Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word Perkins, William, 1558-1602. 1604 Approx. 110 KB of XML-encoded text transcribed from 52 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A09403 STC 19699 ESTC S106090 99841815 99841815 6425 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A09403) Transcribed from: (Early English Books Online ; image set 6425) Images scanned from microfilm: (Early English books, 1475-1640 ; 581:05) Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word Perkins, William, 1558-1602. Crashaw, William, 1572-1626. [12], 90 p. Printed by Iohn Legat, printer to the Vniversitie of Cambridge. 1604. And are to be sold in Pauls Church-yard at the signe of the Crowne by Simon Waterson, [Cambridge] : [1604] A preacher of the word = William Crashaw. The first word in the title is printed in Greek characters. Imperfect; trimmed at head, affecting running titles. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Christian ethics -- Early works to 1800. 2004-07 TCP Assigned for keying and markup 2004-07 Aptara Keyed and coded from ProQuest page images 2004-08 Judith Siefring Sampled and proofread 2004-08 Judith Siefring Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion Ε'ΠΙΕΙ'ΚΕΙΑ OR , A TREATISE OF Christian Equitie and moderation . Deliuered publikely in Lectures by M. W. Perkins , and now published by the consent of his Assignes in Cambridge by a Preacher of the word . Eph. 4. 31. Forgiue one another , as God for Christs sake doth forgiue you . PRINTED BY IOHN LEGAT , Printer to the Vniversitie of Cambridge . 1604. And are to be sold in Pauls Church-yard at the signe of the Crowne by Simon 〈◊〉 To the right Honourable the L. Sheffeild , Lord Lieuetenant , and L. President . Sir Tho. Heskith , S. Iohn Benet Knights . Charles Hales , R. William , Cutbert Pepper , Iohn Ferne , Esquires , and the rest of his Maiesties Hon. Councell , established in the North parts , and vnder his Highnes the highest Patrons of Equitie : Grace and peace from Iesus Christ. RIght Honourable and W. how famous in all writers the yeare Eightie eight , and how fatall it was made by all the old and later Coniecturers , is not vnknown to any of you : but how the issue answered the expectation , I see not , saue only in that notable ouerthrow of the enemies of god , the Papists : whereupon our reuerend a countreyman , and Christs Champion for England , said very well : Octogesimus octavus , mirabilis annus Clade Papistarum , faustus vbique pijs . But if euer yeare deserue to be famous in English Chronicles , it is this yeare , I cannot tell whether I should say 1602 , or 1603 : wherein , whether Gods anger was more , in taking from vs such a Queene ( as for ought I reade ) the world neuer had : or his mercie , in giuing vs such a King , as England neuer had , I leaue it to better heads to be determined . How is the name of our God to be magnified , by whose mercie so great a losse is made no losse , but a gaine vnto vs ? for who seeth not , that all her Princely vertues , doe not only liue in him , but are also in him ( beeing a man ) more perfect and accomplisht . Shee is dead , but her Heroicall zeale and loue to Religion is aliue ; shee bequeathed it with her kingdome to his Highnesse , who doubtlesse will make both her Religion , and her Kingdome , to flourish as much more , as a man doth excell a womā . And who knoweth not , that the enemies of our Religion , and our peace , ( notwithstanding all their politik dissembled brags to the contrarie ) doe finde his Maiestie so little for their purpose , that now they would sing a thousand Masses to haue her aliue againe , against whom they thundred out b so many Curses and Excommunications , and after whose blood they so thirsted whilst shee liued : what straights are they driuen into ? who would wish her aliue againe , at whose hands ( though a woman ) they neuer gained , nor got one inch of ground in 44 yeares ; though nine or ten Popes , and 10000 of their slaues , wrastled with her all the while , with all the power , and policie , craft , and trecherie , which the Deuill could lend them . Nay , her end was as glorious as her beginning , and her last Proclamation against them , was more to their shame , and lesse to their comfort , then euer any , in her life before : and so farre was shee , from allowing them a Toleration , of their intolerable religion , in her old , and therefore weakest age , as that it neuer entred into her royall heart : nor euer thought shee it worthie to be made a question , whether it should be or no. No , shee halted not betwixt two religions : but to her Baal was Belial : & therfore shee banisht him ; and God was the Lord , and therefore shee serued him . Shee was resolued that Dagon must downe , if Gods Arke stand ; or els if Dagon stand , the Arke must away . For both together cannot stand vpright . Shee held that as , when the enemies themselues brought the Arke into Dagons temple , Dagon fell downe : so if the Israelites should haue admitted Dagon into Gods temple , that the Lord himselfe would haue remooued his Arke from them . Blessed was shee in her life , & twise blessed in her end : she lost not her first loue , and her works were more at the last , then at the first : and blessed are we that enioyed her so long : and more blessed , who vnder her enioyed such 44 yeares , as all the bookes in the world cannot shew vnder a woman : but most blessed of all , in that after such a Dauid , God hath sent vs such a Salomon , after such a woman , such a man , after such a Queene , such a King , who will make an ende of many a Ioab , and many a Shimei , which shee could not so well doe , and finish that Temple which shee so well beganne : and who ( I doubt not to affirme it ) doe the Deuill , and the craftie Papist , all they can , is the chiefe Champion of Christ Iesus vpon the face of the earth . And how happie a yeare shall this be , if the losses which learning hath sustained be as well recompenced . Iunius of Leiden , Tossaine of Heilderberg , Perkins of Cambridge , haue this yeare bin taken from vs , besides many other , of inferiour note : happie should those three famous Vniuersities be , if the like were seated in their roomes . Let vs leaue the first , to the lower , the second to the higher Germanie , to praise them , to lament them , and to make supply for them . It is the third who especially concerneth vs : what losse the Church of God , and in the Church , England : and in the Church of England , the Ministery : and in the Ministerie , the Vniuersities : & in the Vniuersities , the younger students haue sustained by the vntimely death of that Reuerend man , I thinke is not vnknowne to any of you . For how should he be vnknown to any ( of any note ) in England ; whose name and estimation is such in other natiōs , as that at one a Mart we find , that in one halfe yeare , two of b his books were translated into Latine , & foure were were printed beyond the seas . The best recompence of this losse , is the fruit of his labours , which he hath left behind him , whereof some were written by himselfe , and others taken by other men from his mouth : all which , at least so many of them as may be perfected , there is hope we shall intime inioy . Had not Iohan. Budaeus , and Carolus Ionvillaus done so to Calvin : Vitus Theodorus , Ioh. Frederus , and Iustus Ionas done so to Luther , many worthy workes of those two great instruments of God had vtterly perished : and had not some done so to this worthy mā , no doubt many sweet blasts of that siluer trumpet of God , had vanished away . For my part , though time be pretious vnto me otherwaies , yet thinke I that time well spent , which I may bestowe in preparing to the Presse , any thing of his . This discourse of Equitie now made readie , as a child borne after his fathers death , I present to your Honourable viewe and patronage . If any aske why I dare tender so small a gift , to so great personages , my onely answer is , I make the Iudges of Equitie , the Patrons of Equitie . God graunt you a long and Honourable state , vnder our worthy Salomon . Amen . From my studie , Sept. 10. 1603. Your Honours , and Worships in the Lord : W. Crashawe . To the Christian Reader whosoeuer . I Doe here present vnto thee , ( Christian brother ) a small discourse of Equity , deliuered by that faithfull labourer in the haruest of God , Mr. William Perkins , in a fewe Lectures . The discourse is litle , and briefe , but the matter is pithie , and the vse profitable . Equitie and Christian moderation whether publike or priuate , is the true badge of Christianitie . Without publike Equitie , what is the court of Iustice , but turned into the seate of Iniquitie ? and without priuate Equity , what is mans life , humane societie , neighbourhood , nay friendship , nay kindred , nay marriage it selfe , but euen a potion of poyson in a golden cuppe ? Art thou therfore a Magistrate ? here is taught thee , howe to discharge thy place , in the execution of the lawes , as shall neither be vnbeseeming the lenitie of a Christian , nor the seuerity of a Magistrate . Art thou a priuate man ? here is taught thee howe to carrie thy selfe , in all dealing and bargaining with another : howe to demeane thy selfe towards thy wife , thy seruant , thy child , thy friend , thy neighbour , in such manner , as if thou hadst all the comforts and contentments of this earth , yet the practise hereof , shall make them all ten times more comfortable : and the want hereof , shall turne all their sweetnesse into gall and wormewood . When therefore thou readest this little booke , and withall , ( laying it to thy life ) doest finde the truth of it in thy course & conuersation , then acknowledge the spirit of God in this holy man , ( who now sleepes in peace ) praise God for him , be waile his losse , and helpe me and others with thy holy praiers , that wee may still goe forward in this good worke , of publishing these his godly labours : and in deliuering out to the church of God these Iewels : which the Lord from his mouth , gaue vs to keepe , not for our owne , but for the common good . Thy brother in Christ Iesus , W. C. Philip. 4. 5. Let your moderation of mind be knowne to all men : the Lord is at hand . THe Apostle in this chapter , giues sundry exhortations , to many Christian duties . In the first verse , to perseuerance in faith and true religion . In the 2. and 3. to mutuall concord . In the 4. to a spirituall ioy in the Lord. In this 5. verse , he exhorteth to the vertue of Equitie , or moderation of minde . Our English translations commonly read it thus . Let your patient minde be knowne to all men . which though it be truly and well said , yet the wordes translated haue a larger and fuller signification . Therefore according to the nature and force of the wordes , I rather chuse to read it thus : Let your equitie or moderation of mind be knowne &c. The wordes containe 2. partes . 1. An exhortation , Let your equitie be knowne to all men . 2. An excellent reason to enforce it : the Lord is at hand . The drift and scope of the exhortation is , to perswade the Phillippians , and in them the whole Church , to the practise of Equity . Now this Equitie , wherevnto the holy Apostle so earnestly exhorteth , is , a worthy christian vertue , so excellent , as the carefull practise thereof , is the marrow and strength of a common weale , and where it is , there cannot but be peace , and contentment in all estates : and so necessarie : as without the practise of it , no house , familie , society , cittie , common-welth , kingdome , or Church can stand or continue . Indeed a kingdome may be established by force and armes , by violence and crueltie : but it cannot stand or continue , without this equitie , and christian moderation betwixt man and man. Nay ciuill society , and common dealing betwixt man and man cannot continue , vnles one man yeild to an other . In a word , there can be no peace in families , no sound nor lasting loue , betwixt man & wife , nor any comfortable quietnes , where one doth not yeild to the other , and one beare with an other in many things . And if it be so in marriage , which is the neerest coniunction , and the most excellent and perfect societie , which is in this world : then is it much more true , in all other societies of men , that there can be no peace , no christian neighbour-hood , no true frendship , vnles one beare with another , and one towards another do carry himselfe , in an euen and moderate course . Seeing therefore this is so necessary and excellent a vertue , I haue purposed to speake of it at large . Let vs then examine these two points 1. the nature of it , 2. the kindes of it . For the first ; Christian Equitie , is a rare and excellent vertue , whereby men vse a true meane , and an equall moderation , in all their affaires and dealings with men , for the maintaining of iustice and preseruation of peace . This I take to be the true description of the generall nature of this vertue : and herein , First , I say it is a vertue , which is conuersant about practising of a moderation , in all our courses and dealings with men . For we men can vse no meane nor moderation with God , but if we do euill , it is all to much , and if we do good , it is all to little : Againe , equitie and moderation , is to be performed of God towardes men , and not of men towardes God. For if men deale not equally towardes God , the fault is theirs and not his , God is not worse for it ; but if God dealt not moderately with men : the world would not last one houre , And lastly . where there are no faults , there is no forgiuenes : where no infirmities , there needes no moderation : but in God there is no want , no errour , no imperfection : but his loue , his mercy , and his workes of loue and mercy towardes mankind , and to his Church especially , are most perfect , therefore there needes no moderation , nor forbearance towardes God , but towardes men , who being flesh and bloud , and full of infirmitis , ( from which regeneration it selfe doth not fully free vs ) do therfore stand in need of this vertue , to be practised amongest them : els their societie and fellowship cannot endure . And further , all men in this case are alike , and therfore one hath good cause , to beare with another . The Prince is flesh and bloud as well as his subiects : the husband is flesh and bloud , as well as the wife is ; the Pastor is a man as his people and hearers are . Hence it followeth , that therefore one is subiect to infirmities , as well as an other : and therefore I conclude , that in all our courses & dealings of man with man in this word , there must be practised a christian moderation . Secondly , I say in the description , that the end of this vertue , is to maintaine Iustice , & to preserue peace ; which two are the very sinewes and strength , of a Christian kingdome ; for where we do not to other men , as we would others should do to vs : there is no iustice . And where we will not passe by small faultes , and forbeare infirmities , there can be no peace : such is the excellency of this vertue , as it serues to maintaine two other such great and principall vertues , as are euen the harte , and the braine of the common-wealth , namely : Iustice and Peace . But for the more exact , and particular knowledge of the nature of this necessary vertue : let vs descend to the particular branches , and kindes of it . Christian Equitie therefore , is either publicke or priuate . Publicke equitie is that , which is practised in publicke metings and assemblies of men , as in Courts of iustice , Assises , Sessions , Counsells , Parliments , and such like . The matter , where about this publicke equitie is conuersant : is the right and conuenient , and the moderate and discrete execution of the lawes of men . Lawes of men , made by lawfull authoritie , according to Gods law , and for the common good are , and are to be estemed , bones and sinewes to hold to gether , proppes and pillers , to vphold the common-wealth , and all societies . God therefore hath giuen to Kings , and to their lawfull deputies : power and autoritie , not onely to commaund and execute his owne lawes , commanded in his word : but also to ordaine and enact , other good and profitable lawes of their owne , for the more particular gouernement of their people , and to be helpes for the better executing of the lawes of God. And also to annexe a punishment and penaltie , to the said lawes : which penaltie is to be according to the qualitie of the fault , greater or lesse : in so much that they may in many cases , ( if the common good so require ) inflict euen death it selfe . And further God hath giuen these goddes vpon earth , a power as to make these lawes , and annexe these punishments : so also vpon mens defaults and breaches , hath he giuen them authoritie to execute the law so made , and to inflict vpon the offender , the punishment annexed . Now because this point is of great moment , in a common wealth : and the true knowledge and due practise thereof , is the glory and bewtie of a kingdome : therefore for the better directiō herein , both of prince and people , magistrate and people gouerned : let vs enter further into the consideration thereof . In the lawes of common-wealthes , two things are to be considered , the sight whereof will giue great light , to know more perfectly , what this publicke equitie is . These are 1. the extremitie of the law . 2. the mittigation of the law . Both these , are put into the hand of the Magistrate by God himselfe , to be ordered according to his discretion , and as the circumstance requireth ; and of them in order . The extremitie of the law , is , when any law of man , is vrged and executed straightly and precisely , according to the literall sence , and strict forme of the wordes , and the exactest meaning , that can be made out of the wordes , without any manner of relaxation , at that time , when there is good and conuenient cause of mittigation , in regard of the person offending . This point cannot well be expressed in sewer wordes . The principall and most materiall clause in this discription of extremitie , is in those wordes . At that time , when there is iust cause of mittigation , in regard of the person offending . For if there be no good cause of mittigation : then it is not called , extremitie : but iustice of the law : but when there is good cause , why in a Christian consideration of some circumstances , this iustice should be mittigated , and yet is not , but contrariwise is extremely vrged , and pressed to the furthest : then it is extremitie . Now this extremitie of the law , is in this case so farre from iustice , as indeed it is flat iniustice . And herein is the prouerbe true . Summum Ius summa iniuria ; that is , the extremitie of the law , is extreme iniurie . And of this doth the holy ghost meane , Eccles. 7. 8. be not ouer iust , that is , presse not iustice to farre , nor vrge it to extremely in all cases , least sometimes you make the name of iustice , a couer for crueltie . Now besides this , there is a second thing in the hand of the Magistrate , namely the moderation , relaxation , or mitigation of this extremitie : and that is , when the proper forme of the wordes , and the strictest meaning of the law is not vrged , and the punishment prescribed in the law , is moderated , or lessened , or deferred , or ( it may be ) remitted , vpon good and sufficient reason ; and in such cases , as whereof the lawe speakes not directly , nor the law-maker did purposely aime at . The ground of this mittigation is , because no lawe makers beeing men , can foresee , or set downe , all cases that may fall out . Therefore when the case altereth , then must the discretion of the lawemaker shew it selfe , and doe that , which the law cannot doe . This mitigation is in the hand of the Magistrate , as well as the extremitie : nay it is a part of his dutie as well as the former : and he offends as well , that neglects to mitigate the extremitie , when iust occasion is : as he that neglects to execute the extremitie , when there is neede . As therefore , he is no way fit to be a Iudge , who hath no knowledge , or care to execute the lawe : so he is but halfe a Iudge , who can doe nothing but vrge the lawe , and the plaine words of the lawe , and is not able also , to mittigate the rigour of of the lawe , when neede so requireth . Therefore euery Magistrate , is to practise this with the other , and not to separate those things which God hath ioyned . But now least this moderation , and mittigation of mans lawes , ( which is the practise of publike equitie ) should turne to the maintenance of malefactors , the abolishing of lawes , the despising or weakening of authoritie , ( which in these daies little needeth ) we must therefore nowe remember this caution . That there must be no mittigation , but honest , profitable , and conuenient . If any man aske , when is it so ? I answer in three cases . First , when the mittigation stands with the lawe of nature . Secondly , when it agreeth with the morall lawe , or any part of the written word . Thirdly , when an inferiour law is ouer-ruled or countermanded by a higher lawe . In these three cases , the moderation of mens lawes and the mittigation of the punishment due , by the extremitie of these lawes , is honest and good , and may and ought to be practised . But if it be contrarie , and not warranted by some of these : then that mittigation is flatt iniustice , and a manifest wrong vnto the law . That the difference of these two , the extremitie and mittigation , may better be discerned , let vs consider it in some examples . It is the law of England , and many other countries , that the theife shall die . Now though the word of God , hath not the same punishment in plaine tearmes : yet is the law good and warrantable , as shall appeare in the sequell , and I thinke is doubted of by none . The drift of this law is , to represse that common and generall sinne of the euerie , a preuailing sinne , as any other , and so farre preuailing ; as the rigour of good lawes is necessarily required , for the repressing of it : so that this lawe was made , for the cutting off of such rotten members , as doe but corrupt others , and of whose amendment there is no hope . Now , suppose a young boy pinched with hunger , cold , and pouertie , steales meate , apparell , and other things for releife , beeing pressed to it by want , and not hauing knowledge , or grace to vse better meanes : to put this person to death , for this facte , is the extremitie of the law , in respect of the circumstances of the person , who did it , beeing a childe : and of the end , for which he did it , to releiue his wants . Now the moderation in this case is , when vpon these considerations , that first , he is not an olde , nor a practised theife : but young and corrigible ; one that beeing reformed , may liue long , and prooue a good member in the common wealth : and secondly , that his theft was not hainous , but the things he stole were of small value : and thirdly , that he did it not vpon a malitious , cruel , and iniurious intent , but to releiue his hunger and want . The equitie or moderation , I say in this case , is not to inflict death , ( for that were extremitie ) but to determine a punishment , lesse then death : yet such a one , as shall be sufficient , to reforme the partie from his sinne , to punish the fault , to terrifie others , and to satisfie the law . Thus in this example , it apeares manifestly what this moderation is , and what is extremitie , which is contrary to it : and the same might we see in many more . Now hauing thus considered these two together , here vpon we may see what this publicke equitie is , namely nothing els , but a moderation and mittigation of the extremitie of a law , vpon honest and conuenient reasons , and in such cases , as were not directly intended in the law . The obseruation and due practise of this equitie , is the glorie , credit and honour of all publicke assemblies , as assises , sessions and all courts of iustice , and without the obseruation of this when need is , all that they do is flat iniustice in that case . For they lame and maime the lawe , they fulfill but the one part of the lawe : for in euery lawe there are these two thinges ; the extremitie in plain tearmes , and the mittigation implied : and these two together make the lawe perfect : and the glory of the lawe , standes as well in practising of mittigation , as in the execution of extremitie , nay sometime it standes in the mittigation , and not in the extremitie , insomuch as the moderation is then the equitie of the lawe , and the extremitie is more iniustice . And as this is the glory of the lawe , so is it the glory of Iudges and Magistrates , thus to execute the lawes , and to temper them with such discretion , as neither too much mittigation , do abolish the law , nor too much extremitie leaue no place for mittigation . Therefore ( to make an end of this point ) two sortes of men are here reproueable . First such men , as by a certain foolish kind of pittie , are so carried away , that would haue nothing but mercy , mercy , and would haue all punnishments , forfaitures , penalties , either quite taken away , and remitted , or at least lessoned , and moderated , they would also haue the extremitie of the lawe executed on no man. This is the high way to abolish lawes , and consequently to pull downe authoritie , and so in the end to open a dore to all confusion , disorder , and to all licentiousnes of life . But I need not to say much herein , for there are but few that offend in this kind , mans nature beeing generally inclined , rather to crueltie then to mercie : This fault proceedeth either from a weakenes of witt , and an effeminatenes of minde ; and then a man is vnfit to be a Iudge ; or else from vaine glorie , and a base and affected popularitie , and such a man is vnworthy to be a Iudge . But in the second place , this doctrine and the very scope of this text , condemnes another sort of men , which are more combersome ; that is to say , such men as haue nothing in their mouthes , but the lawe , the lawe : and Iustice , Iustice : in the meane time forgetting , that Iustice alwaies shakes hands with her sister mercie , and that all lawes allowe a mittigation . The causes of this euill are two . 1. The generall corruption of mans nature , which is alwaies readie , to deale too hardly with other men : as also too mildely with themselues , and partially in their owne causes . 2. And secondly , for the most part , such men doe gaine more by lawe , then by equitie , more by extremitie , then by mittigation : as the souldier liues better by warre , then by peace ; and as the flesh-flie , feedes on the wound , that cannot feede on the sound flesh : so these men gaine by law , that which they can neuer get by equitie : for equitie and moderation breede vnitie , and if all men were at vnitie , what should become of them ? but extremitie breeds variance : for ( in reason ) one extremitie drawes on an other , and so in mens variances they are set on worke : and the more the better for them . These men therefore , sticke so precisely on their points , and on the very tricks and trifles of the law , as ( so the law be kept , and that in the very extremitie of it , ) they care not , though equitie were troden vnder foote : and that law may raigne vpon the earth , and they by it : they care not , though mercie take her to her wings , and flie to heauen . These men ( for all their goodly shewes ) are the decayers of our estate , and enemies to all good gouernment . For though they haue nothing in their mouthes , but Iustice , Iustice , and haue banished mercie , yet let them know , that Iustice will not stay where mereie is not . They are sisters , and goe alwaies hand in hand : they are the two pillars , that vphold the throne of the Prince : as you cannot hold mercy , where Iustice is banished , so cannot you keepe Iustice where mercie is exiled : and as mercie without Iustice , is foolish pitie , so Iustice without mercie , is crueltie . So that as these men haue banished mercie , so within a short time , they will send Iustice after her , and crueltie and oppression will come in their rooms , which are the very ouerthrow of all estates . These men , when they are made practisers of the law , Iudges , or Magistrates , are to learne this lesson , which the holy Ghost here teacheth , Let you Equitie be knowne to all men : and let all Magistrates thinke it their honour , to be counted mercifull Iudges : let them reioyce , as well to shew mercie when there is cause , as to execute extremitie when there is desert : and let them labour for that Christian wisdome and discretion , wherby they may be able to discerne , when mercie and mitigation should take place , and when extremitie should be executed . If inferiour Iudges or Magistrates be negligent herein , then must we haue recourse to the Prince , the highest Iudge on earth , and vnder God the first fountaine of Iustice and mercie : whose care must be , that as Iustice and mercie ( not one of them , but both together ) doe vphold his throne , and fasten the Crowne vpon his head : so he likewise see them both maintained , and take order , that in the execution of his owne lawes , there be alwaies a roome as well for mercie and mitigation , as for Iustice and extremitie . This must he doe , because his lawes cannot be as Gods lawes are . Gods lawes are perfect , and absolute , and of such an vniuersall righteousnes , as that at all times , and in all places , they are of equall strength , and of the same equitie in all cases : and therefore are to be executed without dispensation , relaxation , or any mitigation , which cannot be offered vnto thē , but with iniurie and violation . But mens lawes , comming from their owne wits , are imperfect , and so in all cases , they doe not hold the same equitie , and therefore must needes be executed with a discreet and wise moderation . This moderation is publike equitie , and this publike Equitie , is the scope of this text , and the due practise of it in the execution of mans lawes , is the glorie of all Christian Commonwealths . Hitherto of the first and principall branch of Publike Equitie . To proceede further . As this publike Equitie principally stands , in the moderation of the laws of men ; so it descends more specially euē to all the publike actions of a mans life : so that by the rule and direction of this Equitie , thus described , men may know how to guide themselues , in suing bondes , and taking forfeitures : and how men may with good conscience , carrie themselues in suretyships , in taking of fines , in letting of leases , and in all manner of mutuall bargains , betwixt man and man. By vertue of this , a man may see how to frame all these and such like actions , in such sort , as himselfe shall reape credit , and gaine ynough , & his neighbour helpe and succour by him . For in forfeitures of bonds , forfeitures of lands , or leases , in suretyships , in rents , in fines , and all other dealings of men togither , there are these two things . First , the extremitie , that is , that which the law will affoard a man in that case : and there is secondly , the moderation of the extremitie , vpon good and conuenient reasons : let vs consider of them in some fewe examples . A man is bound to another , in an hundreth pound , to pay fiftie at a day . The same man , not by negligence , but by some necessitie , breakes his day , and afterwards brings the principall debt . Now to take the forfeiture , is in this case , extremitie : though the law doth yeeld it . And if a man stand vpon this extremitie , he deales not honestly and equally , but hardly and extremely with his neighbour : and the law cannot free him in this case , from manifest Iniustice . What is then the moderation in this case ? Euen this , to take thine owne and remitte the forfeiture : the reason is , because the cause & groūd of appointing a forfaiture , was not for aduantage , but only for the better securitie of the principall : which seeing thou hast , thou hast that which the law did intēd thee . Againe , his breach was not wilful , or with purpose to hurt thee , but against his will. If therefore thou beest directly damnified by his missing thy day , ( without all aequiuocation ) then take thy reasonable dammages , out of his forfeiture , if not , then remitte the vvhole forfeiture ; and this moderation is publike equitie . And without this , there can be no buying nor selling , borrowing nor lending , betwixt mā & man. See another example . One takes a lease of thee , for yeares , to pay thee such a rent ; & for not paiment of that rent , his lease to be voide . The poore man misseth his rent day , now what saith the lawe ? his lease is forfeited , but to take this aduantage , is the extremitie of the lawe : the moderation is , to remit the same forfeiture , in part , or in whole , as thou shalt see reason in equitie and conscience : This moderation is in this ease , Publike equitie , and without this , there can be no letting of lands , betwixt man and man. So for fines and rents , the lawe saith , Thou maiest make the most of thine owne , if thou stretch this law as farre as the very wordes will beare , then maiest thou make such fines and rents , as may grinde the faces of the poore , so as no man shall liue vnder thee : but thus to doe is Extremitie , and beyond the purpose of the lawe . The moderation in this case is , not to take all thou maist get , but so to fine and rent thy lands , as he that takes them , may liue of thē : The reason of this Mittigation is , because enuie and hatred , may often make many men offer more for a farme , then it is worth , to crosse and hurt their neighbour , or to get all into their owne hand . Here therefore , though the lawe doeth yeild thee all that , which a man doeth willingly offer , yet must thine owne conscience be a lawe vnto thee , to make thee a moderator of that extremitie . Let these three examples serue for many . Now in these and all other publike dealings betwixt men in the world ; a man obserues Publike equitie , when he dealeth not with his neighbour , according to that extremity , which the strickt wordes of the lawe will beare : but according to that Moderation , which good conscience requireth : & which the lawe it selfe in some cases doth admit . By the knowledge of these two , a man that hath any conscience , may see howe to carrie himselfe , in all these ciuill affaires , in an euen , vpright , and equall course , and warrantable not onely by the lawe of the land , but euen by the law and word of God. And I make this distinction of the lawe of the land , and the word of God , because we are to knowe this for a rule : That euery extremitie , which a law in the strictest acception doeth affoard , is not warrantable to be vrged by the word of God : and yet notwithstanding it is good , conuenient , and requisite , that the extremitie be warranted by the lawe , because in some cases , it must needes be executed . The lawes of men , may ordaine and appoint extremities : but the law of God must tell vs , when to vrge them , and when to moderate them : So then , when a man takes the extremitie , he doeth that , that is alwaies warrantable by the lawe : but in some cases , is not warrantable by Gods word , which commandeth a Mittigation , when there is good reason for it . But he that taketh the extremitie , when there is no iust cause of mitigating it , and againe doth mittigate it , when there is cause , his course is not onely warrantable by the lawes of men , but euen by the lawes of God also . For it is the dutie of euery Christian man , to remember in all his bargains and dealings , that his manner of dealing , must not onely be warranted by the lawes of the land , but euen by Gods word also : and this is to be knowne and taken for a generall rule in all this treatise . And he that will duely consider the true difference of extremitie and moderation , as they are here described , may see how to carrie himselfe in all his dealings , so as they may be warrantable : both by our owne lawes , and by the word of God. To returne then to the matter , and to end this point of publike equitie : If any man shall obiect , that this moderation is a wrong to the law : I answer , it is not : for it is neither against the lawe , nor altogether besides the lawe , but onely beside the stricttest meaning of the lawe . Nay it is included in the lawe , as well as the extremitie is , though not in the same manner : for the extremitie is warranted by the law , mitigation is but tollerated : the lawe alloweth extremitie , but it onely admitteth a mitigation . So then , both extremitie and mitigation , are within the lawe , but it is in the hand principally of the Magistrate , and in some cases , of other men also , to discerne the seuerall circumstances , when the one is to be executed , & when the other : for sometime one is the iustice of the lawe , and sometime the other : and according as these two are iustly and wisely executed or neglected , so is the iustice of the lawe executed or neglected . The want of this equitie in mens publike actions , is the cause of much crueltie , oppression , and inequalitie in dealings betwixt man and man : because extremitie is for the most part onely regarded , and mitigation is banished out of all bargains . And it is impossible , to keepe good conscience in forfeitures of bonds , and in forfeiture of lands , suretiships , fines , rents , and such kind of actions , vnlesse there be due regard had to the practise of this publike equitie . Men therefore , must consider that they are Christians , and liue in a Christian commonwealth : And they must not stand onely vpon the lawe , and the aduantage that the law giues . As they are men , they haue a lawe of the countrie , which may allow extremitie : but as they are Christians , they liue vnder a law of God , the eternall lawe , which must iudge them at the last day : the righteous lawe , which no creature shall euer be able to blame of iniustice , or of extremitie : and men must know , that God himselfe commands this equitie of one man to another . But if men , for the feare of God , will not deale equally and moderately , with them that are in their power : but stand strictly vpon forfeitures and other extremities : then must the godly Magistrate exercise his power , and by the force of his authoritie , cause them to mitigate their extremitie , and to put in practise that equitie which becommeth Christians . And let euery Iudge and Magistrate knowe , that by the lawe of the euerlasting God , he not onely may , but is bound thus to doe to them , who will not doe it of themselues . It may be therefore good counsell to all men , rather to practise this Christian equitie of themselues , thē to be compelled to it by authoritie : for euery vertue and good worke , the more free and voluntarie it is , the more acceptable is it to God , and more commendable before men : and let all men remember , that whereas the strict words of mens lawes , seeme to giue them leaue to vrge the extremitie , yet cannot that excuse them , nor free them from the danger of Gods law , which commands them to practise Christian equitie and moderation . Now before we make an ende of this Publike Equitie , one point is necessarie to be handled in few words . Some may obiect , If moderation be intended , and included in our law , as well as Extremitie , why then is extremitie onely mentioned in the law , and not this mitigation , which they so much doe vrge vnto vs ? The answer is readie . The law expresseth and vrgeth the extremitie , to fray men thereby , from comming within the danger of the extremitie ; and concealeth the mitigation , least it should be an encouragement to offend : yet intending it as well as the extremitie , and leauing it in the hand of the Magistrate , to put in practise , when iust occasion is offered , as well as the extremitie . Herein appeareth the great wisdome of the lawmakers , our auncient forefathers , who well and wisely foresaw , that though mitigation be as necessarie as extremitie , and oftentimes more : yet because of the ill consciences of the most men , and the readines of all men to offend , thought it fitter to expresse the extremitie in plaine tearmes ; thereby to keepe ill men within the compasse of obedience , and closely to leaue the mitigation to the discretion of the Magistrate . So then our lawegiuers concealed the mitigation , and expressed it not in their laws , in good pollicy , and to good purpose . If we therefore doe onely take the extremity , we take onely one part of their intent , and shew our selues vnwise , and shallow witted , who cannot see the wisedome , which they closely concealed , in wise and Christian pollicie . He is not worthie the name of a lawyer , at least of a Christian lawyer , much lesse worthie the place and seat of a Iudge , who knoweth not this . For if the law contained not both these , it were vnrighteous , and so no law . For mitigation is for the good man , and extremitie for the euill , the carelesse , and vnconscionable man : if there were no extremitie , how could the euil man be kept within compasse ? and how should the poore honest man liue , if there were no mitigation ? So then , it is warrantable by the word of God , and good conscience , that extremitie should be in force , and should stand by law , but so as it alwaies admit of mitigation , whē neede is . Let therefore our conclusion be , to exhort euery man , into whose hands is put the execution of lawes , to shew himselfe as wise , in executing them , as were our forefathers in the making of them : that is , as well to regard the Mitigation which is concealed , as the Extremitie which is expressed : so shall the lawmakers wise intent be performed , publike equitie preserued , and much Iniustice and hard dealing preuented . Now in regard of this , that hath beene deliuered touching publike Equitie , lawyers must not thinke , that I haue gone beyond the compasse of my calling , and encroched vpon their liberties . For they are to know , that the laws of men , are policie , but Equitie is Christianitie . Now Christianitie was , before there were any laws of men : and therefore they must be ordered according to the rules of Christianitie . Againe , Diuines must take lawyers aduise , concerning Extremitie , and the letter of the law : good reason then that lawyers take the Diuines aduise , touching Equitie which is the intent of the law . Moreouer , their law is but the minister of equitie ; but our law the word of God is the fountaine of Equitie : therefore the principall rules of Equitie , must they fetch from our law : considering that law without equitie , is plaine tyrannie . Lastly , in the first Christian Commonwealth that euer was , namely , the Iewes , the Diuines , that is , the Priests of those daies , were the onely lawyers : for their positiue lawes were the Iudiciall lawes , giuen by God himselfe , whose interpreters were the Priests and Leuites . If therefore , once the Diuines had so much to doe with positiue lawes , it may not nowe be thought amisse , if they giue aduice out of the word of God , touching the equall execution of the lawes of men . And so much touching the doctrine of publike Equitie , grounded vpon the word of God. Now followeth the second kind of Equitie , called priuate ; namely that , which is to be exercised betwixt man and man , in their priuate actions . But ere we goe further , some may demande the difference betwixt publike and priuate actions . Priuate actions of men are such , as are practised amongst men , without any helpe of the lawe : as contrariwise , Publike actions are such , as cannot be performed but by the helpe of the lawe , and the hand of the Magistrate . Wherevpon it followeth , that publike actions may be betwixt priuate men , and priuate actions betwixt publike persons : there is a publiknes and a priuatenes ( as I may tearme it ) both of men and actions . A man is priuate , vntill he be exalted vnto some authoritie , in Church or Commonwealth : then he is a publike person . An action is priuate , as long as it is begunne and handled betwixt two men , and needeth not the publike voice , nor censure of the law to determine it , and then it is publike . For example : a Magistrate may haue dealing with an other man , or two Magistrates together . If they determine it together betwixt themselues , it is a priuate action , because they doe it , not as they are Magistrates , but as they are men : and so there is a priuate action betwixt publike persons . So a priuate man no Magistrate , may haue a trespasse , a debt , a forfeiture , or any other action or demand against another man : wherein ( because he cannot come to a reasonable and equall ende , by priuate meanes ) he craues the helpe of the law , and the voice of the Magistrate : and so here is a publike actiō betwixt priuate men . Now this vertue of Equitie respecteth not the publiknes or priuatenes of the persons , but of the actions : therefore as that is Publike Equitie , which is exercised in the determining of publike actions , which come to the iudgement of the law : so that is Priuate Equitie , which is practised in the managing of Priuate Actions , which are begun and concluded priuately betwixt man and man , and neuer come to publike hearing , nor triall of the law . Now let vs come to search more neerely into the nature of this vertue . Priuate Equitie is a moderate , euen , and equall carriage of a mans selfe , in all his priuate wordes and deedes , towards all other men , and all their words and deedes . First , I say , it is [ a moderate carriage ] of a mans selfe , that is , betwixt both extreames , neither bearing all things , nor reuenging euery thing . Secondly , I say towards all other men : wherein I comprehend all men , & all sorts of men : husbands , wiues : Magistrates , subiects : teachers , hearers : masters , seruants : Parents , children : men , women , neighbours in townes , fellows in societies , in seruice , in labour . In a word , none are excepted , who any way doe liue or conuerse together , but of them all it is true , that if there be not a moderation , and a forbearance one of another , there can be no peace amongst them , but their liues shall be all ( as it were ) a hell vpon the earth . Seeing therefore , the necessitie and excellencie of this vertue is such , that the due practise of it is the ornament of families , and societies , and the comfort of a mans life in this world ; let vs enter into more particular consideration thereof . Priuate Equitie hath foure degrees , or principall duties . First , to beare with naturall infirmities . Secondly , to interpret doubtfull things in the better part . Thirdly , to depart from our owne right sometimes . Fourthly , to forgiue priuate and personall wrongs . Of all these briefly , and in order . The first dutie of priuate Equitie , is to beare with the defects and infirmities of mens natures , with whome we liue , as long as they breake not out into any great inconuenience , or enormitie . These infirmities are manifold : as for example : frowardnes or morositie of nature ; bastines ; slownes of conceit ; dulnes of wit ; suspitiousnes ; desire of praise , and such like . These and many other naturall infirmities , must a Christian man beare and tolerate patiently , in those with whome he conuerseth , as with his wife , his child , his seruant , his friend , his neighbour , &c. And so long must he beare with them , as they are kept within a meane , and breake not out into extremitie . Of these the holy Ghost speaketh , Prou. 19. 31. It is the glorie of a man to passe by an infirmitie : that is , if he seeth in his brother weakenesses of nature , which doe not arise from setled malice , or cankred corruption , it is a mans glorie and praise , alwaies so farre to moderate himselfe , as not to see them , nor to take notice of them , at least not to be mooued , nor disquieted at them : and oftentimes , so litle to regard them , as though they were not done . To this end saith the Apostle , 1. Cor. 13. Loue suffereth all things , that is , all things that may be borne with good conscience , & are done by them whome we loue . Now any thing may be borne with good conscience , which is either so priuate , or so small , that the wrōg is onely ours , and no dishonour thereby ensueth to Gods glorie , nor ill example to the Church : all such things loue suffereth . And indeede it is the propertie of true loue , to passe by many wants : and the more that a Christian is rooted in true loue , the more infirmities will he passe by , in them whome he loues : he setteth no limits to himselfe , how many or how long to beare , but euen all that are infirmities of nature : many hard words , many angrie fits , many needles surmises , many vnkindnesses , will he put vp , and ( as it were ) not see them , whose heart is possessed with true loue , wisdome , and the scare of God : and thus must euery one doe that will practise Christian Equitie . For this is a mans glorie , and commendation . Let vs lay this doctrine neerer to our consciences , by cōsidering the nature of this vertue in some few examples . A man hath a wife , or a woman a husband , in whome there is the feare of God , and honest and faithfull loue , but he or shee is subiect to anger or to hastines , or to an austeritie in their behauiours , or it may be it is not in their natures , to practise those outward complemēts of kindnes , which others can doe with great facilitie . These and such like , are but weaknesses of nature , in them that feare God : therefore must loue couer them and beare them , and oftentimes not take notice of them ; and the rather , because he or shee that hath not such , hath either the like or greater weaknesses , all which if one forbeare not in another , it is not possible to liue in peace and comfort . But if this part of Equitie were practised , it is scarce credible , how much it would augment the happines , and adde to the comfort of them , that are married . Againe , a man hath a seruant carefull and willing ynough to obay and please his master , also trustie and faithfull : but he is slow in his busines , and doth not dispatch things appointed him , to the minde of his master , not so speedily , not so readily , nor with that facilitie , as his master requireth . What is to to be done in this case ? to see it , and alwaies to checke him for it , and to gall and gird him with it , and euer to be casting it in his teeth , and threatning him for it , is the extremitie which here the Apostle condemneth . The Equitie then in this case to bee performed , is , in consideration that it is not a fault of malice , but of nature , not of idlenesse , nor carelesnesse , but of a naturall weakenesse , the Master must gently tell him of it , and priuatly and seldome : and aduise him , what are the best helps for nature in this case . And though he see not that speedie amendment , which he desireth , yet is he to beare with him , as long as he is trustie , diligent , dutifull , and willing , and for those so many good properties , he must beare with his wants , and not be too sharp , either in reproouing , or in correcting him for them . In the the third place : A man hath occasion , to confer often with another man , by reason that they are neighbours , or speciall friends , or of the same calling , and course of life : but one of them is hastie , and soone angrie , and it may be in his talke , either for the matter or the manner of it , he cannot but shewe his anger . Extremitie in this case is , for a man to deale roughly with him , to contradict and crosse him , to denie what he saith , to stand stifly to our our owne opinion , & to be angrie againe with him . But on the other side , Christian Equitie teacheth a man not to see it , nor take notice of it , nor to be angrie againe , nor to checke him for it ; but to put it off by gentle words , soft demaundes , and other talke : and to yeild to him , as farre as a man may doe , in good conscience , without betraying of the trueth . And by the way , in conference hold it alwaies for a rule of Christian wisedome , and priuate Equitie , neuer to sticke stiffely to any opinion , vnlesse it be in a plaine trueth , and of great moment . Now thus doing to our brother , and sparing his weaknes , and continuing on our speech , as though we sawe not that he was angrie : hereby the conference holds on , and loue is continued as afore . But if contrariwise , we take the aduantage of his infirmitie , and display it , and rub him for it , if we be as short as he , and stand stiffely vpon points , then the conference is broken off without edification , and heart-burning riseth betwixt them , in stead of true loue . Thus we see in these examples , how in a Christian moderation , we are to beare , and to forbeare the naturall weakenesses of our brethren , if we purpose to liue in any comfort with them in this world . Yet this forbearance must be with two conditions . First , that these wants be wants of nature , not of malice , nor of old , rooted , setled , and cankred corruption . Secondly , if they whome wee forbeare , containe thēselues within conuenient bonds , and doe not exceede , nor breake out into any outrage , or extremitie : for then they are not to be forborne , but to be tolde , and reprooued for them , and a mans dutie is not to winke at them , but to take notice of them , and to shewe open dislike of them . But in as much as these are wants of nature , as it is infirmitie in the one to shewe them , so it is the glorie and praise of the other , to pardon them : yea it is a token of wisedome , and good gouernment , and a signe that a man is a louer of peace , and consequently of religion , and of God himselfe , to passe by them . The practise of this dutie , maintaines peace in kingdoms , countries , states , cities , colledges , families , and all societies of men . Thus much for the first dutie . The secōd dutie of priuate equity is , to constru & interpret mēs sayings that are doubtfull , in the better part , if possibly it may be : this is to be vnderstood of all men , though they be our enemies and this must a man do , if he will liue in peace in this world . Our nature is giuen to take men at the worst , to depraue mens deeds and words , & to peruert them to the worst sense , that may be : and this is commonly the cause of debate and dissention in the world . But the dutie of Christian Equitie is contrary hereunto ; namely , to thinke the best they can of all men , to construe all doubtfull actions in the better part , and to make the best sense of all doubtfull speeches , if we haue any probable reason to induce vs to it . The Apostle makes this the propertie of loue . 1. Cor. 13. Loue thinks not euill , that is , not onely then , when there is manifest and good cause to thinke well , but when it is doubtful , if it may by any meanes haue a good meaning , if by any means , it may be well thought of , loue will make a man thinke well of it : & the more specially a man loues another , the more equally , indifferently , and Christianly , will he interpret all his sayings and doings . The want of this dutie , and the practise of the contrarie , is the cause of more troubles , tumults , garboiles , fallings out , and heartburnings , in kingdomes , countries , societies , and families , betwixt man and man , then any one thing in the world besides . Dealing thus with the wordes of Christ cost him his life : for when Christ said , Destroy this temple & I will build it in three daies , they interpreted it of the temple of Ierusalem , when as he meant of the temple of his bodie . And the wrong and sinister interpretation of Dauids ambassage , by his neighbour king Hanu● , was the cause of that great war betwixt two mightie kingdomes , the Israelites , and the Amonites , which cost so many thousands their liues . For when Dauid sent Embassadours to comfort him after his fathers death , he and his wicked counsellers interpreted it , that he sent spies , and intelligencers , to find out the weaknesse of the land . It cannot be spoken , what broiles , hurliburlies and confusions in kingdomes , what contentions in eommon-wealthes , what factions and diuisions in colledges & societies ; what disquietnesse in families , what vnkindnesse and falling out amongest old friends , and what separation euen amongest them that should be neerest , are daily in the world , by reason of this sinister interpretation , of mens words and deeds . We therefore that doe professe our selues the children of peace , must learne to make conscience of this , the due practise whereof , is the conseruation of peace . And further in this dutie , one thing more is to be remembred , namely , that we must not giue too sharpe a censure , euen of the open and manifest euill sayings , or doings of our brother : we must not iudge them to be done carelesly , when it may be they are done ignorantly : nor deliberately , when it may be they are done rashly : nor presumptuously , when it may be they are done vpon infirmitie : nor to be done vpon hatred or malice to vs , when it may be they are done for an other cause : nor may we iudge an euill thing , to be done for want of conscience , when it may be , it is done for want of heedfulnesse : but alwaies we must remember , to make the best we can , euen of another mans infirmities . And as , if our brother doe well , we are to acknowledge it , and commend him for it : So if he doe amisse , we must not make it worse then it is . But the world is farre too blame herein : for they can extoll their owne well-doing , and twentie waies excuse their euill doing : but as for other men , they can debase their well doing , and aduance their euill doing ; nay it is a common thing , to make a badde man worse then he is , and to speake of an euill action , and of mens faults worse then they are ; yea to speake worse , euen of ill men then they deserue . But it is flat Iniustice , not onely to speake euill of that that is good , but euen to make an euill thing worse then it is . Many cases there are , wherein a man is bound , to make the best he can , of a bad action : but to make it worse then it is , there is no case , wherein a man may doe it , without plaine iniurie to his brother . If any man replie , and say , I am not to spare my selfe , nor excuse my owne faults , but to iudge as hardly of my owne sayings and doings , as they deserue , why then should I not also doe so to another ? The answer is readie . Because a man knoweth not another man , so well as himselfe . Words and deedes are knowne to other men , but a mans heart is knowne to himselfe alone : therefore for thy owne sayings and doings , thou art also able to iudge of thine owne heart , and of thy purpose and intent in so speaking and doing : but of another mā , thou canst say he spake or did thus or thus : but his heart , his purpose , & intēt in so doing , thou canst not iudge : & therefore thou maist not iudge so sharpely of another mans sayings and doings , as of thine owne . To make an ende of this point : in the performance of this dutie , two cautions must be remembred : first , that we speake not of continued courses , in doing or speaking euill , but of particular speeches and actions : for not an action or a speech , but the course of life shewes what a man is : one euill speach or action may be excused , but a continued course in doing or speaking euill , may be by no meanes coloured or excused . Secondly , we speake not of manifest & publike enormities , as of treasons against the Prince or state : for therein it may be dangerous to the Prince , and hurtfull to the state , to haue any thing coloured , concealed , or excused . In such cases , we must set aside our dutie to our brother , and remember our dutie to the head and whole bodie : and better it is , that one member be cut off , then that the whole bodie perish : but we speake of priuate euill words or deeds , the euill and hurt whereof redoundeth to priuate men . And in them we speake not of manifest , grosse , and palpable crimes , wherein not only the action is plainely euill , but the intent also : for to excuse or conceale , or to extenuate such , is to make our selues accessarie to the euill of them . But we speake of doubtfull words or deeds , wherein either the action it selfe , or at the least , the intent of it , may receiue a likely excuse , and a probable interpretation of good . And vnto these two cautions , adde thus much further , that the practise of this dutie , for the most part ceaseth , when the Minister is to worke vpon the conscience of an impenitent or a presumptuous sinner : for then he is not to moderate or mitigate , to colour or excuse , to lessen or extenuate his sinnes , but to speake of sinne as it deserues , and to lay out his sinnes in their owne colours , that so he may humble him , and cast him downe . But out of these three cases , this dutie lieth vpon all men , at all times to interpret euery thing in the better part . So then the conclusion of this second dutie is this : Actions apparently good , are to be commended , doubtfull are to be construed in the best sense , apparently euill are to be made no worse then they are , but rather to be excused , and let a man alwaies rather speake too well , then too euill of another man , & rather speake better , then worse then be deserues and rather iudge too mildlie and mercifully then too sharply : for if a man be deceaued either waie , that is the safer waie wherein to be deceiued : Thus to do , is to performe that Christian equitie which is here commanded , and to maintaine peace which is the comfort of a Christian life . And thus much of the 2. dutie . The third dutie and degree of Priuate Equitie is , In sundry cases to depart from a mans owne right : that is to yeild oftentimes in such things , wherein by lawe he might stand ; and oftentimes to forgoe such things , which by law he might require . Without this Equitie , Iustice and peace cannot stand . Christ our sauiour , gaue a notable example hereof in paying toll : Math. 17. 27. Christ needed not to haue done it , nor could any lawe haue compelled him to it , yet because he would not trouble the publick peace , nor giue them occasion of contention , he yeilds from his right and paies them toll : al Christian men must learne by his example , not to stand alwaies vpon their right , if they will continue peace in the Church of God. It is not sufficient in Christianitie , nay it is a very wicked speach , which we often heare men speake . It is my right and therefore I will not loose it : so might Christ haue said , and if you looke the place , you shall find , that he first of all argueth the case , and concludes that he is free , and not bound to paie , and yet saith Christ , rather then I will offend them , or giue them cause to thinck worse of me , or my doctrine I will paie it . Euen so must a Christan man , in many cases go from his right , and that for the maintenance of publick peace in the common wealth , and of priuat peace one man with another . For the maintenance of publick peace , thus must men do in Publick Conferences , as in Parlaments and Counsels , and such like generall assemblies ▪ wherein the seuerall opinions of men are to be deliuered , and thus must men doe in bonds , forfeitures , borrowing , lending , loosing , finding , buying , selling , in leases , fines , rents , and all manner of bargaines . And for the maintenance of priuate peace , men must in their most priuate actions , one yeild to another in such things , wherein they might stand , and oftentimes be contented to loose that , ●hat is their owne ; and in conferences must a man oftentimes , suffer himselfe to be crossed and ouerthwarted in that , of which he is most certaine , and to grant that to be , which is not , and that not to be which he knowes to be , if the matter be of small moment , and concerne not religion nor the state : many such things must a Christian man put vp daily , at the hands of his brother , for the maintenance of peace and loue amongst them . This is a doctrine little knowne , and lesse regarded in the world ▪ for its a generall opinion that a man may take his owne , and may lawfully stand vpon his owne right , ( which if it be ment generally in all cases , is most false ) nay this is a commō speach of all men , I demaund but my right , and I will not loose my right , and this is thought a reasonable speach , and he is esteemed a good man , who takes no more then his right : for oftentimes men stand so strictly vpon their right , that they go further then their right reacheth . But this is a very carnall practise , and controlled by the Scripture , and by the example of Christ , as we heard afore . But if any man obiect , that the example of Christ is not to binde vs , because he is the Mediatour , and therefore was to performe extraordinary obedience ? I then answer , that not onely Christ , but other holy men , haue practised this duty , for he payeth toll not only for himselfe , but for Peter also . And there is a notable example of this dutie in Abraham , who when his brother Lot and his sheapheards could not agree , was content to depart from his right : for whereas he beeing the elder , might haue chosen first , he notwithstanding , stands not vpon that , but bids his brother Lot choose whether he will , and he will take what he leaueth . A most equall , Christian , brotherly part of that holy Abraham , whose faith is so much commended in the Scriptures . If we therefore will be called the children of Abraham , then must we be followers of him in his workes , and namely in this , we must oftentimes depart from our owne right . In the practise of this dutie , one caution onely must be remembred , namely , that we must distinguish of anothers right and our owne . In thy owne right thou maiest yeild , but when thou art to deale for another man , thou must not yeild too much , nor be too lauish of another mans right : but this caution holdeth especially , whē the cause is not ours , but Gods , or his churches , for when it is such a trueth , which directly concerneth the honour of God , or the good of his Church , thē must a man take heed he yeild not , without warrant from Gods word . For as it is equitie , often to yeilde thy right , so to yeilde in Gods causes , is to betray the trueth . If therefore thou maiest not giue another mans right frō him , without his cōsent , much lesse maiest thou without warrant from God , yeild any thing at all of his right from him . This dutie therefore is to be performed in actions that concerne our selues , and wherein the losse is not Gods , or his churches , but our own . But it is lamentable to see many men , howe lauish they are in giuing from God , and care not how much they loose of his glorie : but stand most strictly vpon their owne points , and will not yeild one inch , nor loose one foote of their owne right . And from hence come so many suites in law , and other brabling contentions in the world , all which , or many of them , might be staied , if men had but consciēce to practise this Christian Equitie , to yeild one to another , in matters of their owne , and of small moment : & it is certaine , that if men in the world were not perswaded , some by religion and conscience , some by naturall reason , and pollicie , to practise this dutie , it were not possible for the societie of men long to continue vpon the earth . So much for the third degree . The fourth and last degree of Priuate Equitie , is to forbeare and to forgiue wrongs and iniuries done vnto vs in word or deed . The scripture is plaine for this , and so is naturall reason , which teacheth , that euery one that beares the name of a man , should forgiue another , because he beeing a man , may deserue and stand in neede of the same himselfe , and therefore is to doe as he would be done vnto : But especially a Christian man , who lookes for forgiuenesse at Gods hand , for his owne sinnes , must needs forgiue his brother . So that to a Christian man , there is a double bond or reason , to tie him to this dutie . One is , as he is a man , therefore must he forgiue him that offends him , that so another man may also forgiue him , when he offendeth . For there is none , but beeing a man , and liuing amongest men , he must needs offend . Another more forcible reason is , as he is Christian , therefore must he forgiue , because else , how can he in reason demaund or praie for forgiuenesse at Gods hand for many thousand offences of his owne , and those exceeding great , when another man cannot obtaine forgiuenesse at his hands , for a fewe small offences . This dutie is of greater necessitie then all the former : for vpon the practise of this , depends the preseruation of peace : but where this is not practised , there is no religion , no conscience , nor saluation : for where there is no forgiuing of another man , that man is not forgiuen at Gods hands . And he whose sinnes are not in Christ forgiuen , and taken away , that man is in the state of damnation , and till he be forgiuen , he can neuer be saued : but he can neuer be forgiuen , till he forgiue his brother : and so it is plaine , that euen saluation it selfe , in some sort , depends vpon the practise of this dutie , yet not as a cause , but as a signe , or an effect of saluation . For this is not true , that euery one who forgiues is forgiuen of God , but this is true , that whosoeuer is forgiuen of God , will forgiue his brother . So then , neither in reason , nor in religion , can a man looke for forgiuenesse himselfe , vnlesse he make conscience to forgiue another . Yea God hath made euery man a Iudge in this case , to condemne himselfe , if he doe it not , when he praieth euery day , that God would forgiue him euen so , as he doth forgiue others . Yet in this dutie of forgiuing outward iniuries , two cautions are to be remembred ● . That there is a time , when a man is not to forbeare and suffer , but may stand vpon his guard , and defend himselfe from the iniurie : and that is , when his life is indangered , as when a man is assaulted by a theife , or by his deadly enemie , who seekes his life , and can haue no helpe , he is in that case to helpe himselfe , when he must either kill or be killed , then reason and religion biddes him defend himselfe : & being in that case , that a man cannot haue the Magistrates helpe , that beares the sword for his defence , Gods puts for that time the sword , into a mans owne hand , and makes him a Magistrate for that time , and occasion . For in cases of such extremitie , god allowes euery man to be a Magistrate , not onely to defend himselfe , but euen to kill his enemie , if it be impossible , any way els to saue his owne life : and this defence of a mans selfe , hinders not the dutie of forgiuing , for so farre must a man forbeare and forgiue , that he be sure to defend his owne life . In the second place , though a man forgiue the Iniurie and wrong done vnto him , yet may he safely in some cases , goe to lawe for recompence of that wrong . It is a deuilish opinion in the world , that a man cannot goe to lawe , and be in charitie : we must knowe , that a man may goe to law , & yet be in charitie : for to forgiue the malice , and to sue for recompence are things indifferent ; It is not so much charitie , to forbeare the recompence , as it is to forgiue the malice . If therefore a man forgiue not the malice , he is out of charitie , but he may sue for satisfaction , and be in charitie . The scripture forbids not mens going to lawe , but tels them how they should doe it : lawe is not euill , though contentious men , and vnconscionable lawyers , haue vilely abused it : but it Gods ordinance , and may lawefully be vsed , so it be on this manner . First , it must not be for euery trifle , euery trespas , euery ill worde ; but in these cases , a man is both to forgiue the malice , and to remit the recompence , because he is little or nothing at all hurt by it . For example , A poore man steales a little meat from thee in his hunger , let the law take hould on him , but pursue thou him no more for it , then by the law thou needs must ▪ Againe thy neighbours cattell doth trespasse thee , thou must not go to lawe for it , the malice be it more or lesse , thou must forgiue in Christianitie & for conscience sake , and the damage is so small , as that therefore thou maist not go to lawe for it . For the law is abused , in beeing executed vpon trifles , and those lawyers shame themselues , and dishonour their profession , who are willing that euery trespasse of sixpence damages be an accion in the law ▪ this is one of the causes of the base and vile names , that are giuen to the lawe and lawyers in these daies , because the law is imployed vpon sueh trifles . And it is to be wished , that the supreme Magistrate would take order to restrain this generall euil : that contentious men & vnconscionable lawyers might not conspire together , to pester the law with these trifles : and though men be so vnconscionable , as to run to the law for euery trespasse , yet should lawyers be so conscionable and so wise , as they should driue them from the law againe . Thirdly , thy neighbour giues the ill woords , raiseth or carrieth euill tales of thee : Equitie is , not to go to law for euery euill woord , but to consider that for the malice , thou art to forgiue it , and for the damage it cannot be great , because many mens tongues are no slander , neither art thou any thing worse for it , especially when he dare not stand to that he hath said , as for the most part they do not . The second caution in going to law , is that it must not be the first but the last meanes of peace . Law is a kind of warr , as therefore warr is to be the last meanes of publick peace , so should the law be the last meanes to be vsed , for the attaining of priuat peace . All meanes must be tried , ere thou goe to lawe , and if none will serue , then is the law ordained for thee , whereby to recouer thy right and to maintaine equitie , for as to go to law for a trifle , or at the first , is extremitie , and so Iniury : so to go to the lawe , for a cause sufficient , and after other meanes vsed in vaine , is Iustice and equitie , and no extremitie . Here therefore let all Christians learne , how to go to law ; and the rather I do vrge this point , because the law is notoriously abused : and it is almost incredible , what infinit sommes and masses of money , are daily spent in it most vnnecessarily : insomuch as the lawyers do exceed in welth , any other sort or calling for men in this whole realme . For reformation whereof , let men but learne , and practise the two former rules : 1. lawe is not ordained to be a Iudge of euery trifle : It is a shame to our lawe that men be suffered in the common wealth to arreast each other for debts of small value , so as tenne times , and otherwhiles twenty times as much is spent , for the recouery of them as the principal is . Are not we a Christian commonwealth ? why then haue we not the wisdome to appoint another , an easier , and a directer waie for the recouery of such debts , and if there be no other way , why doth not a Christian man stay for it , or loose it rather then goe to law for it ? It is a shame for our nation , that there should be at one Assises ouer England , so many hundreth actions of trespasses , wherein the dammage is little or nothing . To reforme these is a worke worthie of a Prince , and euery man should put to his helping-hand to it . Secondly , let law be thy last remedie . This rule controlls another foule misorder in our land . Men are sued , when they would gladly compound : when they would willingly satisfie by priuate order , they are compelled to answer by law . And yet there is a worse thing then this : the law which should be the last , is not onely made the first meanes , but whereas it should be open and publike , it is vsed as a close & secret meanes : it steales vpon men ( as the phrase is . ) For men are sued afore they know , and great charges come vpon them , ere they are told of it , by them that sue them . Is this equitie ? yea is it not rather extremitie ? And yet ( alas ) how commō is it in most places . Let therefore euery Christian man , remember his lesson here taught by the Apostle , Let your equitie be knowne to all men . But it seemes then , will some say , that men may not goe to lawe . I answer , thou maiest goe to lawe , though not for trifles , yet for things of waight , as for the pursuit of a notorious theife , to his due and iust triall : for the title of thy lands : for the recouerie of thy iust and due debts of value : and of thy childs portion : for the making straight of great accounts , for the triall of thy good name , when thou art so slaundered , and by such , as that thy credit is publikely indangered : for these and such like causes , thou maiest goe to law , whē by other more easie meanes , thou canst not procure a reasonable satisfaction . For then it is vnlawfull to sue for the greatest cause in the world . The trueth of all this doctrine doeth Paul teach the Corinths , whome he reprooueth of three faults . 1. that they went to lawe before heathē Iudges . 2. for euery cause . 3. they vsed no priuate meanes of satisfaction , but ranne to the lawe at the first . The first of these cannot be our sinne , for we haue no heathen Iudges , in as much as our state and gouernment , by the mercie of God is not heathenish , but we haue a Christian commonwealth . But the other two are the generall sores of this land ; let vs therefore labour to heale them and to couer our shame : let vs remember that not Extremitie but Equitie becomes a christian ; and let euery man take heed of this , as he would be knowne to be a Christian : for the knowne badge of Christianitie is mercifullnes : the more mercifull the better Christian. For he hath tasted deeper of Gods mercies to himselfe , and therefore he is mercifull to his brother , and the worse Christian , the lesse mercifull , for he neuer felt Gods mercies to himselfe , therefore he cannot be mercifull to his brother . Now to go to law for euery trifle , or to steale lawe vpon thy brother , or to sue him before thou offer him peace , it argueth a hard hart and vnmerciful , and farr from this dutie of forgiuing : but to be loath to go to lawe , and to put it of as long as may be , and first to giue warning , and to offer peace , and not to doe it , but in matters of weight , it argueth a mercifull heart , and such a one as is readie to forgiue , and such a one in whome the spirit of God doth dwell . And thus I hope I haue opened this dutie of forgiuing , and forbearing , in such sort ; as a Christian may see how to practise it , with comfort to his conscience , also without any great losse in this world , or hurt to his estate . And thus much for the foure seuerall duduties and degrees of Priuate Equitie . Now hauing opened the nature & kinds of Christian Equitie , let vs proceede further in the text . Let your Equitie ( saith the Apostle ) be knowne to all men . The words import ; that it is our dutie , not onely to knowe this vertue and the nature of it , and to be able to talke of it , but in all our affaires publike and priuate , and in all our dealings with men , so to put it in practise , that men may see it , and that it may be knowne to other men : and that they may be able to auouch for vs ; that our dealing is vpright , equall , and indifferent , ioyned with equitie and moderation , and free from extremitie and oppression : this is the meaning of that which we are here cōmanded by the Apostle . And the reason why the Apostle vrgeth vs to make it known , is , because there is a priuie hypocrisie in our natures , whereby we are giuen to make shew of more then is in vs. Against which vice we doe truely labour , when we labour to make our vertues manifest and knowne to the world , that so the tree may be knowne by his fruites : he is a holy and religious man , not who knoweth , and can talke well , but he whose religion and holinesse is knowne in the world , and seene of men : he is a mercifull man , of whose mercie men doe taste : So he is an equal & vpright mā , whose Equitie is felt , & found by thē who deale with him . Let therefore our actions with men , testifie the vertues of our heart , that mē who liue with vs , and deale with vs , may be able to say for vs , that we are possessed with those vertues ; for this is to be truly good , not when a man can speake well , or tell of his owne goodnes , but when other men see it , feele it , and speake of it . Hitherto of the meaning of the words . Nowe that which was Pauls exhortation to the Philippians , shall be mine to all true Christians : Let your equitie be knowne to all men . You haue learned what it is , and howe it is to be practised : it nowe remaines , that we content not our selues , with the bare knowledge , but take notice of it , as of a doctrine belonging to vs , and put it in practise all our dealings , publike and priuate , yea and make it manifest to the consciences of all men ▪ good and bad : so that euery man , with whome we deale , may taste and feele of our equitie , and be able to testifie of vs , that equitie beares rule in all our actions : thus if we doe , we are Christians not in name , and profession onely , but in deed and truth . And to perswade vs all to this holy duty , let vs vse some fewe reasons to inforce it : and amongst all the reasons that might be brought , there is none better , then this here vsed in the text ( The Lord is at hand . ) But before we come to speake of it , let vs consider of one other , which doth most naturally enforce this exhortation : and it is this . God sheweth most admirable Equitie and moderation towards vs , therefore ought we to shew it , one towards another : It is the reason of the holy Ghost , Be yee mercifull , as your heauenly father is mercifull . Wonderfull is the moderation , that God sheweth to man , & it appears especially in foure things , whereof two belong to all men , and the other two concerne his Church . The first Action of God , wherein he sheweth great moderation towards all men , is this . A lawe was giuen to our first parents , Eate not of this tree , if you doe , you die for it : and that a double death , both of body and soule . But they ate and so brake the lawe , and thereby did vndergoe the penaltie annexed ▪ by force and vertue whereof , they should haue died presently , the death both of bodie and soule , and this had beene no Extremitie but Iustice , for this was due vnto them by the Iustice of that lawe , which was giuen them . But nowe , behold Gods Equitie , and moderation of the Iustice of that lawe , he strooke them not presently , as the tenour of the lawe , and their desert required , neither with the first nor second death , but deferres the full execution , laying vpon them ( for the present ) a lesse punishment , namely a subiection to the first death , and a guiltinesse of the second , that is , of damnation . Beholde a marueilous mitigation : by the tenour of that law , their bodies and soules should both haue presently died , and beene cast into hell , but God in mercie suspends and deferres the execution of it , and onely strikes Adams body with mortalitie , whereby he was subiect to the first death , and his soule with guiltinesse , whereby he was subiect to the second death : by which mitigation it came to passe , that as Adam by his repentance , afterward quite escaped the second death , so he tasted not of the first death till nine hundred yeares after . If a prisoner counts it a mercifull fauour of the Prince , or the Iudge , when after his iudgement to die , he is repriued but one yeare , then what a mercifull mitigation was this in God , to repriue our first parents for so many hundred yeares ? This was the first action of Gods mercie to man , and this concernes all mankinde generally , but especially Adam and Eve. But the second doeth more neerely concerne all men . So soone as man commits any sinne , euen then is he guiltie of eternall damnation , because he hath broken the law : for the curse of the lawe , is not onely a guiltinesse , but a subiection to the wrath of god , presently to be inflicted vpon the sinne committed , without any intermission : so that so oft as a man sinneth , so oft doth he deserue to be plunged soule and body into hel , without beeing spared one houre . If therefore the Lord did cast ten thousand into hell in one houre , he did but Iustice , for so the lawe requireth : but see the mercifull moderation of the Lord : thogh we deserue euery houre to be cast into hell , yet is euery houre and minute of our liues , full of the mercie and moderation of the Lord : so as though our sinnes crie for damnation presently , yet God staieth his hand , and doeth not execute the sentence of damnation vpon the sinner , instantly after his sinne , no not in one of ten thousand , but spareth euery man many yeares , some more , some lesse , but all more then their sinnes deserue , or the lawe requireth . We often reade , and alwaies finde , that God heares the crie of sinners : but we seldome reade , that God heares the crie of sinne , for if he alwaies heard it , when sin cries for vengeance to him , he should turne vs all into hell in one houre : this is a wonderfull patience and moderation in God , and yet behold a greater . For whereas we by our sinnes , doe euery houre plunge our selues into hell , as a man that violently castes himselfe into a gaping gulfe : see Gods wonderfull mercie , we thrust our selues in , and he puts vs backe : he staieth vs with his own hand , and so keepes vs out . See what a sea of mercies the Lord doth power vpon man : for how can that but be an infinite sea of mercies , which is shewed to so many thousands of men , so many thousand times in one houre . If his mercie did not moderate the extremitie of his lawe , there should not be one man left vpon earth , but all in one houre cast into hell : but God staieth his Iustice , and staieth his lawe , yea stayeth vs , who our selues would execute the law vpon our selues and so cast our selues into hell , hee keepes vs out and giues vnto vs a longer time to repent . And this is true in all men : to some , he giues longer , to some shorter , but to euery one some , where as the law giues not one houre to any man , nay the law is so far from giuing time torepent , that it admits no repentance at all , no though a man should sinne but once , and instantly after that one sinne , humble himselfe in repentāce and craue fogiuenes , the law will not accept him to fauour , nor yeild forgiuenes , nor allowe his repentance : for the law can do nothing but this : either iustifie and reward him that fulfills it , or condemne and punish him that breakes it , further then this the law by it selfe goeth not . It is the gospell which commandeth vs , & teacheth vs to beleeue and repent ; and to the Gospell are we beholding for accepting our repentance , which the law would neuer doe : which indeede is so farre from accepting repentance , as it neuer intendeth nor aimeth at repentance directly in it selfe : and therefore in it selfe , it is worthily called the ministerie of condemnation . So then behold a most straight law , and a most mercifull God : so straight a law , as ( if that mercy were not ) it would neuer giue vs one houre to repent in , nor receiue vs to fauour though we repented presently , but presently vpon our sinne cast vs into hell . O therefore tast and see how good and gratious the Lord is : the law cannot haue his extremitie , nor the deuill his will vpon vs , who is the Iayler of the law ; and is malitious , though the law be iust : and so by the extremitie of the Iustice of the one , & the extremitie of the mallice of the other , no man should liue one houre in the world , were it not for the wonderfull mercie and mittigation of God , who contrary to the course of the law , both accepteth men when they repent , and giues also time to repent , and thus hath God done , as in the beginning with Adam , so in all ages : To the old world , after many preachers sent , and many hundred yeares patience , and many thousands of sinnes ripe for vengeance , yet God giues 120. yeares more : O how many millions of sinnes did they commit against him in that time ? and yet had they repented at the last , they had beene saued , but all was in vaine , and therefore in the end God sent a flood , and swept them all away . Euen so , and more patiently hath God suffered vs , in these latter daies . But how comes it to passe then , will some say , that we haue not a flood as well as they ? Surely because his mercie was great to them , but wonderfull to vs , we are as euill as they , yea if we iudge aright , and consider duely all circumstances , our sinnes are farre more , yea farre more hainous then theirs were : so that we deserue a flood tenne times more then they did , and if God dealt but iustly with vs , where he brought one vpon them , he should bring and hundred on vs : and if Iustice bare the sway , she should vs sweepe away , one generation after another , with a continuall flood . But marke the moderation of God , more to vs then to them , who deserue worse then they . He gaue vs not an hundred and twentie , but many hundreth yeares , and brings no floods of Iudgements , but spares vs from yeare to yeare , and from age to age , that so we may either repent and escape hell : or when our time is come , drowne our selues in damnation , and so be the principall cause of our owne destruction . It may not vnfitly be noted in this place , that sometime God may be said to cast a mā into hell , and sometime man himselfe . God throwes a man into hell , when for some monstrous and contagious sinne , he takes away a wicked man in the midst of his wickednesse , by some suddaine Iudgement , and so sends him to hel . But a man plungeth himselfe into hell , when God giues him leaue to liue , and libertie and time to repent , but he continueth carelesly in his sinnes till he die , and so casteth himselfe violently into damnation . Nowe such is the mercifull moderation of God , that for one man whome he casts into hell ( as he did Iudas presently vpon his sinne ) a hundred wicked men cast themselues into hell , abusing that time and libertie , which he gaue them to repent in , and so bringing vpon themselues swift damnation . Let euery man therefore euery day of his life , when he considereth the thousands of sinnes that are committed that day , and seeth no flood of water , fire nor brimstone to come vpon vs , let him wonder at gods mercie , and say with the Prophet , It is the Lords mercie that we are not consumed . Furthermore , this moderation of God to all men , hath another branch . Euery mans ill conscience is to him like the fire of hell , and doubtlesse the torment of conscience , is a part of the very reall torment of hell : now if euery man had but Iustice , he should feele presently after euery sinne , the very torment of hell , namely the sting and torment of a guiltie accusing conscience : but see the mercie & moderation of God , he inflicts it not presently , but onely giues the sinner a pricke , or a little pang ( as it were ) when he hath sinned , but the raging furie of the conscience , ( which is the greatest hell that is vpon earth ) he deferres till the houre of death , or the day of Iudgement . When therefore thou hast done euill , and feelest a pricke in thy conscience , and a cheeke , but no more , remember that euen then , if God did not moderate his Iustice , thou shouldest feele the extreame horrour of thy conscience , which would ouerwhelm thee as a burden , which is to heauie for thee to beare . Thus then we see the marueilous mercy of God : wicked men are his sworne enemies , for sinne is that which offends him aboue all things in the world , yet so great is his mercy , and so large is his moderation , that euen his enemies tast of it euery day and houre . Thus much of Gods Equitie and moderation to all men . Now secondly , this moderate & mild dealing of the Lord , is more speciall to his Church and children : and that also shewes it selfe in two actiōs . First of al , Iustice requireth that euery mā should pay his debt : & cōmon reason tells vs , that words & promises cannot passe for paiment , but due debt must be satisfied . Now euery Christian man is in a great debt to God : that debt is obedience to his lawe , for Christ came to saue vs from the rigour of the lawe , not to free vs from obedience to it : but how doe we pay that debt ? euen as he doth , who oweth ten thousand pounds , and craueth to pay it by a penny a yeare , for so we owing perfect obedience in thought , word , and deed , and also puritie of nature , the root of all : we ( I meane the best & holiest mē of all ) haue nothing to tēder to God , but a fewe good desires and grones of the heart , and a seely poore endeauour : all which is vnto that which the law requireth , like vnto one penny to ten thousand pound . Yet behold the mercie of God and his compassion to his children : these our desires , and that our indeauour comming from the truth of our hearts , doth he accept for perfect payment , and that man who hath an heart fearing God , and a care and desire to please god in all things , and in his place and calling endeuoureth it accordingly , is the man , whome God loues , and embraceth in the armes of his mercie , though he be far frō that , which in debt and dutie he oweth to God. Thus doth God testifie of himselfe in Malachie : I will spare you , euen as a father spareth his owne sonne that serueth him . Now wee knowe there is no sparing , nor forbearance like vnto that . A father bids his little sonne do this or that , which is farre aboue his strength , the child not cōsidering the difficultie , but looking only at his dutie , and desiring not only to please his father , goeth about it , and doth his best , and yet when all is done , he can do nothing to it at all : now the father reioyceth in this willing obedience of his sonne , and approoueth in his child the will and indeauour , though he cannot doe the thing he bids him . Euen so doeth the Lord spare his children ; he commaundeth vs to keepe his lawe , and it is no more then out dutie , which notwithstanding of our selues we can doe no more , then a little child is able to carrie a milstone : yet if we willingly goe , when God commaunds vs , and doe our indeauour , and all we can , and grone vnder the burden , and desire to doe more , this our desire and indeauour , proceeding from faith , & from a son-like willingnesse , doth the Lord accept for the perfect deede . This is no small moderation , but great and wonderfull : For whereas we owe perfect obedience , and he might iustly challenge it , and for want of it , make vs pay it with soule and all , he is is cōtent to take a will , a desire and indeauour , which is all we can , and is in effect nothing at all . In this world , that man would be extolled for his mercie , who will take of his debter a penny a weeke , who oweth him 100. pound : or that takes all he can pay , and accepts his good minde for the rest : Oh then howe mercifull is our God , who for so great offences , and so huge a debt , as ours is to his Maiestie , is content to accept of our indeauour , and heartie desire ? the heart & tongue of man cannot sufficiently magnifie so great a mercie . Thus much for the first . Againe the mercie and moderation of God towards his children appeares thus . There is not the best man , but he sinneth , & there is not a sinne so little , but in Iustice it deserueth a whole world of punishments , yea all those curses denounced in the lawe , euen all those plagues threatned , Deut. 28. all which in Iustice should ouerwhelme him , presse him downe , & crush him to nothing . But behould the mercifull moderation of God , he is content to lay no more crosses on his children , then by his owne grace , ( which he also giues them ) they shall be able to vndergoe , and in the end to ouercome also . When his children sinne , ( as when do they not ? ) doth he punish them according to the proportion of their sinne ? no : for then all the curses of his lawe should be heaped on them for one sinn ; and if he did so , he did but Iustice : nay he deales so with them , as it is not to be called a punishment at all , but rather a chastisement : for a punishment must be in some sort , proportionable to the offence , but that which he laieth on his children , is nothing at all to their sinne : and therfore it is no punishment properly , but ( as it were ) the chastisement or correction of a father , to teach his sonne his dutie , and to reforme him , and bring him home from his euill waies : and therefore not in the rigour of a Iudge , but in the loue and wisdome of a father , he first considereth , what we are able to beare : and then laieth no more on vs , then we may well beare : and which is most wonderfull of all , he giues vs strength to beare them . To this ende speakes the Apostle to the Corinthians , 1. Cor. 10. There hath no temptation taken you , but that which befalls the nature of man. Wherby he imports thus much , that there are temptations , and crosses in Gods Iustice due for sinne , and which he hath in store , readie at his pleasure , which are so great , so heauie , and so fearefull , as the nature of man could not possibly beare them , but should sinke vnder them , and perish , as did Cain and Iudas , and such like . Amongst these an euill conscience is one , which is so intollerable , as the wise man saith , Prou. 14. 18. A wounded spirit , who can beare it ? But the crosses he laieth on his children , are alwaies such , as they beare with comfort for a time , and at last with ioy doe ouercome them . A notable example hereof we haue in Salomon , of whome God saith to Dauid , If he sinne , I will chastise him with the rod of men : as if he shold haue said , I could in my iustice , for Salomons great sinnes , beate him with scorpions , and bring him to nothing , by my heauie hand , but I will consider , he is my child , and but a man : therefore will I lay vpon him no more , then the nature of man is able to beare . As God dealt with his sonne Salomon , so this is Gods voice to all his sonnes : vnto all my Church and Children , will I vse such lenitie and moderation , and in my chastising of them , I will so abate the rigour of my Iustice , that by my hand and rodde , they shall not be pressed downe , but rather raised vp in new obedience , and learne thereby to feare and loue me more then before . This should euery Christian man seriously consider of , and thinke with himselfe , how much this bindes a man to deale moderately with his brother , when the Lord deales so moderately with him . Thou sinnest , & God chastiseth thee most mildly , and laieth not on thee the thousād part of these crosses , which in Iustice he might doe . Shall the Lord deale thus moderately with thee , for thy many ▪ and so great sinnes , and wilt thou deale so hardly with thy brother , in his fewe and small offences against thee ? remember therefore in thy dealing with thy brother , this dealing of God with thee , and certainely thou canst not forget the one , if thou hast tasted of the other . Shew thy selfe therefore , that thou hast beene partaker of Gods fauour , and that thou hast felt in thy soule , the sweetnesse of his mercies , by beeing milde & mercifull to thy brethren : out of that great sea of mercies , which God lets flowe ouer thee all thy life long , let fall some droppes of mercie on thy brother , and remembring how God deales with thee , deale not thou with thy brother alwaies so hardly , nor so straitly , as thou maiest , or he deserues . Let these foure mercifull actions of god towards thee , be foure strong bonds , to tie thee to the obedience of this dutie , to be milde and mercifull to thy brethren , remembring euery day , how moderately God deales with thee , and howe farre from that extremitie , which thou deseruest . And to mooue vs hereunto , let euery man be well assured , that the more he hath tasted of Gods mercie , the more shall men taste of his mercie ; and the more sinnes that a man hath forgiuen him at gods hands , the more will he remit and forgiue in his brother ; and the more he feeles in his owne soule Gods loue and mercie to him , and the more neere he is to God by his faith and repentance , the more carefull will he be , to deale gently with his brethren : and the reasons hereof are these . First , God forgiueth not a man his faults but vpon condition , that he shall forgiue his brother , God is not mercifull to a man , but vpon cōdition he shall be so to all men with whome he deales . Secondly , the mercie of God to vs , in forgiuing our sinnes , is not made knowne to the world by any meanes more , then this , when a man is not hard and extreame , but equall and mercifull in his dealing with men . Whereupon therefore it followeth , that the further a man is from God , and the lesse that he hath felt of Gods loue to him , the lesse moderation will he performe to his brother . Let euery man then be ashamed , by these his extreame courses with his brethren , to make it known to the world , that he is an Impenitent sinner , himselfe vnreconciled to God , and his sinnes vnpardoned : and let no man thinke he shall escape that censure , if he be an vnmercifull man ; for certainely it is imprinted in mens dealings , whether they be in Gods fauour , and their sinnes are pardoned , or no. Let therefore euery man , when his owne crooked nature , or the deuill makes him boyle against his brother in anger , and vrgeth him to vse him hardly and extreamely , consider with himselfe , and say ; I liue vnder God , I am more in Gods hand , then this man in mine : I haue offended God more , then he me : and if I had my desert , I had now beene in hell for my sinnes : but yet I liue , and by his mercie I am spared , and am here still . But hath God spared me , that I should pinch others ? hath he beene mercifull to me , that I should be cruell to others ? surely therefore I will be mercifull and moderate to my brethren , more then they deserue , least God take his mercy from me : and then what shall become of me , but to be throwne suddainly into hell , which I deserued long agoe : nay I will by my equitie and moderation towards my brethren , mooue the Lord to be still more mercifull to me , without which his mercie , I cannot liue one day in the world . Hitherto of the Exhortation of the Apostle , and of the great moderation of God to man. Now followeth the Apostles reason , The Lord is at hand . These wordes beare two senses , or meanings . The first , of the last iudgement : the second , of Gods presence . The first , is thus framed , if the holy Ghost meant of the last iudgement : Be you equall and moderate one towardes an other , for God is readie in his great and generall iudgment , to iudge all men , and then happie is he that findes not Iustice , but tasts of mercie : and who shall tast of mercie then , but he that shewed mercie in this world ? But if secondly , the holy Ghost meant of Gods presence , then is the argument framed thus : God is present with euery man , and at euery action , to testifie and iudge of it , and either to approoue it and reward it , if it be vpright , equall , and mercifull : or to correct and punish it , if it be extreame , and void of equitie : therefore let your equitie be knovvne to all men . Both senses are good , but we will cleaue vnto the latter . It is then all one , as if the holy Ghost had said ; Vse equitie and moderation in your dealings , and remember who is at your elbow , stands by and lookes on , readie to iudge you for it . Surely there can be no better reason then this , if it be setled in a mans heart : for a theefe , or a cut-purse , if he saw the Iudge stād at his elbow , and looked vpon him , he would not doe euill , he would stay his hand , euen because he seeth that the Iudge seeth him , who can presently hang him . A strong reason with men , and it keepes euen bad men from leud practises . Consider therefore when the Iudge of Iudges , the Lord of heauen and earth , stands by and seeth , and markes all thy actions , whether they be towards thy brother , as his is towards thee . This ought to make the greatest man on earth , feare how he deales cruelly or hardly with his brother . But worldly men will not be perswaded of this , but when they are laying their plots to deceiue their brother , and when by iniustice , and extremitie , they pinch and wring him , they thinke in their hearts , God seeth them not , nor doe they euer thinke of God , but labour that God may be out of all their thoughts . This is the cause of all sinne in the world : for thence is it that mens hearts are hardned , and that they care not how extremely they deale with men , because they thinke God seeth them not , nor wil cal them to account for it , and doe with them as they haue done with their brother . Hence comes all iniustice , crueltie , extremitie , suits in law for trifles , taking forfaitures of leases , and of bonds , and taking all aduantages . Hence comes it , that one man will not spare an other one day , nor forgiue one fault , nor passe by any infirmitie , nor put vp the least iniurie , nor yeelde one inch from his right : but if his brother offend neuer so liule , vpon neuer so apparent weaknes , he shall heare of it on both sides , as they say : and if he deserue ill , he shall haue his deserts to the full . Thus hearts are hardened , affections are immoderate , bowells of compassion are shut vp , loue and pitie are banished , and in their roomes raigne crueltie , and iniustice . Moderation dwells in corners , but extremitie is that , which beares sway ouer all the world : what is the cause of all this ? Surely , first , because men are vnsanctified , and haue not repented of their sinnes , & so they feele not , that God is moderate , and mercifull to them . Secondly , they perswade not themselues , that God seeth them ▪ therefore against this blasphemous thought the roote of all euill , and cause of all sinne , arme thy selfe with this reason of the Apostle , and resolue of it , that this is the eternall trueth of God , and shall stand for euer . The Lord is at hand : and seeth and obserueth thee , & all thy doings . Therefore as thou wilt escape his mightie and fearefull hand , season thy doings and dealings with moderation : and if thou hadst noō cscience , nor no mercie in thee , yet be mercifull , remēbring who seeth thee ; and deale moderately and equally in the sight and presence of so moderate , so milde , and so mercifull a God : so mercifull a rewarder of him that deales moderately , and so powerfull a reuenger of him that deales hardly , and extreamely with his brother . Let vs then ende with the Apostle as we began : Let your Equitie and Moderation be knowne to all men , for God is at hand . And thus much out of Gods word , of Publike and Priuate Equitie : wherein I haue not spoken all I might , but giuen occasion to others , to enter into further consideration thereof . Trin-vni Deo gloria . Notes, typically marginal, from the original text Notes for div A09403-e100 a Fulk . in pr●● in T●st . Rhe●● b Pius Grego●● Sixtus ● Paulus ●ius 4. Pius 5. Gregor Sixtus 5 Vrbanu● Gregor . Innocen Clement 1. King. 18 ▪ 1. Sam. 5. 2 ▪ 〈◊〉 4 , 19. 〈…〉 〈…〉 a Nund ver . 603. b Catho reforma de mort de vita . Prophet Calr . in . 〈…〉