Ε'ΠΙΕΙ'ΚΕΙΑ OR, A TREATISE OF Christian Equity and moderation. Delivered publicly in Lectures by M. W. Perkins, and now published by the consent of his Assigns in Cambridge by a Preacher of the word. Eph. 4. 31. Forgive one another, as God for Christ's sake doth forgive you. PRINTED BY JOHN LEGAT, Printer to the University of Cambridge. 1604. And are to be sold in Paul's Churchyard at the sign of the Crown by Simon 〈◊〉 To the right Honourable the L. Sheffeild, Lord Lieutenant, and L. President. Sir Tho. Heskith, S. john Benet Knights. Charles Hales, R. William, Cuthbert Pepper, john fern, Esquires, and the rest of his majesties Hon. Council, established in the North parts, and under his Highness the highest Patrons of Equity: Grace and peace from jesus Christ. RIght Honourable and W. how famous in all writers the year Eighty eight, and how fatal it was made by all the old and later Coniecturers, is not unknown to any of you: but how the issue answered the expectation, I see not, save only in that notable overthrow of the enemies of god, the Papists: whereupon our reverend a Fulk. in pr●● in T●st. Rhe●● countryman, and Christ's Champion for England, said very well: Octogesimus octavus, mirabilis annus Clade Papistarum, faustus ubique pijs. But if ever year deserve to be famous in English Chronicles, it is this year, I cannot tell whether I should say 1602, or 1603: wherein, whether God's anger was more, in taking from us such a Queen (as for aught I read) the world never had: or his mercy, in giving us such a King, as England never had, I leave it to better heads to be determined. How is the name of our God to be magnified, by whose mercy so great a loss is made no loss, but a gain unto us? for who seeth not, that all her Princely virtues, do not only live in him, but are also in him (being a man) more perfect and accomplished. She is dead, but her Heroical zeal and love to Religion is alive; she bequeathed it with her kingdom to his Highness, who doubtless will make both her Religion, and her Kingdom, to flourish as much more, as a man doth excel a woman. And who knoweth not, that the enemies of our Religion, and our peace, (notwithstanding all their politic dissembled brags to the contrary) do find his Majesty so little for their purpose, that now they would sing a thousand Masses to have her alive again, against whom they thundered out b Pius Grego●● Sixtus ● so many Curses and Excommunications, and after whose blood they so thirsted whilst she lived: what straits are they driven into? who would wish her alive again, at whose hands (though a woman) they never gained, nor got one inch of ground in 44 years; Paulus ●ius 4. Pius 5. Gregor Sixtus 5 Vrbanu● Gregor. Innocen Clement though nine or ten Popes, and 10000 of their slaves, wrestled with her all the while, with all the power, and policy, craft, and treachery, which the Devil could lend them. Nay, her end was as glorious as her beginning, and her last Proclamation against them, was more to their shame, and less to their comfort, than ever any, in her life before: and so far was she, from allowing them a Toleration, of their intolerable religion, in her old, and therefore weakest age, as that it never entered into her royal heart: nor ever thought she it worthy to be made a question, whether it should be or no. No, she halted not betwixt two religions: but to her Baal was Belial: 1. King. 18. & therefore she banished him; and God was the Lord, and therefore she served him. She was resolved that Dagon must down, 1. Sam. 5. 2. if God's Ark stand; or else if Dagon stand, the Ark must away. For both together cannot stand upright. She held that as, when the enemies themselves brought the Ark into Dagons' temple, Dagon fell down: so if the Israelites should have admitted Dagon into God's temple, that the Lord himself would have removed his Ark from them. Blessed was she in her life, & twice blessed in her end: she lost not her first love, 〈◊〉 4, 19 and her works were more at the last, then at the first: and blessed are we that enjoyed her so long: and more blessed, who under her enjoyed such 44 years, as all the books in the world cannot show under a woman: but most blessed of all, in that after such a David, God hath sent us such a Solomon, after such a woman, such a man, after such a Queen, such a King, 〈…〉 who will make an end of many a joab, and many a Shimei, which she could not so well do, and finish that Temple which she so well began: 〈…〉 and who (I doubt not to affirm it) do the Devil, and the crafty Papist, all they can, is the chief Champion of Christ jesus upon the face of the earth. And how happy a year shall this be, if the losses which learning hath sustained be as well recompensed. junius of Leiden, Tossaine of Heilderberg, Perkins of Cambridge, have this year been taken from us, besides many other, of inferior note: happy should those three famous Universities be, if the like were seated in their rooms. Let us leave the first, to the lower, the second to the higher Germany, to praise them, to lament them, and to make supply for them. It is the third who especially concerneth us: what loss the Church of God, and in the Church, England: and in the Church of England, the Ministry: and in the ministery, the Universities: & in the Universities, the younger students have sustained by the untimely death of that Reverend man, I think is not unknown to any of you. For how should he be unknown to any (of any note) in England; whose name and estimation is such in other nations, as that at one a Nund ver. 603. Mart we find, that in one half year, two of b Catho reforma de mort de vita. Prophet his books were translated into Latin, & four were were printed beyond the seas. The best recompense of this loss, is the fruit of his labours, which he hath left behind him, whereof some were written by himself, 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 enjoy. Had not johan. Budaeus, Calr. in. and Carolus jonvillaus done so to Calvin: Vitus Theodorus, joh. Frederus, and justus jonas done so to Luther, many worthy 〈…〉 works of those two great instruments of God had utterly perished: and had not some done so to this worthy man, no doubt many sweet blasts of that silver trumpet of God, had vanished away. For my part, though time be precious unto me otherways, yet think I that time well spent, which I may bestow in preparing to the Press, any thing of his. This discourse of Equity now made ready, as a child borne after his father's death, I present to your Honourable view and patronage. If any ask why I dare tender so small a gift, to so great personages, my only answer is, I make the judges of Equity, the Patrons of Equity. God grant you a long and Honourable state, under our worthy Solomon. Amen. From my study, Sept. 10. 1603. Your Honours, and Worships in the Lord: W. Crashawe. To the Christian Reader whosoever. I Do here present unto thee, (Christian brother) a small discourse of Equity, delivered by that faithful labourer in the harvest of God, Mr. William Perkins, in a few Lectures. The discourse is little, and brief, but the matter is pithy, and the use profitable. Equity and Christian moderation whether public or private, is the true badge of Christianity. Without public Equity, what is the court of justice, but turned into the seat of Iniquity? and without private Equity, what is man's life, human society, neighbourhood, nay friendship, nay kindred, nay marriage itself, but even a potion of poison in a golden cup? Art thou therefore a Magistrate? here is taught thee, how to discharge thy place, in the execution of the laws, as shall neither be unbeseeming the lenity of a Christian, nor the severity of a Magistrate. Art thou a private man? here is taught thee how to carry thyself, in all dealing and bargaining with another: how to demean thyself towards thy wife, thy servant, thy child, thy friend, thy neighbour, in such manner, as if thou hadst all the comforts and contentments of this earth, yet the practice hereof, shall make them all ten times more comfortable: and the want hereof, shall turn all their sweetness into gall and wormwood. When therefore thou readest this little book, and withal, (laying it to thy life) dost find the truth of it in thy course & conversation, then acknowledge the spirit of God in this holy man, (who now sleeps in peace) praise God for him, be wail his loss, and help me and others with thy holy prayers, that we may still go forward in this good work, of publishing these his godly labours: and in delivering out to the church of God these jewels: which the Lord from his mouth, gave us to keep, not for our own, but for the common good. Thy brother in Christ jesus, W. C. Philip. 4. 5. Let your moderation of mind be known to all men: the Lord is at hand. THe Apostle in this chapter, gives sundry exhortations, to many Christian duties. In the first verse, to perseverance in faith and true religion. In the 2. and 3. to mutual concord. In the 4. to a spiritual joy in the Lord. In this 5. verse, he exhorteth to the virtue of Equity, or moderation of mind. Our English translations commonly read it thus. Let your patient mind be known to all men. which though it be truly and well said, yet the words translated have a larger and fuller signification. Therefore according to the nature and force of the words, I rather choose to read it thus: Let your equity or moderation of mind be known etc. The words contain 2. parts. 1. An exhortation, Let your equity be known to all men. 2. An excellent reason to enforce it: the Lord is at hand. The drift and scope of the exhortation is, to persuade the Phillippians, and in them the whole Church, to the practice of Equity. Now this Equity, whereunto the holy Apostle so earnestly exhorteth, is, a worthy christian virtue, so excellent, as the careful practice thereof, is the marrow and strength of a common weal, and where it is, there cannot but be peace, and contentment in all estates: and so necessary: as without the practice of it, no house, family, society, city, commonwealth, kingdom, or Church can stand or continue. Indeed a kingdom may be established by force and arms, by violence and cruelty: but it cannot stand or continue, without this equity, and christian moderation betwixt man and man. Nay civil society, and common dealing betwixt man and man cannot continue, unless one man yield to an other. In a word, there can be no peace in families, no sound nor lasting love, betwixt man & wife, nor any comfortable quietness, where one doth not yield to the other, and one bear with an other in many things. And if it be so in marriage, which is the nearest conjunction, and the most excellent and perfect society, 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 neighbourhood, no true friendship, unless one bear with another, and one towards another do carry himself, in an even and moderate course. Seeing therefore this is so necessary and excellent a virtue, I have purposed to speak of it at large. Let us then examine these two points 1. the nature of it, 2. the kinds of it. For the first; Christian Equity, is a rare and excellent virtue, whereby men use a true mean, and an equal moderation, in all their affairs and dealings with men, for the maintaining of justice and preservation of peace. This I take to be the true description of the general nature of this virtue: and herein, First, I say it is a virtue, which is conversant about practising of a moderation, in all our courses and dealings with men. For we men can use no mean nor moderation with God, but if we do evil, it is all to much, and if we do good, it is all to little: Again, equity and moderation, is to be performed of God towards men, and not of men towards God. For if men deal not equally towards 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 hour, And lastly. where there are no faults, there is no forgiveness: where no infirmities, there needs no moderation: but in God there is no want, no error, no imperfection: but his love, his mercy, and his works of love and mercy towards mankind, and to his Church especially, are most perfect, therefore there needs no moderation, nor forbearance towards God, but towards men, who being flesh and blood, and full of infirmitis, (from which regeneration itself doth not fully free us) do therefore stand in need of this virtue, to be practised amongst them: else their society and fellowship cannot endure. And further, all men in this case are alike, and therefore one hath good cause, to bear with another. The Prince is flesh and blood as well as his subjects: the husband is flesh and blood, as well as the wife is; the Pastor is a man as his people and hearers are. Hence it followeth, that therefore one is subject 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 virtue, is to maintain justice, & to preserve peace; which two are the very sinews and strength, of a Christian kingdom; for where we do not to other men, as we would others should do to us: there is no justice. And where we will not pass by small faults, and forbear infirmities, there can be no peace: such is the excellency of this virtue, as it serves to maintain two other such great and principal virtues, as are even the heart, and the brain of the commonwealth, namely: justice and Peace. But for the more exact, and particular knowledge of the nature of this necessary virtue: let us descend to the particular branches, and kinds of it. Christian Equity therefore, is either public or private. Public equity is that, which is practised in public meetings and assemblies of men, as in Courts of justice, Assizes, Sessions, Counsels, parliaments, and such like. The matter, where about this public equity is conversant: is the right and convenient, and the moderate and discrete execution of the laws of men. Laws of men, made by lawful authority, according to God's law, and for the common good are, and are to be esteemed, bones and sinews to hold together, props and pillars, to uphold the commonwealth, and all societies. God therefore hath given to Kings, and to their lawful deputies: power and authority, not only to command and execute his own laws, commanded in his word: but also to ordain and enact, other good and profitable laws of their own, for the more particular government of their people, and to be helps for the better executing of the laws of God. And also to annex a punishment and penalty, to the said laws: which penalty is to be according to the quality of the fault, greater or less: in so much that they may in many cases, (if the common good so require) inflict even death itself. And further God hath given these gods upon earth, a power as to make these laws, and annex these punishments: so also upon men's defaults and breaches, hath he given them authority to execute the law so made, and to inflict upon the offender, the punishment annexed. Now because this point is of great moment, in a common wealth: and the true knowledge and due practice thereof, is the glory and beauty of a kingdom: therefore for the better direction herein, both of prince and people, magistrate and people governed: let us enter further into the consideration thereof. In the laws of commonwealths, two things are to be considered, the sight whereof will give great light, to know more perfectly, what this public equity is. These are 1. the extremity of the law. 2. the mitigation of the law. Both these, are put into the hand of the Magistrate by God himself, to be ordered according to his discretion, and as the circumstance requireth; and of them in order. The extremity of the law, is, when any law of man, is urged and executed straightly and precisely, according to the literal sense, and strict form of the words, and the exactest meaning, that can be made out of the words, without any manner of relaxation, at that time, when there is good and convenient cause of mitigation, in regard of the person offending. This point cannot well be expressed in sewer words. The principal and most material clause in this description of extremity, is in those words. At that time, when there is just cause of mitigation, in regard of the person offending. For if there be no good cause of mitigation: than it is not called, extremity: but justice of the law: but when there is good cause, why in a Christian consideration of some circumstances, this justice should be mitigated, and yet is not, but chose is extremely urged, and pressed to the furthest: than it is extremity. Now this extremity of the law, is in this case so far from justice, as indeed it is flat injustice. And herein is the proverb true. Summum Ius summa iniuria; that is, the extremity of the law, is extreme injury. And of this doth the holy ghost mean, Eccles. 7. 8. be not over just, that is, press not justice to far, nor urge it to extremely in all cases, lest sometimes you make the name of justice, a cover for cruelty. Now besides this, there is a second thing in the hand of the Magistrate, namely the moderation, relaxation, or mitigation of this extremity: and that is, when the proper form of the words, and the strictest meaning of the law is not urged, and the punishment prescribed in the law, is moderated, or lessened, or deferred, or (it may be) remitted, upon good and sufficient reason; and in such cases, as whereof the law speaks not directly, nor the lawmaker did purposely aim at. The ground of this mitigation is, because no law makers being men, can foresee, or set down, all cases that may fall out. Therefore when the case altereth, then must the discretion of the lawmaker show itself, and do that, which the law cannot do. This mitigation is in the hand of the Magistrate, as well as the extremity: nay it is a part of his duty as well as the former: and he offends as well, that neglects to mitigate the extremity, when just occasion is: as he that neglects to execute the extremity, when there is need. As therefore, he is no way fit to be a judge, who hath no knowledge, or care to execute the law: so he is but half a judge, who can do nothing but urge the law, and the plain words of the law, and is not able also, to mitigate the rigour of of the law, when need so requireth. Therefore every Magistrate, is to practise this with the other, and not to separate those things which God hath joined. But now lest this moderation, and mitigation of man's laws, (which is the practice of public equity) should turn to the maintenance of malefactors, the abolishing of laws, the despising or weakening of authority, (which in these days little needeth) we must therefore now remember this caution. That there must be no mitigation, but honest, profitable, and convenient. If any man ask, when is it so? I answer in three cases. First, when the mitigation stands with the law of nature. Secondly, when it agreeth with the moral law, or any part of the written word. Thirdly, when an inferior law is overruled or countermanded by a higher law. In these three cases, the moderation of men's laws and the mitigation of the punishment due, by the extremity of these laws, is honest and good, and may and aught to be practised. But if it be contrary, and not warranted by some of these: then that mitigation is flat injustice, and a manifest wrong unto the law. That the difference of these two, the extremity and mitigation, may better be discerned, let us consider it in some examples. It is the law of England, and many other countries, that the thief shall die. Now though the word of God, hath not the same punishment in plain terms: yet is the law good and warrantable, as shall appear in the sequel, and I think is doubted of by none. The drift of this law is, to repress that common and general sin of the every, a prevailing sin, as any other, and so far prevailing; as the rigour of good laws is necessarily required, for the repressing of it: so that this law was made, for the cutting off of such rotten members, as do but corrupt others, and of whose amendment there is no hope. Now, suppose a young boy pinched with hunger, cold, and poverty, steals meat, apparel, and other things for relief, being pressed to it by want, and not having knowledge, or grace to use better means: to put this person to death, for this fact, is the extremity of the law, in respect of the circumstances of the person, who did it, being a child: and of the end, for which he did it, to relieve his wants. Now the moderation in this case is, when upon these considerations, that first, he is not an old, nor a practised thief: but young and corrigible; one that being reform, may live long, and prove a good member in the common wealth: and secondly, that his theft was not heinous, but the things he stole were of small value: and thirdly, that he did it not upon a malicious, cruel, and injurious intent, but to relieve his hunger and want. The equity or moderation, I say in this case, is not to inflict death, (for that were extremity) but to determine a punishment, less than death: yet such a one, as shall be sufficient, to reform the party from his sin, to punish the fault, to terrify others, and to satisfy the law. Thus in this example, it appears manifestly what this moderation is, and what is extremity, which is contrary to it: and the same might we see in many more. Now having thus considered these two together, here upon we may see what this public equity is, namely nothing else, but a moderation and mitigation of the extremity of a law, upon honest and convenient reasons, and in such cases, as were not directly intended in the law. The observation and due practice of this equity, is the glory, credit and honour of all public assemblies, as assizes, sessions and all courts of justice, and without the observation of this when need is, all that they do is flat injustice in that case. For they lame and maim the law, they fulfil but the one part of the law: for in every law there are these two things; the extremity in plain terms, and the mitigation implied: and these two together make the law perfect: and the glory of the law, stands as well in practising of mitigation, as in the execution of extremity, nay sometime it stands in the mitigation, and not in the extremity, insomuch as the moderation is then the equity of the law, and the extremity is more injustice. And as this is the glory of the law, so is it the glory of judges and Magistrates, thus to execute the laws, and to temper them with such discretion, as neither too much mitigation, do abolish the law, nor too much extremity leave no place for mitigation. Therefore (to make an end of this point) two sorts of men are here reprovable. First such men, as by a certain foolish kind of pity, are so carried away, that would have nothing but mercy, mercy, and would have all punishments, forfeitures, penalties, either quite taken away, and remitted, or at least lessoned, and moderated, they would also have the extremity of the law executed on no man. This is the high way to abolish laws, and consequently to pull down authority, and so in the end to open a door to all confusion, disorder, and to all licentiousness of life. But I need not to say much herein, for there are but few that offend in this kind, man's nature being generally inclined, rather to cruelty then to mercy: This fault proceedeth either from a weakness of wit, and an effeminateness of mind; and then a man is unfit to be a judge; or else from vain glory, and a base and affected popularity, and such a man is unworthy to be a judge. But in the second place, this doctrine and the very scope of this text, condemns another sort of men, which are more cumbersome; that is to say, such men as have nothing in their mouths, but the law, the law: and justice, justice: in the mean time forgetting, that justice always shakes hands with her sister mercy, and that all laws allow a mitigation. The causes of this evil are two. 1. The general corruption of man's nature, which is always ready, to deal too hardly with other men: as also too mildly with themselves, and partially in their own causes. 2. And secondly, for the most part, such men do gain more by law, then by equity, more by extremity, then by mitigation: as the soldier lives better by war, then by peace; and as the flesh-fly, feeds on the wound, that cannot feed on the sound flesh: so these men gain by law, that which they can never get by equity: for equity and moderation breed unity, and if all men were at unity, what should become of them? but extremity breeds variance: for (in reason) one extremity draws on an other, and so in men's variances they are set on work: and the more the better for them. These men therefore, stick 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 extremity of it,) they care not, though equity were trodden under foot: and that law may reign upon the earth, and they by it: they care not, though mercy take her to her wings, and fly to heaven. These men (for all their goodly shows) are the decayers of our estate, and enemies to all good government. For though they have nothing in their mouths, but justice, justice, and have banished mercy, yet let them know, that justice will not stay where mereie is not. They are sisters, and go always hand in hand: they are the two pillars, that uphold the throne of the Prince: as you cannot hold mercy, where justice is banished, so cannot you keep justice where mercy is exiled: and as mercy without justice, is foolish pity, so justice without mercy, is cruelty. So that as these men have banished mercy, so within a short time, they will send justice after her, and cruelty and oppression will come in their rooms, which are the very overthrow of all estates. These men, when they are made practisers of the law, judges, or Magistrates, are to learn this lesson, which the holy Ghost here teacheth, Let you Equity be known to all men: and let all Magistrates think it their honour, to be counted merciful judges: let them rejoice, as well to show mercy when there is cause, as to execute extremity when there is desert: and let them labour for that Christian wisdom and discretion, whereby they may be able to discern, when mercy and mitigation should take place, and when extremity should be executed. If inferior judges or Magistrates be negligent herein, then must we have recourse to the Prince, the highest judge on earth, and under God the first fountain of justice and mercy: whose care must be, that as justice and mercy (not one of them, but both together) do uphold his throne, and fasten the Crown upon his head: so he likewise see them both maintained, and take order, that in the execution of his own laws, there be always a room as well for mercy and mitigation, as for justice and extremity. This must he do, because his laws cannot be as God's laws are. God's laws are perfect, and absolute, and of such an universal righteousness, as that at all times, and in all places, they are of equal strength, and of the same equity in all cases: and therefore are to be executed without dispensation, relaxation, or any mitigation, which cannot be offered unto them, but with injury and violation. But men's laws, coming from their own wits, are imperfect, and so in all cases, they do not hold the same equity, and therefore must needs be executed with a discreet and wise moderation. This moderation is public equity, and this public Equity, is the scope of this text, and the due practice of it in the execution of man's laws, is the glory of all Christian Commonwealths. Hitherto of the first and principal branch of Public Equity. To proceed further. As this public Equity principally stands, in the moderation of the laws of men; so it descends more specially even to all the public actions of a man's life: so that by the rule and direction of this Equity, thus described, men may know how to guide themselves, in suing bonds, and taking forfeitures: and how men may with good conscience, carry themselves in suretyships, in taking of fines, in letting of leases, and in all manner of mutual bargains, betwixt man and man. By virtue of this, a man may see how to frame all these and such like actions, in such sort, as himself shall reap credit, and gain enough, & his neighbour help 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 together, there are these two things. First, the extremity, that is, that which the law will afford a man in that case: and there is secondly, the moderation of the extremity, upon good and convenient reasons: let us consider of them in some few examples. A man is bound to another, in an hundredth pound, to pay fifty at a day. The same man, not by negligence, but by some necessity, breaks his day, and afterwards brings the principal debt. Now to take the forfeiture, is in this case, extremity: though the law doth yield it. And if a man stand upon this extremity, he deals not honestly and equally, but hardly and extremely with his neighbour: and the law cannot free him in this case, from manifest Injustice. What is then the moderation in this case? Even this, to take thine own and remit the forfeiture: the reason is, because the cause & ground of appointing a forfeiture, was not for advantage, but only for the better security of the principal: which seeing thou hast, thou hast that which the law did intent thee. Again, his breach was not wilful, or with purpose to hurt thee, but against his will. If therefore thou be'st directly damnified by his missing thy day, (without all equivocation) then take thy reasonable damages, out of his forfeiture, if not, then remit the whole forfeiture; and this moderation is public equity. And without this, there can be no buying nor selling, borrowing nor lending, betwixt man & man. See another example. One takes a lease of thee, for years, to pay thee such a rent; & for not payment of that rent, his lease to be void. The poor man misseth his rend day, now what saith the law? his lease is forfeited, but to take this advantage, is the extremity of the law: the moderation is, to remit the same forfeiture, in part, or in whole, as thou shalt see reason in equity and conscience: This moderation is in this ease, Public equity, and without this, there can be no letting of lands, betwixt man and man. So for fines and rents, the law saith, Thou mayest make the most of thine own, if thou stretch this law as far as the very words will bear, then mayest thou make such fines and rents, as may grind the faces of the poor, so as no man shall live under thee: but thus to do is Extremity, and beyond the purpose of the law. The moderation in this case is, not to take all thou mayst get, but so to fine and rend thy lands, as he that takes them, may live of them: The reason of this Mitigation is, because envy and hatred, may often make many men offer more for a farm, than it is worth, to cross and hurt their neighbour, or to get all into their own hand. Here therefore, though the law doth yield thee all that, which a man doth willingly offer, yet must thine own conscience be a law unto thee, to make thee a moderator of that extremity. Let these three examples serve for many. Now in these and all other public dealings betwixt men in the world; a man observes Public equity, when he dealeth not with his neighbour, according to that extremity, which the strict words of the law will bear: but according to that Moderation, which good conscience requireth: & which the law itself in some cases doth admit. By the knowledge of these two, a man that hath any conscience, may see how to carry himself, in all these civil affairs, in an even, upright, and equal course, and warrantable not only by the law of the land, but even by the law and word of God. And I make this distinction of the law of the land, and the word of God, because we are to know this for a rule: That every extremity, which a law in the strictest acception doth afford, is not warrantable to be urged by the word of God: and yet notwithstanding it is good, convenient, and requisite, that the extremity be warranted by the law, because in some cases, it must needs be executed. The laws of men, may ordain and appoint extremities: but the law of God must tell us, when to urge them, and when to moderate them: So then, when a man takes the extremity, he doth that, that is always warrantable by the law: but in some cases, is not warrantable by God's word, which commandeth a Mitigation, when there is good reason for it. But he that taketh the extremity, when there is no just cause of mitigating it, and again doth mitigate it, when there is cause, his course is not only warrantable by the laws of men, but even by the laws of God also. For it is the duty of every Christian man, to remember in all his bargains and dealings, that his manner of dealing, must not only be warranted by the laws of the land, but even by God's word also: and this is to be known and taken for a general rule in all this treatise. And he that will duly consider the true difference of extremity and moderation, as they are here described, may see how to carry himself in all his dealings, so as they may be warrantable: both by our own laws, and by the word of God. To return then to the matter, and to end this point of public equity: If any man shall object, that this moderation is a wrong to the law: I answer, it is not: for it is neither against the law, nor altogether besides the law, but only beside the stricttest meaning of the law. Nay it is included in the law, as well as the extremity is, though not in the same manner: for the extremity is warranted by the law, mitigation is but tolerated: the law alloweth extremity, but it only admitteth a mitigation. So then, both extremity and mitigation, are within the law, but it is in the hand principally of the Magistrate, and in some cases, of other men also, to discern the several circumstances, when the one is to be executed, & when the other: for sometime one is the justice of the law, and sometime the other: and according as these two are justly and wisely executed or neglected, so is the justice of the law executed or neglected. The want of this equity in men's public actions, is the cause of much cruelty, oppression, and inequality in dealings betwixt man and man: because extremity is for the most part only regarded, and mitigation is banished out of all bargains. And it is impossible, to keep good conscience in forfeitures of bonds, and in forfeiture of lands, suretiships, fines, rents, and such kind of actions, unless there be due regard had to the practice of this public equity. Men therefore, must consider that they are Christians, and live in a Christian commonwealth: And they must not stand only upon the law, and the advantage that the law gives. As they are men, they have a law of the country, which may allow extremity: but as they are Christians, they live under a law of God, the eternal law, which must judge them at the last day: the righteous law, which no creature shall ever be able to blame of injustice, or of extremity: and men must know, that God himself commands this equity of one man to another. But if men, for the fear of God, will not deal equally and moderately, with them that are in their power: but stand strictly upon forfeitures and other extremities: then must the godly Magistrate exercise his power, and by the force of his authority, cause them to mitigate their extremity, and to put in practise that equity which becometh Christians. And let every judge and Magistrate know, that by the law of the everlasting God, he not only may, but is bound thus to do to them, who will not do it of themselves. It may be therefore good counsel to all men, rather to practise this Christian equity of themselves, them to be compelled to it by authority: for every virtue and good work, the more free and voluntary 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 men's laws, seem to give them leave to urge the extremity, yet cannot that excuse them, nor free them from the danger of God's law, which commands them to practise Christian equity and moderation. Now before we make an end of this Public Equity, one point is necessary to be handled in few words. Some may object, If moderation be intended, and included in our law, as well as Extremity, why then is extremity only mentioned in the law, and not this mitigation, which they so much do urge unto us? The answer is ready. The law expresseth and urgeth the extremity, to fray men thereby, from coming within the danger of the extremity; and concealeth the mitigation, lest it should be an encouragement to offend: yet intending it as well as the extremity, and leaving it in the hand of the Magistrate, to put in practice, when just occasion is offered, as well as the extremity. Herein appeareth the great wisdom of the lawmakers, our ancient forefathers, who well and wisely foresaw, that though mitigation be as necessary as extremity, and oftentimes more: yet because of the ill consciences of the most men, and the readiness of all men to offend, thought it fitter to express the extremity in plain terms; thereby to keep ill men within the compass of obedience, and closely to leave the mitigation to the discretion of the Magistrate. So then our lawegivers concealed the mitigation, and expressed it not in their laws, in good policy, and to good purpose. If we therefore do only take the extremity, we take only one part of their intent, and show ourselves unwise, and shallow witted, who cannot see the wisdom, which they closely concealed, in wise and Christian policy. He is not worthy the name of a lawyer, at least of a Christian lawyer, much less worthy the place and seat of a judge, who knoweth not this. For if the law contained not both these, it were unrighteous, and so no law. For mitigation is for the good man, and extremity for the evil, the careless, and unconscionable man: if there were no extremity, how could the evil man be kept within compass? and how should the poor honest man live, if there were no mitigation? So then, it is warrantable by the word of God, and good conscience, that extremity should be in force, and should stand by law, but so as it always admit of mitigation, when need is. Let therefore our conclusion be, to exhort every man, into whose hands is put the execution of laws, to show himself 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 Extremity which is expressed: so shall the lawmakers wise intent be performed, public equity preserved, and much Injustice and hard dealing prevented. Now in regard of this, that hath been delivered touching public Equity, lawyers must not think, that I have gone beyond the compass of my calling, and encroached upon their liberties. For they are to know, that the laws of men, are policy, but Equity is Christianity. Now Christianity was, before there were any laws of men: and therefore they must be ordered according to the rules of Christianity. Again, Divines must take lawyers advise, concerning Extremity, and the letter of the law: good reason then that lawyers take the Divines advise, touching Equity which is the intent of the law. Moreover, their law is but the minister of equity; but our law the word of God is the fountain of Equity: therefore the principal rules of Equity, must they fetch from our law: considering that law without equity, is plain tyranny. Lastly, in the first Christian Commonwealth that ever was, namely, the jews, the Divines, that is, the Priests of those days, were the only lawyers: for their positive laws were the judicial laws, given by God himself, whose interpreters were the Priests and Levites. If therefore, once the Divines had so much to do with positive laws, it may not now be thought amiss, if they give advice out of the word of God, touching the equal execution of the laws of men. And so much touching the doctrine of public Equity, grounded upon the word of God. Now followeth the second kind of Equity, called private; namely that, which is to be exercised betwixt man and man, in their private actions. But ere we go further, some may demand the difference betwixt public and private actions. Private actions of men are such, as are practised amongst men, without any help of the law: as chose, Public actions are such, as cannot be performed but by the help of the law, and the hand of the Magistrate. Whereupon it followeth, that public actions may be betwixt private men, and private actions betwixt public persons: there is a publiknes and a privatenes (as I may term it) both of men and actions. A man is private, until he be exalted unto some authority, in Church or Commonwealth: then he is a public person. An action is private, as long as it is begun and handled betwixt two men, and needeth not the public voice, nor censure of the law to determine it, and then it is public. For example: a Magistrate may have dealing with an other man, or two Magistrates together. If they determine it together betwixt themselves, it is a private action, because they do it, not as they are Magistrates, but as they are men: and so there is a private action betwixt public persons. So a private man no Magistrate, may have a trespass, a debt, a forfeiture, or any other action or demand against another man: wherein (because he cannot come to a reasonable and equal end, by private means) he craves the help of the law, and the voice of the Magistrate: and so here is a public action betwixt private men. Now this virtue of Equity respecteth not the publiknes or privatenes of the persons, but of the actions: therefore as that is Public Equity, which is exercised in the determining of public actions, which come to the judgement of the law: so that is Private Equity, which is practised in the managing of Private Actions, which are begun and concluded privately betwixt man and man, and never come to public hearing, nor trial of the law. Now let us come to search more nearly into the nature of this virtue. Private Equity is a moderate, even, and equal carriage of a man's self, in all his private words and deeds, towards all other men, and all their words and deeds. First, I say, it is [a moderate carriage] of a man's self, that is, betwixt both extremes, neither bearing all things, nor revenging every thing. Secondly, I say towards all other men: wherein I comprehend all men, & all sorts of men: husbands, wives: Magistrates, subjects: teachers, hearers: masters, servants: Parents, children: men, women, neighbours in towns, fellows in societies, in service, in labour. In a word, none are excepted, who any way do live or converse 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 lives shall be all (as it were) a hell upon the earth. Seeing therefore, the necessity and excellency of this virtue is such, that the due practice of it is the ornament of families, and societies, and the comfort of a man's life in this world; let us enter into more particular consideration thereof. Private Equity hath four degrees, or principal duties. First, to bear with natural infirmities. Secondly, to interpret doubtful things in the better part. Thirdly, to depart from our own right sometimes. Fourthly, to forgive private and personal wrongs. Of all these briefly, and in order. The first duty of private Equity, is to bear with the defects and infirmities of men's natures, with whom we live, as long as they break not out into any great inconvenience, or enormity. These infirmities are manifold: as for example: frowardness or morosity of nature; bastines; slowness of conceit; dullness of wit; suspitiousnes; desire of praise, and such like. These and many other natural infirmities, must a Christian man bear and tolerate patiently, in those with whom he converseth, as with his wife, his child, his servant, his friend, his neighbour, etc. And so long must he bear with them, as they are kept within a mean, and break not out into extremity. Of these the holy Ghost speaketh, Prou. 19 31. It is the glory of a man to pass by an infirmity: that is, if he seeth in his brother weaknesses of nature, which do not arise from settled malice, or cankered corruption, it is a man's glory and praise, always so far to moderate himself, as not to see them, nor to take notice of them, at least not to be moved, nor disquieted at them: and oftentimes, so little to regard them, as though they were not done. To this end saith the Apostle, 1. Cor. 13. Love suffereth all things, that is, all things that may be borne with good conscience, & are done by them whom we love. Now any thing may be borne with good conscience, which is either so private, or so small, that the wrong is only ours, and no dishonour thereby ensueth to God's glory, nor ill example to the Church: all such things love suffereth. And indeed it is the property of true love, to pass by many wants: and the more that a Christian is rooted in true love, the more infirmities will he pass by, in them whom he loves: he setteth no limits to himself, how many or how long to bear, but even all that are infirmities of nature: many hard words, many angry fits, many needle's surmises, many unkindnesses, will he put up, and (as it were) not see them, whose heart is possessed with true love, wisdom, and the scare of God: and thus must every one do that will practise Christian Equity. For this is a man's glory, and commendation. Let us lay this doctrine nearer to our consciences, by considering the nature of this virtue in some few examples. A man hath a wife, or a woman a husband, in whom there is the fear of God, and honest and faithful love, but he or she is subject to anger or to hastiness, or to an austerity in their behaviours, or it may be it is not in their natures, to practise those outward compliments of kindness, which others can do with great facility. These and such like, are but weaknesses of nature, in them that fear God: therefore must love cover them and bear them, and oftentimes not take notice of them; and the rather, because he or she that hath not such, hath either the like or greater weaknesses, all which if one forbear not in another, it is not possible to live in peace and comfort. But if this part of Equity were practised, it is scarce credible, how much it would augment the happiness, and add to the comfort of them, that are married. Again, a man hath a servant careful and willing enough to obey and please his master, also trusty and faithful: but he is slow in his business, and doth not dispatch things appointed him, to the mind of his master, not so speedily, not so readily, nor with that facility, as his master requireth. What is to to be done in this case? to see it, and always to check him for it, and to gall and gird him with it, and ever to be casting it in his teeth, and threatening him for it, is the extremity which here the Apostle condemneth. The Equity then in this case to be performed, is, in consideration that it is not a fault of malice, but of nature, not of idleness, nor carelessness, but of a natural weakness, the Master must gently tell him of it, and privately and seldom: and advise him, what are the best helps for nature in this case. And though he see not that speedy amendment, which he desireth, yet is he to bear with him, as long as he is trusty, diligent, dutiful, and willing, and for those so many good properties, he must bear with his wants, and not be too sharp, either in reproving, 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 special friends, or of the same calling, and course of life: but one of them is hasty, and soon angry, and it may be in his talk, either for the matter or the manner of it, he cannot but show his anger. Extremity in this case is, for a man to deal roughly with him, to contradict and cross him, to deny what he saith, to stand stiffly to our our own opinion, & to be angry again with him. But on the other side, Christian Equity teacheth a man not to see it, nor take notice of it, nor to be angry again, nor to check him for it; but to put it off by gentle words, soft demands, and other talk: and to yield to him, as far as a man may do, in good conscience, without betraying of the truth. And by the way, in conference hold it always for a rule of Christian wisdom, and private Equity, never to stick stiffly to any opinion, unless it be in a plain truth, and of great moment. Now thus doing to our brother, and sparing his weakness, and continuing on our speech, as though we saw not that he was angry: hereby the conference holds on, and love is continued as afore. But if chose, we take the advantage of his infirmity, and display it, and rub him for it, if we be as short as he, and stand stiffly upon points, than the conference is broken off without edification, and heartburning riseth betwixt them, in stead of true love. Thus we see in these examples, how in a Christian moderation, we are to bear, and to forbear the natural weaknesses of our brethren, if we purpose to live 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, settled, and cankered corruption. Secondly, if they whom we forbear, contain themselves within convenient bonds, and do not exceed, nor break out into any outrage, or extremity: for than they are not to be forborn, but to be told, and reproved for them, and a man's duty is not to wink at them, but to take notice of them, and to show open dislike of them. But in as much as these are wants of nature, as it is infirmity in the one to show them, so it is the glory and praise of the other, to pardon them: yea it is a token of wisdom, and good government, and a sign that a man is a lover of peace, and consequently of religion, and of God himself, to pass by them. The practice of this duty, maintains peace in kingdoms, countries, states, cities, colleges, families, and all societies of men. Thus much for the first duty. The second duty of private equity is, to constru & interpret men's sayings that are doubtful, in the better part, if possibly it may be: this is to be understood of all men, though they be our enemies and this must a man do, if he will live in peace in this world. Our nature is given to take men at the worst, to deprave men's deeds and words, & to pervert them to the worst sense, that may be: and this is commonly the cause of debate and dissension in the world. But the duty of Christian Equity is contrary hereunto; namely, to think the best they can of all men, to construe all doubtful actions in the better part, and to make the best sense of all doubtful speeches, if we have any probable reason to induce us to it. The Apostle makes this the property of love. 1. Cor. 13. Love thinks not evil, that is, not only then, when there is manifest and good cause to think well, but when it is doubtful, if it may by any means have a good meaning, if by any means, it may be well thought of, love will make a man think well of it: & the more specially a man loves another, the more equally, indifferently, and Christianly, will he interpret all his sayings and doings. The want of this duty, and the practice of the contrary, is the cause of more troubles, tumults, garboils, fall out, and heartburnings, in kingdoms, countries, societies, and families, betwixt man and man, than any one thing in the world beside. Dealing thus with the words of Christ cost him his life: for when Christ said, Destroy this temple & I will build it in three days, they interpreted it of the temple of jerusalem, when as he meant of the temple of his body. And the wrong and sinister interpretation of David's embassage, by his neighbour king Hanu●, was the cause of that great war betwixt two mighty kingdoms, the Israelites, and the Amonites, which cost so many thousands their lives. For when David sent Ambassadors to comfort him after his father's death, he and his wicked counsellors interpreted it, that he sent spies, and intelligencers, to find out the weakness of the land. It cannot be spoken, what broils, hurly-burlies and confusions in kingdoms, what contentions in eommon-wealthes, what factions and divisions in colleges & societies; what disquietness in families, what unkindness and falling out amongst old friends, and what separation even amongst them that should be nearest, are daily in the world, by reason of this sinister interpretation, of men's words and deeds. We therefore that do profess ourselves the children of peace, must learn to make conscience of this, the due practice whereof, is the conservation of peace. And further in this duty, one thing more is to be remembered, namely, that we must not give too sharp a censure, even of the open and manifest evil sayings, or doings of our brother: we must not judge them to be done carelessly, 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 upon infirmity: nor to be done upon hatred or malice to us, when it may be they are done for an other cause: nor may we judge an evil thing, to be done for want of conscience, when it may be, it is done for want of heedfulness: but always we must remember, to make the best we can, even of another man's infirmities. And as, if our brother do well, we are to acknowledge it, and commend him for it: So if he do amiss, we must not make it worse than it is. But the world is far too blame herein: for they can extol their own well-doing, and twenty ways excuse their evil doing: but as for other men, they can debase their well doing, and advance their evil doing; nay it is a common thing, to make a bad man worse than he is, and to speak of an evil action, and of men's faults worse than they are; yea to speak worse, even of ill men than they deserve. But it is flat Injustice, not only to speak evil of that that is good, but even to make an evil thing worse than 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 than it is, there is no case, wherein a man may do it, without plain injury to his brother. If any man reply, and say, I am not to spare myself, nor excuse my own faults, but to judge as hardly of my own sayings and doings, as they deserve, why then should I not also do so to another? The answer is ready. Because a man knoweth not another man, so well as himself. Words and deeds are known to other men, but a man's heart is known to himself alone: therefore for thy own sayings and doings, thou art also able to judge of thine own heart, and of thy purpose and intent in so speaking and doing: but of another man, thou canst say he spoke or did thus or thus: but his heart, his purpose, & intent in so doing, thou canst not judge: & therefore thou mayst not judge so sharply of another man's sayings and doings, as of thine own. To make an end of this point: in the performance of this duty, two cautions must be remembered: first, that we speak not of continued courses, in doing or speaking evil, but of particular speeches and actions: for not an action or a speech, but the course of life shows what a man is: one evil speech or action may be excused, but a continued course in doing or speaking evil, may be by no means coloured or excused. Secondly, we speak not of manifest & public enormities, as of treasons against the Prince or state: for therein it may be dangerous to the Prince, and hurtful to the state, to have any thing coloured, concealed, or excused. In such cases, we must set aside our duty to our brother, and remember our duty to the head and whole body: and better it is, that one member be cut off, then that the whole body perish: but we speak of private evil words or deeds, the evil and hurt whereof redoundeth to private men. And in them we speak not of manifest, gross, and palpable crimes, wherein not only the action is plainly evil, but the intent also: for to excuse or conceal, or to extenuate such, is to make ourselves accessary to the evil of them. But we speak of doubtful words or deeds, wherein either the action itself, or at the least, the intent of it, may receive a likely excuse, and a probable interpretation of good. And unto these two cautions, add thus much further, that the practice of this duty, for the most part ceaseth, when the Minister is to work upon the conscience of an impenitent or a presumptuous sinner: for than he is not to moderate or mitigate, to colour or excuse, to lessen or extenuate his sins, but to speak of sin as it deserves, and to lay out his sins in their own colours, that so he may humble him, and cast him down. But out of these three cases, this duty lieth upon all men, at all times to interpret every thing in the better part. So then the conclusion of this second duty is this: Actions apparently good, are to be commended, doubtful are to be construed in the best sense, apparently evil are to be made no worse than they are, but rather to be excused, and let a man always rather speak too well, then too evil of another man, & rather speak better, then worse then be deserves and rather judge too mildly and mercifully then too sharply: for if a man be deceived either way, that is the safer way wherein to be deceived: Thus to do, is to perform that Christian equity which is here commanded, and to maintain peace which is the comfort of a Christian life. And thus much of the 2. duty. The third duty and degree of Private Equity is, In sundry cases to depart from a man's own right: that is to yield oftentimes in such things, wherein by law he might stand; and oftentimes to forego such things, which by law he might require. Without this Equity, justice and peace cannot stand. Christ our saviour, gave a notable example hereof in paying toll: Math. 17. 27. Christ needed not to have done it, nor could any law have compelled him to it, yet because he would not trouble the public peace, nor give them occasion of contention, he yields from his right and pays them toll: all Christian men must learn by his example, not to stand always upon their right, if they will continue peace in the Church of God. It is not sufficient in Christianity, nay it is a very wicked speech, which we often hear men speak. It is my right and therefore I will not lose it: so might Christ have said, and if you look the place, you shall find, that he first of all argueth the case, and concludes that he is free, and not bound to pay, and yet saith Christ, rather than I will offend them, or give them cause to think worse of me, or my doctrine I will pay it. Even so must a Christian man, in many cases go from his right, and that for the maintenance of public peace in the common wealth, and of private peace one man with another. For the maintenance of public peace, thus must men do in Public Conferences, as in Parliaments and Counsels, and such like general assemblies▪ wherein the several opinions of men are to be delivered, and thus must men do in bonds, forfeitures, borrowing, lending, losing, finding, buying, selling, in leases, fines, rents, and all manner of bargains. And for the maintenance of private peace, men must in their most private actions, one yield to another in such things, wherein they might stand, and oftentimes be contented to lose that, ●hat is their own; and in conferences must a man oftentimes, suffer himself to be crossed and overthwarted in that, of which he is most certain, and to grant that to be, which is not, and that not to be which he knows to be, if the matter be of small moment, and concern not religion nor the state: many such things must a Christian man put up daily, at the hands of his brother, for the maintenance of peace and love amongst them. This is a doctrine little known, and less regarded in the world▪ for its a general opinion that a man may take his own, and may lawfully stand upon his own right, (which if it be meant generally in all cases, is most false) nay this is a common speech of all men, I demand but my right, and I will not lose my right, and this is thought a reasonable speech, and he is esteemed a good man, who takes no more than his right: for oftentimes men stand so strictly upon their right, that they go further than their right reacheth. But this is a very carnal practice, and controlled by the Scripture, and by the example of Christ, as we heard afore. But if any man object, that the example of Christ is not to bind us, because he is the Mediator, and therefore was to perform extraordinary obedience? I then answer, that not only Christ, but other holy men, have practised this duty, for he payeth toll not only for himself, but for Peter also. And there is a notable example of this duty in Abraham, who when his brother Lot and his shepherds could not agree, was content to depart from his right: for whereas he being the elder, might have chosen first, he notwithstanding, stands not upon that, but bids his brother Let choose whether he will, and he will take what he leaveth. A most equal, 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 works, and namely in this, we must oftentimes depart from our own right. In the practice of this duty, one caution only must be remembered, namely, that we must distinguish of another's right and our own. In thy own right thou mayest yield, but when thou art to deal for another man, thou must not yield too much, nor be too lavish of another man's right: but this caution holdeth especially, when the cause is not ours, but Gods, or his churches, for when it is such a truth, which directly concerneth the honour of God, or the good of his Church, them must a man take heed he yield not, without warrant from God's word. For as it is equity, often to yield thy right, so to yield in God's causes, is to betray the truth. If therefore thou mayest not give another man's right from him, without his consent, much less mayest thou without warrant from God, yield any thing at all of his right from him. This duty therefore is to be performed in actions that concern ourselves, and wherein the loss is not Gods, or his churches, but our own. But it is lamentable to see many men, how lavish they are in giving from God, and care not how much they lose of his glory: but stand most strictly upon their own points, and will not yield one inch, nor lose one foot of their own right. And from hence come so many suits in law, and other brabbling contentions in the world, all which, or many of them, might be stayed, if men had but conscience to practise this Christian Equity, to yield one to another, in matters of their own, and of small moment: & it is certain, that if men in the world were not persuaded, some by religion and conscience, some by natural reason, and policy, to practise this duty, it were not possible for the society of men long to continue upon the earth. So much for the third degree. The fourth and last degree of Private Equity, is to forbear and to forgive wrongs and injuries done unto us in word or deed. The scripture is plain for this, and so is natural reason, which teacheth, that every one that bears the name of a man, should forgive another, because he being a man, may deserve and stand in need of the same himself, and therefore is to do as he would be done unto: But especially a Christian man, who looks for forgiveness at God's hand, for his own sins, must needs forgive his brother. So that to a Christian man, there is a double bond or reason, to tie him to this duty. One is, as he is a man, therefore must he forgive him that offends him, that so another man may also forgive him, when he offendeth. For there is none, but being a man, and living amongst men, he must needs offend. Another more forcible reason is, as he is Christian, therefore must he forgive, because else, how can he in reason demand or pray for forgiveness at God's hand for many thousand offences of his own, and those exceeding great, when another man cannot obtain forgiveness at his hands, for a few small offences. This duty is of greater necessity than all the former: for upon the practice of this, depends the preservation of peace: but where this is not practised, there is no religion, no conscience, nor salvation: for where there is no forgiving of another man, that man is not forgiven at God's hands. And he whose sins are not in Christ forgiven, and taken away, that man is in the state of damnation, and till he be forgiven, he can never be saved: but he can never be forgiven, till he forgive his brother: and so it is plain, that even salvation itself, in some sort, depends upon the practice of this duty, yet not as a cause, but as a sign, or an effect of salvation. For this is not true, that every one who forgives is forgiven of God, but this is true, that whosoever is forgiven of God, will forgive his brother. So then, neither in reason, nor in religion, can a man look for forgiveness himself, unless he make conscience to forgive another. Yea God hath made every man a judge in this case, to condemn himself, if he do it not, when he prayeth every day, that God would forgive him even so, as he doth forgive others. Yet in this duty of forgiving outward injuries, two cautions are to be remembered ●. That there is a time, when a man is not to forbear and suffer, but may stand upon his guard, and defend himself from the injury: and that is, when his life is endangered, as when a man is assaulted by a thief, or by his deadly enemy, who seeks his life, and can have no help, he is in that case to help himself, when he must either kill or be killed, than reason and religion bids him defend himself: & being in that case, that a man cannot have the Magistrates help, that bears the sword for his defence, Gods puts for that time the sword, into a man's own hand, and makes him a Magistrate for that time, and occasion. For in cases of such extremity, god allows every man to be a Magistrate, not only to defend himself, but even to kill his enemy, if it be impossible, any way else to save his own life: and this defence of a man's self, hinders not the duty of forgiving, for so far must a man forbear and forgive, that he be sure to defend his own life. In the second place, though a man forgive the Injury and wrong done unto him, yet may he safely in some cases, go to law for recompense of that wrong. It is a devilish opinion in the world, that a man cannot go to law, and be in charity: we must know, that a man may go to law, & yet be in charity: for to forgive the malice, and to sue for recompense are things indifferent; It is not so much charity, to forbear the recompense, as it is to forgive the malice. If therefore a man forgive not the malice, he is out of charity, but he may sue for satisfaction, and be in charity. The scripture forbids not men's going to law, but tells them how they should do it: law is not evil, though contentious men, and unconscionable lawyers, have vilely abused it: but it God's ordinance, and may lawfully be used, so it be on this manner. First, it must not be for every trifle, every trespass, every ill word; but in these cases, a man is both to forgive the malice, and to remit the recompense, because he is little or nothing at all hurt by it. For example, A poor man steals a little meat from thee in his hunger, let the law take hold on him, but pursue thou him no more for it, then by the law thou needs must▪ Again thy neighbour's cattle doth trespass thee, thou must not go to law for it, the malice be it more or less, thou must forgive in Christianity & for conscience sake, and the damage is so small, as that therefore thou mayst not go to law for it. For the law is abused, in being executed upon trifles, and those lawyer's shame themselves, and dishonour their profession, who are willing that every trespass of sixpence damages be an action in the law▪ this is one of the causes of the base and vile names, that are given to the law and lawyers in these days, because the law is employed upon such trifles. And it is to be wished, that the supreme Magistrate would take order to restrain this general evil: that contentious men & unconscionable lawyers might not conspire together, to pester the law with these trifles: and though men be so unconscionable, as to run to the law for every trespass, yet should lawyers be so conscionable and so wise, as they should drive them from the law again. Thirdly, thy neighbour gives the ill words, raiseth or carrieth evil tales of thee: Equity is, not to go to law for every evil word, but to consider that for the malice, thou art to forgive it, and for the damage it cannot be great, because many men's 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 means of peace. Law is a kind of war, as therefore war is to be the last means of public peace, so should the law be the last means to be used, for the attaining of private peace. All means must be tried, ere thou go to law, and if none will serve, then is the law ordained for thee, whereby to recover thy right and to maintain equity, for as to go to law for a trifle, or at the first, is extremity, and so Injury: so to go to the law, for a cause sufficient, and after other means used in vain, is justice and equity, and no extremity. Here therefore let all Christians learn, how to go to law; and the rather I do urge this point, because the law is notoriously abused: and it is almost incredible, what infinite sums and masses of money, are daily spent in it most unnecessarily: insomuch as the lawyers do exceed in wealth, any other sort or calling for men in this whole realm. For reformation whereof, let men but learn, and practise the two former rules: 1. law is not ordained to be a judge of every trifle: It is a shame to our law that men be suffered in the common wealth to arreast each other for debts of small value, so as ten times, and otherwhiles twenty times as much is spent, for the recovery of them as the principal is. Are not we a Christian commonwealth? why then have we not the wisdom to appoint another, an easier, and a director way for the recovery of such debts, and if there be no other way, why doth not a Christian man stay for it, or lose it rather than go to law for it? It is a shame for our nation, that there should be at one Assizes over England, so many hundredth actions of trespasses, wherein the damage is little or nothing. To reform these is a work worthy of a Prince, and every man should put to his helping-hand to it. Secondly, let law be thy last remedy. This rule controls another foul misorder in our land. Men are sued, when they would gladly compound: when they would willingly satisfy by private order, they are compelled to answer by law. And yet there is a worse thing than this: the law which should be the last, is not only made the first means, but whereas it should be open and public, it is used as a close & secret means: it steals upon men (as the phrase is.) For men are sued afore they know, and great charges come upon them, ere they are told of it, by them that sue them. Is this equity? yea is it not rather extremity? And yet (alas) how common is it in most places. Let therefore every Christian man, remember his lesson here taught by the Apostle, Let your equity be known to all men. But it seems then, will some say, that men may not go to law. I answer, thou mayest go to law, though not for trifles, yet for things of weight, as for the pursuit of a notorious thief, to his due and just trial: for the title of thy lands: for the recovery of thy just and due debts of value: and of thy child's portion: for the making strait of great accounts, for the trial of thy good name, when thou art so slandered, and by such, as that thy credit is publicly endangered: for these and such like causes, thou mayest go to law, when by other more easy means, thou canst not procure a reasonable satisfaction. For than it is unlawful to sue for the greatest cause in the world. The truth of all this doctrine doth Paul teach the Corinth's, whom he reproveth of three faults. 1. that they went to law before heathen judges. 2. for every cause. 3. they used no private means of satisfaction, but ran to the law at the first. The first of these cannot be our sin, for we have no heathen judges, in as much as our state and government, by the mercy of God is not heathenish, but we have a Christian commonwealth. But the other two are the general sores of this land; let us therefore labour to heal them and to cover our shame: let us remember that not Extremity but Equity becomes a christian; and let every man take heed of this, as he would be known to be a Christian: for the known badge of Christianity is mercifulness: the more merciful the better Christian. For he hath tasted deeper of God's mercies to himself, and therefore he is merciful to his brother, and the worse Christian, the less merciful, for he never felt God's mercies to himself, therefore he cannot be merciful to his brother. Now to go to law for every trifle, or to steal law upon thy brother, or to sue him before thou offer him peace, it argueth a hard heart and unmerciful, and far from this duty of forgiving: but to be loath to go to law, and to put it of as long as may be, and first to give warning, and to offer peace, and not to do it, but in matters of weight, it argueth a merciful heart, and such a one as is ready to forgive, and such a one in whom the spirit of God doth dwell. And thus I hope I have opened this duty of forgiving, and forbearing, in such sort; as a Christian may see how to practise it, with comfort to his conscience, also without any great loss in this world, or hurt to his estate. And thus much for the four several duduties and degrees of Private Equity. Now having opened the nature & kinds of Christian Equity, let us proceed further in the text. Let your Equity (saith the Apostle) be known to all men. The words import; that it is our duty, not only to know this virtue and the nature of it, and to be able to talk of it, but in all our affairs public and private, and in all our dealings with men, so to put it in practice, that men may see it, and that it may be known to other men: and that they may be able to avouch for us; that our dealing is upright, equal, and indifferent, joined with equity and moderation, and free from extremity and oppression: this is the meaning of that which we are here commanded by the Apostle. And the reason why the Apostle urgeth us to make it known, is, because there is a privy hypocrisy in our natures, whereby we are given to make show of more than is in us. Against which vice we do truly labour, when we labour to make our virtues manifest and known to the world, that so the tree may be known by his fruits: he is a holy and religious man, not who knoweth, and can talk well, but he whose religion and holiness is known in the world, and seen of men: he is a merciful man, of whose mercy men do taste: So he is an equal & upright man, whose Equity is felt, & found by them who deal with him. Let therefore our actions with men, testify the virtues of our heart, that men who live with us, and deal with us, may be able to say for us, that we are possessed with those virtues; for this is to be truly good, not when a man can speak well, or tell of his own goodness, but when other men see it, feel it, and speak of it. Hitherto of the meaning of the words. Now that which was Paul's exhortation to the Philippians, shall be mine to all true Christians: Let your equity be known to all men. You have learned what it is, and how it is to be practised: it now remains, that we content not ourselves, with the bare knowledge, but take notice of it, as of a doctrine belonging to us, and put it in practise all our dealings, public and private, yea and make it manifest to the consciences of all men▪ good and bad: so that every man, with whom we deal, may taste and feel of our equity, and be able to testify of us, that equity bears rule in all our actions: thus if we do, we are Christians not in name, and profession only, but in deed and truth. And to persuade us all to this holy duty, let us use some few reasons to enforce it: and amongst all the reasons that might be brought, there is none better, than this here used in the text (The Lord is at hand.) But before we come to speak of it, let us consider of one other, which doth most naturally enforce this exhortation: and it is this. God showeth most admirable Equity and moderation towards us, therefore ought we to show it, one towards another: It is the reason of the holy Ghost, Be ye merciful, as your heavenly father is merciful. Wonderful is the moderation, that God showeth to man, & it appears especially in four things, whereof two belong to all men, and the other two concern his Church. The first Action of God, wherein he showeth great moderation towards all men, is this. A law was given to our first parents, Eat not of this tree, if you do, you die for it: and that a double death, both of body and soul. But they ate and so broke the law, and thereby did undergo the penalty annexed▪ by force and virtue whereof, they should have died presently, the death both of body and soul, and this had been no Extremity but justice, for this was due unto them by the justice of that law, which was given them. But now, behold God's Equity, and moderation of the justice of that law, he struck them not presently, as the tenor of the law, and their desert required, neither with the first nor second death, but defers the full execution, laying upon them (for the present) a less punishment, namely a subjection to the first death, and a guiltiness of the second, that is, of damnation. Behold a marvelous mitigation: by the tenor of that law, their bodies and souls should both have presently died, and been cast into hell, but God in mercy suspends and defers the execution of it, and only strikes Adam's body with mortality, whereby he was subject to the first death, and his soul with guiltiness, whereby he was subject to the second death: by which mitigation it came to pass, that as Adam by his repentance, afterward quite escaped the second death, so he tasted not of the first death till nine hundred years after. If a prisoner counts it a merciful favour of the Prince, or the judge, when after his judgement to die, he is reprieved but one year, than what a merciful mitigation was this in God, to reprieve our first parents for so many hundred years? This was the first action of God's mercy to man, and this concerns all mankind generally, but especially Adam and Eve. But the second doth more nearly concern all men. So soon as man commits any sin, even than is he guilty of eternal damnation, because he hath broken the law: for the curse of the law, is not only a guiltiness, but a subjection to the wrath of god, presently to be inflicted upon the sin committed, without any intermission: so that so oft as a man sinneth, so oft doth he deserve to be plunged soul and body into hell, without being spared one hour. If therefore the Lord did cast ten thousand into hell in one hour, he did but justice, for so the law requireth: but see the merciful moderation of the Lord: though we deserve every hour to be cast into hell, yet is every hour and minute of our lives, full of the mercy and moderation of the Lord: so as though our sins cry for damnation presently, yet God stayeth his hand, and doth not execute the sentence of damnation upon the sinner, instantly after his sin, no not in one of ten thousand, but spareth every man many years, some more, some less, but all more than their sins deserve, or the law requireth. We often read, and always find, that God hears the cry of sinners: but we seldom read, that God hears the cry of sin, for if he always heard it, when sin cries for vengeance to him, he should turn us all into hell in one hour: this is a wonderful patience and moderation in God, and yet behold a greater. For whereas we by our sins, do every hour plunge ourselves into hell, as a man that violently casts himself into a gaping gulf: see Gods wonderful mercy, we thrust ourselves in, and he puts us back: he stayeth us with his own hand, and so keeps us out. See what a sea of mercies the Lord doth power upon man: for how can that but be an infinite sea of mercies, which is showed to so many thousands of men, so many thousand times in one hour. If his mercy did not moderate the extremity of his law, there should not be one man left upon earth, but all in one hour cast into hell: but God stayeth his justice, and stayeth his law, yea stayeth us, who ourselves would execute the law upon ourselves and so cast ourselves into hell, he keeps us out and gives unto us a longer time to repent. And this is true in all men: to some, he gives longer, to some shorter, but to every one some, where as the law gives not one hour to any man, nay the law is so far from giving time torepent, that it admits no repentance at all, no though a man should sin but once, and instantly after that one sin, humble himself in repentance and crave fogivenes, the law will not accept him to favour, nor yield forgiveness, nor allow his repentance: for the law can do nothing but this: either justify and reward him that fulfils it, or condemn and punish him that breaks it, further than this the law by itself goeth not. It is the gospel which commandeth us, & teacheth us to believe and repent; and to the Gospel are we beholding for accepting our repentance, which the law would never do: which indeed is so far from accepting repentance, as it never intendeth nor aimeth at repentance directly in itself: and therefore in itself, it is worthily called the ministery of condemnation. So then behold a most strait law, and a most merciful God: so strait a law, as (if that mercy were not) it would never give us one hour to repent in, nor receive us to favour though we repented presently, but presently upon our sin cast us into hell. O therefore taste and see how good and gracious the Lord is: the law cannot have his extremity, nor the devil his will upon us, who is the jailer of the law; and is malicious, though the law be just: and so by the extremity of the justice of the one, & the extremity of the malice of the other, no man should live one hour in the world, were it not for the wonderful mercy and mitigation of God, who contrary to the course of the law, both accepteth men when they repent, and gives 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 years patience, and many thousands of sins ripe for vengeance, yet God gives 120. years more: O how many millions of sins did they commit against him in that time? and yet had they repent at the last, they had been saved, but all was in vain, and therefore in the end God sent a flood, and swept them all away. Even so, and more patiently hath God suffered us, in these latter days. But how comes it to pass then, will some say, that we have not a flood as well as they? Surely because his mercy was great to them, but wonderful to us, we are as evil as they, yea if we judge aright, and consider duly all circumstances, our sins are far more, yea far more heinous than theirs were: so that we deserve a flood ten times more than they did, and if God dealt but justly with us, where he brought one upon them, he should bring and hundred on us: and if justice bore the sway, she should us sweep away, one generation after another, with a continual flood. But mark the moderation of God, more to us then to them, who deserve worse than they. He gave us not an hundred and twenty, but many hundredth years, and brings no floods of judgements, but spares us from year to year, and from age to age, that so we may either repent and escape hell: or when our time is come, drown ourselves in damnation, and so be the principal cause of our own destruction. It may not unfitly be noted in this place, that sometime God may be said to cast a man into hell, and sometime man himself. God throws a man into hell, when for some monstrous and contagious sin, he takes away a wicked man in the midst of his wickedness, by some sudden judgement, and so sends him to hell. But a man plungeth himself into hell, when God gives him leave to live, and liberty and time to repent, but he continueth carelessly in his sins till he die, and so casteth himself violently into damnation. Now such is the merciful moderation of God, that for one man whom he casts into hell (as he did judas presently upon his sin) a hundred wicked men cast themselves into hell, abusing that time and liberty, which he gave them to repent in, and so bringing upon themselves swift damnation. Let every man therefore every day of his life, when he considereth the thousands of sins that are committed that day, and seeth no flood of water, fire nor brimstone to come upon us, let him wonder at gods mercy, and say with the Prophet, It is the Lords mercy that we are not consumed. Furthermore, this moderation of God to all men, hath another branch. Every man's ill conscience is to him like the fire of hell, and doubtless the torment of conscience, is a part of the very real torment of hell: now if every man had but justice, he should feel presently after every sin, the very torment of hell, namely the sting and torment of a guilty accusing conscience: but see the mercy & moderation of God, he inflicts it not presently, but only gives the sinner a prick, or a little pang (as it were) when he hath sinned, but the raging fury of the conscience, (which is the greatest hell that is upon earth) he defers till the hour of death, or the day of judgement. When therefore thou hast done evil, and feelest a prick in thy conscience, and a cheek, but no more, remember that even then, if God did not moderate his justice, thou shouldest feel the extreme horror of thy conscience, which would overwhelm thee as a burden, which is to heavy for thee to bear. Thus than we see the marvelous mercy of God: wicked men are his sworn enemies, for sin is that which offends him above all things in the world, yet so great is his mercy, and so large is his moderation, that even his enemies taste of it every day and hour. Thus much of God's Equity and moderation to all men. Now secondly, this moderate & mild dealing of the Lord, is more special to his Church and children: and that also shows it self in two actions. First of all, justice requireth that every man should pay his debt: & common reason tells us, that words & promises cannot pass for payment, but due debt must be satisfied. Now every Christian man is in a great debt to God: that debt is obedience to his law, for Christ came to save us from the rigour of the law, not to free us from obedience to it: but how do we pay that debt? even as he doth, who oweth ten thousand pounds, and craveth to pay it by a penny a year, for so we owing perfect obedience in thought, word, and deed, and also purity of nature, the root of all: we (I mean the best & holiest men of all) have nothing to tender to God, but a few good desires and groans of the heart, and a silly poor endeavour: all which is unto that which the law requireth, like unto one penny to ten thousand pound. Yet behold the mercy of God and his compassion to his children: these our desires, and that our endeavour coming 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 endeavoureth it accordingly, is the man, whom God loves, and embraceth in the arms of his mercy, though he be far from that, which in debt and duty he oweth to God. Thus doth God testify of himself in Malachi: I will spare you, even as a father spareth his own son that serveth him. Now we know there is no sparing, nor forbearance like unto that. A father bids his little son do this or that, which is far above his strength, the child not considering the difficulty, but looking only at his duty, 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 rejoiceth in this willing obedience of his son, and approveth in his child the will and endeavour, though he cannot do the thing he bids him. Even so doth the Lord spare his children; he commandeth us to keep his law, and it is no more than out duty, which notwithstanding of ourselves we can do no more, than a little child is able to carry a millstone: yet if we willingly go, when God commands us, and do our endeavour, and all we can, and groan under the burden, and desire to do more, this our desire and endeavour, proceeding from faith, & from a sonlike willingness, doth the Lord accept for the perfect deed. This is no small moderation, but great and wonderful: For whereas we owe perfect obedience, and he might justly challenge it, and for want of it, make us pay it with soul and all, he is is content to take a will, a desire and endeavour, which is all we can, and is in effect nothing at all. In this world, that man would be extolled for his mercy, who will take of his debtor a penny a week, who oweth him 100 pound: or that takes all he can pay, and accepts his good mind for the rest: Oh then how merciful is our God, who for so great offences, and so huge a debt, as ours is to his Majesty, is content to accept of our endeavour, and hearty desire? the heart & tongue of man cannot sufficiently magnify so great a mercy. Thus much for the first. Again the mercy and moderation of God towards his children appears thus. There is not the best man, but he sinneth, & there is not a sin so little, but in justice it deserveth a whole world of punishments, yea all those curses denounced in the law, even all those plagues threatened, Deut. 28. all which in justice should overwhelm him, press him down, & crush him to nothing. But behold the merciful moderation of God, he is content to lay no more crosses on his children, then by his own grace, (which he also gives them) they shall be able to undergo, and in the end to overcome also. When his children sin, (as when do they not?) doth he punish them according to the proportion of their sin? no: for then all the curses of his law should be heaped on them for one sin; and if he did so, he did but justice: nay he deals 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 layeth on his children, is nothing at all to their sin: and therefore it is no punishment properly, but (as it were) the chastisement or correction of a father, to teach his son his duty, and to reform him, and bring him home from his evil ways: and therefore not in the rigour of a judge, but in the love and wisdom of a father, he first considereth, what we are able to bear: and then layeth no more on us, than we may well bear: and which is most wonderful of all, he gives us strength to bear them. To this end speaks the Apostle to the Corinthians, 1. Cor. 10. There hath no temptation taken you, but that which befalls the nature of man. Whereby he imports thus much, that there are temptations, and crosses in God's justice due for sin, and which he hath in store, ready at his pleasure, which are so great, so heavy, and so fearful, as the nature of man could not possibly bear them, but should sink under them, and perish, as did Cain and judas, and such like. Amongst these an evil conscience is one, which is so intolerable, as the wise man saith, Prou. 14. 18. A wounded spirit, who can bear it? But the crosses he layeth on his children, are always such, as they bear with comfort for a time, and at last with joy do overcome them. A notable example hereof we have in Solomon, of whom God saith to David, If he sin, I will chastise him with the rod of men: as if he should have said, I could in my justice, for Salomon's great sins, beat him with scorpions, and bring him to nothing, by my heavy hand, but I will consider, he is my child, and but a man: therefore will I lay upon him no more, than the nature of man is able to bear. As God dealt with his son Solomon, so this is God's voice to all his sons: unto all my Church and Children, will I use such lenity and moderation, and in my chastising of them, I will so abate the rigour of my justice, that by my hand and rod, they shall not be pressed down, but rather raised up in new obedience, and learn thereby to fear and love me more than before. This should every Christian man seriously consider of, and think with himself, how much this binds a man to deal moderately with his brother, when the Lord deals so moderately with him. Thou sinnest, & God chastiseth thee most mildly, and layeth not on thee the thousand part of these crosses, which in justice he might do. Shall the Lord deal thus moderately with thee, for thy many▪ and so great sins, and wilt thou deal so hardly with thy brother, in his few and small offences against thee? remember therefore in thy dealing with thy brother, this dealing of God with thee, and certainly thou canst not forget the one, if thou hast tasted of the other. Show thyself therefore, that thou hast been partaker of God's favour, and that thou hast felt in thy soul, the sweetness of his mercies, by being mild & merciful to thy brethren: out of that great sea of mercies, which God lets flow over thee all thy life long, let fall some drops of mercy on thy brother, and remembering how God deals with thee, deal not thou with thy brother always so hardly, nor so straightly, as thou mayest, or he deserves. Let these four merciful actions of god towards thee, be four strong bonds, to tie thee to the obedience of this duty, to be mild and merciful to thy brethren, remembering every day, how moderately God deals with thee, and how far from that extremity, which thou deservest. And to move us hereunto, let every man be well assured, that the more he hath tasted of God's mercy, the more shall men taste of his mercy; and the more sins that a man hath forgiven him at gods hands, the more will he remit and forgive in his brother; and the more he feels in his own soul God's love and mercy to him, and the more near he is to God by his faith and repentance, the more careful will he be, to deal gently with his brethren: and the reasons hereof are these. First, God forgiveth not a man his faults but upon condition, that he shall forgive his brother, God is not merciful to a man, but upon condition he shall be so to all men with whom he deals. Secondly, the mercy of God to us, in forgiving our sins, is not made known to the world by any means more, than this, when a man is not hard and extreme, but equal and merciful in his dealing with men. Whereupon therefore it followeth, that the further a man is from God, and the less that he hath felt of God's love to him, the less moderation will he perform to his brother. Let every man than be ashamed, by these his extreme courses with his brethren, to make it known to the world, that he is an Impenitent sinner, himself unreconciled to God, and his sins unpardoned: and let no man think he shall escape that censure, if he be an unmerciful man; for certainly it is imprinted in men's dealings, whether they be in God's favour, and their sins are pardoned, or no. Let therefore every man, when his own crooked nature, or the devil makes him boil against his brother in anger, and urgeth him to use him hardly and extremely, consider with himself, and say; I live under God, I am more in God's hand, than this man in mine: I have offended God more, than he me: and if I had my desert, I had now been in hell for my sins: but yet I live, and by his mercy I am spared, and am here still. But hath God spared me, that I should pinch others? hath he been merciful to me, that I should be cruel to others? surely therefore I will be merciful and moderate to my brethren, more than they deserve, lest God take his mercy from me: and then what shall become of me, but to be thrown suddenly into hell, which I deserved long ago: nay I will by my equity and moderation towards my brethren, move the Lord to be still more merciful to me, without which his mercy, I cannot live 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 words bear two senses, or meanings. The first, of the last judgement: the second, of God's presence. The first, is thus framed, if the holy Ghost meant of the last judgement: Be you equal and moderate one towards an other, for God is ready in his great and general judgement, to judge all men, and then happy is he that finds not justice, but tastes of mercy: and who shall taste of mercy then, but he that showed mercy in this world? But if secondly, the holy Ghost meant of God's presence, then is the argument framed thus: God is present with every man, and at every action, to testify and judge of it, and either to approve it and reward it, if it be upright, equal, and merciful: or to correct and punish it, if it be extreme, and void of equity: therefore let your equity be known to all men. Both senses are good, but we will cleave unto the latter. It is then all one, as if the holy Ghost had said; Use equity and moderation in your dealings, and remember who is at your elbow, stands by and looks on, ready to judge you for it. Surely there can be no better reason than this, if it be settled in a man's heart: for a thief, or a cutpurse, if he saw the judge stand at his elbow, and looked upon him, he would not do evil, he would stay his hand, even because he seeth that the judge seeth him, who can presently hang him. A strong reason with men, and it keeps even bad men from lewd practices. Consider therefore when the judge of judges, the Lord of heaven and earth, stands by and seethe, and marks all thy actions, whether they be towards thy brother, as his is towards thee. This aught to make the greatest man on earth, fear how he deals cruelly or hardly with his brother. But worldly men will not be persuaded of this, but when they are laying their plots to deceive their brother, and when by injustice, and extremity, they pinch and wring him, they think in their hearts, God seeth them not, nor do they ever think of God, but labour that God may be out of all their thoughts. This is the cause of all sin in the world: for thence is it that men's hearts are hardened, and that they care not how extremely they deal with men, because they think God seeth them not, nor will call them to account for it, and do with them as they have done with their brother. Hence comes all injustice, cruelty, extremity, suits in law for trifles, taking forfeitures of leases, and of bonds, and taking all advantages. Hence comes it, that one man will not spare an other one day, nor forgive one fault, nor pass by any infirmity, nor put up the least injury, nor yield one inch from his right: but if his brother offend never so liule, upon never so apparent weakness, he shall hear of it on both sides, as they say: and if he deserve ill, he shall have his deserts to the full. Thus hearts are hardened, affections are immoderate, bowels of compassion are shut up, love and pity are banished, and in their rooms reign cruelty, and injustice. Moderation dwells in corners, but extremity is that, which bears sway over all the world: what is the cause of all this? Surely, first, because men are unsanctified, and have not repent of their sins, & so they feel not, that God is moderate, and merciful to them. Secondly, they persuade not themselves, that God seeth them▪ therefore against this blasphemous thought the root of all evil, and cause of all sin, arm thyself with this reason of the Apostle, and resolve of it, that this is the eternal truth of God, and shall stand for ever. The Lord is at hand: and seeth and observeth thee, & all thy doings. Therefore as thou wilt escape his mighty and fearful hand, season thy doings and dealings with moderation: and if thou hadst noon cscience, nor no mercy in thee, yet be merciful, remembering who seeth thee; and deal moderately and equally in the sight and presence of so moderate, so mild, and so merciful a God: so merciful a rewarder of him that deals moderately, and so powerful a revenger of him that deals hardly, and extremely with his brother. Let us then end with the Apostle as we began: Let your Equity and Moderation be known to all men, for God is at hand. And thus much out of God's word, of Public and Private Equity: wherein I have not spoken all I might, but given occasion to others, to enter into further consideration thereof. Trin-vni Deo gloria.