such great and principall vertues as are euen the harte and the braine of the common-wealth namely Iustice and Peace But for the more exact and particular knowledge of the nature of this necessary vertue let vs descend to the particular branches and kindes of it Christian Equitie therefore is either publicke or priuate Publicke equitie is that which is practised in publicke metings and assemblies of men as in Courts of iustice Assises Sessions Counsells Parliments and such like The matter where about this publicke equitie is conuersant is the right and conuenient and the moderate and discrete execution of the lawes of men Lawes of men made by lawfull authoritie according to Gods law and for the common good are and are to be estemed bones and sinewes to hold to gether proppes and pillers to vphold the common-wealth and all societies God therefore hath giuen to Kings and to their lawfull deputies power and autoritie not onely to commaund and execute his owne lawes commanded in his word but also to ordaine and enact other good and profitable lawes of their owne for the more particular gouernement of their people and to be helpes for the better executing of the lawes of God And also to annexe a punishment and penaltie to the said lawes which penaltie is to be according to the qualitie of the fault greater or lesse in so much that they may in many cases if the common good so require inflict euen death it selfe And further God hath giuen these goddes vpon earth a power as to make these lawes and annexe these punishments so also vpon mens defaults and breaches hath he giuen them authoritie to execute the law so made and to inflict vpon the offender the punishment annexed Now because this point is of great moment in a common wealth and the true knowledge and due practise thereof is the glory and bewtie of a kingdome therefore for the better directiō herein both of prince and people magistrate and people gouerned let vs enter further into the consideration thereof In the lawes of common-wealthes two things are to be considered the sight whereof will giue great light to know more perfectly what this publicke equitie is These are 1. the extremitie of the law 2. the mittigation of the law Both these are put into the hand of the Magistrate by God himselfe to be ordered according to his discretion and as the circumstance requireth and of them in order The extremitie of the law is when any law of man is vrged and executed straightly and precisely according to the literall sence and strict forme of the wordes and the exactest meaning that can be made out of the wordes without any manner of relaxation at that time when there is good and conuenient cause of mittigation in regard of the person offending This point cannot well be expressed in sewer wordes The principall and most materiall clause in this discription of extremitie is in those wordes At that time when there is iust cause of mittigation in regard of the person offending For if there be no good cause of mittigation then it is not called extremitie but iustice of the law but when there is good cause why in a Christian consideration of some circumstances this iustice should be mittigated and yet is not but contrariwise is extremely vrged and pressed to the furthest then it is extremitie Now this extremitie of the law is in this case so farre from iustice as indeed it is flat iniustice And herein is the prouerbe true Summum Ius summa iniuria that is the extremitie of the law is extreme iniurie And of this doth the holy ghost meane Eccles. 7. 8. be not ouer iust that is presse not iustice to farre nor vrge it to extremely in all cases least sometimes you make the name of iustice a couer for crueltie Now besides this there is a second thing in the hand of the Magistrate namely the moderation relaxation or mitigation of this extremitie and that is when the proper forme of the wordes and the strictest meaning of the law is not vrged and the punishment prescribed in the law is moderated or lessened or deferred or it may be remitted vpon good and sufficient reason and in such cases as whereof the lawe speakes not directly nor the law-maker did purposely aime at The ground of this mittigation is because no lawe makers beeing men can foresee or set downe all cases that may fall out Therefore when the case altereth then must the discretion of the lawemaker shew it selfe and doe that which the law cannot doe This mitigation is in the hand of the Magistrate as well as the extremitie nay it is a part of his dutie as well as the former and he offends as well that neglects to mitigate the extremitie when iust occasion is as he that neglects to execute the extremitie when there is neede As therefore he is no way fit to be a Iudge who hath no knowledge or care to execute the lawe so he is but halfe a Iudge who can doe nothing but vrge the lawe and the plaine words of the lawe and is not able also to mittigate the rigour of of the lawe when neede so requireth Therefore euery Magistrate is to practise this with the other and not to separate those things which God hath ioyned But now least this moderation and mittigation of mans lawes which is the practise of publike equitie should turne to the maintenance of malefactors the abolishing of lawes the despising or weakening of authoritie which in these daies little needeth we must therefore nowe remember this caution That there must be no mittigation but honest profitable and conuenient If any man aske when is it so I answer in three cases First when the mittigation stands with the lawe of nature Secondly when it agreeth with the morall lawe or any part of the written word Thirdly when an inferiour law is ouer-ruled or countermanded by a higher lawe In these three cases the moderation of mens lawes and the mittigation of the punishment due by the extremitie of these lawes is honest and good and may and ought to be practised But if it be contrarie and not warranted by some of these then that mittigation is flatt iniustice and a manifest wrong vnto the law That the difference of these two the extremitie and mittigation may better be discerned let vs consider it in some examples It is the law of England and many other countries that the theife shall die Now though the word of God hath not the same punishment in plaine tearmes yet is the law good and warrantable as shall appeare in the sequell and I thinke is doubted of by none The drift of this law is to represse that common and generall sinne of the euerie a preuailing sinne as any other and so farre preuailing as the rigour of good lawes is necessarily required for the repressing of it so that this lawe was made for the cutting off of such rotten members as doe but corrupt
matter and to end this point of publike equitie If any man shall obiect that this moderation is a wrong to the law I answer it is not for it is neither against the lawe nor altogether besides the lawe but onely beside the stricttest meaning of the lawe Nay it is included in the lawe as well as the extremitie is though not in the same manner for the extremitie is warranted by the law mitigation is but tollerated the lawe alloweth extremitie but it onely admitteth a mitigation So then both extremitie and mitigation are within the lawe but it is in the hand principally of the Magistrate and in some cases of other men also to discerne the seuerall circumstances when the one is to be executed when the other for sometime one is the iustice of the lawe and sometime the other and according as these two are iustly and wisely executed or neglected so is the iustice of the lawe executed or neglected The want of this equitie in mens publike actions is the cause of much crueltie oppression and inequalitie in dealings betwixt man and man because extremitie is for the most part onely regarded and mitigation is banished out of all bargains And it is impossible to keepe good conscience in forfeitures of bonds and in forfeiture of lands suretiships fines rents and such kind of actions vnlesse there be due regard had to the practise of this publike equitie Men therefore must consider that they are Christians and liue in a Christian commonwealth And they must not stand onely vpon the lawe and the aduantage that the law giues As they are men they haue a lawe of the countrie which may allow extremitie but as they are Christians they liue vnder a law of God the eternall lawe which must iudge them at the last day the righteous lawe which no creature shall euer be able to blame of iniustice or of extremitie and men must know that God himselfe commands this equitie of one man to another But if men for the feare of God will not deale equally and moderately with them that are in their power but stand strictly vpon forfeitures and other extremities then must the godly Magistrate exercise his power and by the force of his authoritie cause them to mitigate their extremitie and to put in practise that equitie which becommeth Christians And let euery Iudge and Magistrate knowe that by the lawe of the euerlasting God he not onely may but is bound thus to doe to them who will not doe it of themselues It may be therefore good counsell to all men rather to practise this Christian equitie of themselues thē to be compelled to it by authoritie for euery vertue and good worke the more free and voluntarie it is the more acceptable is it to God and more commendable before men and let all men remember that whereas the strict words of mens lawes seeme to giue them leaue to vrge the extremitie yet cannot that excuse them nor free them from the danger of Gods law which commands them to practise Christian equitie and moderation Now before we make an ende of this Publike Equitie one point is necessarie to be handled in few words Some may obiect If moderation be intended and included in our law as well as Extremitie why then is extremitie onely mentioned in the law and not this mitigation which they so much doe vrge vnto vs The answer is readie The law expresseth and vrgeth the extremitie to fray men thereby from comming within the danger of the extremitie and concealeth the mitigation least it should be an encouragement to offend yet intending it as well as the extremitie and leauing it in the hand of the Magistrate to put in practise when iust occasion is offered as well as the extremitie Herein appeareth the great wisdome of the lawmakers our auncient forefathers who well and wisely foresaw that though mitigation be as necessarie as extremitie and oftentimes more yet because of the ill consciences of the most men and the readines of all men to offend thought it fitter to expresse the extremitie in plaine tearmes thereby to keepe ill men within the compasse of obedience and closely to leaue the mitigation to the discretion of the Magistrate So then our lawegiuers concealed the mitigation and expressed it not in their laws in good pollicy and to good purpose If we therefore doe onely take the extremity we take onely one part of their intent and shew our selues vnwise and shallow witted who cannot see the wisedome which they closely concealed in wise and Christian pollicie He is not worthie the name of a lawyer at least of a Christian lawyer much lesse worthie the place and seat of a Iudge who knoweth not this For if the law contained not both these it were vnrighteous and so no law For mitigation is for the good man and extremitie for the euill the carelesse and vnconscionable man if there were no extremitie how could the euil man be kept within compasse and how should the poore honest man liue if there were no mitigation So then it is warrantable by the word of God and good conscience that extremitie should be in force and should stand by law but so as it alwaies admit of mitigation whē neede is Let therefore our conclusion be to exhort euery man into whose hands is put the execution of lawes to shew himselfe as wise in executing them as were our forefathers in the making of them that is as well to regard the Mitigation which is concealed as the Extremitie which is expressed so shall the lawmakers wise intent be performed publike equitie preserued and much Iniustice and hard dealing preuented Now in regard of this that hath beene deliuered touching publike Equitie lawyers must not thinke that I haue gone beyond the compasse of my calling and encroched vpon their liberties For they are to know that the laws of men are policie but Equitie is Christianitie Now Christianitie was before there were any laws of men and therefore they must be ordered according to the rules of Christianitie Againe Diuines must take lawyers aduise concerning Extremitie and the letter of the law good reason then that lawyers take the Diuines aduise touching Equitie which is the intent of the law Moreouer their law is but the minister of equitie but our law the word of God is the fountaine of Equitie therefore the principall rules of Equitie must they fetch from our law considering that law without equitie is plaine tyrannie Lastly in the first Christian Commonwealth that euer was namely the Iewes the Diuines that is the Priests of those daies were the onely lawyers for their positiue lawes were the Iudiciall lawes giuen by God himselfe whose interpreters were the Priests and Leuites If therefore once the Diuines had so much to doe with positiue lawes it may not nowe be thought amisse if they giue aduice out of the word of God touching the equall execution of the lawes of men And so much touching the doctrine of
be sure to defend his owne life In the second place though a man forgiue the Iniurie and wrong done vnto him yet may he safely in some cases goe to lawe for recompence of that wrong It is a deuilish opinion in the world that a man cannot goe to lawe and be in charitie we must knowe that a man may goe to law yet be in charitie for to forgiue the malice and to sue for recompence are things indifferent It is not so much charitie to forbeare the recompence as it is to forgiue the malice If therefore a man forgiue not the malice he is out of charitie but he may sue for satisfaction and be in charitie The scripture forbids not mens going to lawe but tels them how they should doe it lawe is not euill though contentious men and vnconscionable lawyers haue vilely abused it but it Gods ordinance and may lawefully be vsed so it be on this manner First it must not be for euery trifle euery trespas euery ill worde but in these cases a man is both to forgiue the malice and to remit the recompence because he is little or nothing at all hurt by it For example A poore man steales a little meat from thee in his hunger let the law take hould on him but pursue thou him no more for it then by the law thou needs must Againe thy neighbours cattell doth trespasse thee thou must not go to lawe for it the malice be it more or lesse thou must forgiue in Christianitie for conscience sake and the damage is so small as that therefore thou maist not go to lawe for it For the law is abused in beeing executed vpon trifles and those lawyers shame themselues and dishonour their profession who are willing that euery trespasse of sixpence damages be an accion in the law this is one of the causes of the base and vile names that are giuen to the lawe and lawyers in these daies because the law is imployed vpon sueh trifles And it is to be wished that the supreme Magistrate would take order to restrain this generall euil that contentious men vnconscionable lawyers might not conspire together to pester the law with these trifles and though men be so vnconscionable as to run to the law for euery trespasse yet should lawyers be so conscionable and so wise as they should driue them from the law againe Thirdly thy neighbour giues the ill woords raiseth or carrieth euill tales of thee Equitie is not to go to law for euery euill woord but to consider that for the malice thou art to forgiue it and for the damage it cannot be great because many mens tongues are no slander neither art thou any thing worse for it especially when he dare not stand to that he hath said as for the most part they do not The second caution in going to law is that it must not be the first but the last meanes of peace Law is a kind of warr as therefore warr is to be the last meanes of publick peace so should the law be the last meanes to be vsed for the attaining of priuat peace All meanes must be tried ere thou goe to lawe and if none will serue then is the law ordained for thee whereby to recouer thy right and to maintaine equitie for as to go to law for a trifle or at the first is extremitie and so Iniury so to go to the lawe for a cause sufficient and after other meanes vsed in vaine is Iustice and equitie and no extremitie Here therefore let all Christians learne how to go to law and the rather I do vrge this point because the law is notoriously abused and it is almost incredible what infinit sommes and masses of money are daily spent in it most vnnecessarily insomuch as the lawyers do exceed in welth any other sort or calling for men in this whole realme For reformation whereof let men but learne and practise the two former rules 1. lawe is not ordained to be a Iudge of euery trifle It is a shame to our lawe that men be suffered in the common wealth to arreast each other for debts of small value so as tenne times and otherwhiles twenty times as much is spent for the recouery of them as the principal is Are not we a Christian commonwealth why then haue we not the wisdome to appoint another an easier and a directer waie for the recouery of such debts and if there be no other way why doth not a Christian man stay for it or loose it rather then goe to law for it It is a shame for our nation that there should be at one Assises ouer England so many hundreth actions of trespasses wherein the dammage is little or nothing To reforme these is a worke worthie of a Prince and euery man should put to his helping-hand to it Secondly let law be thy last remedie This rule controlls another foule misorder in our land Men are sued when they would gladly compound when they would willingly satisfie by priuate order they are compelled to answer by law And yet there is a worse thing then this the law which should be the last is not onely made the first meanes but whereas it should be open and publike it is vsed as a close secret meanes it steales vpon men as the phrase is For men are sued afore they know and great charges come vpon them ere they are told of it by them that sue them Is this equitie yea is it not rather extremitie And yet alas how commō is it in most places Let therefore euery Christian man remember his lesson here taught by the Apostle Let your equitie be knowne to all men But it seemes then will some say that men may not goe to lawe I answer thou maiest goe to lawe though not for trifles yet for things of waight as for the pursuit of a notorious theife to his due and iust triall for the title of thy lands for the recouerie of thy iust and due debts of value and of thy childs portion for the making straight of great accounts for the triall of thy good name when thou art so slaundered and by such as that thy credit is publikely indangered for these and such like causes thou maiest goe to law whē by other more easie meanes thou canst not procure a reasonable satisfaction For then it is vnlawfull to sue for the greatest cause in the world The trueth of all this doctrine doeth Paul teach the Corinths whome he reprooueth of three faults 1. that they went to lawe before heathē Iudges 2. for euery cause 3. they vsed no priuate meanes of satisfaction but ranne to the lawe at the first The first of these cannot be our sinne for we haue no heathen Iudges in as much as our state and gouernment by the mercie of God is not heathenish but we haue a Christian commonwealth But the other two are the generall sores of this land let vs therefore labour to heale them and to
others and of whose amendment there is no hope Now suppose a young boy pinched with hunger cold and pouertie steales meate apparell and other things for releife beeing pressed to it by want and not hauing knowledge or grace to vse better meanes to put this person to death for this facte is the extremitie of the law in respect of the circumstances of the person who did it beeing a childe and of the end for which he did it to releiue his wants Now the moderation in this case is when vpon these considerations that first he is not an olde nor a practised theife but young and corrigible one that beeing reformed may liue long and prooue a good member in the common wealth and secondly that his theft was not hainous but the things he stole were of small value and thirdly that he did it not vpon a malitious cruel and iniurious intent but to releiue his hunger and want The equitie or moderation I say in this case is not to inflict death for that were extremitie but to determine a punishment lesse then death yet such a one as shall be sufficient to reforme the partie from his sinne to punish the fault to terrifie others and to satisfie the law Thus in this example it apeares manifestly what this moderation is and what is extremitie which is contrary to it and the same might we see in many more Now hauing thus considered these two together here vpon we may see what this publicke equitie is namely nothing els but a moderation and mittigation of the extremitie of a law vpon honest and conuenient reasons and in such cases as were not directly intended in the law The obseruation and due practise of this equitie is the glorie credit and honour of all publicke assemblies as assises sessions and all courts of iustice and without the obseruation of this when need is all that they do is flat iniustice in that case For they lame and maime the lawe they fulfill but the one part of the lawe for in euery lawe there are these two thinges the extremitie in plain tearmes and the mittigation implied and these two together make the lawe perfect and the glory of the lawe standes as well in practising of mittigation as in the execution of extremitie nay sometime it standes in the mittigation and not in the extremitie insomuch as the moderation is then the equitie of the lawe and the extremitie is more iniustice And as this is the glory of the lawe so is it the glory of Iudges and Magistrates thus to execute the lawes and to temper them with such discretion as neither too much mittigation do abolish the law nor too much extremitie leaue no place for mittigation Therefore to make an end of this point two sortes of men are here reproueable First such men as by a certain foolish kind of pittie are so carried away that would haue nothing but mercy mercy and would haue all punnishments forfaitures penalties either quite taken away and remitted or at least lessoned and moderated they would also haue the extremitie of the lawe executed on no man This is the high way to abolish lawes and consequently to pull downe authoritie and so in the end to open a dore to all confusion disorder and to all licentiousnes of life But I need not to say much herein for there are but few that offend in this kind mans nature beeing generally inclined rather to crueltie then to mercie This fault proceedeth either from a weakenes of witt and an effeminatenes of minde and then a man is vnfit to be a Iudge or else from vaine glorie and a base and affected popularitie and such a man is vnworthy to be a Iudge But in the second place this doctrine and the very scope of this text condemnes another sort of men which are more combersome that is to say such men as haue nothing in their mouthes but the lawe the lawe and Iustice Iustice in the meane time forgetting that Iustice alwaies shakes hands with her sister mercie and that all lawes allowe a mittigation The causes of this euill are two 1. The generall corruption of mans nature which is alwaies readie to deale too hardly with other men as also too mildely with themselues and partially in their owne causes 2. And secondly for the most part such men doe gaine more by lawe then by equitie more by extremitie then by mittigation as the souldier liues better by warre then by peace and as the flesh-flie feedes on the wound that cannot feede on the sound flesh so these men gaine by law that which they can neuer get by equitie for equitie and moderation breede vnitie and if all men were at vnitie what should become of them but extremitie breeds variance for in reason one extremitie drawes on an other and so in mens variances they are set on worke and the more the better for them These men therefore sticke so precisely on their points and on the very tricks and trifles of the law as so the law be kept and that in the very extremitie of it they care not though equitie were troden vnder foote and that law may raigne vpon the earth and they by it they care not though mercie take her to her wings and flie to heauen These men for all their goodly shewes are the decayers of our estate and enemies to all good gouernment For though they haue nothing in their mouthes but Iustice Iustice and haue banished mercie yet let them know that Iustice will not stay where mereie is not They are sisters and goe alwaies hand in hand they are the two pillars that vphold the throne of the Prince as you cannot hold mercy where Iustice is banished so cannot you keepe Iustice where mercie is exiled and as mercie without Iustice is foolish pitie so Iustice without mercie is crueltie So that as these men haue banished mercie so within a short time they will send Iustice after her and crueltie and oppression will come in their rooms which are the very ouerthrow of all estates These men when they are made practisers of the law Iudges or Magistrates are to learne this lesson which the holy Ghost here teacheth Let you Equitie be knowne to all men and let all Magistrates thinke it their honour to be counted mercifull Iudges let them reioyce as well to shew mercie when there is cause as to execute extremitie when there is desert and let them labour for that Christian wisdome and discretion wherby they may be able to discerne when mercie and mitigation should take place and when extremitie should be executed If inferiour Iudges or Magistrates be negligent herein then must we haue recourse to the Prince the highest Iudge on earth and vnder God the first fountaine of Iustice and mercie whose care must be that as Iustice and mercie not one of them but both together doe vphold his throne and fasten the Crowne vpon his head so he likewise see them both maintained and take
order that in the execution of his owne lawes there be alwaies a roome as well for mercie and mitigation as for Iustice and extremitie This must he doe because his lawes cannot be as Gods lawes are Gods lawes are perfect and absolute and of such an vniuersall righteousnes as that at all times and in all places they are of equall strength and of the same equitie in all cases and therefore are to be executed without dispensation relaxation or any mitigation which cannot be offered vnto thē but with iniurie and violation But mens lawes comming from their owne wits are imperfect and so in all cases they doe not hold the same equitie and therefore must needes be executed with a discreet and wise moderation This moderation is publike equitie and this publike Equitie is the scope of this text and the due practise of it in the execution of mans lawes is the glorie of all Christian Commonwealths Hitherto of the first and principall branch of Publike Equitie To proceede further As this publike Equitie principally stands in the moderation of the laws of men so it descends more specially euē to all the publike actions of a mans life so that by the rule and direction of this Equitie thus described men may know how to guide themselues in suing bondes and taking forfeitures and how men may with good conscience carrie themselues in suretyships in taking of fines in letting of leases and in all manner of mutuall bargains betwixt man and man By vertue of this a man may see how to frame all these and such like actions in such sort as himselfe shall reape credit and gaine ynough his neighbour helpe and succour by him For in forfeitures of bonds forfeitures of lands or leases in suretyships in rents in fines and all other dealings of men togither there are these two things First the extremitie that is that which the law will affoard a man in that case and there is secondly the moderation of the extremitie vpon good and conuenient reasons let vs consider of them in some fewe examples A man is bound to another in an hundreth pound to pay fiftie at a day The same man not by negligence but by some necessitie breakes his day and afterwards brings the principall debt Now to take the forfeiture is in this case extremitie though the law doth yeeld it And if a man stand vpon this extremitie he deales not honestly and equally but hardly and extremely with his neighbour and the law cannot free him in this case from manifest Iniustice What is then the moderation in this case Euen this to take thine owne and remitte the forfeiture the reason is because the cause groūd of appointing a forfaiture was not for aduantage but only for the better securitie of the principall which seeing thou hast thou hast that which the law did intēd thee Againe his breach was not wilful or with purpose to hurt thee but against his will If therefore thou beest directly damnified by his missing thy day without all aequiuocation then take thy reasonable dammages out of his forfeiture if not then remitte the vvhole forfeiture and this moderation is publike equitie And without this there can be no buying nor selling borrowing nor lending betwixt mā man See another example One takes a lease of thee for yeares to pay thee such a rent for not paiment of that rent his lease to be voide The poore man misseth his rent day now what saith the lawe his lease is forfeited but to take this aduantage is the extremitie of the lawe the moderation is to remit the same forfeiture in part or in whole as thou shalt see reason in equitie and conscience This moderation is in this ease Publike equitie and without this there can be no letting of lands betwixt man and man So for fines and rents the lawe saith Thou maiest make the most of thine owne if thou stretch this law as farre as the very wordes will beare then maiest thou make such fines and rents as may grinde the faces of the poore so as no man shall liue vnder thee but thus to doe is Extremitie and beyond the purpose of the lawe The moderation in this case is not to take all thou maist get but so to fine and rent thy lands as he that takes them may liue of thē The reason of this Mittigation is because enuie and hatred may often make many men offer more for a farme then it is worth to crosse and hurt their neighbour or to get all into their owne hand Here therefore though the lawe doeth yeild thee all that which a man doeth willingly offer yet must thine owne conscience be a lawe vnto thee to make thee a moderator of that extremitie Let these three examples serue for many Now in these and all other publike dealings betwixt men in the world a man obserues Publike equitie when he dealeth not with his neighbour according to that extremity which the strickt wordes of the lawe will beare but according to that Moderation which good conscience requireth which the lawe it selfe in some cases doth admit By the knowledge of these two a man that hath any conscience may see howe to carrie himselfe in all these ciuill affaires in an euen vpright and equall course and warrantable not onely by the lawe of the land but euen by the law and word of God And I make this distinction of the lawe of the land and the word of God because we are to knowe this for a rule That euery extremitie which a law in the strictest acception doeth affoard is not warrantable to be vrged by the word of God and yet notwithstanding it is good conuenient and requisite that the extremitie be warranted by the lawe because in some cases it must needes be executed The lawes of men may ordaine and appoint extremities but the law of God must tell vs when to vrge them and when to moderate them So then when a man takes the extremitie he doeth that that is alwaies warrantable by the lawe but in some cases is not warrantable by Gods word which commandeth a Mittigation when there is good reason for it But he that taketh the extremitie when there is no iust cause of mitigating it and againe doth mittigate it when there is cause his course is not onely warrantable by the lawes of men but euen by the lawes of God also For it is the dutie of euery Christian man to remember in all his bargains and dealings that his manner of dealing must not onely be warranted by the lawes of the land but euen by Gods word also and this is to be knowne and taken for a generall rule in all this treatise And he that will duely consider the true difference of extremitie and moderation as they are here described may see how to carrie himselfe in all his dealings so as they may be warrantable both by our owne lawes and by the word of God To returne then to the