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A09403 HepieĆ­keia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word Perkins, William, 1558-1602.; Crashaw, William, 1572-1626. 1604 (1604) STC 19699; ESTC S106090 38,157 104

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that facilitie as his master requireth What is to to be done in this case to see it and alwaies to checke him for it and to gall and gird him with it and euer to be casting it in his teeth and threatning him for it is the extremitie which here the Apostle condemneth The Equitie then in this case to bee performed is in consideration that it is not a fault of malice but of nature not of idlenesse nor carelesnesse but of a naturall weakenesse the Master must gently tell him of it and priuatly and seldome and aduise him what are the best helps for nature in this case And though he see not that speedie amendment which he desireth yet is he to beare with him as long as he is trustie diligent dutifull and willing and for those so many good properties he must beare with his wants and not be too sharp either in reproouing or in correcting him for them In the the third place A man hath occasion to confer often with another man by reason that they are neighbours or speciall friends or of the same calling and course of life but one of them is hastie and soone angrie and it may be in his talke either for the matter or the manner of it he cannot but shewe his anger Extremitie in this case is for a man to deale roughly with him to contradict and crosse him to denie what he saith to stand stifly to our our owne opinion to be angrie againe with him But on the other side Christian Equitie teacheth a man not to see it nor take notice of it nor to be angrie againe nor to checke him for it but to put it off by gentle words soft demaundes and other talke and to yeild to him as farre as a man may doe in good conscience without betraying of the trueth And by the way in conference hold it alwaies for a rule of Christian wisedome and priuate Equitie neuer to sticke stiffely to any opinion vnlesse it be in a plaine trueth and of great moment Now thus doing to our brother and sparing his weaknes and continuing on our speech as though we sawe not that he was angrie hereby the conference holds on and loue is continued as afore But if contrariwise we take the aduantage of his infirmitie and display it and rub him for it if we be as short as he and stand stiffely vpon points then the conference is broken off without edification and heart-burning riseth betwixt them in stead of true loue Thus we see in these examples how in a Christian moderation we are to beare and to forbeare the naturall weakenesses of our brethren if we purpose to liue in any comfort with them in this world Yet this forbearance must be with two conditions First that these wants be wants of nature not of malice nor of old rooted setled and cankred corruption Secondly if they whome wee forbeare containe thēselues within conuenient bonds and doe not exceede nor breake out into any outrage or extremitie for then they are not to be forborne but to be tolde and reprooued for them and a mans dutie is not to winke at them but to take notice of them and to shewe open dislike of them But in as much as these are wants of nature as it is infirmitie in the one to shewe them so it is the glorie and praise of the other to pardon them yea it is a token of wisedome and good gouernment and a signe that a man is a louer of peace and consequently of religion and of God himselfe to passe by them The practise of this dutie maintaines peace in kingdoms countries states cities colledges families and all societies of men Thus much for the first dutie The secōd dutie of priuate equity is to constru interpret mēs sayings that are doubtfull in the better part if possibly it may be this is to be vnderstood of all men though they be our enemies and this must a man do if he will liue in peace in this world Our nature is giuen to take men at the worst to depraue mens deeds and words to peruert them to the worst sense that may be and this is commonly the cause of debate and dissention in the world But the dutie of Christian Equitie is contrary hereunto namely to thinke the best they can of all men to construe all doubtfull actions in the better part and to make the best sense of all doubtfull speeches if we haue any probable reason to induce vs to it The Apostle makes this the propertie of loue 1. Cor. 13. Loue thinks not euill that is not onely then when there is manifest and good cause to thinke well but when it is doubtful if it may by any meanes haue a good meaning if by any means it may be well thought of loue will make a man thinke well of it the more specially a man loues another the more equally indifferently and Christianly will he interpret all his sayings and doings The want of this dutie and the practise of the contrarie is the cause of more troubles tumults garboiles fallings out and heartburnings in kingdomes countries societies and families betwixt man and man then any one thing in the world besides Dealing thus with the wordes of Christ cost him his life for when Christ said Destroy this temple I will build it in three daies they interpreted it of the temple of Ierusalem when as he meant of the temple of his bodie And the wrong and sinister interpretation of Dauids ambassage by his neighbour king Hanu● was the cause of that great war betwixt two mightie kingdomes the Israelites and the Amonites which cost so many thousands their liues For when Dauid sent Embassadours to comfort him after his fathers death he and his wicked counsellers interpreted it that he sent spies and intelligencers to find out the weaknesse of the land It cannot be spoken what broiles hurliburlies and confusions in kingdomes what contentions in eommon-wealthes what factions and diuisions in colledges societies what disquietnesse in families what vnkindnesse and falling out amongest old friends and what separation euen amongest them that should be neerest are daily in the world by reason of this sinister interpretation of mens words and deeds We therefore that doe professe our selues the children of peace must learne to make conscience of this the due practise whereof is the conseruation of peace And further in this dutie one thing more is to be remembred namely that we must not giue too sharpe a censure euen of the open and manifest euill sayings or doings of our brother we must not iudge them to be done carelesly when it may be they are done ignorantly nor deliberately when it may be they are done rashly nor presumptuously when it may be they are done vpon infirmitie nor to be done vpon hatred or malice to vs when it may be they are done for an other cause nor may we iudge an euill thing to be done for want
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