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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
beate him with scorpions and bring him to nothing by my heauie hand but I will consider he is my child and but a man therefore will I lay vpon him no more then the nature of man is able to beare As God dealt with his sonne Salomon so this is Gods voice to all his sonnes vnto all my Church and Children will I vse such lenitie and moderation and in my chastising of them I will so abate the rigour of my Iustice that by my hand and rodde they shall not be pressed downe but rather raised vp in new obedience and learne thereby to feare and loue me more then before This should euery Christian man seriously consider of and thinke with himselfe how much this bindes a man to deale moderately with his brother when the Lord deales so moderately with him Thou sinnest God chastiseth thee most mildly and laieth not on thee the thousād part of these crosses which in Iustice he might doe Shall the Lord deale thus moderately with thee for thy many and so great sinnes and wilt thou deale so hardly with thy brother in his fewe and small offences against thee remember therefore in thy dealing with thy brother this dealing of God with thee and certainely thou canst not forget the one if thou hast tasted of the other Shew thy selfe therefore that thou hast beene partaker of Gods fauour and that thou hast felt in thy soule the sweetnesse of his mercies by beeing milde mercifull to thy brethren out of that great sea of mercies which God lets flowe ouer thee all thy life long let fall some droppes of mercie on thy brother and remembring how God deales with thee deale not thou with thy brother alwaies so hardly nor so straitly as thou maiest or he deserues Let these foure mercifull actions of god towards thee be foure strong bonds to tie thee to the obedience of this dutie to be milde and mercifull to thy brethren remembring euery day how moderately God deales with thee and howe farre from that extremitie which thou deseruest And to mooue vs hereunto let euery man be well assured that the more he hath tasted of Gods mercie the more shall men taste of his mercie and the more sinnes that a man hath forgiuen him at gods hands the more will he remit and forgiue in his brother and the more he feeles in his owne soule Gods loue and mercie to him and the more neere he is to God by his faith and repentance the more carefull will he be to deale gently with his brethren and the reasons hereof are these First God forgiueth not a man his faults but vpon condition that he shall forgiue his brother God is not mercifull to a man but vpon cōdition he shall be so to all men with whome he deales Secondly the mercie of God to vs in forgiuing our sinnes is not made knowne to the world by any meanes more then this when a man is not hard and extreame but equall and mercifull in his dealing with men Whereupon therefore it followeth that the further a man is from God and the lesse that he hath felt of Gods loue to him the lesse moderation will he performe to his brother Let euery man then be ashamed by these his extreame courses with his brethren to make it known to the world that he is an Impenitent sinner himselfe vnreconciled to God and his sinnes vnpardoned and let no man thinke he shall escape that censure if he be an vnmercifull man for certainely it is imprinted in mens dealings whether they be in Gods fauour and their sinnes are pardoned or no. Let therefore euery man when his owne crooked nature or the deuill makes him boyle against his brother in anger and vrgeth him to vse him hardly and extreamely consider with himselfe and say I liue vnder God I am more in Gods hand then this man in mine I haue offended God more then he me and if I had my desert I had now beene in hell for my sinnes but yet I liue and by his mercie I am spared and am here still But hath God spared me that I should pinch others hath he beene mercifull to me that I should be cruell to others surely therefore I will be mercifull and moderate to my brethren more then they deserue least God take his mercy from me and then what shall become of me but to be throwne suddainly into hell which I deserued long agoe nay I will by my equitie and moderation towards my brethren mooue the Lord to be still more mercifull to me without which his mercie I cannot liue one day in the world Hitherto of the Exhortation of the Apostle and of the great moderation of God to man Now followeth the Apostles reason The Lord is at hand These wordes beare two senses or meanings The first of the last iudgement the second of Gods presence The first is thus framed if the holy Ghost meant of the last iudgement Be you equall and moderate one towardes an other for God is readie in his great and generall iudgment to iudge all men and then happie is he that findes not Iustice but tasts of mercie and who shall tast of mercie then but he that shewed mercie in this world But if secondly the holy Ghost meant of Gods presence then is the argument framed thus God is present with euery man and at euery action to testifie and iudge of it and either to approoue it and reward it if it be vpright equall and mercifull or to correct and punish it if it be extreame and void of equitie therefore let your equitie be knovvne to all men Both senses are good but we will cleaue vnto the latter It is then all one as if the holy Ghost had said Vse equitie and moderation in your dealings and remember who is at your elbow stands by and lookes on readie to iudge you for it Surely there can be no better reason then this if it be setled in a mans heart for a theefe or a cut-purse if he saw the Iudge stād at his elbow and looked vpon him he would not doe euill he would stay his hand euen because he seeth that the Iudge seeth him who can presently hang him A strong reason with men and it keepes euen bad men from leud practises Consider therefore when the Iudge of Iudges the Lord of heauen and earth stands by and seeth and markes all thy actions whether they be towards thy brother as his is towards thee This ought to make the greatest man on earth feare how he deales cruelly or hardly with his brother But worldly men will not be perswaded of this but when they are laying their plots to deceiue their brother and when by iniustice and extremitie they pinch and wring him they thinke in their hearts God seeth them not nor doe they euer thinke of God but labour that God may be out of all their thoughts This is the cause of all sinne in the world for thence is it that mens hearts are hardned and that they care not how extremely they deale with men because they thinke God seeth them not nor wil cal them to account for it and doe with them as they haue done with their brother Hence comes all iniustice crueltie extremitie suits in law for trifles taking forfaitures of leases and of bonds and taking all aduantages Hence comes it that one man will not spare an other one day nor forgiue one fault nor passe by any infirmitie nor put vp the least iniurie nor yeelde one inch from his right but if his brother offend neuer so liule vpon neuer so apparent weaknes he shall heare of it on both sides as they say and if he deserue ill he shall haue his deserts to the full Thus hearts are hardened affections are immoderate bowells of compassion are shut vp loue and pitie are banished and in their roomes raigne crueltie and iniustice Moderation dwells in corners but extremitie is that which beares sway ouer all the world what is the cause of all this Surely first because men are vnsanctified and haue not repented of their sinnes so they feele not that God is moderate and mercifull to them Secondly they perswade not themselues that God seeth them therefore against this blasphemous thought the roote of all euill and cause of all sinne arme thy selfe with this reason of the Apostle and resolue of it that this is the eternall trueth of God and shall stand for euer The Lord is at hand and seeth and obserueth thee all thy doings Therefore as thou wilt escape his mightie and fearefull hand season thy doings and dealings with moderation and if thou hadst noō cscience nor no mercie in thee yet be mercifull remēbring who seeth thee and deale moderately and equally in the sight and presence of so moderate so milde and so mercifull a God so mercifull a rewarder of him that deales moderately and so powerfull a reuenger of him that deales hardly and extreamely with his brother Let vs then ende with the Apostle as we began Let your Equitie and Moderation be knowne to all men for God is at hand And thus much out of Gods word of Publike and Priuate Equitie wherein I haue not spoken all I might but giuen occasion to others to enter into further consideration thereof Trin-vni Deo gloria a Fulk in pr●● in T●st Rhe●● b Pius Grego●● Sixtus ● Paulus ●ius 4. Pius 5. Gregor Sixtus 5 Vrbanu● Gregor Innocen Clement 1. King 18 1. Sam. 5. 2 〈◊〉 4 19. 〈…〉 〈…〉 a Nund ver 603. b Catho reforma de mort de vita Prophet Calr in 〈…〉
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