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
studie Sept. 10. 1603. Your Honours and Worships in the Lord W. Crashawe To the Christian Reader whosoeuer I Doe here present vnto thee Christian brother a small discourse of Equity deliuered by that faithfull labourer in the haruest of God Mr. William Perkins in a fewe Lectures The discourse is litle and briefe but the matter is pithie and the vse profitable Equitie and Christian moderation whether publike or priuate is the true badge of Christianitie Without publike Equitie what is the court of Iustice but turned into the seate of Iniquitie and without priuate Equity what is mans life humane societie neighbourhood nay friendship nay kindred nay marriage it selfe but euen a potion of poyson in a golden cuppe Art thou therfore a Magistrate here is taught thee howe to discharge thy place in the execution of the lawes as shall neither be vnbeseeming the lenitie of a Christian nor the seuerity of a Magistrate Art thou a priuate man here is taught thee howe to carrie thy selfe in all dealing and bargaining with another howe to demeane thy selfe towards thy wife thy seruant thy child thy friend thy neighbour in such manner as if thou hadst all the comforts and contentments of this earth yet the practise hereof shall make them all ten times more comfortable and the want hereof shall turne all their sweetnesse into gall and wormewood When therefore thou readest this little booke and withall laying it to thy life doest finde the truth of it in thy course conuersation then acknowledge the spirit of God in this holy man who now sleepes in peace praise God for him be waile his losse and helpe me and others with thy holy praiers that wee may still goe forward in this good worke of publishing these his godly labours and in deliuering out to the church of God these Iewels which the Lord from his mouth gaue vs to keepe not for our owne but for the common good Thy brother in Christ Iesus W. C. Philip. 4. 5. Let your moderation of mind be knowne to all men the Lord is at hand THe Apostle in this chapter giues sundry exhortations to many Christian duties In the first verse to perseuerance in faith and true religion In the 2. and 3. to mutuall concord In the 4. to a spirituall ioy in the Lord. In this 5. verse he exhorteth to the vertue of Equitie or moderation of minde Our English translations commonly read it thus Let your patient minde be knowne to all men which though it be truly and well said yet the wordes translated haue a larger and fuller signification Therefore according to the nature and force of the wordes I rather chuse to read it thus Let your equitie or moderation of mind be knowne c. The wordes containe 2. partes 1. An exhortation Let your equitie be knowne to all men 2. An excellent reason to enforce it the Lord is at hand The drift and scope of the exhortation is to perswade the Phillippians and in them the whole Church to the practise of Equity Now this Equitie wherevnto the holy Apostle so earnestly exhorteth is a worthy christian vertue so excellent as the carefull practise thereof is the marrow and strength of a common weale and where it is there cannot but be peace and contentment in all estates and so necessarie as without the practise of it no house familie society cittie common-welth kingdome or Church can stand or continue Indeed a kingdome may be established by force and armes by violence and crueltie but it cannot stand or continue without this equitie and christian moderation betwixt man and man Nay ciuill society and common dealing betwixt man and man cannot continue vnles one man yeild to an other In a word there can be no peace in families no sound nor lasting loue betwixt man wife nor any comfortable quietnes where one doth not yeild to the other and one beare with an other in many things And if it be so in marriage which is the neerest coniunction and the most excellent and perfect societie which is in this world then is it much more true in all other societies of men that there can be no peace no christian neighbour-hood no true frendship vnles one beare with another and one towards another do carry himselfe in an euen and moderate course Seeing therefore this is so necessary and excellent a vertue I haue purposed to speake of it at large Let vs then examine these two points 1. the nature of it 2. the kindes of it For the first Christian Equitie is a rare and excellent vertue whereby men vse a true meane and an equall moderation in all their affaires and dealings with men for the maintaining of iustice and preseruation of peace This I take to be the true description of the generall nature of this vertue and herein First I say it is a vertue which is conuersant about practising of a moderation in all our courses and dealings with men For we men can vse no meane nor moderation with God but if we do euill it is all to much and if we do good it is all to little Againe equitie and moderation is to be performed of God towardes men and not of men towardes God For if men deale not equally towardes God the fault is theirs and not his God is not worse for it but if God dealt not moderately with men the world would not last one houre And lastly where there are no faults there is no forgiuenes where no infirmities there needes no moderation but in God there is no want no errour no imperfection but his loue his mercy and his workes of loue and mercy towardes mankind and to his Church especially are most perfect therefore there needes no moderation nor forbearance towardes God but towardes men who being flesh and bloud and full of infirmitis from which regeneration it selfe doth not fully free vs do therfore stand in need of this vertue to be practised amongest them els their societie and fellowship cannot endure And further all men in this case are alike and therfore one hath good cause to beare with another The Prince is flesh and bloud as well as his subiects the husband is flesh and bloud as well as the wife is the Pastor is a man as his people and hearers are Hence it followeth that therefore one is subiect to infirmities as well as an other and therefore I conclude that in all our courses dealings of man with man in this word there must be practised a christian moderation Secondly I say in the description that the end of this vertue is to maintaine Iustice to preserue peace which two are the very sinewes and strength of a Christian kingdome for where we do not to other men as we would others should do to vs there is no iustice And where we will not passe by small faultes and forbeare infirmities there can be no peace such is the excellency of this vertue as it serues to maintaine two other
such great and principall vertues as are euen the harte and the braine of the common-wealth namely Iustice and Peace But for the more exact and particular knowledge of the nature of this necessary vertue let vs descend to the particular branches and kindes of it Christian Equitie therefore is either publicke or priuate Publicke equitie is that which is practised in publicke metings and assemblies of men as in Courts of iustice Assises Sessions Counsells Parliments and such like The matter where about this publicke equitie is conuersant is the right and conuenient and the moderate and discrete execution of the lawes of men Lawes of men made by lawfull authoritie according to Gods law and for the common good are and are to be estemed bones and sinewes to hold to gether proppes and pillers to vphold the common-wealth and all societies God therefore hath giuen to Kings and to their lawfull deputies power and autoritie not onely to commaund and execute his owne lawes commanded in his word but also to ordaine and enact other good and profitable lawes of their owne for the more particular gouernement of their people and to be helpes for the better executing of the lawes of God And also to annexe a punishment and penaltie to the said lawes which penaltie is to be according to the qualitie of the fault greater or lesse in so much that they may in many cases if the common good so require inflict euen death it selfe And further God hath giuen these goddes vpon earth a power as to make these lawes and annexe these punishments so also vpon mens defaults and breaches hath he giuen them authoritie to execute the law so made and to inflict vpon the offender the punishment annexed Now because this point is of great moment in a common wealth and the true knowledge and due practise thereof is the glory and bewtie of a kingdome therefore for the better directiō herein both of prince and people magistrate and people gouerned let vs enter further into the consideration thereof In the lawes of common-wealthes two things are to be considered the sight whereof will giue great light to know more perfectly what this publicke equitie is These are 1. the extremitie of the law 2. the mittigation of the law Both these are put into the hand of the Magistrate by God himselfe to be ordered according to his discretion and as the circumstance requireth and of them in order The extremitie of the law is when any law of man is vrged and executed straightly and precisely according to the literall sence and strict forme of the wordes and the exactest meaning that can be made out of the wordes without any manner of relaxation at that time when there is good and conuenient cause of mittigation in regard of the person offending This point cannot well be expressed in sewer wordes The principall and most materiall clause in this discription of extremitie is in those wordes At that time when there is iust cause of mittigation in regard of the person offending For if there be no good cause of mittigation then it is not called extremitie but iustice of the law but when there is good cause why in a Christian consideration of some circumstances this iustice should be mittigated and yet is not but contrariwise is extremely vrged and pressed to the furthest then it is extremitie Now this extremitie of the law is in this case so farre from iustice as indeed it is flat iniustice And herein is the prouerbe true Summum Ius summa iniuria that is the extremitie of the law is extreme iniurie And of this doth the holy ghost meane Eccles. 7. 8. be not ouer iust that is presse not iustice to farre nor vrge it to extremely in all cases least sometimes you make the name of iustice a couer for crueltie Now besides this there is a second thing in the hand of the Magistrate namely the moderation relaxation or mitigation of this extremitie and that is when the proper forme of the wordes and the strictest meaning of the law is not vrged and the punishment prescribed in the law is moderated or lessened or deferred or it may be remitted vpon good and sufficient reason and in such cases as whereof the lawe speakes not directly nor the law-maker did purposely aime at The ground of this mittigation is because no lawe makers beeing men can foresee or set downe all cases that may fall out Therefore when the case altereth then must the discretion of the lawemaker shew it selfe and doe that which the law cannot doe This mitigation is in the hand of the Magistrate as well as the extremitie nay it is a part of his dutie as well as the former and he offends as well that neglects to mitigate the extremitie when iust occasion is as he that neglects to execute the extremitie when there is neede As therefore he is no way fit to be a Iudge who hath no knowledge or care to execute the lawe so he is but halfe a Iudge who can doe nothing but vrge the lawe and the plaine words of the lawe and is not able also to mittigate the rigour of of the lawe when neede so requireth Therefore euery Magistrate is to practise this with the other and not to separate those things which God hath ioyned But now least this moderation and mittigation of mans lawes which is the practise of publike equitie should turne to the maintenance of malefactors the abolishing of lawes the despising or weakening of authoritie which in these daies little needeth we must therefore nowe remember this caution That there must be no mittigation but honest profitable and conuenient If any man aske when is it so I answer in three cases First when the mittigation stands with the lawe of nature Secondly when it agreeth with the morall lawe or any part of the written word Thirdly when an inferiour law is ouer-ruled or countermanded by a higher lawe In these three cases the moderation of mens lawes and the mittigation of the punishment due by the extremitie of these lawes is honest and good and may and ought to be practised But if it be contrarie and not warranted by some of these then that mittigation is flatt iniustice and a manifest wrong vnto the law That the difference of these two the extremitie and mittigation may better be discerned let vs consider it in some examples It is the law of England and many other countries that the theife shall die Now though the word of God hath not the same punishment in plaine tearmes yet is the law good and warrantable as shall appeare in the sequell and I thinke is doubted of by none The drift of this law is to represse that common and generall sinne of the euerie a preuailing sinne as any other and so farre preuailing as the rigour of good lawes is necessarily required for the repressing of it so that this lawe was made for the cutting off of such rotten members as doe but corrupt
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
the maintenance of peace and loue amongst them This is a doctrine little knowne and lesse regarded in the world for its a generall opinion that a man may take his owne and may lawfully stand vpon his owne right which if it be ment generally in all cases is most false nay this is a commō speach of all men I demaund but my right and I will not loose my right and this is thought a reasonable speach and he is esteemed a good man who takes no more then his right for oftentimes men stand so strictly vpon their right that they go further then their right reacheth But this is a very carnall practise and controlled by the Scripture and by the example of Christ as we heard afore But if any man obiect that the example of Christ is not to binde vs because he is the Mediatour and therefore was to performe extraordinary obedience I then answer that not onely Christ but other holy men haue practised this duty for he payeth toll not only for himselfe but for Peter also And there is a notable example of this dutie in Abraham who when his brother Lot and his sheapheards could not agree was content to depart from his right for whereas he beeing the elder might haue chosen first he notwithstanding stands not vpon that but bids his brother Lot choose whether he will and he will take what he leaueth A most equall Christian brotherly part of that holy Abraham whose faith is so much commended in the Scriptures If we therefore will be called the children of Abraham then must we be followers of him in his workes and namely in this we must oftentimes depart from our owne right In the practise of this dutie one caution onely must be remembred namely that we must distinguish of anothers right and our owne In thy owne right thou maiest yeild but when thou art to deale for another man thou must not yeild too much nor be too lauish of another mans right but this caution holdeth especially whē the cause is not ours but Gods or his churches for when it is such a trueth which directly concerneth the honour of God or the good of his Church thē must a man take heed he yeild not without warrant from Gods word For as it is equitie often to yeilde thy right so to yeilde in Gods causes is to betray the trueth If therefore thou maiest not giue another mans right frō him without his cōsent much lesse maiest thou without warrant from God yeild any thing at all of his right from him This dutie therefore is to be performed in actions that concerne our selues and wherein the losse is not Gods or his churches but our own But it is lamentable to see many men howe lauish they are in giuing from God and care not how much they loose of his glorie but stand most strictly vpon their owne points and will not yeild one inch nor loose one foote of their owne right And from hence come so many suites in law and other brabling contentions in the world all which or many of them might be staied if men had but consciēce to practise this Christian Equitie to yeild one to another in matters of their owne and of small moment it is certaine that if men in the world were not perswaded some by religion and conscience some by naturall reason and pollicie to practise this dutie it were not possible for the societie of men long to continue vpon the earth So much for the third degree The fourth and last degree of Priuate Equitie is to forbeare and to forgiue wrongs and iniuries done vnto vs in word or deed The scripture is plaine for this and so is naturall reason which teacheth that euery one that beares the name of a man should forgiue another because he beeing a man may deserue and stand in neede of the same himselfe and therefore is to doe as he would be done vnto But especially a Christian man who lookes for forgiuenesse at Gods hand for his owne sinnes must needs forgiue his brother So that to a Christian man there is a double bond or reason to tie him to this dutie One is as he is a man therefore must he forgiue him that offends him that so another man may also forgiue him when he offendeth For there is none but beeing a man and liuing amongest men he must needs offend Another more forcible reason is as he is Christian therefore must he forgiue because else how can he in reason demaund or praie for forgiuenesse at Gods hand for many thousand offences of his owne and those exceeding great when another man cannot obtaine forgiuenesse at his hands for a fewe small offences This dutie is of greater necessitie then all the former for vpon the practise of this depends the preseruation of peace but where this is not practised there is no religion no conscience nor saluation for where there is no forgiuing of another man that man is not forgiuen at Gods hands And he whose sinnes are not in Christ forgiuen and taken away that man is in the state of damnation and till he be forgiuen he can neuer be saued but he can neuer be forgiuen till he forgiue his brother and so it is plaine that euen saluation it selfe in some sort depends vpon the practise of this dutie yet not as a cause but as a signe or an effect of saluation For this is not true that euery one who forgiues is forgiuen of God but this is true that whosoeuer is forgiuen of God will forgiue his brother So then neither in reason nor in religion can a man looke for forgiuenesse himselfe vnlesse he make conscience to forgiue another Yea God hath made euery man a Iudge in this case to condemne himselfe if he doe it not when he praieth euery day that God would forgiue him euen so as he doth forgiue others Yet in this dutie of forgiuing outward iniuries two cautions are to be remembred ◠That there is a time when a man is not to forbeare and suffer but may stand vpon his guard and defend himselfe from the iniurie and that is when his life is indangered as when a man is assaulted by a theife or by his deadly enemie who seekes his life and can haue no helpe he is in that case to helpe himselfe when he must either kill or be killed then reason and religion biddes him defend himselfe being in that case that a man cannot haue the Magistrates helpe that beares the sword for his defence Gods puts for that time the sword into a mans owne hand and makes him a Magistrate for that time and occasion For in cases of such extremitie god allowes euery man to be a Magistrate not onely to defend himselfe but euen to kill his enemie if it be impossible any way els to saue his owne life and this defence of a mans selfe hinders not the dutie of forgiuing for so farre must a man forbeare and forgiue that he
be sure to defend his owne life In the second place though a man forgiue the Iniurie and wrong done vnto him yet may he safely in some cases goe to lawe for recompence of that wrong It is a deuilish opinion in the world that a man cannot goe to lawe and be in charitie we must knowe that a man may goe to law yet be in charitie for to forgiue the malice and to sue for recompence are things indifferent It is not so much charitie to forbeare the recompence as it is to forgiue the malice If therefore a man forgiue not the malice he is out of charitie but he may sue for satisfaction and be in charitie The scripture forbids not mens going to lawe but tels them how they should doe it lawe is not euill though contentious men and vnconscionable lawyers haue vilely abused it but it Gods ordinance and may lawefully be vsed so it be on this manner First it must not be for euery trifle euery trespas euery ill worde but in these cases a man is both to forgiue the malice and to remit the recompence because he is little or nothing at all hurt by it For example A poore man steales a little meat from thee in his hunger let the law take hould on him but pursue thou him no more for it then by the law thou needs must Againe thy neighbours cattell doth trespasse thee thou must not go to lawe for it the malice be it more or lesse thou must forgiue in Christianitie for conscience sake and the damage is so small as that therefore thou maist not go to lawe for it For the law is abused in beeing executed vpon trifles and those lawyers shame themselues and dishonour their profession who are willing that euery trespasse of sixpence damages be an accion in the law this is one of the causes of the base and vile names that are giuen to the lawe and lawyers in these daies because the law is imployed vpon sueh trifles And it is to be wished that the supreme Magistrate would take order to restrain this generall euil that contentious men vnconscionable lawyers might not conspire together to pester the law with these trifles and though men be so vnconscionable as to run to the law for euery trespasse yet should lawyers be so conscionable and so wise as they should driue them from the law againe Thirdly thy neighbour giues the ill woords raiseth or carrieth euill tales of thee Equitie is not to go to law for euery euill woord but to consider that for the malice thou art to forgiue it and for the damage it cannot be great because many mens tongues are no slander neither art thou any thing worse for it especially when he dare not stand to that he hath said as for the most part they do not The second caution in going to law is that it must not be the first but the last meanes of peace Law is a kind of warr as therefore warr is to be the last meanes of publick peace so should the law be the last meanes to be vsed for the attaining of priuat peace All meanes must be tried ere thou goe to lawe and if none will serue then is the law ordained for thee whereby to recouer thy right and to maintaine equitie for as to go to law for a trifle or at the first is extremitie and so Iniury so to go to the lawe for a cause sufficient and after other meanes vsed in vaine is Iustice and equitie and no extremitie Here therefore let all Christians learne how to go to law and the rather I do vrge this point because the law is notoriously abused and it is almost incredible what infinit sommes and masses of money are daily spent in it most vnnecessarily insomuch as the lawyers do exceed in welth any other sort or calling for men in this whole realme For reformation whereof let men but learne and practise the two former rules 1. lawe is not ordained to be a Iudge of euery trifle It is a shame to our lawe that men be suffered in the common wealth to arreast each other for debts of small value so as tenne times and otherwhiles twenty times as much is spent for the recouery of them as the principal is Are not we a Christian commonwealth why then haue we not the wisdome to appoint another an easier and a directer waie for the recouery of such debts and if there be no other way why doth not a Christian man stay for it or loose it rather then goe to law for it It is a shame for our nation that there should be at one Assises ouer England so many hundreth actions of trespasses wherein the dammage is little or nothing To reforme these is a worke worthie of a Prince and euery man should put to his helping-hand to it Secondly let law be thy last remedie This rule controlls another foule misorder in our land Men are sued when they would gladly compound when they would willingly satisfie by priuate order they are compelled to answer by law And yet there is a worse thing then this the law which should be the last is not onely made the first meanes but whereas it should be open and publike it is vsed as a close secret meanes it steales vpon men as the phrase is For men are sued afore they know and great charges come vpon them ere they are told of it by them that sue them Is this equitie yea is it not rather extremitie And yet alas how commō is it in most places Let therefore euery Christian man remember his lesson here taught by the Apostle Let your equitie be knowne to all men But it seemes then will some say that men may not goe to lawe I answer thou maiest goe to lawe though not for trifles yet for things of waight as for the pursuit of a notorious theife to his due and iust triall for the title of thy lands for the recouerie of thy iust and due debts of value and of thy childs portion for the making straight of great accounts for the triall of thy good name when thou art so slaundered and by such as that thy credit is publikely indangered for these and such like causes thou maiest goe to law whē by other more easie meanes thou canst not procure a reasonable satisfaction For then it is vnlawfull to sue for the greatest cause in the world The trueth of all this doctrine doeth Paul teach the Corinths whome he reprooueth of three faults 1. that they went to lawe before heathē Iudges 2. for euery cause 3. they vsed no priuate meanes of satisfaction but ranne to the lawe at the first The first of these cannot be our sinne for we haue no heathen Iudges in as much as our state and gouernment by the mercie of God is not heathenish but we haue a Christian commonwealth But the other two are the generall sores of this land let vs therefore labour to heale them and to