Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	good_a	lease_n	1,625	5	10.3950	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09403	Hepieíkeia: 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

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