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	lease_n	rent_n	2,101	5	9.6869	5	true

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

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