A09403:111
Hepieíkeia: or, a treatise of Christian equity and moderation. Delivered publicly in lecturesHepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures
Hepieíkeia: or, a treatise of Christian equity and moderation. Delivered publicly in lectures by M. W. Perkins, and now published by the consent of his assigns in Cambridge by a preacher of the wordHepieíkeia: 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
Cambridge: printed by John Legat, 1604Cambridge: printed by Iohn Legat, 1604
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Secondly, let law be thy last remedy. This rule controls another foul misorder in our land. Men are sued, when they would gladly compound: when they would willingly satisfy by private order, they are compelled ⟨p. 62⟩to answer by law. And yet there is a worse thing then this: the law which should be the last, is not only made the first means, but whereas it should be open and public, it is used as a close & secret means: it steals upon men (as the phrase is.) For men are sued afore they know, and great charges come upon them, ere they are told of it, by them that sue them. Is this equity? yea is it not rather extremity? And yet (alas) how common is it in most places. Let therefore every Christian man, remember his lesson here taught by the Apostle, Let your equity be known to all men. But it seems then, will some say, that men may not go to law. I answer, thou mayest go to law, though not for trifles, yet for things of weight, as for the pursuit of a notorious thief, to his due and just trial: for the title of thy lands: for the recovery of thy just and due debts of value: and of thy child's portion: for the making straight of great accounts, for the trial of thy good name, when thou art so slandered, and by such, as that thy credit is publicly endangered: for these and such like causes, ⟨p. 63⟩thou mayest go to law, when by other more easy means, thou canst not procure a reasonable satisfaction. For then it is unlawful to sue for the greatest cause in the world.
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 ⟨p. 62⟩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,