A09403:39
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.
This mitigation is in the hand of the Magistrate, as well as the extremity: nay it is a part of his duty as well as the former: and he offends as well, that neglects to mitigate the extremity, when just occasion is: as he that neglects to execute the extremity, when there is need. As therefore, he is no way fit to be a Judge, who hath no knowledge, or care to execute the law: so he is but half a Judge, who can do nothing but urge the law, and the plain words of the law, and is not able also, to mitigate the rigour of of the law, when need so requireth. Therefore every Magistrate, is to practise ⟨p. 11⟩this with the other, and not to separate those things which God hath joined.
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 ⟨p. 11⟩this with the other, and not to separate those things which God hath ioyned.
But now least this moderation, and mitigation of mans laws, (which is the practise of public equity) should turn to the maintenance of malefactors, the abolishing of laws, the despising or weakening of authority, (which in these days little needeth) we must therefore now remember this caution. That there must be no mitigation, but honest, profitable, and convenient. If any man ask, when is it so? I answer in three cases.
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.