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

Thus in this example, it appears manifestly what this moderation is, and what is extremity, which is contrary to it: and the same might we see in many more.

Thus in this example, it apeares manifestly what this moderation is, and what is extremitie, which is contrary to it: and the same might we see in many more.

Now having thus considered these two together, here upon we may see what this public equity is, namely nothing else, but a moderation and mitigation of the extremity of a law, upon honest and convenient reasons, and in such cases, as were not directly intended in the law. The observation and due practise of this equity, is the glory, credit and honour of all public assemblies, as assizes, sessions and all courts of justice, and without the observation of this when need is, all that they do is flat injustice in that case. For they lame and maim the law, they fulfil but the one part of the law: for in every law there are these two things; the extremity in plain terms, and the mitigation implied: and these two together make the law perfect: and the glory of the law, stands as well in practising of mitigation, as in the execution of extremity, nay sometime ⟨p. 15⟩it stands in the mitigation, and not in the extremity, insomuch as the moderation is then the equity of the law, and the extremity is more injustice. And as this is the glory of the law, so is it the glory of Judges and Magistrates, thus to execute the laws, and to temper them with such discretion, as neither too much mitigation, do abolish the law, nor too much extremity leave no place for mitigation. Therefore (to make an end of this point) two sorts of men are here reprovable. First such men, as by a certain foolish kind of pity, are so carried away, that would have nothing but mercy, mercy, and would have all punishments, forfeitures, penalties, either quite taken away, and remitted, or at least lessoned, and moderated, they would also have the extremity of the law executed on no man. This is the high way to abolish laws, and consequently to pull down authority, and so in the end to open a door to all confusion, disorder, and to all licentiousness of life. But I need not to say much herein, for there are but few that offend in this kind, mans nature being generally