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

Again, 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 equivocation) then take thy reasonable damages, out of his forfeiture, if not, then remit the whole forfeiture; and this moderation is public equity. And without this, there can be no buying nor selling, borrowing nor lending, betwixt man & man. See another example. One takes a lease of thee, for years, to pay thee such a rent; & for not payment of that rent, his lease to be void. The poor man misseth his rent day, now what saith the law? his lease is forfeited, but to take this advantage, is the extremity of the law: the moderation is, to remit the same forfeiture, in part, or in whole, as thou shalt see reason in equity and conscience: This moderation is in this ease, Public equity, and without this, there can be no letting of lands, betwixt man and man.

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 law saith, Thou mayest make the most of thine own, if thou ⟨p. 23⟩stretch this law as far as the very words will bear, then mayest thou make such fines and rents, as may grind the faces of the poor, so as no man shall live under thee: but thus to do is Extremity, and beyond the purpose of the law.