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

To return then to the matter, and to end this point of public equity: If any man shall object, that this moderation is a wrong to the law: I answer, it is not: for it is neither against the law, nor altogether besides the law, but only beside the stricttest meaning ⟨p. 26⟩of the law. Nay it is included in the law, as well as the extremity is, though not in the same manner: for the extremity is warranted by the law, mitigation is but tolerated: the law alloweth extremity, but it only admitteth a mitigation. So then, both extremity and mitigation, are within the law, but it is in the hand principally of the Magistrate, and in some cases, of other men also, to discern the several circumstances, when the one is to be executed, & when the other: for sometime one is the justice of the law, and sometime the other: and according as these two are justly and wisely executed or neglected, so is the justice of the law executed or neglected.

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 ⟨p. 26⟩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 equity in mens public actions, is the cause of much cruelty, oppression, and inequality in dealings betwixt man and man: because extremity is for the most part only regarded, and mitigation is banished out of all bargains. And it is impossible, to keep good conscience in forfeitures of bonds, and in forfeiture of lands, suretiships, fines, rents, and such kind of actions, unless