A09403:75
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.
Now in regard of this, that hath been delivered touching public Equity, lawyers must not think, that I have gone beyond the compass of my calling, and encroached upon their liberties. For they are to know, that the laws of men, are policy, but Equity is Christianity. Now Christianity was, before there were any laws of men: and therefore they must be ordered according to the rules of Christianity. Again, Divines must take lawyers advise, concerning Extremity, and the letter of the law: good reason then that lawyers take the Divines advise, touching Equity which is the intent of the law. Moreover, their law is but the minister of equity; but our law the word of God is the fountain of Equity: therefore the principal rules of Equity, must they fetch from our law: considering that law without equity, is plain tyranny. Lastly, in the first Christian Commonwealth that ever was, namely, the Jews, the Divines, that is, the ⟨p. 32⟩Priests of those days, were the only lawyers: for their positive laws were the Judicial laws, given by God himself, whose interpreters were the Priests and Levites. If therefore, once the Divines had so much to do with positive laws, it may not now be thought amiss, if they give advice out of the word of God, touching the equal execution of the laws of men.
Now in regard of this, that hath beene deliuered touching publike Equitie, lawyers must not thinke, that I haue gone beyond the compasse of my calling, and encroched vpon their liberties. For they are to know, that the laws of men, are policie, but Equitie is Christianitie. Now Christianitie was, before there were any laws of men: and therefore they must be ordered according to the rules of Christianitie. Againe, Diuines must take lawyers aduise, concerning Extremitie, and the letter of the law: good reason then that lawyers take the Diuines aduise, touching Equitie which is the intent of the law. Moreouer, their law is but the minister of equitie; but our law the word of God is the fountaine of Equitie: therefore the principall rules of Equitie, must they fetch from our law: considering that law without equitie, is plaine tyrannie. Lastly, in the first Christian Commonwealth that euer was, namely, the Iewes, the Diuines, that is, the ⟨p. 32⟩Priests of those daies, were the onely lawyers: for their positiue lawes were the Iudiciall lawes, giuen by God himselfe, whose interpreters were the Priests and Leuites. If therefore, once the Diuines had so much to doe with positiue lawes, it may not nowe be thought amisse, if they giue aduice out of the word of God, touching the equall execution of the lawes of men.