A09403:76
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.
And so much touching the doctrine of public Equity, grounded upon the word of God.
And so much touching the doctrine of publike Equitie, grounded vpon the word of God.
Now followeth the second kind of Equity, called private; namely that, which is to be exercised betwixt man and man, in their private actions.
Now followeth the second kind of Equitie, called priuate; namely that, which is to be exercised betwixt man and man, in their priuate actions.
But ere we go further, some may demand the difference betwixt public and private actions. Private actions of men are such, as are practised amongst men, without any help of the law: as contrariwise, Public actions are such, as cannot be performed but by the help of the law, and the hand of the Magistrate. Whereupon it followeth, that public actions may be betwixt private ⟨p. 33⟩men, and private actions betwixt public persons: there is a publicness and a privateness (as I may term it) both of men and actions. A man is private, until he be exalted unto some authority, in Church or Commonwealth: then he is a public person. An action is private, as long as it is begun and handled betwixt two men, and needeth not the public voice, nor censure of the law to determine it, and then it is public. For example: a Magistrate may have dealing with an other man, or two Magistrates together. If they determine it together betwixt themselves, it is a private action, because they do it, not as they are Magistrates, but as they are men: and so there is a private action betwixt public persons. So a private man no Magistrate, may have a trespass, a debt, a forfeiture, or any other action or demand against another man: wherein (because he cannot come to a reasonable and equal end, by private means) he craves the help of the law, and the voice of the Magistrate: and so here is a public action betwixt private men. Now this virtue of Equity respecteth not the