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

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 ⟨p. 34⟩publicness or privateness of the persons, but of the actions: therefore as that is Public Equity, which is exercised in the determining of public actions, which come to the judgement of the law: so that is Private Equity, which is practised in the managing of Private Actions, which are begun and concluded privately betwixt man and man, and never come to public hearing, nor trial of the law.

But ere we goe further, some may demande the difference betwixt publike and priuate actions. Priuate actions of men are such, as are practised amongst men, without any helpe of the lawe: as contrariwise, Publike actions are such, as cannot be performed but by the helpe of the lawe, and the hand of the Magistrate. Wherevpon it followeth, that publike actions may be betwixt priuate ⟨p. 33⟩men, and priuate actions betwixt publike persons: there is a publiknes and a priuatenes (as I may tearme it) both of men and actions. A man is priuate, vntill he be exalted vnto some authoritie, in Church or Commonwealth: then he is a publike person. An action is priuate, as long as it is begunne and handled betwixt two men, and needeth not the publike voice, nor censure of the law to determine it, and then it is publike. For example: a Magistrate may haue dealing with an other man, or two Magistrates together. If they determine it together betwixt themselues, it is a priuate action, because they doe it, not as they are Magistrates, but as they are men: and so there is a priuate action betwixt publike persons. So a priuate man no Magistrate, may haue a trespasse, a debt, a forfeiture, or any other action or demand against another man: wherein (because he cannot come to a reasonable and equall ende, by priuate meanes) he craues the helpe of the law, and the voice of the Magistrate: and so here is a publike actiō betwixt priuate men. Now this vertue of Equitie respecteth not the