THe Apostle in this chapter , giues sundry exhortations , to many Christian duties . In the first verse , to perseuerance in faith and true religion . In the 2. and 3. to mutuall concord . In the 4. to a spirituall ioy in the Lord .

In this 5. verse , he exhorteth to the vertue of Equitie , or moderation of minde . Our English translations commonly read it thus . Let your patient minde be knowne to all men . which though it be truly and well said , yet the wordes translated haue a larger and fuller signification . Therefore according to the nature and force of the wordes , I rather chuse to read it thus : Let your equitie or moderation of mind be knowne &c.

The wordes containe 2. partes .

1. An exhortation , Let your equitie be knowne to all men . 2. An excellent reason to enforce it : the Lord is at hand .

The drift and scope of the exhortation is , to perswade the Phillippians , and in them the whole Church , to the practise of Equity .

Now this Equitie , wherevnto the holy Apostle so earnestly exhorteth , is , a worthy christian vertue , so excellent , as the carefull practise thereof , is the marrow and strength of a common weale , and where it is , there cannot but be peace , and contentment in all estates : and so necessarie : as without the practise of it , no house , familie , society , cittie , common-welth , kingdome , or Church can stand or continue . Indeed a kingdome may be established by force and armes , by violence and crueltie : but it cannot stand or continue , without this equitie , and christian moderation betwixt man and man . Nay ciuill society , and common dealing betwixt man and man cannot continue , vnles one man yeild to an other . In a word , there can be no peace in families , no sound nor lasting loue , betwixt man & wife , nor any comfortable quietnes , where one doth not yeild to the other , and one beare with an other in many things . And if it be so in marriage , which is the neerest coniunction , and the most excellent and perfect societie , which is in this world : then is it much more true , in all other societies of men , that there can be no peace , no christian neighbour-hood , no true frendship , vnles one beare with another , and one towards another do carry himselfe , in an euen and moderate course .

Seeing therefore this is so necessary and excellent a vertue , I haue purposed to speake of it at large . Let vs then examine these two points 1. the nature of it , 2. the kindes of it .

For the first ; Christian Equitie , is a rare and excellent vertue , whereby men vse a true meane , and an equall moderation , in all their affaires and dealings with men , for the maintaining of iustice and preseruation of peace . This I take to be the true description of the generall nature of this vertue : and herein , First , I say it is a vertue , which is conuersant about practising of a moderation , in all our courses and dealings with men . For we men can vse no meane nor moderation with God , but if we do euill , it is all to much , and if we do good , it is all to little : Againe , equitie and moderation , is to be performed of God towardes men , and not of men towardes God . For if men deale not equally towardes God , the fault is theirs and not his , God is not worse for it ; but if God dealt not moderately with men : the world would not last one houre , And lastly . where there are no faults , there is no forgiuenes : where no infirmities , there needes no moderation : but in God there is no want , no errour , no imperfection : but his loue , his mercy , and his workes of loue and mercy towardes mankind , and to his Church especially , are most perfect , therefore there needes no moderation , nor forbearance towardes God , but towardes men , who being flesh and bloud , and full of infirmitis , ( from which regeneration it selfe doth not fully free vs ) do therfore stand in need of this vertue , to be practised amongest them : els their societie and fellowship cannot endure . And further , all men in this case are alike , and therfore one hath good cause , to beare with another . The Prince is flesh and bloud as well as his subiects : the husband is flesh and bloud , as well as the wife is ; the Pastor is a man as his people and hearers are . Hence it followeth , that therefore one is subiect to infirmities , as well as an other : and therefore I conclude , that in all our courses & dealings of man with man in this word , there must be practised a christian moderation .

Secondly , I say in the description , that the end of this vertue , is to maintaine Iustice , & to preserue peace ; which two are the very sinewes and strength , of a Christian kingdome ; for where we do not to other men , as we would others should do to vs : there is no iustice . And where we will not passe by small faultes , and forbeare infirmities , there can be no peace : such is the excellency of this vertue , as it serues to maintaine two other such great and principall vertues , as are euen the harte , and the braine of the common-wealth , namely : Iustice and Peace .

But for the more exact , and particular knowledge of the nature of this necessary vertue : let vs descend to the particular branches , and kindes of it .

Christian Equitie therefore , is either publicke or priuate .

Publicke equitie is that , which is practised in publicke metings and assemblies of men , as in Courts of iustice , Assises , Sessions , Counsells , Parliments , and such like .

The matter , where about this publicke equitie is conuersant : is the right and conuenient , and the moderate and discrete execution of the lawes of men .

Lawes of men , made by lawfull authoritie , according to Gods law , and for the common good are , and are to be estemed , bones and sinewes to hold to gether , proppes and pillers , to vphold the common-wealth , and all societies . God therefore hath giuen to Kings , and to their lawfull deputies : power and autoritie , not onely to commaund and execute his owne lawes , commanded in his word : but also to ordaine and enact , other good and profitable lawes of their owne , for the more particular gouernement of their people , and to be helpes for the better executing of the lawes of God . And also to annexe a punishment and penaltie , to the said lawes : which penaltie is to be according to the qualitie of the fault , greater or lesse : in so much that they may in many cases , ( if the common good so require ) inflict euen death it selfe . And further God hath giuen these goddes vpon earth , a power as to make these lawes , and annexe these punishments : so also vpon mens defaults and breaches , hath he giuen them authoritie to execute the law so made , and to inflict vpon the offender , the punishment annexed .

Now because this point is of great moment , in a common wealth : and the true knowledge and due practise thereof , is the glory and bewtie of a kingdome : therefore for the better direction herein , both of prince and people , magistrate and people gouerned : let vs enter further into the consideration thereof .

In the lawes of common-wealthes , two things are to be considered , the sight whereof will giue great light , to know more perfectly , what this publicke equitie is .

These are 1. the extremitie of the law . 2. the mittigation of the law .

Both these , are put into the hand of the Magistrate by God himselfe , to be ordered according to his discretion , and as the circumstance requireth ; and of them in order . The extremitie of the law , is , when any law of man , is vrged and executed straightly and precisely , according to the literall sence , and strict forme of the wordes , and the exactest meaning , that can be made out of the wordes , without any manner of relaxation , at that time , when there is good and conuenient cause of mittigation , in regard of the person offending .

This point cannot well be expressed in sewer wordes .

The principall and most materiall clause in this discription of extremitie , is in those wordes . At that time , when there is iust cause of mittigation , in regard of the person offending . For if there be no good cause of mittigation : then it is not called , extremitie : but iustice of the law : but when there is good cause , why in a Christian consideration of some circumstances , this iustice should be mittigated , and yet is not , but contrariwise is extremely vrged , and pressed to the furthest : then it is extremitie . Now this extremitie of the law , is in this case so farre from iustice , as indeed it is flat iniustice . And herein is the prouerbe true . Summum Ius summa iniuria ; that is , the extremitie of the law , is extreme iniurie . And of this doth the holy ghost meane , Eccles. 7. 8. be not ouer iust , that is , presse not iustice to farre , nor vrge it to extremely in all cases , least sometimes you make the name of iustice , a couer for crueltie .

Now besides this , there is a second thing in the hand of the Magistrate , namely the moderation , relaxation , or mitigation of this extremitie : and that is , when the proper forme of the wordes , and the strictest meaning of the law is not vrged , and the punishment prescribed in the law , is moderated , or lessened , or deferred , or ( it may be ) remitted , vpon good and sufficient reason ; and in such cases , as whereof the lawe speakes not directly , nor the law-maker did purposely aime at . The ground of this mittigation is , because no lawe makers beeing men , can foresee , or set downe , all cases that may fall out . Therefore when the case altereth , then must the discretion of the lawemaker shew it selfe , and doe that , which the law cannot doe .

This mitigation is in the hand of the Magistrate , as well as the extremitie : nay it is a part of his dutie as well as the former : and he offends as well , that neglects to mitigate the extremitie , when iust occasion is : as he that neglects to execute the extremitie , when there is neede . As therefore , he is no way fit to be a Iudge , who hath no knowledge , or care to execute the lawe : so he is but halfe a Iudge , who can doe nothing but vrge the lawe , and the plaine words of the lawe , and is not able also , to mittigate the rigour of of the lawe , when neede so requireth . Therefore euery Magistrate , is to practise this with the other , and not to separate those things which God hath ioyned .

But now least this moderation , and mittigation of mans lawes , ( which is the practise of publike equitie ) should turne to the maintenance of malefactors , the abolishing of lawes , the despising or weakening of authoritie , ( which in these daies little needeth ) we must therefore nowe remember this caution . That there must be no mittigation , but honest , profitable , and conuenient . If any man aske , when is it so ? I answer in three cases .

First , when the mittigation stands with the lawe of nature .

Secondly , when it agreeth with the morall lawe , or any part of the written word .

Thirdly , when an inferiour law is ouer-ruled or countermanded by a higher lawe .

In these three cases , the moderation of mens lawes and the mittigation of the punishment due , by the extremitie of these lawes , is honest and good , and may and ought to be practised .

But if it be contrarie , and not warranted by some of these : then that mittigation is flatt iniustice , and a manifest wrong vnto the law .

That the difference of these two , the extremitie and mittigation , may better be discerned , let vs consider it in some examples .

It is the law of England , and many other countries , that the theife shall die .

Now though the word of God , hath not the same punishment in plaine tearmes : yet is the law good and warrantable , as shall appeare in the sequell , and I thinke is doubted of by none .

The drift of this law is , to represse that common and generall sinne of the euerie , a preuailing sinne , as any other , and so farre preuailing ; as the rigour of good lawes is necessarily required , for the repressing of it : so that this lawe was made , for the cutting off of such rotten members , as doe but corrupt others , and of whose amendment there is no hope .

Now , suppose a young boy pinched with hunger , cold , and pouertie , steales meate , apparell , and other things for releife , beeing pressed to it by want , and not hauing knowledge , or grace to vse better meanes : to put this person to death , for this facte , is the extremitie of the law , in respect of the circumstances of the person , who did it , beeing a childe : and of the end , for which he did it , to releiue his wants .

Now the moderation in this case is , when vpon these considerations , that first , he is not an olde , nor a practised theife : but young and corrigible ; one that beeing reformed , may liue long , and prooue a good member in the common wealth : and secondly , that his theft was not hainous , but the things he stole were of small value : and thirdly , that he did it not vpon a malitious , cruel , and iniurious intent , but to releiue his hunger and want . The equitie or moderation , I say in this case , is not to inflict death , ( for that were extremitie ) but to determine a punishment , lesse then death : yet such a one , as shall be sufficient , to reforme the partie from his sinne , to punish the fault , to terrifie others , and to satisfie the law .

Thus in this example , it apeares manifestly what this moderation is , and what is extremitie , which is contrary to it : and the same might we see in many more .

Now hauing thus considered these two together , here vpon we may see what this publicke equitie is , namely nothing els , but a moderation and mittigation of the extremitie of a law , vpon honest and conuenient reasons , and in such cases , as were not directly intended in the law . The obseruation and due practise of this equitie , is the glorie , credit and honour of all publicke assemblies , as assises , sessions and all courts of iustice , and without the obseruation of this when need is , all that they do is flat iniustice in that case . For they lame and maime the lawe , they fulfill but the one part of the lawe : for in euery lawe there are these two thinges ; the extremitie in plain tearmes , and the mittigation implied : and these two together make the lawe perfect : and the glory of the lawe , standes as well in practising of mittigation , as in the execution of extremitie , nay sometime it standes in the mittigation , and not in the extremitie , insomuch as the moderation is then the equitie of the lawe , and the extremitie is more iniustice . And as this is the glory of the lawe , so is it the glory of Iudges and Magistrates , thus to execute the lawes , and to temper them with such discretion , as neither too much mittigation , do abolish the law , nor too much extremitie leaue no place for mittigation . Therefore ( to make an end of this point ) two sortes of men are here reproueable . First such men , as by a certain foolish kind of pittie , are so carried away , that would haue nothing but mercy , mercy , and would haue all punnishments , forfaitures , penalties , either quite taken away , and remitted , or at least lessoned , and moderated , they would also haue the extremitie of the lawe executed on no man . This is the high way to abolish lawes , and consequently to pull downe authoritie , and so in the end to open a dore to all confusion , disorder , and to all licentiousnes of life . But I need not to say much herein , for there are but few that offend in this kind , mans nature beeing generally inclined , rather to crueltie then to mercie : This fault proceedeth either from a weakenes of witt , and an effeminatenes of minde ; and then a man is vnfit to be a Iudge ; or else from vaine glorie , and a base and affected popularitie , and such a man is vnworthy to be a Iudge .

But in the second place , this doctrine and the very scope of this text , condemnes another sort of men , which are more combersome ; that is to say , such men as haue nothing in their mouthes , but the lawe , the lawe : and Iustice , Iustice : in the meane time forgetting , that Iustice alwaies shakes hands with her sister mercie , and that all lawes allowe a mittigation . The causes of this euill are two .

1. The generall corruption of mans nature , which is alwaies readie , to deale too hardly with other men : as also too mildely with themselues , and partially in their owne causes .

2. And secondly , for the most part , such men doe gaine more by lawe , then by equitie , more by extremitie , then by mittigation : as the souldier liues better by warre , then by peace ; and as the flesh-flie , feedes on the wound , that cannot feede on the sound flesh : so these men gaine by law , that which they can neuer get by equitie : for equitie and moderation breede vnitie , and if all men were at vnitie , what should become of them ? but extremitie breeds variance : for ( in reason ) one extremitie drawes on an other , and so in mens variances they are set on worke : and the more the better for them . These men therefore , sticke so precisely on their points , and on the very tricks and trifles of the law , as ( so the law be kept , and that in the very extremitie of it , ) they care not , though equitie were troden vnder foote : and that law may raigne vpon the earth , and they by it : they care not , though mercie take her to her wings , and flie to heauen . These men ( for all their goodly shewes ) are the decayers of our estate , and enemies to all good gouernment . For though they haue nothing in their mouthes , but Iustice , Iustice , and haue banished mercie , yet let them know , that Iustice will not stay where mereie is not . They are sisters , and goe alwaies hand in hand : they are the two pillars , that vphold the throne of the Prince : as you cannot hold mercy , where Iustice is banished , so cannot you keepe Iustice where mercie is exiled : and as mercie without Iustice , is foolish pitie , so Iustice without mercie , is crueltie . So that as these men haue banished mercie , so within a short time , they will send Iustice after her , and crueltie and oppression will come in their rooms , which are the very ouerthrow of all estates .

These men , when they are made practisers of the law , Iudges , or Magistrates , are to learne this lesson , which the holy Ghost here teacheth , Let you Equitie be knowne to all men : and let all Magistrates thinke it their honour , to be counted mercifull Iudges : let them reioyce , as well to shew mercie when there is cause , as to execute extremitie when there is desert : and let them labour for that Christian wisdome and discretion , wherby they may be able to discerne , when mercie and mitigation should take place , and when extremitie should be executed . If inferiour Iudges or Magistrates be negligent herein , then must we haue recourse to the Prince , the highest Iudge on earth , and vnder God the first fountaine of Iustice and mercie : whose care must be , that as Iustice and mercie ( not one of them , but both together ) doe vphold his throne , and fasten the Crowne vpon his head : so he likewise see them both maintained , and take order , that in the execution of his owne lawes , there be alwaies a roome as well for mercie and mitigation , as for Iustice and extremitie . This must he doe , because his lawes cannot be as Gods lawes are . Gods lawes are perfect , and absolute , and of such an vniuersall righteousnes , as that at all times , and in all places , they are of equall strength , and of the same equitie in all cases : and therefore are to be executed without dispensation , relaxation , or any mitigation , which cannot be offered vnto them , but with iniurie and violation . But mens lawes , comming from their owne wits , are imperfect , and so in all cases , they doe not hold the same equitie , and therefore must needes be executed with a discreet and wise moderation . This moderation is publike equitie , and this publike Equitie , is the scope of this text , and the due practise of it in the execution of mans lawes , is the glorie of all Christian Commonwealths .

Hitherto of the first and principall branch of Publike Equitie .

To proceede further . As this publike Equitie principally stands , in the moderation of the laws of men ; so it descends more specially euen to all the publike actions of a mans life : so that by the rule and direction of this Equitie , thus described , men may know how to guide themselues , in suing bondes , and taking forfeitures : and how men may with good conscience , carrie themselues in suretyships , in taking of fines , in letting of leases , and in all manner of mutuall bargains , betwixt man and man . By vertue of this , a man may see how to frame all these and such like actions , in such sort , as himselfe shall reape credit , and gaine ynough , & his neighbour helpe and succour by him .

For in forfeitures of bonds , forfeitures of lands , or leases , in suretyships , in rents , in fines , and all other dealings of men togither , there are these two things .

First , the extremitie , that is , that which the law will affoard a man in that case : and there is secondly , the moderation of the extremitie , vpon good and conuenient reasons : let vs consider of them in some fewe examples .

A man is bound to another , in an hundreth pound , to pay fiftie at a day . The same man , not by negligence , but by some necessitie , breakes his day , and afterwards brings the principall debt . Now to take the forfeiture , is in this case , extremitie : though the law doth yeeld it . And if a man stand vpon this extremitie , he deales not honestly and equally , but hardly and extremely with his neighbour : and the law cannot free him in this case , from manifest Iniustice .

What is then the moderation in this case ? Euen this , to take thine owne and remitte the forfeiture : the reason is , because the cause & ground of appointing a forfaiture , was not for aduantage , but only for the better securitie of the principall : which seeing thou hast , thou hast that which the law did intend thee .

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 whole forfeiture ; and this moderation is publike equitie . 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 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 lawe saith , Thou maiest make the most of thine owne , if thou stretch this law as farre as the very wordes will beare , then maiest thou make such fines and rents , as may grinde the faces of the poore , so as no man shall liue vnder thee : but thus to doe is Extremitie , and beyond the purpose of the lawe .

The moderation in this case is , not to take all thou maist get , but so to fine and rent thy lands , as he that takes them , may liue of them : The reason of this Mittigation is , because enuie and hatred , may often make many men offer more for a farme , then it is worth , to crosse and hurt their neighbour , or to get all into their owne hand . Here therefore , though the lawe doeth yeild thee all that , which a man doeth willingly offer , yet must thine owne conscience be a lawe vnto thee , to make thee a moderator of that extremitie .

Let these three examples serue for many . Now in these and all other publike dealings betwixt men in the world ; a man obserues Publike equitie , when he dealeth not with his neighbour , according to that extremity , which the strickt wordes of the lawe will beare : but according to that Moderation , which good conscience requireth : & which the lawe it selfe in some cases doth admit . By the knowledge of these two , a man that hath any conscience , may see howe to carrie himselfe , in all these ciuill affaires , in an euen , vpright , and equall course , and warrantable not onely by the lawe of the land , but euen by the law and word of God .

And I make this distinction of the lawe of the land , and the word of God , because we are to knowe this for a rule : That euery extremitie , which a law in the strictest acception doeth affoard , is not warrantable to be vrged by the word of God : and yet notwithstanding it is good , conuenient , and requisite , that the extremitie be warranted by the lawe , because in some cases , it must needes be executed . The lawes of men , may ordaine and appoint extremities : but the law of God must tell vs , when to vrge them , and when to moderate them : So then , when a man takes the extremitie , he doeth that , that is alwaies warrantable by the lawe : but in some cases , is not warrantable by Gods word , which commandeth a Mittigation , when there is good reason for it . But he that taketh the extremitie , when there is no iust cause of mitigating it , and againe doth mittigate it , when there is cause , his course is not onely warrantable by the lawes of men , but euen by the lawes of God also . For it is the dutie of euery Christian man , to remember in all his bargains and dealings , that his manner of dealing , must not onely be warranted by the lawes of the land , but euen by Gods word also : and this is to be knowne and taken for a generall rule in all this treatise . And he that will duely consider the true difference of extremitie and moderation , as they are here described , may see how to carrie himselfe in all his dealings , so as they may be warrantable : both by our owne lawes , and by the word of God .

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 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 equitie in mens publike actions , is the cause of much crueltie , oppression , and inequalitie in dealings betwixt man and man : because extremitie is for the most part onely regarded , and mitigation is banished out of all bargains . And it is impossible , to keepe good conscience in forfeitures of bonds , and in forfeiture of lands , suretiships , fines , rents , and such kind of actions , vnlesse there be due regard had to the practise of this publike equitie . Men therefore , must consider that they are Christians , and liue in a Christian commonwealth : And they must not stand onely vpon the lawe , and the aduantage that the law giues . As they are men , they haue a lawe of the countrie , which may allow extremitie : but as they are Christians , they liue vnder a law of God , the eternall lawe , which must iudge them at the last day : the righteous lawe , which no creature shall euer be able to blame of iniustice , or of extremitie : and men must know , that God himselfe commands this equitie of one man to another .