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A82301 The English Catholike Christian, or, The saints utopia: by Thomas de Eschallers de la More, an unprofitable servant of Jesus Christ: of Graies-Inne barrister, and minister of the Gospel of eternall salvation. In the yeer of grace and truth, 1640. A treatise consisting of four sections. 1 Josuah's resolution. 2 Of the common law. 3 Of physick. 4 Of divinity. More, Thomas, d. 1685. 1649 (1649) Wing D884; Thomason E556_21; ESTC R205814 40,520 48

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that every Candlestick may have a Candle and that every flock may have a faithfull sheepheard to guide them And I am perswaded that this work done would prove a Catholike remedy for all our evils and the greatest means for the lengthning out our tranquility and the healing of all our distempers O Eternall and most gracious God send forth Labourers into the harvest of our Nation that may boldly and faithfully dispense thy Word and duly administer thy holy Sacraments and grant that in singleness of heart without grudging we may give them their hire O shed abroad thy holy Spirit into our hearts that we may love as brethren and be of one minde in Christ Jesus as thou our heavenly Father art one SECT II. Of the Common Law of ENGLAND NOw to this discourse of Religion I will onely adde a line or two concerning the Common Law of England which I have undertaken for my profession and calling And by Gods assistance I shall propose this as the main end in all my studies and endevours the honour of God the service of my Prince the profit of my Country and the good of the Church England hath been inhabited always with a vertuous and wise people who ever embraced honest and good customes full of reason and conveniency which being confirm'd by common use and practise and continued time out of mind became the Common Law of the Land And though this Law be the peculiar invention of this Nation and delivered over from age to age by Tradition as well as by Books yet may we truly say That no humane Law written or unwritten hath more certainty in the Rules or Maximes more coherence in the parts thereof or more harmony of reason in it nay we confidently aver that it doth excell all other Laws in upholding of a free Monarchie which is the most excellent form of Government exalting the Prerogative Royall and being very tender and watchfull to preserve it and yet maintaining with all the ingenuous liberty of the subject Moreover all men at all times and in all places doe stand in need of Justice and of Law which is the rule of Justice and of the Interpreters and Ministers of the Law which give life and motion unto Justice for Cassaneus well observeth that Justitia periret si deesset qui justitiam allegaret Our Counsellors and Advocates are the language of the Law Our Judges are the eare of the Law For the Law it self is dumbe and speaks not but by the tongue of a learned Lawyer she is blinde and seeth no enormities but by the eye of a watchful and diligent Officers and she is deafe and heareth no complaints but by the eare of a grave and patient Judge Those Honourable persons whose true minde hath advanced them to the most transcendent places of honour that can possibly be attained in our profession that is to be Hearers Judges and Determiners of causes in Courts of Justice let them take heed diligently unto themselves that no favour nor whatsoever respects move them from the right And let them remember that they sit not in judgement for rewarding of friends or servants for crossing of contemners but only for doing of Justice Plato in Pol. Arist 1. Rhetor. I purposely forbeare either to rub upon the sores or to lay open the issues and infectious maladies that have tainted some great Sages of the Law in our times for that the Lord Viscount Falkland in his learned speech of the Judges hath plainly described certain symptomes of their diseases and manifested them to the eye of the Kingdom the high Court of Parliament And I hope that great Counsel of Physicians will either purge them of their noxious and pestilent humours or prescribe them a more certain and present cure It is joy to the just to do judgment but destruction shall be to the workers of iniquity Prov. 21.15 29.4 The King by judgment stablisheth the land but he that receiveth gifts overthroweth it Memorable is that speech of Moses to the children of Israel Deut. 1.16 17. And I charged your Judges at that time saying Hear the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him Ye shall not respect persons in judgment but you shall heare the small as well as the great you sha●● not be affraid of the face of man for the judgment is Gods and the cause that is to hard for you bring it unto me and I will heare it See Levit. 19.15 Deut. 16.19 1 Sam. 16.7 Prov. 24.23 The properties noted by Jethro to be in Magistrates and Governours are worthy much observation Provide men saith he of courage fearing God men dealing truly and hating covetousness Ex. 18.21 and read Ex. 23. Observe the great pains of Moses in sitting to judg the controversies of the people even from morning unto even Exod. 18. What a cōmendation it is of him What an example unto al those whom God in mercy hath raised to any like government over their brethren Surely diligence in the charge committed to us is ever sweet unto God and good for our selves He that is diligent in his worke shall stand before Princes Prov. 22.29 L●●r● to do well seek iudgment relieve the oppressed judge the fatherless plead for the widow Isai 1.17 Ye shall not do unjustly in judgment Who can be safe in lift or limbe in lands or goods if affection be Judge Booteth it to be honest or just or blamelesse if not truth but sancietry me No no. And therefore blessed be God for Law and Justice and wo to the Land where affection ruleth Honestius est cum judicaveris amare quàm cum amaveris judicare It is far better to love when thou hast judged than to judg when thou lovest The poore cryeth and no man heareth the rich man cryeth and every man praiseth smootheth O heavy Countries case where thus it is Do the thing that is just to the rich and poore and that shall give thee peace at the last If Judges wil be free from respect of persons then needs must they be free from gifts for gifts will lead their affections wil they nill they the old saying being true Beneficium accepisti libertatem amisisti Hast thou received a gift then hast thou lost thy liberty and freedom Thou shalt not take no gift for the gift blindeth the wise and perverteth the words of the righteous Exod. 23 8. And 〈◊〉 all Judges followed this course Hesiodus should not need to fain that Astrea hath left the society of men and is flown up to Heaven But it is to be feared that as Ulysses servant when he was asleep opened a Bottle which Aeolus had given him wherein the Winds were all inclosed and so let the Winds out they thinking there was treasure in the Bottle which as well at Sea as at Land they loved so some Judges opening mens purses whilest they looke for gain let truth escape from