Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	case_n	court_n	law_n	4,039	5	4.7450	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89518	Vox turturis vel columba alba albionis=The voice of the turtle, or, Englands white dove in the deluge of division, the second time sent forth from Gods Arke, to prsent a peace-offering upon the altar of Jehovah Shalom. Humbly proposing that divine direction, which the God of Peace hath revealed in his word of truth, for determining differences by an holy ordinance of his owne institution, wherein himselfe is the sole judge, ... Shewing how by this divine way of Gods judgement, not onely the great differences here in church and state depending, may speedily and happily be determined with glory to God, honour to the King, and happinesse to the kingdomes, but also all the greatest controversies, both civill and sacred throughout Christendome may be composed, the effusion of blood prevented, many prophecies conducing to an universall peace fulfilled, the happy use of this holy ordinance made knowne, and the name of God thereby manifested, ... even among heathens. / Per E. M. Arm. Christi servorum minimo minorem.	Marbury, Edward, 1581-ca. 1655.	1647 (1647)	Wing M570; Thomason E518_4; ESTC R206163	81,199	64

be heard were assigned by Lot as they drew Beans or Acorns with the letters upon them that belonged to those Courts each of which persons so allotted received a rod from the Cryer with the name of the Court written on it or of the same colour that the letter was over the Court-gate and then went with that and his Bean or Acorn unto that Court that had the letter on the one of the same colour with the other and was there admitted for a Judge Besides these ordinary Judges there were certain Arbitrators or umpires by Lot assigned for deciding of lighter matters which matters were divided among them by Lot Their Clearks also of the Pleas with ten Treasurers taken out of the best rank ten Comptrollers or Auditors ten Surveyors or Scavengers ten Wardens of the Ports ten Clerks of the Market one Register ten of Sheriffs and Bayliffs ten Sacrists for superstitious services And if any one presumed to come to Court or Councell not being designed by Lot a penalty was laid upon him In Sparta the Competitors for any office were sometime in order by lot admitted to passe the suffrages of the assembly At Syracusa in Cicily Cican Verr. 4. Joves priest out of three chosen by Voyces out of three Families was designed yearly by Lot At Rome the Vestall Nuns were elected by lot Attic. l. 1. c. 12. The two hundred Gentry of Rome divided into tens cast Lots for governing the State in course among themselves after Romulus his death each ten their fifty daies and each of the ten his five c. till all had taken their turnes which Custome expired at Na●●a's Election The two Consuls so often as any extraordinary businesse fell out that was to be done by them and could not conveniently be done but by one of them as the Dedication of a Temple the nomination of a Dictator or Soveraign Generall the keeping of Courts for creation of some new Officers c. used by lot to decide whether of them should have the honour of it and in time of War they cast lots also which should go ●o the wars and which stay at home And being both together in the same service with equall authority they did sometime in the execution thereof by Lot daily take their turnes The Pretors parted the Government of the City between themselves by lot And by lot the Questors or Treasurers charge was assigned unto them out of which Questors the Tribunes were sometime designed by lott and out of the Tribunes were allotted certaine persons for forraigne Plantations In warlike employments Consuls Praetors had their legions and armies by this course alotted them Also such Tribes as should afford Souldiers for service and such persons of each tribe as should serve were assigned by lot And hence it fell out that M. Curius when a sudden Muster was made in his Consulship none of the younger sort appeared cast lots upon all Tribes and citing him which was first drawn of that Tribe that come next to hand confiscated his goods and sold him to be a slave Doubts in choice of Ediles or Surveyors where divers Competitors had an equall number of voyces were decided by Lot which of them should hold And in their Assemblies for election of Officers the Lot determined which Companies or hundreds should be demanded their suffrages the first and give the leading voices Severall Pleas were ordinarily parted among them by lot some to have and try Causes of treason some of murder some of extortion and the like and the the Judges tooke assistants to them which they elected by lott as they themselves were by lot appointed for the hearing of such Causes as were allotted to them Plin. sec Epist 3. lib 9. In Vintage time Senators were made choice of by Lot to attend the Court in the abscence of the rest by the appointment of Augustus Dion Cass lib. 55. Augustus by Lot set apart a certain number of Senators to consult with at convenient times for preparation of Causes to be heard in the Court afterward or rather to dispatch businesses by without the Court yet so as the whole Court might seem to have some hand in them he did likewise assay by Lot to reform the Senat he first parted the City into certain Regions and Wards and then appointed the yearly Officers to share them amongst them and to undertake the charge thereof By lot he enjoyned two of those that had been Pretors formerly to be elected yearly for the custody of the common Treasury In Tiberius his reigne there were certaine persons assigned by lot to cleare the Lawes in some cases then questionable Vespasian assigned persons for redresse of wrongs done during the civill wars and to rid the Courts of multiplicity of suits which intermission of Justice had cloyed them with Taeit. hist l. 4. Suet. Vesp c. 10. Certain persons were assigned by Lot to mitigate harsh Lawes Claud. c. 23. Legates or Lievtenants were sometime designed by lot in which case the use of Lotrery sometimes being questioned Tacit. hist l. 4. Cic. ad Attic. Epist 17. Liv. hist lib. 43. cic Verr. 1. though it were by some opposed yet the major part went with it● and would have it still retained as a soveraigne preservative against ambition and corruption and a singular remedy for the preventing both of injury and envy in which regard they esteemed it as a kind of divine Ordinance where it was carried without fraud and covine as it ought Panorm ad 5. de sorti leg Neither is the practice of civill Lottery unusuall in Italy even at this day for in Venice the mirrour of Policy and supposed modell of Plate's Platform the Gentry at twenty yeares of age come to the Generall Councell by Lot but otherwise not till twenty five yeares of age Contaren l. 1. Gat. of Lots p. 58. by the ordinary course in Election of whom every fourth of December they that seek it having made proof of their Gentry have their names all cast into one pot and brought to the Duke before whom stands another pot with as many balls in it wherof a fifth part is gilt and all the rest silver only the Duke draws out of the one each mans name and a ball out of the other which if it prove a golden one he is thereupon admitted if a silver one only he stayeth at least a yeare longer When their Duke the chiefe Magistrate hath his designation there is Lottery upon Lottery and Voycing in a prolix and intricate manner interchangeably mixed together the one with the other the place being voyd either by deposition or decease all their Gentry of thirty yeares of age or upward and none under assemble and come in order as they sit Lotts first being cast which side of them shall come in first to the Lot-pot having as many balls in it as there be of them in number whereof thirty only be gilt there a child draweth for

his peace from this people Jer. 16.5 From the crown of the head to the sole of the foot there is no whole part nothing but wound and bruises and putrifying sores Isa 1.4 5 6. We may with griefe of soule heare Englands voyce on high like the voice in Rama● Rachel weeping and that bitterly not to be comforted for her caeildren because they mere not lamenting the invaluable losse of the flower of her Nobility Jer. 4.31 Gentry and Commonalty in their bud of gallantry wallowing and weltring in dust and bloud Thus lofty Lucan Bella per Albinios plusquam civilia Campos Jusque datum sceleri canimus populum potentem In sua victrici conversu● viscera dextra Quis talia fando nefanda Temperat a lacrimis En quô discordia tristem Perduxit populum funestos reddidit agros Vastavitque vias exhausit civibus urbes So that it may be said of England what the faithlesse and therefore fearfull men which were sent to search the Land of Canaan reported thereof to Moyses 't is 〈◊〉 Land that cateth up the Inhabitants thereof Num. 13.33 And that which ought ●ot steightly to escape Christian consideration for the building of this Babell of bitternesse continuing of these Babylonish broyles Num. 14.17 these Contentions carrying us headlong on 〈◊〉 confusion the simple and ignorant multitude as naturall bruits made to bee taken and destroyed not knowing what they did as silly sheep led unto the slaughter Psal 44. they were killed all day long and accounted as sheep appointed to bee slain they were forced on both parts to tread morter made and moystened with their owne bloud What heart not altogether adamantine can doe lesse then take up the Prophet Jeremies lamentation Jer. 14.17 Let mine eyes run down with teares night and day and let them not cease Lam. 1 16.2.1● For the virgin the daughter of Zion is broken with a great breach with a very grievous blow There is no healing of thy bruise thy wound is grievous all that heare the bruit of thee Nahum 3.19 will clap their hands over thee In this sad and deplorable condition have these three Kingdomes now for a long season laine languishing like an Oake cleft in shivers by wedges of its own body like the mad Philistines and as in the dayes of Midian the Lord set every mans sword upon his neighbour Judges 7.22 And the people were as meat to the fire no man spared his brother Judges 7. Isa 9. Isa 9.19 What will ye doe now in the day of visitation and of destruction to whom will ye flee for helpe and where will ye leave your glory to whom will yee seek and of whom will ye take counsell Isa 10.3.4 Gather together on heaps Isa 10. gird your selves ye shall be broken in pieces take counsell together it shall be brought to nought pronounce a decree and it shall not stand Isa 8.10 If ye will be safe Then sanctifie the Lord let him be your feare and let him be your dread Isa 8.9 10. and he shall be as a sanctuary c. Bind up the testimony seale up the Law should not a people inquire at their God to the law and to the testimony if they goe not according to this word there is no light in them Isa 13.14 Is there no balme in Gilead is no Physician there Jer. 8 22. Psal 10.8 9. The way of the Lord is an holy plain way wherein the ignorant cannot erre Isa 35.8.9 A strait way wherein they shall not stumble Ier. 31.9 vid. Deut. 17.8 9.15 If the Lord have in his compleate Treasury of truth revealed a Divine way for curing our Contentions and setling peace among the Mighty God enjoynes strict observation of his ordinances Deut. 5.1.35.4.2.5.6.16.17.7.11.12.11.1.6.17.8 9. to refuse that pious perfect way and rely on our owne humane powers or policies is an argument either of ignorance and blindnesse there is no light in us or of pride or arrogance that wee will not seeke after God Psal 10.4 That we take counsell but not of the Lord and had need beware the woe that waites on all stubborne contemners of Gods counsells Isa 30. Observe the Lords gracious invitations and incouragements by language of love to come and consult with him and he cured by his divine direction and prescription Come unto mee all weary and heavy laden I will ease and refresh you Commit thy cause to the Lord he will bring forth thy judgement as the light Psa 37.5 6 7.33 and thy righteousnesse as the day Cast thy burthen on the Lord c. Aske of me things to come stand in the waies and behold and aske for the old way which is the good way Isa 51. and walke therein and ye shall find rest to your soules Jer. 6.16 There is none to guide thee none to lead thee one of the mire of thy miseries none to take thee by the hand of ad the sonnes that thou hast brought up Mans extremity Gods opportunity Isa 63.5.59.16 Esa 42.10 11 12.15 16 17 18 19.21.23.24.25 Jer. 33.6.9 Esa 40.3.4.5.23.27.41.1.4.5.12.27 This righteous branch may returne this Dove with an Olive Branch of Peace and truth being sent out with a prosperous seed of Peace Zech. 8.12 The day proposed in this Trtatise is a turning seeking to God consulting with inquiring of relying and waiting on God in his owne ordinance all which are both commended c commanded by God in his Word Sors Intermentia divine predestinationis non fortune famula O●gen Homil. 23. in Josh Thy sonnes lye in the heads of the streets 〈◊〉 as wild bull in a net Heare now miserable and dranken not with wine but division Behold I will take the cup of trembling out of thy hand Hearken and give care to me O my people for a law shall proceed from me and I will bring forth my judgement for the light of my people Behold I will give them health and amendment for I will cure them and will reveale unto them the abundance of peace and truth And it shall be to me a name a joy a praise and an honour before all the nations of the earth c. Behold the daies come that I will performe the good thing which I have promised I will cause the Branch of righteousnesse to grow and he shall execute judgement and righteousnesse in the Land Jer. 33.14.15 I will raise up a righteous Branch and a King shall reigne and execute judgement and justice in the earth Jer. 23 5 6. The Lord is our judge the Lord is our Law giver the Lord is our King he will save us Isa 33.22 The Lord will not faile his people nor forsake his Inheritance for judgement shall returne to justice and the upright in heart shall follow after it Psa 94.14 15. He shall not faile till he have set judgement in the earth and the Isles shall waire for his Law Isa 42.1.3.4 And againe Isa 2.4 an universall peace is

despisers of his Divine direction remember the severe punishment that was inflicted by God upon Gorah and his Company And unto this people thou shalt say Thus saith the Lord Behold I set before you the way of life and the way of death I call heaven and earth to witnesse I have herein set before you life and good death and evill choose therefore life that the Land may be preserved from Ruine Jer. 21.8 Deut. 30.19 Who is on the Lords side let them come unto the Lord cleave unto the Lord commit their cause to the Judgement sentence and decree of Justice it selfe the great Judge of heaven and earth who will in the first place settle Religion and Church-government in such fort as shall conduce to the glory of God Give to God the things that are Gods Exod. 32.26 and wil give to the King to Caesar the things that are Caesars in his just rights and prerogatives and to the Kingdome Parliament and People what is their just dues in Lawes Liberties Priviledges and properties by this divine holy happy way without effusion of blood or further Contention The Doves expressions and intentions being but sutable to the nature of Doves truly simple and innocent she desires the integrity of her meaning may not be blemished by mis-interpretation she is assured the Lott is a divine way of determining differences and a farre more holy and happy way then any of humane designment which her Author will be humbly ready before the right Honourable the high Court of Parliament or the reverend Assembly of Divines by divine authority to make good but the forme for the use thereof she leaves to the learned and religious to reform if they please Si qd novisti rectius istis Candidus nuperti si non haec temnere noli Having shewed though with much weaknesse how divine Lotts may be used and applyed for composing the present Controversies depending in Church State between his Majesty and his Parliament and the form of making and drawing the Lotts as the Lord was pleased to put into my mind a more pertinent compleat and perfect manner and way then which no doubt the wise and learned may find out It resteth now that somewhat be said touching the lawfulnesse holinesse and happinesse of this way of determing differences and of the Sacred necessity and conveniency of the use thereof in cases of greatest difficulty Civill or Sacred rather then the Sword or any other humane way or meanes not onely here but also throughout Christendome and all parts of the world where God Almighty is acknowledged as the great and just Judge in Heaven and Earth and how the holy use thereof may be an happy fulfilling of divers Prophecies in the book of God contained The lawfulnesse of this Sacred Ordinance I hope and believe no religious or learned man no good and true Christian will presume to oppose or deny especially in cases of such difficulty as by legall meanes cannot otherwise be happily justly and clearly decided and determined First in regard it is an holy Ordinance originally instituted by God himselfe for ending of differences And also an holy Oracle ordained for the discovery of hidden matters by humane indeavours inscrutable and uninvestigable as in the first chapter of this discourse is plentifully proved and confirmed by divine authority ancient and moderne Secondly because not onely the holy word of God doth likewise confirme the lawfulnesse of the use thereof by Gods speciall direction and the practise of the Patriarkes Prophets and Apostles but also the opinion of the best Divines both ancient and moderne and the frequent and happy use thereof upon severall occasions both in former later and even in these times doe manifestly attest the same The Apostles use thereof cleares that Prov. 18.18 Isa 5.16 The Lord of Hosts shall be exalted in judgement and the holy God shall be sanctified in justice Isa 48.11 Let Mount Zion rejoyce and the daughters of Judah be glad because of his righteous judgements Psa 50.6 The heavens shall declare his righteousnesse for God is judge himself as in the second chapter appeareth Thirdly this is no Typicall thing or Ceremony of the old Leviticall law which by the comming of Christ vanished or was to be abrogated or abolished but is set downe and prefixed in the firmament of Gods word as most happy and usefull in a Maxime Axiome statute and Rule of morall and so perpetuall divinity among the Proverbs of Salomon which are no lesse Canonicall then any other part of holy Writ being all holy Canons of sound morall divinity as Master Cartwright a religious and learned Expositor of that Booke in his Preface thereunto affirmeth and if any shall object and say 't is there exprest as a prescription not a precept and so may be a matter of meere indifferency for to be used or not used I conceive under favour of the learned that all divine directions in Gods word may be said to amount not onely to instructions but even to Injunctions especially where the direction is given for use of any of Gods Ordinances and the ends of the use and practise thereof tends immediatly to the advancement of Gods glory and the good and happinesse of his Church and people As herein it must needs follow by making God the Judge and Peace-maker betweene his people which divine direction if they shall refuse to make use of amounteth to at least a contempt of this counsells if not a Rebellion against his command as it must be if Gods prescriptions ought to be received as precepts I put these cases if an obstinate Patient refuse the prescription of the learned Physitian all men will confesse he wilfully and deservedly suffereth losse of life The great Physitian of Heaven prescribeth a cure for our contentions if we neglect or reject it who can deny but porditio tua ex te Hos 13.9 ô Albyon will be a proper motto for so obstinate a Nation this destruction is of thy selfe O England but in God is thine helpe Againe in the other case resembling this of ours if a loving Master shall graciously offer himselfe to be Umpire Arbiter or Judge between his divided Servants to determine their differences and they shall ungratefully and ungratiously reject so Fatherly a favour and fall to the Sword what shall we call this but Contumatious disobedience if not Rebellion yea the Lord by his Prophet Isaiah is pleased to pronounce them Rebellious and that with a witnesse too even a woe therunto annexed Woe to the Rebellious that take counsell but not of me that cover with a covering but not by my spirit we ought not to believe but to try the spirits whether they be of God or no 1 Jo. 4.1 who brag so much of the spirit and yet dare take the Sword out of Gods hand and with confidence in the Arme of flesh in a sensuall divellish manner fly in the face of God by defacing his Image

unto it and his rest shall be glorious In cases of bitter contentions and bloudy divisions This tree of life whose fruit healeth the Nations hath directed us to appeale to his judgemen● for reconciliation he will thereby compos● our Controversies and make his owne Name glorious by concluding and ceasing controversies among his people and by that meanes bring all Nations to submit to his divine judgement Answerable hereunto is that of the second of Isa 2 3 4 5. where 't is prophesied that in the last dayes the mountaine of the Lord shall be upon the top of the mountaines and all Nations shall flow unto it And he shall judge among the Nations and they shall beat their swords into mattocks and their speares into pruning-hookes and shall fight no more c. vid. Jer. 3.17 18. They shall follow no more the hardnesse of their heart the house of Judah shall walke with the house of Israel and they shall come together out of the land of the north c. Now what judgement is intended by these Prophecies and whether this divine way of Gods judging in cases of difference may not be received within the compasse of these Prophecies I would be glad to learne Seeing there is not that I can find in the whole booke of God any other imediate way of divine judgement whereby differences may be decided particularly provided and ordained by God himself to that end but onely this sacred ordinance In holy Writ I find but two divine Oracles or sacred wayes of consulting with Almighty God in cases of extreme difficultie whereby a certaine plaine visible and immediate response and resolution might be received videlicet Urim and Thummim and the Lott The former was a more mysticall and obscure way this not unlike that way before mentioned Isa 35.8 9. for by Lott a plaine certaine and imediate resolution was alwaies returned prompt and facile to any ordinary capacity That way of Urim and Thummim is abolished but this sacred way of the Lott no lesse Antient and holy then the former as a most usefull holy and happy way of Gods divine judgement ordained for determining of doubtfull difficult and dangerous differences is still retained as by these pacificall Proverbs of the 16.33 and the 18.18 appeares being both Canonicall and Morall Scripture and so perpetuall divinity besides many presidents both Ancient and moderne of the use thereof before herein premised And truly I beleeve this may be justly said of this sacred Ordinance that it was never piously used and performed nay when by irreligious Infidels practised but it ever brought glory to God and good to the users thereof that all men may see and confesse that the Lord is holy in all his wayes and just in all his judgements And doubtlesse this holy way is of especiall happy use for resolving of doubtfull cases discovering of hidden and recondite matters and determining of difficult and mighty differences among mighty persons For where Controversies by humane endevours cannot be decided and the parties on both sides so stout that otherwise they cannot be appeased by this meanes the matters may be composed and the men pacified In cases of this nature those that have the best causes and the clearest consciences will desire to have their differences thus decided For he that is confident of the justice of his Cause needs not doubt the judgement of God and the way of the Lord is strength to the upright man but feare shall be for the workers of iniquity Prov. 10.29 They shall goe into the holes of the rocks c. Isa 2.19 20 21. In cases of this difficult condition when they say unto you Isa 8.19 Enquire at them that have a spirit of divination and at the southsayers which whisper and murm●r The divine spirit will tell you that those divinato●y spirits are deceitfull and have no warrant from the divine word of God That both North and Southsayers are more subtile then solid and their words are but wind A dry mind not fit to fan or cleanse Jer. 4.11 That whisperers are lyers and murmurers against Gods divine direction deserve to have their mouthes stopt Thou art wearied in the multitude of thy counsels c. Isa 47.12 13.14 That a woe is pronounced by the Prophet against them that take counsell but not of the Lord that cover with an hypocritis all covering not of his spirit That State po●icies are often State fallacies and that divine directions though delivered by a simple Dove are to be preferred before any Machiavilian machinations contrived by subtill Serpents if you would be advised who so wise as the Wonderfull Counseller the Prince of Peace who is wonderfull in counsell and excellent in working Ier. 32.10 he will direct you to him that hath the spirit of wisdome and counsell c. Isa 11.2 Isa 45.11.21.22.23.24 Thus saith the Lord c. Aske of me things to come c. aske after the old way c. Should not a People inquire at their God from the living to the dead will ye deviate from the way of the living Lord to the dead Letter of your owne lawes from the divine law of the Lord to the humane lawes counsells and devises of the crafty Achitophels of the Land will ye deviate from the way of Peace to the way of Warre to the Law of Armes of Harmes God directs you to goe to the Law and to the Testimony to the statute judgement ordinance prescribed by Gods word If they speake not according to his Word it is because there is no light in them He that hateth or indeavoureth to supplant or oppresse his brother abideth in darknesse and he that despiseth Gods Counsell and Ordinance conducing to Peace remaineth in the shadow of death Doe ye esteeme the heavenly wholsome counsell of God in his word of truth or the crafty cruell courses and counsells of men more Isa 50.10.11 If God be God follow him but if Baal be hee If Mars or Machiavel be your Gods the bloudy sword or State stratagems follow them Is it because there is no God in Israel that ye goe to inquire of Baalzebub the god of Eckron Is there no balme in Gilead no Physitian there Is it because the Lord hath prescribed in his Word no holy way of ending Controversies that the cursed way of Cain-like cruelty must make the conclusion How long will it be before ye restraine the people from persecuting and oppressing their brethren know ye not that it will be bitternesse in the end Is there no efficacy in the ordinances of God and yet so much eminency in the ordinances of men Are the judgements of men so righteous and shall not the Judge of the whole world doe right Shall the ordinances of men be commended and commanded and the Ordinance of God contemned and condemned as uselesse or illicite Heare the Lords expostulation with his owne people Have I that brought you out of the land of Egypt and led you through the

wildernesse Have I been as a wildernesse unto Israel or a land of darknesse Jer. 2.31 Wherefore saith my people then Wee are Lords we will come no more to thee Isa 45.19 I said not in vaine unto the seed of Jacob Seeke ye me v. 22. Looke unto me yee shall be saved all the ends of the earth shall be saved Will ye forsake the Fountain of living waters which will never faile ye and dig ye pits broken pits of your owne power and policies which may prove fallacies and will hold no waters of true continuing comfort Truly the hope of the hills is but vaine nor the multitude of the mountains but in the Lord our God is the health of Israel Jer. 3.13 The high look of man shall be humbled and the Lord onely exalted Isa 2 11.12.13.14.15.16.17.19 Isa 51. I even I am he that comfort you Who art thou that fearest man c. and forgettest the Lord thy maker c v. 12.13 No perfect Peace in our case without consulting receiving the resolution of the great Peace-maker Zech. 8.3 A City of truth 1 Cor. 3. ●1 Psa 147.2.14 Quo facilius preceptum eo gravius peccatum not the hills of our haughty ones nor mu●titudes nor mountaines of our Mighties can make us happy All our Powers and policies wealth and Armies without a pious Peace cannot preserve us from ruine And for a firme and well-grounded Peace wee cannot be assured nor ever secured except the Propositions for Peace bee confirmed setled and perfected by the Judgement sentence and decree of the great Peace-maker who is our peace who is more puissant then the Mountaines of prey and in pious Policies more wise then all the wise men of the world combined and conjoyned who will nullifie and disappoint all their counsels even when he pleaseth catch them in their craft and snare them in their own net Jerusalem is builded as a City at unity in it selfe Nisi Dominus Aedificaverit other foundation can no man lay except the Lord whose Tabernacle is at Salem build Bethsalem Jerusalem all humane labour is but lost And in this respect there is a sacred necessity of the use of this holy Ordinance there being no other way of Gods judgement for the perfecting of our peace prescribed in Gods word Zech. 4.10.7.6 Who hath despised the day or way of small things This way of the Lord prescribed by his Word however despicable in the eyes of sinfull mortalls Who art thou ô great mountaine thou shalt be a plaine for neither by an Army nor by strength but by my Spirit by my selfe by the way of my Word shall the work of Peace be finished saith the Lord of hosts vide Isa 2.11 to the end of the chapter In a second respect there is also a sacred necessity of the use of this holy way in respect of the equall and impartiall proceedings for tryall of differences depending betweene King and Parliament 1. In regard the King is under Christ the next and imediate Supreme Governour of these Kingdomes and the Parliament the supreme Court of Judicature in these Kingdomes Now neither Party can appeale to any person or Court superiout to them but Christ and the Court of Heaven And for either party to become Judges in their owne case is hardly consistent with the lawes of God or man And therefore wee must needs conclude Christ under God to be the most equall convenient and just Judge for determining the differences Third●y in respect of the Covenants Vowes or Oathes which have passed on both sides which being made before and to God I conceive under favour cannot by any humane meanes consent compulsion or Authority bee dispensed withall dissolved or disanulled nor the consciences of those men that made It may be seared lest for oathes the Land mourneth in teares of bloud when so many lives have been shed and spilt or tooke such Covenants Vowes or Oathes satisfied or cleered untill they shall be convinced by this or some other Divine way of the Lords judgement concerning the truth or falsity justnesse or unjustnesse of their owne Tenent and demands which they have Covenanted vowed and sworne to defend and maintaine especially when the parties on both sides have Covenanted expresly and directly one against the other to maintaine things diametrically opposite there the one party cannot without breach of his Covenant or violation of his vow or oath yeeld to the other in that particular neither ought by the rules of reason or Religion or any warrant which I find in the word of God to be forced or compelled thereunto An instance hereof in this case concerning Episcopacy which the King hath vowed to maintaine the Parliament Covenanted to eradicate In this case the King cannot yeeld unto the Parliaments demands without violation of his oath neither ought his Majesty as I conceive under favour to be compelled thereunto it being against his oath unlesse the Lord shall so give judgement and thereby declare the Presbyterie or other Government which the King or Parliament shall propose to be I●re divino or fitter to be established in this Kingdome As hereby the Lord will surely and truly shew upon Propositions of severall formes which is most consonant to his Word and will He will give to God the the things that are Gods And surely in all Ecclesiasticall cases of this nature wherein the glory of his Name is so much concerned the judgement of God is more proper and fit then the judgement of man Againe in the case of the Militia the Question being desired to whom of right the same appertaines man by the Sword cannot be so competent a Judge as the Lord by whom all powers are ordained and ordered may be by the Lett in this case or any other concerning God the King or Kingdome He by whom Kings reigne and Princes decree justice He by whom Princes rule and the Nobles and all the Iudges of the earth is the fittest judge Pro. 8.15.16 For where the sword ●●ts as chief justice t●ere might goes away with right There jus potestatis not potestas juris is predominant there we find no power of right but that right which power obtains bears the sway justice is justled out by strength of hand but by the righteous judgement of the Lord the right of the Militia and all other matters in difference wil be justly disposed We know that the judgement of God is according to truth Psa 19.9 Rom. 2.2.6.11 None ought to judge another but by warrant from God in right or title especially where the Judges lay claime to the same thing in question He wil give to Caesar the things that are Caesars Tribute to whom tribute Custome to whom custome to all and every one their proper due In this divine judgement as we cannot faile of right so we need not feare any wrong where the Lord is Judge there is no partiality nor respect of persons Give me leave to aske the Apostles question