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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

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Isa 42.10.11 12.44.23.25.29 27. Esa 59. Zech. 7.5 Almighty God at first revealed this holy and happy way to his own people only therefore David after he saith The lott is fallen unto me in a faire ground c. presently addeth I will blesse and praise the Lord who hath given me understanding to know and acknowledge so great mercies Isa 58.2 They seem to seeke me and delight to know my wayes as a Nation that did righteously and forsook not the ordinance of their God they aske of me ordinances of Justice they take delight to approach unto God c. 5 Cautions for Fasts that they be not performed singly and severally each side and party at severall times and for themselves severally and one against the other as hitherto it hath been which it may be feared hath caused God to with-hold his hand of mercy from us in regard we have without charity rather prayed for ruin then reconciliation one to another fasting for strife and debate to smite with the fist of cruelty having our hands defiled with blood God by his Prophet complaines of such fasts as also of the contemners of his Ordinance of Peace and Iustice Isa 58.2 our feet swift to shed bloud not knowing not willing to know the wayes of peace such fasts God hath not chosen with such sacrifices of bloud God is not well pleased Is 1.15 When ye spread forth your hands I will hide mine eyes from you yea when yee make many prayers I will not heare for your hands are full of bloud Your fasts feasts prayers praises Assemblies oblations sacrinces Sabbaths are all vain not valued but vilified not accepted not respected but rejected as hatefull detestable abominable Is 1.11 But our Fast must be an universall and unanimous Fast throughout the three Kingdomes joyning all in hearty prayer for the forgivenesse of the crying sins of the Kingdomes for the remission of the sins of each place and person therein and with single and sincere hearts forgiving each other forgetting all wrongs and renouncing all revenges even as God for Christs sake shall forgive us being members of one body whereof Christ is the head brethren in Christ God being the Father to whom alone belongeth revenge such sacrifice we may believe will prove acceptable In the second day that the like duties preaching praying and praising of God as on the first be performed religiously but Dove-like mourning and Bear-like roaring cannot well accord before the Lord We roar like Bears and mourne fore like Doves saith the Prophet Is 39.11 We look for judgement but there is none for salvation but it is far off Neither our praying fasting not preaching can prove acceptable in the sight of God the searcher of all hearts and tryer of reins unlesse the madness of our malicious minds be mitigated the hardnesse of our cruell hearts be mollified and the act of violence be out of our hands If we outwardly pretend to appear before God in the forme of Doves with a shew only of simplicity sorrow and innocence but in hearts be ravening Wolves stinging Serpents roaring Beares ready to teare and devour one another What fruit can fasting produce It is said 1 Chr. 10.13 14. of Saul that he died in his transgression which he committed against the Lord and his Word in that he asked not counsell of the Lord therefore he slew him and turned the Kingdome to David To put on the shew of a silly sheep the habit of a harm lesse Lamb yet inwardly to be subtill foxes and greeey wolves ready to supplant to worrey to r●●● to destroy one another cannot but make our fasts or other sacrifices rather detestable then delightfull rather abominable then acceptable this is not the fall that God hath chosen and we may justly feare that the Lord hath protracted our peace making with-held the happiness of union from us only for our Cain like cruelty bloudy-mindednesse to our brethren Our fasts have not found the hoped for fruit our prayers have not prevailed for Peace nor hath our preaching been prosperous in the purposes and thing whereunto it was sent and appointed In the Civill law all appeal is denied from the sentence of a Lott because it is the sentence of the Lord who hath no superiour That after the holy duties religiously performed to prevent revolting from the judgement which God shall give by Lotts and revenging private wrongs passed before between particular parties that all both Prince and people Commanders and Souldiers Pastors and Flocks unanimously joyn in Covenant with Almighty God willingly to submit to that judgement which God shall give by lotts without any repining repugnancy or resistance thereafter and really to remit all wrongs without retaining any malice or mentall reservation of revenge hereafter A judicio sortis appellari non potest Baldus Bartol Jason apud Go. 2. ad Taur Le. 38. Greg. Toloss appel l. 2. Hee shall call the heavens that hee may judge his people Psal 50.5 Call my Saints together unto me those that have made a covenant with me The heavens shall declare his righteousnesse for God is judge himselfe Nehem 10. A pattern for the Covenant Ezra 10.5 Exod. 19.5 6. If ye will keep my Covenant then shall ye be my chiefe treasure above all people and yee shall be unto me also a kingdome of priests and an holy Nation And whereas we have joyned in Covenant and association one side against the other even to the death and destruction one of another Now all make Covenant each with other una voce uno animo uno corde Altogether with heart tongues and hands in thoughts words and deeds to maintain and preserve the glory of God in the true Protestant Religion the honour of the King in his just rights and Prerogatives and the welfare of the State and Kingdome in the Lawes of the Land the Liberty and property of the Subject and priviledges of Parliaments according as Almighty God by this his judgement shall declare and decree to renew our league of brotherly love and Christian amity to live in love endeavouring by all possible meanes to keep the unity of the Spirit in the bond of Peace all professing protesting and covenanting before Almighty God to defend and with their lives and estates to maintain Gods glory the Kings honour and the Kingdomes peace against revolters Jer. ●1 6 Proclaim all these words in the Cities of Judah and in the streets of Jerusalem saying heare ye the words of this Covenant and do them v. 3. And say thou unto them thus saith the Lord God of Israel cursed be the man that obeyeth not the words of this Covenant 2 Chron. 15. When Israel had for a long time bin without God without a Priest and without the Law and there was no peace to him that went out or in but great vexations on all the inhabitants of the Countries Nation destoryed of Nation City of City and God did vex them with all adversity Asa their King
place be appointed if the Prince and Parliament shall be so pleased apt and able persons on both sides selected and authorized truly to state and set down all things in difference betwixt the King and Subject Secondly that particular Propositions both concerning his Majesties and the Parliaments desires and demaunds by them be drawne into particular heads whereby what is expected by each from other may more clearly appeare Thirdly that all Propositions may be so stated and set down as that they may tend principally and onely to these ends 1. That the glory of God may be advanced and maintained in matter of Religion and Church-government 2 That his Majesties honour may be preserved in his just Rights and Prerogative 3 That the Peace and happinesse of the Kingdome and Subjects may be produced by establishing of the Lawes of the Land confirmation of the Liberty and property of the Subject and just priviledges of Parliament These are the three principall fundamentall and cardinall grounds out of which all particular Propositions can arise issue or proceed Zech. 8.19 Hos 6.6.1 2 3. Mercy is prepared for the Land if the people prepare to receive it at the Lords hand Ezr. 8.21 Levit. 23.27 28. Exod. 19.10 11 Esth 4.16 That three solemne dayes or set times of Humiliation fasting prayer and praise be published and proclaimed throughout the whole Realme to be set apart and celebrated for our preparation to meet the Lord in this way of his direction that we may seek of him a right way for deliverance from the judgements that do threaten the Land such a Fast as was prescribed by Ezr. 8.21 may be a faire president for this Land to proceed by Also like that Exod. 19.10.11 Moses commanded to sanctifie the people for three dayes and on the third day for on that day the Lord will come downe in the sight of all the people to have them ready prepared to meet the Lord. Queen Esther enjoyned a Fast to be kept when she was to go into the King for the Jewe deliverance Gather together all the Jewes saith she and neither eat nor drinke for three dayes night nor day When Lorts were cast for their destruction but fell for their deliverance whence the Feast of Purim was ordained to be celebrated by them and their posterity to all perpetuity When dissention was arisen between the servants of Isaac Gen. 26.20 21. and the servants of Abimelech touching the Well of water Isaac's servants digged three Wells before the contention was concluded the names of the first and second Wells were Esek and Sitnah signifying Contention and hatred for that they strove together but the third was Shibah signifying an Oath or covenant of reconciliation that was then and there made between them because by Oath or Covenant the contentions between Isaac and Abimelech and their servants were then concluded Thence the City was called Beersh●ba i.e. the Well of the oath or covenant of conclusion Prayer preaching praises to be as peace-offerings for Prince Priest and people to make reconciliation for them Ezek. 45. That on the first day by all of what degree quality or profession soever hearty prayers be sent up by Prince Priest and People to the searcher o● all hearts for his holy and heavenly blessing on the endeavours of those who are on both sides selected for consultation about these great affaires of the Kingdome that God who is wonderfull in counsell and excellent in working would be pleased to be present with them and assist and direct them in the composing of such particular Propositions as conduce to his glory the Kings honour the Kingdomes happinesse and not to any their own particular ends and before purposes and that God would by his remembring Spirit put into their minds whose presence they stand and so make them wise and carefull to consider for what they stand and from whence the sentence and judgement of their demands and desires is to proceed even from the omniscient Lord who tryeth the hearts and reines We know not what to do but our eyes are towards thee 2 Chr. 20.12.13 Said Jehoshaphat al Iudah when they proclaimed a Fast and gathered together to aske counsell and inquire of God 2 Chran 19.6 7. seeth their inmost secretest thoughts is a God of pure eyes and cannot endure iniquity impiety nor injustice and of most perspective sight discerning the most subtill devices and cannot be deceived by any State-stratagems nor deluded by mentall reservations or subtill policies These considerations sadly premeditated will prevent all illegall and unjust Propositions and promote the way of proceeding by faire and cleare particulars Propositions and demands None will dare to make unjust demands if they consider who is the Judge and disposer And as Iehoshaphat to the Judges so give me leave to speak to both sides take heed what ye doe for the tryall is not appointed by the judgement of man but of the Lord and he will be with you in the cause and judgement wherefore now let the feare of the Lord be upon you take heed for there is no partiality with the Lord our God neither respect of persons nor receiving of reward The necessity of the use of Gods Iudgement by divine Lott being so just equall and impartiall As Azariah to Asa and all Judah and Ben●amin 2 Chr. 15.1 2 That the Preachers and Ministers whom God hath made to be stars in the firmament of the Church to lead and guide the feet of the people in the waies of peace declare and unfold to the people the authority happinesse and holinesse of this way of proceeding shewing who was the originall author and the only disposer of lotts for what end God ordered them and what comfort may thence arise to the three Kingdomes Controversies will be concluded peace produced and the further effusion of blood prevented 3 That the Pastors admonish the people to prepare themselves to appeare before the Lord as Moses did at the delivery of the Law Thus will I do unto thee and because I will do so therefore prepare to meet thy God O Israel Isa 57.14.40.3 Is 62.10 Go through go through the gates prepare thou the way of the people Cast up cast up the high-way gather out the stones take up the stumbling block out of the way of my people Lift up a Standard for the people This way is not unlike that way Isa 35.8 prophecied There shall be a path and a way and the way shall be called holy the polluted shall not passe by it c. 4 That praise be rendred to our gracious God for directing us such a divine way of determining these unhappy differences and divisions which continued would bring the Kingdome to desolation and destruction Say among the Nations the Lord reigneth surely the world shall be stable and not move and he shall judge the people in righteousnesse vid. Psa 93.1.94.14.15.96.10 to the end Ps 97.1 2.98.9.99.1.102.13 to the end
he himselfe had annointed Saul to be King yet doubted not to commit the matter unto Lotts as being assured of the infallible justice of that sacred Ordinance wheras another perhaps would have said shall a matter of such weight be put to hazard perhaps the Lotts will fall out otherwise and so will exclude this man from being King as Peter Martyr well observeth Pet. Martyr loc com c. 8. part 1. but his faith was firmly resolved and assured that the Lord was just and holy in all his Oracles his Ordinances his wayes his judgements Moyses in the same manner in his own cause upon the matter of Corah and his company in their Rebellious carriage charging Moses and Aaron with assuming a larger extent of prerogative then the Lord had lent them Num. 16. The rods with the names of each Tribe written thereon were no other then Lotts Num. 17. a g●eater Commission then God had given them Yee take too much upon you Moses and Aaron Marke hereupon the meeke demeanour of Moyses you sonnes of Levi said he ye take too much upon you and therefore let each one take his Censer his Lot c. and goe before the Lord and let God be the just Judge whom he hath chosen let God shew by the Censor to whom he hath given the Authority of King Priest c. Is our Religion our lives our estates liberties or what is more deare and pretious to us in Controversie if we distrust not the justice of our cause why should we doubt the Judgement of our God But to proceed to the manner how the differences now depending may be determined by the Lords judgement by Lott When upon a treaty the differences in particular shall be truly stated and for each side and part by the persons appointed for that purpose certainly set down that briefe heads or titles of each particular proposition in difference to be written in severall small papers or Parchments cut into equall proportions and two Lotts written with the severall briefe titles of the severall Propositions And for distinction to discern which is for his Majestle and which for the Parliament two severall Motto's be appointed and nominated to be written with the severall titles of the said Propositions in the said papers or parchments respectively wherein the severall Propositions are inscribed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lea 23.6 The Kings own Motto Dieu mon droit if to his Majestie it shall so seeme meet to denominate his demand or Proposition And Jehovah Tsidkenn The Lord our righteousnesse for the Parliament if to the Parliament it shall so seem good And in respect that both parts professe the maintenance of the same matters and both appeale to God though in a wrong way it may be doubted by the sword to declare who is in the right this divine way may happily not seem unsutable to the present occasion and being the same it pleased God to put into my thoughts I humbly pray it may be without ostence either to my Soveraigne or his Parliament to publish For example in some particulars of composure of the Lotts thus viz. If the proposition in difference be whether Episcopall or Presbyteriall government or the way of Independency as 't is termed a divine way not to be despised be the most right in Gods sight the King maintaining Episcopacy the Parliament Peesbytery His Majesties Lott may be thus Dieu mon dr●it Episcopall government the Parliaments thus Jehovah Tsidkenu Presbyterian government The Independants thus Jehovah Jizeh Discipline and doctrine according to Gods word In the Controversie touching the proper right of the Militia thus the Kings Lot Dieu m●n dr●it Militia mihi regni The Parliaments thus Militia Regno sic decateris For all other matters in difference two or more Lotts as the case requireth may be composed in the same manner Thus all chiefe Officers of trust for Church Kingdome and State may be elected Lotts for all in competition Blanks for all but one and that to have this inscription Whom God shall choose so the Election being left to the wise and just disposall of God all siding partiality and other differences and deceits will be avoided Thus Delinquents may have their Clergy their lotts for their lives and so their death or life shall be left to the pleasure of the Lord not the humour of revengefull men The like touching pecuniary mulct upon their estates vid. Nunth 15.33 Now of the casting or drawing of Lotts whether into the lap the pot the bagg or urn non refert 'T is meerly matter of indifferency But touching the manner how the Lotts may be cast and drawn upon the present occasion Thus the Lord God hath directed me that after the Celebration of the third solemne day of fasting and prayer in some spacious Church or place which the Lord shall choose Dout. 17.8 9. appointed for that purpose on the Communion table there be set three Chalices and the Lotts one for his Majestie another for the Parliament be provided for every particular difference As 1 Chron. 24.6 Shemaiah the sonne of Nathanael the Scribe of the Levites wrote the Lotts before the King and the Princes and the high Priest and the chiefe Fathers of the Priests and the Levites So that one particular person be appointed or more for making any writing the severall Lotts in the presence of King Parliament and Clergy or other indifferent men on both sides who are to see to the equall composing of them that no outward distinction may be discerned by the party or parties who are selected to draw indifferently between both parties for which purpose some of the chiefe of the Clergy who are esteemed most religious upright and conscionable may happily be most fit of those not above one to each part and these to draw by turn and neither of these to see the Lotts not speak with any concerning them untill they have drawn them out of the Chalice or Cup into which they are put to be drawn That only two Lotts at one time or three Lotts as in some cases occasion may require which concern the same point in difference be cast into the middle Chalice on the Table and then the Lott which is drawn and taken to be put into the Chalice which standeth at the upper end of the Table and the Lott which is left behind in the middle Chalice to be put into the Chalice at the lower end of the Table That the particular Lotts be put into the middle Chalice successively two or three at a time and thence drawn one for each party by one of the two persons appointed for that purpose untill the Lotts be all drawn Then the Lotts in the upper Cup to be opened whereby it may appeare what Lotts are by God given to the King and what to the Parliament thus there will be no feare or danger of the deceit either of Composers or drawers Let murmurers against Gods judgement herein and
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
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