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A25459 Dualitas, or, A two-fold subject displayed and opened conducible to godliness and peace in order, I. Lex loquens, the honour and dignity of magistracy with the duties thereupon depending and reverence thereunto due, II. Duorum unitas, the agreement of magistracy and ministry, at the election of the honourable magistrates of Edinburgh and the opening of a diocesan synod of the reverend clergy there / by Will. Annand. Annand, William, 1633-1689. 1674 (1674) Wing A3217; ESTC R27190 51,279 83

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DUALITAS OR A Two-fold Subject Displayed and Opened conducible to Godliness and Peace In Order I. LEX LOQUENS The Honour and Dignity of Magistracy with the Duties thereupon Depending and Reverence thereunto Due II. DUORUM UNITAS The Agreement of Magistracy and Ministry at the Election of the Honourable Magistrates of Edinburgh and the opening of a Diocesian Synod of the Reverend Clergy there By Will. Annand M. A. One of the Ministers of that Ancient City Sometime of Vnivers Coll. OXON JEREM. 31. 23. As yet they shall use this speech in the Land of Judah and in the Cities thereof The Lord bless thee O Habitation of Justice and Mountain of Holiness H●lar de Synod Aver● Ar●a● Vestrum est in Commune tract are ac providere at que agere ut quod nunc usque inviolabili Fide manetis Relig●●sa Conscientia Conservatis Teneatis quod Tenetis Edinburgh Printed by George Swintoun and James Glen and are to be Sold by Gideon Schaw Anno DOM. 1674. To the Right Honourable JAMES CVRRIE Lord Provost of the Ancient City of EDINBVRGH For Bailies William Johnston James Justice William Carmichael David Swintoun Robert Baird L. Dean of Gild James Southerland L. Thesaurer And all other Members of the Council and Counsellours of that City My Lords and Honourable Patriots JUstice of old being Painted according to her uncorrupt Nature a Beautiful Virgin Embelish'd with all Vertuous Array Dragging and Smiting a Prisoner on the Face of a Deformed Aspect named Injuria may cause some to Represent this my Adress in unfortunat Colours with a Meen Compelling Censure Judgement being designed for punishing Misdemeanour But such shall understand that unless Obedience be Culpable my Dedication can have nothing of Iniquity My Lord I appeal unto your self if there be not here presented what you have so far Honoured as of old to Request a Copy to which Motion I could name them who Adhered where still Declaration was made such was my Obligation that satisfaction should be given but craved Time expecting a demurr might procure a more beautiful Opportunity then to offer it in the dark The Hoped for Season Right Honourable is now and the General Suffrage of Authors Electing Patrons for countenancing Treatises for Evicting Gratitude in the Writer and Attracting Veneration from the Reader I make Address with this my DU ALIT AS before the Body of this Populous City in your Lordships Person and Venerable Council whose Ingenuous Behaviour in a Succession of Years towards all your own Called and Elected Ministery and to my Self in particular forms already Imaginations of Candid Acceptance How empty soever it may seem to others your Honours desire after it to me makes it Ponderous Ty●ng me withall in Gratitude to wish your Bench prosperous in its Worthies and that your City through the Vigilancy of its Watch-men in both Employs may continually merit its Gray-hair'd and Ancient Epithet being futurely known for the Good Town is the request of My Lord and Right Honourable yours in all Offices of Love and Duty Will. Annand From my Study Septemb. 15. 1674. TO THE READER Courteous Friend THe Morosity of this Age can hardly allow in probability of Discretion to Complement thee into a kind Conceit of what is here in thy hands It Treating of Magistracy and Ministry a Theme that more loudly than ordinary Whisper Suggests somewhat diminishing Respect Veneration to them being a Duty many called Christian not to say thought Godly hath forgot Yet if there be any Bowels of Love to God or Man Compassion to our Church or Affection to our own Interest there is something here inducing to a Perusal It speaks of Judgement and pleads for Justice as the great Axis upon which the Wheels of thine ow●●ffairs must Successfully move But as God together with these is endowed with Mercy so neither is there wanting here Documents of Clemency and Tenderness inflaming thee if God-like to Affability and Meekness without Sordid Sullenness or Aukward Surliness to review what is offered at the request of thy Well-wisher Otherwise to grant what is much better viz. Thy Prayers and good Wishes to be directed by the Line of Verity and led through the Labyrinth of Error and Mistake And as I never yet wished thee the least evil so shall I alwayes endeavour thy greatest good Farewel Will. Annand ERRATA Lex Loquens Page 6. Line 19. r. shining p. 23. l. 23. r. Fire DV P. 2. l. 2. r. Adapted p 21. l. 21. r. Princes and Priests l. 22. 2 Cbron. 23. 7. p 24. l. 7. r. Charnel LEX LOQUENS OR The HONOUR and DIGNITY of MAGISTRACY with the Duties thereupon depending and Reverence thereunto due Preached in the High Church of Edinburgh October 4. 1664. the day of Electing the Magistrates of that Honourable City for the ensuing Year EZRAH VII XXV And thou Ezrah after the wisdom of thy God that is in thine hand set Magistrates and Judges which may judge all the people that are beyond the River all such as know the Laws of thy God and teach ye them that know them not And whosoever will not do the Law of thy God and the Law of the King let judgement be executed speedily upon him whether it be unto death or to banishment or to confiscation of goods or to imprisonment AT the first infusion of the Reasonable Soul into man it was so Reasonable so Pure so full of Beaming Light directing to vertuous undertakings that his very Body was not under the Dominion of any not to be brought God himself excepted unto whom his Soul doth willingly adhere without so much as the shadow of desiring another Authority for the rendering of that we call Subjection What was intended or was founded in that primeve Soveraignty Adam was to have had over Eva or both of them over their Sons or Daughters sin hath eclipsed our Sun-like endowments that we are not able perfectly to discern But evident it is that man had at first dominion by publick decree only over Beasts of the Earth Fishes of the Sea Fowls of the Air Gen. 1. 28. That is as we now understand it over unreasonable Creatures hinting that where reason is perfected there is proclaimed freedom Dominion still hitting and falling upon that person with the heavier or lighter stroak where unreasonableness is more or less in-dwelling or any thing of the Bruit further in or faster rooted as Experience shews in Children Fools or Mad-men The Fall therefore in different degrees Bestializing Man Almighty Wisdom in all generations selected the most vertuous as Senior in parts to ●ule over those Younglings more inclined to debaur'd Yea hath from this their Office stiled them gods who were not eminent in that God-like quality of Holiness but Fiery and Tyrannical ruling over others as their creatures for the punishment of a people guilty of more atrocious crimes And as men multiplied and Nations increased so Rulers and Under-Rulers were propagated to restrain and curb persons more feral
are now by them constant in mischief called Turn-coats Let this mind you of that Proverb of the three great Travels and Labours in the world 1. Of a Woman in a Child-birth which is great 2. of a Magistrate for a Cities good which is greater 3. Of a Minister for his peoples Benefit this is the greatest in regard it may be most opposed by hands and tongues Yet go on R. R. and prosper many have laboured in Sword and Fire and would have others do so to eschew the Method such walked in and let me advise you and let none despise my youth to labour in your own Vineyeard It is a fine saying that there are three things necessary for a Preacher 1. Knowledge noted in the book sent to Ezekiel 2 Eloquence in the hote coal that purged Isaiah 3. ●olinesse of life in the hand sent to Jeremiah wanting Utterance he is an Insant Wanting Holiness he is a Devil whose great Employment is going too and froe making Division and stirring up medlers in other mens businesse for strife and debate Aarons Linnen garment by some Moralizing signified Purity his Breeches Chastity his Shoulder-pieces Strength the Purple in his Robe Patience the Scarlet Love the Blew Heavens Contemplation the Gold Wisdome with Discretion the Miter Devotion and his Plate Reverence to God his Bels and Pomgranats Prayer and good Works Now how unsuteable is such cloathing for the assisting at the making of a golden Calf How unfit is it in our Saviors eye to wash his Apostles feet a servile office with his upper Garment a Teachers Habit Let 's therefore follow our Father in these his Perfections leaving our vertue an Inheritance to our Posterity I mean his Sons I might urge our Savior whose name is writ upon his Thigh declaring he hath a posterity by lawful ordination begotten by himself whose White garments are not to be stained with the ink or soil of beastly conversation and whose Girdle is not to be loosed by following each fond principle or nice opinion neglecting the greater matters of the Law Let therefore your Priestly Office your Ministerial Habits mind you of your Pedigree and endeavor Sempiternally to minde your Sacerdotal Descent To come to fancy In Vtopia the Prince is said to be known in the Streets by nothing but by a little sheave of corn carried before him and the Bishop by a ●aper of wax Imagination concluding they ought to be known who are Guids and Lights to the people and this use except in our unhappy age we may deduce therefrom that as in the Kingdom of Israel their six Cities of Refuge sheltred 〈◊〉 from all ports yet three of them were poss●ssed by the Levits in the little spot beyond Jordan that the flo●k in the smalest Items of danger as knowing us their Shepherds afar off might run for Gospel Consolation assuring themselves thereof by venerable cloathing There were three famous men and worthy in the Congregation Moses and he had his Rod Aaron he 〈…〉 Samuel and he had his Coat clearing an expe●ienc● of s●me extern●l thing signifying their Office and Calling But who hath believed our Report for though in this we lift up our voice as a Trumpet we cannot perswade some otherwise resolved to confess this irregular That Church-men should not be Church-like and yet would be angry if the Bible were bound up in the fashion of a Song-book or a Pulpi made in the form of a Fiddle yet themselves walk as Ministrels that is not as Ministers in the Streets But to such who refuseth Aaron's I shall only wish them Adam's Girdle that a covering of Fig-leaves may conceal their shame that it be not exposed to the mockery of their Order and Office in others more true and faithful to their Colours For 3. His failing● giveth Caution It is not intended to pry into each Punctilio of escape whereof Aaron might be guilty leaving that Office to him who accuseth the Brethren And even Moses spake unadvisedly with his lips But I shall mention such as were more sc●ndalous and to which he was provoked 1. By Men. 2. B● Woman 1. By Men. This was occasioned by Moses absence and it was a beastly mistake for fearing the people he melted Mettal and framed a Golden Calf and gave to Moses a leaden excuse for so doing And I said said he Whosoever hath any Gold let them break it off and they gave it me then I cast it into the Fire and there came out this calf as if there had never come a graven Tool upon it but as the figured Calf had come by Chance by Miracle by he knew not which way Exod. 32. 24. Indeed the Churches weakness in Moses's absence when the Magistrat is not present hath many dangerous Symptoms of a Decay which should make both Moses diligent in attending his Charge and Aaron Couragious if Rebellion it self should divert a Magistrat it is never well with the Temple of Jerusalem when the Gates of the City are not watched not with the City when the way to the Temple mourns Make this Question in the worst of times Whom should the Priest of the moct High GOD please GOD or the People If GOD why then will he make a Golden Calf to please them if the People why do ye call your selves Gods Priests In short not desiring to rub old fores and being obliged to protest against future evils we have too many Calfs of the people made among us and therefore there is cause to fear the Wolves of the Evening for a punishment be commissioned to devour and destroy I have long ago half adored that Expression of a most Reverend Father when cast into the Furnace of popular fury in our late War in his own Funeral Sermon before Malice and the Axe had cut off his head Nor shall I worship the Imaginations which the people are setting up nor will I forsake the Temple and the Truth of God to follow the bleating of Jeroboam's Calfs in Dan and in Bethel c. But not to pursue the Metaphore in hardest Seasons let 's have recourse to Bethphage a Village of Priests signifying D●m●s Buc●ae Trumpeting to encourage each other and not be made to blush by frivolous because sensless Excuses from fear of the People For if we please Men we shal not be the Servants of Christ. But the second is more base because it was 2. By a Woman Miriam Moses's Sister fell quite out with Moses's Wife her Sister in Law and what in Gods Name had Aaron to do to interest himself in either except to agree them Yet this is somewhat Honourable that he is not the beginner of the plea For it is said Miriam and Aaron spake against Moses because of the Ethiopian woman he had married not the Ethiopia in Africa but a Country bo●dering upon the Red-sea and the same which is called Midian It was an old fault if any and newly riped up by Miriam who being first named seemeth to have led on
wild and unneighbourly from infecting by their bad behaviour the otherwise peaceable reduc●ng them by inst●uction by correction to a more goodly deportment and by death it self over-awing the like unruliness in the sad and passionat beholders Hence it was commendable in this Artaxerxes or Ahasuerus for Ezrah's King and Esther's Husband was one Man that God having made him Emperour over an hundred and twenty and seven Provinces blessing him with a peaceable Reign and gifting him with the Land of Canaan for the punishment of Israels sin to take care against the committing of more iniquity by impowering a holy Jew a religious Scribe a serious Devoto a Gospel Wise-man one that was known in Mosaick-Law who eying the Star of the promised return acted peaceably religiously and loyally under the Conquerour whereby Conquering so the Persian Monarch and his seven Counsellours that from them he received a Commission 1. For building of a Temple for the God of Heaven in Jerusalem that the people might learn Religion 2. For setting Judges and Magistrates over them that they might learn Manners ordaining the disobedient to have judgement speedily executed upon him c. For all which Ezrah was so grateful a Scribe so godly a Physician in curing the distempers of Church and State as to bless the God of Heaven for putting such a thing as this in the Kings heart prayed for the King and his Sons therefore his devotional affections running equally as a mighty River into the Fountains of Gods glory and mans good For this last Right Honourable our Temple through gra●e being builded are we met here viz. for appointing Judges and Magistrates and because your selves have Authority from our great Artaxerxes it is only my part as one of your unworthy Scribes to mind you of what I know you have already purposed i. e. according to the wisdom of your God which is in your hand to set over the people Magistrates and Judges all such as know the Laws of our God and to teach them that know them not In order to which according to the same Law let us distinctly view 1. The notation sense of the word and the end of Magistracy Set thou Magistrates and Judges 2. The necessity of the thing and rule by which they are to be chosen after the wisdom of thy God 3. The honour and respect with which the Magistrate is to be noticed and whosoever will not do the Law of thy God and of the King let judgement be speedily executed upon him whether unto death or banishment or confiscation of goods or imprisonment SECT I. The Notation Sense of the word and End of Magistracy IT cometh from the word Magister to have the Mastery Rule or Government over others one placed in power and lawfully impowered to coerce prevent and punish disorders in all wisdom The sense of the word Magister being Magus in the Persian Dialect called Wise men in St. Matthew such as the Greeks called Philosophers the French Druides the Egyptians Prophets the English Wise men or Cunning men or Canny man in this Kingdom vulgarly that is one Handy and Dexterous in the pursuit of those offices unto which their eminent abilities in the eye of their Superiours as a Commendamus did instate them as here the wisdom of God in the hand of Ezrah that is his promptitude therein and readiness thereat did prefer him in the observation of Artaxerxes to this high and eminent imploy The word Shaphetin radically signifies Judging but that part of it as to men which is translated Juridicos such a Judgment as judiciously giveth the sense or being of the Law called also Causidicos such as determineth or pleadeth Causes betwixt men and men Praesides Presidents a word intimating a person invested with publick Authority for management of the Affairs of a Common-wealth a Judge or Magistrate the Law and the People being the three essentials giving life and const●tution to a Re-publick Of Magistrates some are Supream others subordinat some are greater as having a greater charge others lesser according to the limits of their Government some such by Birth and Succession Artaxerxes was the son of Zerxes others by Election Suffrage or by Vote as Ezrah here and now with us The first as the King is compared to the Soul as being that Spirit by which a Nation is quickened the latter to the Body or Members thereof by which motion is made to curb wickedness and encourage goodness and that splendidly because of which there are who will have the word Magistrate to proceed from Magis-and Ter he performing a threefold office remarkably 1. In protecting all the people 2. In praying for the whole people 3. In punishing disorders among the people The Roman Magistrates were at first called Pretors as going before the people to espy and foresee perils then Judges from discerning the sense and expressing the meaning of the Law then Consuls from consulting the peoples welfare which again giveth a threefold use of Magistracy Hence they ar● called 1. Rulers from regulating the people that they grow or run not crooked o● uneven in their manners 2. Ancients as being older that is wiser then others governing by gray-hair'd experience by prudential advertance their Subjects who are supposed to be more young that is rash tender and head-strong 3. Elders as having both Antiquity writ on their Persons and Gravity on their Faces in opposition to those youthful and frisking glances they are to banish by more severe behaviour from this notion cometh the word Alderman in our Neighbour-kingdom and great City which represents but the sense of our word Baily a title lent us from our ancient Allies the French signifying Puissance Command or Authority infused into him for executing the Law in his place and stead under whom they are Bailies And your ordinary Additament Sir is but Senior having respect to his venerable age years and countenance not that a Youth may not be a Magistrate for Consulatus est praemium virtutis said the great Italian in his sound Politicks Government is the reward to vertue not of years he being Senior he being Alderman who is old stayed learned and grave in his carriage and conversation 4. Governours a metaphor snatched from the Pilots exercise a City being as a Ship the Magistrates thereof intended for safe conducting both Cargo and Vessel to the designed Port of peace and prosperity therefore were the Athenian Judges the day of Election sworn thus I will give sentence according to the Laws and Decrees of the people of Athens I will not take gifts for Judgement I am not younger then thirty I will hear both Parties the Accuser and Defendant alike I will pass Judgement aright in the thing prosecuted by Jupiter Neptune and all the gods They are called also High Hills Princes Leaders Powers Gods consulting about things to come judging about things present governing for the time allotted according to the known Law The Prefect of Rome under King Romulus had the
charge of the City only yet afterwards his Dominion extended to an hundreth miles about it exercising his Prefectory Prepositorship or Provostry for so I may call it according to the Idiome of the word as doing as going as speaking before the people for example for conduct for caveat that nothing should be done wickedly undertaken rashly or uttered indiscreetly against the b●nefit of that Body under inspection So Samuel was Magist●atus that is Magnus Magistratus shinely brightly being truely feared and highly approved of the people 1 Sam. 12. 3. It was said by a great man that nothing was more difficult then to govern well and such as are apt but to the contemplation how much more they that are called to the exercise of Magistracy shall find it more then ceremonious to be a Ruler For conform to Artaxerxes the end of that call is for 1. Judging 2. Teaching 3. Punishing of the people of which in order 1. Judging insinuating clearness of understanding This word Judices or Judges is from Jus dicere speaking audibly what the Law inwardly hath conceived his eye directing diving into the most dark recesses of a Statute for clearing up the iniquity or innocency of a cau●e depending before his Bench or standing at his Bar not torturing or stretching the joynts the●eof upon the Rock of subtilty but wisely to respect the meaning and ultimat scope of the appointed rule which is never to oppress What Sinews and Arteries are unto the Natural Body forming for upright walking that Judgement is to the Politick Bulk of a Society moving for discerning betwixt the clean and the unclean in Ezekiels style c. 44. Ocularly as it were pointing at their several natures for imbracing the one and spurning at the other and to discern between good and bad in Solomons wish 1 King 3. Dogmatically by an authoritative sentence unto which in that critical case of the Harlots an eager and sharp prying into the Law of Nature dissipated all foggy complaints solidly discovered the true Mother by an unusual command of dividing the child procuring a reverend fear unto his own Regal person all inferring from this acute discovery that there was no bemisting of his unde●standing For compleating of mans judgement or perfecting of justice Philosophers required these three things 1. Memory 2. Intelligence 3. Observation of providence and if we can remember the import of these it will much irradiat our understandings for giving Judgement in any case For 1. Memory is a repository for storing up Registers of former or past actings that as from a Bank they may be provided for ex tempore assaults Or again that Justice be not perverted when at last it may be casu●lly impeded but executed So Gamaliel secured the lives of the Apostles against the Councils resolution Acts 5. from calling to mind the unprosperous insurrections of Theudas and Judas So David at last executed judgement on Joab and Shimei proving at length too strong for any son of Belial 1 Kings 2. And Cesar's not reading the Letter that discovered his own intended murther by a miscreant crew of Conspirators given him before he went to the Senate may compel a Magistrate in tumults into a sagacious inspection of any informatory Epistle given in his approach to Court or Council or in earnest in the most serene tranquility of the calmest debate That check the oppressed yet loyal Machetas gave Philip of Macedon passing through inadvertence an unjust sentence may cause a Justitiary to have both his eyes open in deciding Causes It was this beholding the King drowsie and more then half asleep while the Pleaders pleaded condemned him in a certain sum upon which Machetas with a loud voice appealed from him this enraged and throughly awaked the King demanding to whom To your self Sir said he when you are perfectly awake This made the ingenuous Prince blush who hearing the Cause attentively again gave true judgement himself paying to the other Party the debt he had unjustly ordered the Appealer to discharge The same Prince in a hurry being complained unto by a poor oppressed Woman told her He was not at leasure she boldly enough replyed Then be not at leasure to be King The shamefac'd Worthy first gave her justice and frequently after that heard all complaints himself The remembrance of which and such other passages how competently as to the memory would they qualifie a Judge The 2. Intelligence is a pondering upon and searching as far as possible into the nature and circumstance of things present and before them the Complainers Grievance and the Plaintiffs Replyes being not alwayes writ in Text Hand craft and cousenage will dim the Letters and to make them appear fine they will it may be by the Parties be drawn forth in small Characters To this how excellent is a quick and piercing eye to know each Comma for keeping sense and right reading from the breath eye countenance of the most audacious arrive at the full Point or period of exact sentence and may triumph in the conquest over falshood yea perhaps preventing perjury Besides this darkness the unusualness of the case may jumble a Judge if not more then ordinary ready to apprehend what to do I have oft wondered at that Sentence of the Areopagi before whom a Lady was accused for killing her Husband and Son who had dispatched a Son of hers by a former Husband here there was cause to condemn and some cause to have compassion in securing life in deep meditation they ordered the Woman and her Accuser to appear before them some hundreds of years after that declaring thereby they would not absolve nor could not condemn leaving the case to the determination of the gods the Law of the true God not being known and the poor Madam tempted to such a passion by so treacherous a deed Magistrates are Heads and excessively fatal will it prove to the least Precinct to be moved by an eyeless that is a Headless Head success not being so betrothed to each blind man as she was to that famous Bohemian Zisca who fought several Battels with one eye and some with never a one yet still conquered the Papal Armies But also observe his victories proceeded from the bright Lamp of his beaming understanding or rather Sun of clear Judgement upon the information of the Enemies Array the Eye of the Body being but the Casement through which the vivacious Soul emits her light And a wise man will be wise in a dark Room and see clearly what to do though his eye-lids be closed A disjoynted Pilot will not secure a Vessel and a rash inadvertent and inconsiderat person Nature her self hath made unapt for a Judges Employ Pharaoh will have men of activity set over his Cattel Gen. 47. not Sir Dull-man who can neither judge of the Weather nor Pasture nor condition nor case of the Beast And finding Joseph discreet and wise he made him Ruler over all his House Solomon craved wisdom to go in and out