Brat of the former discourse 'T is as follows According to the Appointment the Five Elders with a few who run their way failed not to convene precisely at the hour Never were men more eager to get hands to a Paper than both Elders and Ministers especially the said Mr. Glen pressing every body to subscribe Amongst others came the Bailyff and unhappily put to his hand for which the honest Gentleman was turned out of his Office by the Earl and his Curators The Ministers had persuaded the Bailyff that Mr. Jaque was an excellent person but within a few days thereafter geting a true Description of his humour and temper of Spirit he sore repented of what he had done The Elders no doubt by the advice of the Brethren not thinking themselves sufficiently secure with the Subscriptions got within the Kirk went thro' the town for more Nor did they rest within Burgh but travelled to the Country to see what purchase they could make there And that we may put an end to this point we shall only give you the following Passage It fell to the lot of Jo. Thomson a Cooper and one of the Elders to go to a little Country Village called Fair-Cross never did a Beggar go more carefully from door to door or was more unwilling to go without his aâ—ms than he At last he stumbled into Dandy Huy's Barn where his Servant Lad Robert Bruice was Threshing After some little course Complement such as What now Robin you are alway busie is it not time to rest your self quoth John What now good Man is that you What 's brought you to this Town answer'd Robin I have been getttng Subscriptions to our new Ministers Call Robin quoth John again O man with a gape and a Glower We are now to get a dainty Minister O O O but he 's a brave man Every body is Subscribing his Call See man what Names are there holding out the Call and Subscriptions The Bailyff subscribes with the first in the name of all the Heretors Come Robin we must have your hand with the rest I cannnot write answer'd Robin No matter quoth John I shall lead your hand And so on the top of a Sack or something of that kind they two did the business 'T is worth the while here to shew you that John asked not for Good-man Dandy Robins Master for he had refused already to subscribe when desired by Michael Fisher another Elder Come Dandy said Michael lend us a touch of your fore-foot to a Paper here Fieâ—d a scrape and that I wot well quoth Dandy In short Dandy was more like to lend Michael his hinder foot than his fore-foot 'T is easy hence to judge what sort of Cattle except a few who did on the Bailyff's account subscribed this Call Journey-men Apprentices Servants Boys if not Children yea Beggars or such as live on Charity or not worth the Kings Vnlaw as we say To confirm this know that a debate falling out between Mr. Jaque and Mr. K. or rather between the E. of Roxburgh and Mr. Jaque about a Brew-House or Cellar for which Mr. K. being summoned at Mr. Jaque's Instance to compiere before the Sheriff of Tiviotdale his Proctour crav'd to see Mr. Jaque's Call in order to know his Right to pursue for the said Cellar Whereupon Mr. Archibald Dowglass Sheriff Depute past an Interloquitor that it should be produced next Court day which being come the Defenders Proctour crav'd the Call might be produc'd There is no need says the opposite Proctour to produce any such paper it being manifest to all that Mr. Jaque is Minister at Kelso The Defender oppon'd the other days Interloquitor After some jangling between the two Proctours Mr. Tho. Steel sitting that day in the Deputy's absence as the Sheriffs Substitute took the Call out of his Letter-Case and gave it to the Defender's Proctour who scarcely having cast his eyes upon it My Lord Sheriff said Mr. Jaque's Proctour 'T is not fit every body see this Paper and immediately he snatch't it out of his fellow Proctour's hand and threw it back to the Sheriff To which it was reply'd by the Defenders Proctour That as all Writs whereupon Processes are founded are given up to see and object against so much more ought this Call seeing from their Shyness in suffering it to be seen 't was presumable that 't is forg'd adding that he offer'd to Instruct besides several other gross Informalities which might be made appear if the Call were given up that many persons had Subscribed the same who had no Right to do it yea said he further I offer to prove that there are hands at that Call of persons that could never write in their Life These and many other things to this purpose were openly spoken in the Face of the Sheriff-Court at Jedburgh As to the business of the said Cellar or Vault which gave occasion to this Debate you will have a particular account thereof Sect. 7. Part 3. Ans to the 15. Art Remark B. § 5. THe Call being sign'd as you have heard was carried to Biggar where you may be sure it was made very welcome by Mr. Jaque who was weary of that People or rather they weary of him and that not only these of the meaner sort but persons of the highest dignity in this Nation And which is yet more Remarkable such as very much favour his Party particularly the Noble Earl of Crawford of which thing you may likely have a touch in the last or fifth part of this Process We cannot well pass here an expression they say he had to some persons at Biggar when they were advising of him not to go to Kelso You are now become Old said they to Mr. Jaque the people there are very High and Proud so that you 'll find them somewhat untractable especially considering that they are divided amongst themselves and those generally of the best Note are of a different persuasion in matters relating to the Government of the Church and consequently will suit very ill with your judgment in that matter That 's nothing answered Mr. Jaque I love to be in Action He had spoke more properly if he had said I love to be in Contention A Commentary on this may be a saying of his own Brothers son Alexander Jaque a Dyer in East Lothian while discoursing one day with a near Relation of Mr. K's he told he had an Uncle who is Minister at Kelso but added he Sure I am he 'll keep them all in hot water and make them eat their meat in order Shame befall him and you both reply'd Mr. K's Friend for well know I whom he keeps in hot water my very near Relation Mr. K. School-Master there but I am much mistaken if ever your Vncle was so well match'd in his Life I hope he who vanquish'd the Twenty Seven Gods of Lithgo will not be easily run down by one single Man At this Mr. Jaques Nephew stood as if his Nose had
Pounds sterl a Year 2. What may be his lossâ—ly breaking his School which he can demonstrate to be above fifty Pounds sterl a Year as to his Part besides the Vshers Proportion worse than when Mr. J. came to Kelso 3. What vast Expence he has been put to in the Defence and Pursuit of a great Number of Pleas before so many Judicatures at a great distance one from another 4. Which is by far the most considerable of any What toil of Body what vexation of Spirit what Trouble and anxiety of Mind he has endured God only knows nor can it be well express'd in words If he had not been â—f a strong and wholesome Constitution of Body blessed be God for it firm and resolute in what he undertakes Had he not been active and diligent in this whole Affair If he had not whereby to do his business and a heart to part with it Had he not been innocent of these hellish Calumnies laid to his Charge by wicked Men If he had not had a great many Friends the prime and most Honourable of the Nation and some very worthy Gentlemen and reverend Brethren among his Judges who did often curb the carrier of the furious Multitude If these or any one of these Circumstances and Qualifications or rather Acts of God's Favour and Goodness to him had been wanting he had been swallowed up quick long before he wrestled through the tenth part of this Process In plain terms he had been in his Grave his Family beggard and disgraced for ever To conclude we hope there 's no indifferent Person but he 'll think 't is most rational and just thus to publish to the World the following Account of Matters of Fact seeing that such vast numbers of most horrid and abominable Lyes grâ—ss and manifest Falshoods most dreadful and hellish Calumnies have not only by Word and Writing been spread abroad very â—hereby malicious and wicked Men but are standing on Record in the Registers of all the Judicatures of the Kirk of Scotland Mr. Kirkwood's PLEA WITH THE Kirk Session AND Presbytery of Kelso PART the FIRST SECT I. MR. Kirkwood having liv'd in Lithgo as School-master 15 Years free of any stain whatsomever on his Reputation was immdiately after the Election of Magistrates by Pole in that Burgh April 1689. threatned by them being all Biggotly Presbyterian either to forsake the publick place of Worship and go with them to the Meeting-House which was then kept in the Provost's-Hall and Kitchin otherwise he might expect to be turn'd out of Doors He being persuaded in his Judgment that the then establish'd Government of the Church was Lawful and convinc'd in Conscience that it was his Duty to comply therewith till the Powers of the Land viz. The Convention of Estates then sitting should make an alteration in the external Policy of the Church which in his judgment is indifferent And tho' there may be a better and worse yet if neither be sinful 't is the duty as he thinks of private Persons not only for Peace but Conscience sake to comply for tho' in its own Nature it be indifferent yet it ceases to be so when settled by Law For this Reason he positively refus'd to go with them to their Meeting-House whatever might be the event yet he was not wanting to use all Lawful and fair means to dissuade them from forceing him to act contrary to his Conscience And therefore he not only promised by word once and again for many Communings he had with them but to assure them of his sincerity he gave under his hand in a Letter written to Walter Stuart of Pardivin then Provost that he would chearfully Concur with whatever external Government of the Church the Powers of the Kingdom should be pleased to settle judging it his Duty to follow and not to run before the Laws in matters indifferent By the way 'T is most astonishing to see a body of People this day crying out against the severity of Rulers and complaining that they have not liberty to serve God according to their Consciences and yet to morrow when they get the Power in their own hands they become guilty of that same fault which they blam'd so much in others forgetting that great Principle of Religion Do as you would be done to That we may return again to our purpose know that the Magistrates did not fail in what they had threatned for within a very little time contrary to all Law and Justice contrary to the express Sentence of the Lords of Session they caused their Officers Four rude Fellows in a most Barbarous manner to drag him out of his own House and shut him up in close Prison as if he had been a Malefactor At that same time also they turn'd to the door his Wife and Seven young Children in the cold of Winter of which business a particular account was given in a Printed Information and Libel to the Lords of His Majesties Privy Councel Sept. 1692. Now that the Magistrates of Lithgo were highly Blame-worthy in this matter is evident from the Sentences of the two most Soveraign Courts of this Kingdom the Civil part of this Plea being frequently debated before the Lords of Session and always determin'd in Mr. K's favour and the Riots before the Lords of Privy Council by whom the Magistrates were Fin'd in 4000 Marks Scots for his behalf § 2. AFter a long and Expensive Plea M. K. in the cold of Winter came with his Family to Edenburgh where he liv'd above a Year without any Employment except that it pleased the most noble and worthy Members of the Committee of Schools and Colleges so far to Honour him as to cause him to sit with them and give his advice in matters relating to his Profession where his carriage was such that it mov'd some of them and other Gentlemen to be very earnest with him to take their Children under his Care to which at length he consented and within a short while he came to have the greatest private School that ever was in Edenburgh and certainly by far the most gainful When he was we may say at his heigth this way having about 140 Scholars almost all Noble Men and Gentlemens Sons the Countess of Roxburgh as Curatrix for the Earl her Son sent for him and gave him the offer of the School of Kelso with all the Profits and Advantages that ever was possest by any in that place He heartily thanked her Honour for the Offer but told her he could not embrace it having to do with so many Worthy Gentlemen who were mighty discreet and bountiful to him especially considering that he was much in their Debt they always paying before hand and a great many of them having only put their Sons to his School a few days before some that very same day And therefore he could not be so base as this day to receive Money and go away to morrow and he knew very well that these Gentlemen would not receive
Sir John was not come home nor expected that night being to come the Wester Road of which Mr. K. being inform'd about twelve a Clock at night got out of Bed immediately and wrote a second Letter sending it away with another Express towards Edenburgh tho' it was the Lord-day This Letter was in general terms shewing that there had fall'n out a business of such moment that unless he met with his Honour between and Tuesday he would be ruin'd forever and that Sir John's self was also concern'd in the matter This so alarming Letter coming to Sir John's hand at Stitchel he was not slow to send an Express to Mr. K. and he as ready at command Being come to Stitchel the very day before the Synod met a wonderful Providence he found Sir John Home and Sir John Pringle his Brother in Law alone in a Chamber both very anxious to know what the business was After a few Complements about one anothers health I sent Sir says Mr. K. to Sir J. Home my Son in Law with this Letter on Saturday to Balkader and your Honour not being at home he brought it back You may be pleas'd to read it for it will give you an Account of the business as succinctly as I can do by word of mouth Sir John had not travelled far into it when he lifts up his eyes and hands to the Heavens Sir J. Pringle standing by was astonished at he knew not what a meer shadow but after he got the Leter to read he found it to be a real Substance What shall I do for you says Sir J. Home to Mr. K. Shall I write to Mr. Jaque You may do in that as you think fit reply'd Mr. K. I humbly desire that you give me something in my custody And so immediately he wrote the following Declaration and delivered it to Mr. K. The DECLARATION of Sir John Home of Blakader I Sir John Home of Blakader being inform'd of a Scandalous Report of Mr. J. Kirkwood School-Master in Kelso his having behaved himself immodestly in my House and it being incumbent on me not only as a Christian but as a Member of a Civil Society to endeavour the preservation of my Neighbours good Name Do hereby testify and declare that in my life I never heard or saw any thing that might give the least ground for any such Calumny and particularly as to what he is accus'd to have been guilty of in my house I do again renew my Declaration that never any such thing passed but that the whole story from the beginning to the end in all its Circumstances is a most ridiculous impertinent and malicious Lye which I will declare on all occasions and do here give under my Hand and Subscription at Stitchel the 18th day of March 1695. Sic subscribitur John Home 'T is necessary here that you know that these two Worthy Gentlemen above mentioned came down with Mr. K. from Stitchel-Place to Stitchel Town aquarter of a Mile distant to see Mr. Glen Minister there Mr. Jaque's very intimate Friend Mr. K went on his way home they turn'd in and gave Mr. Glen an account of all that had past Immediately Mr. Glen dispatches Mr. Taylor his Wifes Brother with all speed imaginable to Kelso to acquaint Mr. Jaque with the thing Mr. Taylor was at Kelso very near as soon as Mr. K. By good providence Mr. K. no sooner alighted off his Horse than he met with Sir W. Ker. to whom he shewed Sir John Home's Declaration which when he had read You are â—ow says he as sure as the Bass and may defy them all and vex them to boot But tell me continued he whether or not your business be to come in before Synod to morrow That I know not reply'd Mr. K. I am not Summoned to compeat before them Perhaps they may do before the Synod what they did at the Presbytery they likely will not call me at all but transmit the matter to the General-Assembly My advice therefore says Sir William is that you go just now to Mr. Jaque and ask him whether or not the business be to come in before the Synod and come back and tell me There were about thirty paces to Mr. Jaque's House Mr. K. goes strait to his Chamber and finds him and the said Mr. Taylor very busie the one hearing the other narrating what had past at Stitchel But as we say Lvpus intervenit fabulae Both were struck dumb Mr. K. without any long preamblet ask'd Mr. Jaque if his busineâ—s was to come in before the Synod or if he was to be summoned to compear To which getting no answer he again repeats his words saying Sir I earnestly beg of you to tell me whether or not I am to be call'd in before the Synod I hope Sir you will excuse me for being so pressing where I am so much concern'd my reputation lies at stake In short Mr. K. return'd to Sir William and told him that Mr. Jaque positively refused to answer any such Question Since said Sir William they will not bring in your business before the Synod you must do it and the fittest way is by a Petition which accordingly was done The Petition being somewhat large we shall only give you the Sum thereof which is as follows Tâ— Sum of a Petition given into the Synod by Mr. K. 19th March 1695. WHEREIN he shews that he being presented by all concern'd to the Offices enjoy'd by his Predecessors and to the Fees and other Profits arising from them conform to his contract and being admitted Schoolmaster has possest the said Office since and having first craved from the Elders next from the Presbytery to be settled in the other Offices mentioned in his Contract was debarr'd therefrom as was pretended by reason of a non settled Minister and Session And now a Minister being setled Mr. K. again apply's to Minister and Elders craving their Concourse in so far as is competent to them They instead of giving him a formal and legal answer to his Petition did pretend they were informed he was guilty of several most Horrid Crimes and Immoralities and without the least attempt to verifie the same immediately referred the business to the Presbytery the Presbytery without so much as once speaking to him or calling for him put it into the hands of the Synod the Elders and others in the mean time spreading abroad through the Kingdom most dreadful and hellish Calumnies and defamations against him He concludes begging the Synod would be pleas'd to cause exhibit before them the Precedure of Session and Presbytery and to allow him an Extract thereof and a competent time to answer the same that his Innocence might appear and his unjust Defamators may be proceeded against according to Law § 14 Now know that Mr. K. was not cited to compear before the Synod which is an Infallible sign that either the business was not to be brought in at all or if it was to come in before them it would
few days thereafter he had Nettl'd Mr. Jaque and his Elders at another rate for Sir J. Home was not at home far less in his Closet when such a thing should have fall'n out as he himself declar'd in face of the followâ—â—â— Synod of which business you have particular account Sect. 23 c. Now know that after M. K. had spoke as is above-related not so much as one Member of the Synod offer'd to open his mouth So that all sat for a while mute till the Moderator at length said Mr. K. you may remove a little and you shall have the Mind of the Synod What thoughts the Members of the Synod had of the whole Affair and what reasoning was among them after M. K. was reâ—â—â—v'd you may very easily collect from what foâ—lows Mr. K. therefore being call'd in again T is the Judgment of the Synod says the Moderator to him that you caâ—â—y homâ— with you this Reference of the Session and what you own in it you set down by it self and subscribe it There is a Committee appointed to meet to morrow morning at eight a Clock in Sir John Clark of Pennicâ—ok 's Chamber in Robert Ormston 's Horse to receiâ—e your Answer This indeed was the heighâ— of Justice more could no man expect And yet it was but Justice and no Injury done to the opposite Party No real and true injury we meâ—â— no Inâ—ustice done them but much Infamy and Disgrace is thereby put on them For in effect 't is a perfect Confirmation of all that M. K. said in face of Synod and a condemning what Mr. Jaque and his Eldeâ—s had done to say nothing of the carriage of the Presbytery in the said Affair There remains one other thing which does not a little confirm some Points of the Premises 'T is this The said Reference was so ill written or interlin'd especially where that business of Blakader was given an account of that it could not be read and â—herefore said one who no question favour'd Mr. Jaque and his Party There 's no need to read any more of it By no means Moderator reply'd M. K. must that point be past That 's the main Clause if they gain that they gain all and if they lose that they lose all So the Paper went through four Ministers hands and yet could not be distinctly understood And therefore Mr. K. said to the Moderator How shall I read this Paper which four of your Brethren can't do Take him with you reply'd the Moderator who wrote it And thus M. K. took his leave of them thanking them all very heartily for the Justice he met with from them § 16. HOme immediately he goes thinking to shut himself up within his Closet but he was by Friends one after another who were more kind than welcome kept from doing any thing till after midnight Then falling seriously to work first to write over the Reference for he could not do any thing to purpose till he put it into a better dress and having scarce well begun poring on it to get it read for he could not have Michael Fisher writer thereof to assist him as the Moderator had advis'd and leaning with his Arms upon the Table the Pen did drop out of his Hand and he fell sound asleep 'T is no wonder for he had slept little or none in eight days and nights before being mightily troubled about that Business in Blakader the Candle all the while burning by him But at last he awakes with no little astonishment seeing both Candle and fair day-light Nor knew he for a pretty while either where he was what he had been doing or what he had to do And after he had gather'd in his Thoughts and was as 't were come to himself his Body was altogether incapable to move being as stiff as a Tree with cold sitting in a Room without a Fire his Fingers not folding themselves to hold the Pen. But above all things the trouble of his Mind and Spirit with the Thoughts of not having sufficient time to prepare Matters against the meeting of the Committee gall'd him to the very Heart Haveing got with some difficulty to his Feet he took some few turns through the Room as nimbly as he could rubbing his hands one against the other till he got Life again into them Then falling to work he scribl'd over the Reference and made some few Remarks thereon not so well digested as otherwise they would have been if he 'd had more time He kept not a double of the Paper which he gave to the Committee yea he scarcely had time to read it over after he had written it The Heads or Scrole thereof as a Memorandum of what he gave in he has by him of which take this short account at present and you shall have some more hereafter Some REMARKS on the more Material Points of the Reference 1. HIs claim to be Session-Clerk c. is not only founded on his Contract but also on the uninterrupted Custom of the place past memory 2. He used no such Distinction as formally and virtually not being proper Terms for that purpose â—he said his Contract was not presented to the Presbytry in Ter minis but which was equivalent the Sum or Substance thereof viz. as much as concern'd the Presbytery to know was represented to them in a Petition given in by the Baily in name of the Earl and others So that in effect the Contract was intimated to the Presbytery in all parts necessary for them to know as the said Petition at more length bears Sect. 5. Part 1. 3. As to that Question Whether or not he was qualified or fit to precent in the Church he answer'd modestly he was none of the best he had Art but his voice was not very pleasant And besides he added that if people were not pleased with him he would substitute the School-Doctor 4. As to that Question whether or not the Presbytery had approved of his being a person duly qualified to be School-Master according to that Act of the Gen. Assembly 7 Feb. 1645. He answer'd that the abovementioned Petition given in to the Presbytery by the Baily expresly bears that the Heretors were sufficiently satisfied as to what concern'd the said Act besides other qualifications requisite for one of his Office leaving to the Presbytery to make what Enquiry and Trial they thought fit in that Matter He added that it was a sufficient sign of their Approbation that 4 of 6 Members of the Presbytery for there were no more had put two their Sons one his Brother the fourth a Friend to his School 5. The account given in the Reference of his Testimonials is very defective failing both as to their Number and Quality of some it speaks with disdain others it quite omits As to his not having one from Mr. Wear in Lithgo he told the Session that he was not Minister there in his time So that things here in the Reference are exceedingly mis-represented
to his wonted Custom having gone from Kelso to Edenburgh from thence to Lithgo from that to Borroustonness from whence are 4 miles by Sea to Culross where the Earl of Kincardin lives About half an hour before Sun-set he enters Boat wherein were about 20 Persons some whereof were his old Acquaintances and very kind Friends After the ordinary Complements about one anothers Health The Folk of Lithgo says one to M. K. do now sore repent of what they did to you and your Family and I know that many of them heartily wish you would come back again O but said another they treated you very barbarously They first imprison'd your self and then cast all your Goods into the Street I 'm sure said a third 't was not their Duty for kind was you to the Presbyterians when they were very low I remember continued he when about 1200 Prisoners were brought from Bothwel-bridge through Lithgo and were put all night into the Flesh and Meal-Markets most of them almost wholly naked and about 3 or 400 wounded you alone stood from two or three in the Morning till near eleven upon the Walls reaching down with Ropes Meat and Drink and throwing among them many Cloaths which the People about brought to them and no other was suffer'd to stand there but your self having I remember Brown of Thornidike Captain of the Guards his Staff as a Warrant that the Soldiers might not challenge you For you know they were very strict on the account that some of the Prisoners had made their Escape out of the Meal-Market And kind was you to many that lay Prisoners in Lithgo-Tolbooth particularly to Mr. Andrew Donaldson a Presbyterian Minister in Fife and to Mr. William Tullidaff who was long Prisoner in Blackness-Castle pointing to it with his hand for it was in view and to his Family that then livâ—d in Lithgo c. While some were talking to this purpose a young Woman in no very good Dress unknown to any in the Boat after a very deep Sigh says O a long pronounc'd O indeed For this Business would be much better understood by acting it viva voce than it is being thus deliver'd by Pen and Ink O says she What hard things have I suffer'd Few know my Sufferings Her very looks and countenance in the mean time pleading for pity from all that were present What have you suffer'd said Mr. K. to her O Sir answer'd she Know you Sir Wil. Ker. of Greenhead I was five years his Servant and that I may repent this day O another long O beating on her Knees with her hands O that I had never seen his Face And yet I must confess that he is a most worthy Gentleman I cannot blame him Come to the purpose Lass said M. K. and tell us what you have suffer'd and how Sir W. Ker comes to have a hand in 't Then with another deep Sigh after that says she I left Sir William 's Service I came into Edenburgh and he and another Gentleman employ'd me to carry in Letters to my Lord Ballantin who you know was Prisoner in the Castle of Edenburgh I got a Fourteen indeed for â—â—â—ry Lâ—â—ter At last I was apprehended and searcht and the Letters taken out of my Breast I would never tell who they were that employ'd me but said that I got the Letters from a Gentleman upon the Street and two Fourteens to carry them to my Lord but we knew not whose Letters they were And so I was taken to the Canon-gate-Tolbooth where I have layn these seven Months and came out Saturday last 'T is true Sir William and the other Gentleman were always sending me something the Lord reward them and at last have get me set at Liberty But alas with a deep sigh shaking her head and wringing her hands Alas Alas said she The Servants and Officers of the Tolbooth have taken all from me they have left me nothing but the Brats you see on me I am going over the Water to an Vncle who lives about eight Miles from Culross he owes me ten Pounds Scots if I get it from him Iâ—ll put Cloaths on me with it I know not what to do I have not two Pennies in the World I know not how to pay my Fraight I expected Money in Lithgo but they were not at home that should have given me it and now 't is night I know no body I was never here before This and much more to this purpose she spoke with the greatest Confidence imaginable and never had a word to seek as if she had been reading a Print Book so that Mr. K. with all that heard her believ'd every word she spoke In short he pay'd her Fraight and recommended her to the House of William Couston commonly called Judge Couston a Fewer in Culrâ—ss telling his Wife he should satisfy for her Quarters that night From thence he went to see his old friend James Craich a Merchant there whose Son Mr. William Craich an excellent youth then Chaplain to the Duke of Queensbury he fortunately sound there having come to see his elder Brother John dying of a Consumption The said Mr. William did not long survive his Brother dying of that same Distemper Mr. K. had taught him together with My Lord Bruce his Latin and Greek After some discourse and a Game at Chess Mr. K. gave them an account of the said Woman telling where she lodg'd The elder Brother a very Sagacious Man Tho' weak in body yet had spirit enough asked Mr. K. if he knew that Woman what she was or where she liv'd c. I never saw her before nor heard of her answer'd Mr. K. till I was in the Boat Beware reply'd the dying Man she play you not such a Pavy as two Jilts did about a Month ago in that same house Pray tell what that was answer'd Mr. K. There came said the sick Man two Women to Judge Couston's House â—he one very big with Child as appear'd the other waited on her as a friend or a kind of Servant They told they were come from such a place and goin◠〈◊〉 another gave this and the other reason why they were thus alone she wâ— Married but durst not yet reveal it They came said he on Saturday and staid all Sunday but it was observ'd by the Servant Maid who did not go to Church but staid at home to wait on the said two Women that they were exceeding curious tho in a cunning manner to know where the finest things lay and to see them This being told to the Masters of the Family they concluded they were Cheats and therefore Judge Couston the good man himself resolved to watch all night and to lie in a room next to theirs The night said he is not long 't is no hard business to watch one night About the break of day he falls asleep The Jilts get up and knowing where things lay carry all away with them they were able to bear the worth they say of about
K. is certainly inform'd and consulted the Business with the Members of the Presbytery particularly with Mr. Noble in Ecford Mr. K. humbly begs pardon for being so large on this point which with that in Blakader has been contriv'd by wicked and malicious Men on design utterly to ruine and disgrace him for ever But blessed be God who has so order'd things that what you see mainly design'd for his hurt tends most to his advantage and to the eternal Infamy of his Enemies An Account of the Business about the Keegrels § 14. MR. K. is very loth still to be harping upon one string and always raking dung out of a filthy Puddle But since malice and envy have trampl'd and press'd him down over head and ears in a most ugly mire Must he not be pardon'd if he can wrestle out again and wash himself that he may appear somewhat honest-like amongst his Neighbours But here 's the Misery After he has got out of one Puddle they fling him into another and after that into a third and fourth Ah 't is to be fear'd if God send him not help they will never desist till they end his days in some hole or other Lo here a most uggly and durty one as is represented tho' not so in it self He humbly begs your patience to stand by till you see him wash himself We shall leave this Allegory and come to the true matter of Fact Know then that it was depon'd that this obscene word as they call it was us'd in Mr. K's School What Witness depon'd it Whether only once or frequently us'd in his School Whether by Master or Scholars or both Whether in his School at Lithgo Edenburgh or Kelso c. Mr. K. can 't give you no certain account for amongst many other great Acts of Injustice done him this is one that his Judges would never suffer him to see the Depositions yea not so much as to let him hear them read over That this word is amongst the Depositions is certain for many of the Judges have told him that it was there and if his memory fail him not they said it was depon'd by Ja. Brown by far the most famous of all the Witnesses as you will hear in its place Sect. 24. The ocoasion of the word Keegrels The true Story is as follows One now Mr. Dan. Cameron Precentor in the Gray-Fryars Church at Edenb came about the year 1684 to Mr. K. then School-master of Lithgo earnestly begging he would be pleas'd to teach him Latin M. K. considering Daniel's years which he took to be about eight or nine and twenty answer'd if his Ingine was tolerably good and if he would be diligent and continue so he might soon acquire that Language I shall study day and night reply'd Daniel till I have it In short he falls indeed very frankly to work and among other helps reads Vocables the Latin in one Column the English in another where reading the Parts of Man's Body Caput the Head Manus the Hand c. he comes down to Coles which he finds rendred A man's Yard Daniel quite mistakes the word Yard thinking Coles signified A stack-Yard or a Garden that same with Hortus And therefore in presence of the whole School he says to Mr. K. Sir May not Coles signifie as well a Womans Yard as a Mans Coles matris as well as Patris Mr. K. smiling turn'd himself about as if he had been going to beat a Boy for some Fault In the mean time one Neal Cambel a Boy of 7 or 8 years of age standing hard by Daniel pusheth him pretty smartly with his Shoulder saying Houtman Hout 'T is a you hae sounding it after the vulgar Scots-way Daniel mistakes this also thinking Coles signified not only a Man's Garden or Stack-yard but his whole Fortune or Estate viz. All he had or possess'd And therefore another Boy a Gentleman's Son in Lithgo perceiving him still to be in a mistake pointed with his hand towards Daniel's Breeches saying Stupidissime Asine Coles significat your Keegrels your Keegrels Daniel Then indeed Daniel came to know what Coles signified more by the demonstration of the Boy 's hand than otherwise This is all that pass'd in the School Some persons in Town hearing of the Business fail'd not to object it to Daniel pointing with their Finger and saying Daniel Coles your Keegrels your Keegrels Daniel Further know that Walter Sandilands Son to the Laird of Hilderston in Lithgo coming to Mr. K's School both at Edenb and Kelso for he would not come to any other Master told the said passage to his Comrades For it was his Brother if Mr. K's memory fail him not that pointed with his hand towards Daniel's Breeches So much for the rise and occasion of this word follow some remarkable effects it produced amongst the Brethren and others The Effects or Dregs of the word Keegrels § 15. VVHen this Word was depon'd Mr. Thomson Judge Clerk and Witness above-named ask'd his Brethren how he should spell it They either could not or would not instruct him being as we are told otherwise busied For they were all like to be-piss themselves with Laughter Hence 't was whether by their Fault or the Deponent's who perhaps gave it not its proper sound 't is not worth our while to enquire into that it came to be spell'd with a G and not a K Gigrels not Kigrels or rather as some great Artists in Spelling say it should be Keegrels This Error whether we say of the Clerk or his Brethren or the Deponent has been the occasion of no little work in the following Judicatures and of great Laughter in all Companies where frequently it became the main Subject of Discourse some sounding it Gigrels as we do G in Lego others as it were Jigrels as we do G in Legis a third person crying out that often he had heard Wagrels but Keegrels Gigrels or Jigrels did he never hear before Yea even the Women made it the Subject of their Talk saying Away with these rugged kind of words Can't you not use such smooth and soft words as we do when we bid our Children hide their Walies or Pilda's If this account offend any modest Ear as certainly it will let them blame first the Kirk-Session of Kelso next the Presbytery and lastly the Synod of Mers and Tiviotdale who frequently toss'd this Business and many other things of this Nature like a Tenis-ball in their publick Judicatures and private Meetings on purpose we may say to ruine and disgrace Mr. K. And if this was done by wicked and malicious Men for the destruction and hurt of their Neighbour shall it not be lawful judge you for him to speak or repeat over again these same words for his own Vindication A necessary Caution Pray don't mistake us as if we were here charging all the Members of the Synod as guilty of the abovementioned Crime No no we are very far from that All the worthy Gentlemen Sir John Home Sir
Kin by Office to themselves and only alledged to be guilty of private Faults Those did cast a Witness tho he wished the Person heartily well against whom he was to depone These sustained a Witness who plainly told them judicially that he had a Prejudice at him against whom he was to depone For you are not here to look upon this as Mr. Couden's Deed alone but his Brethrens also They are sharers with him of this heinous Transgression It is a wonder they run nor out of the Church when they heard Mr. Couden propose such dreadful Interrogatories It was far more becoming the duty of the Ministers of the Gospel to have sharply rebuked that Boy for harbouring so long in his heart a Prejudice at one that was once his Master than thus to indulge and encourage him in his Sin But they must be pardoned for they were so mighty eager and not upon the pursuit of the Ruine and destruction of another Man in this Life that they quite forgot the Eternal Salvation of that Boy 's Soul in that to come § 21. WE must not leave this Business so abruptly especially considering that upon the Deposition or Faith of this one Witness are mainly founded the principal and most material Reasons of that Sentence passed against Mr. K. 22 Oct. 96. of which in its place We shall here only name a few things which it is very fit you know a little more distinctly and fully 1. You see the Father plainly told the Judge that his Son had a Prejudice at Mr. K. The Son confirms what the Father had said yet neither of them prevails And who else in the World can know this Prejudice so well as Father and Son 2. Both tell its rise and occasion Mr. K. beat him so that he left his School and never return'd to it again Mr. K. does indeed confess that he beat him and that deservedly but too gently Nor did he any more return having learnt his Latin and some Greek so went to College The Cause of his being beaten and the way it was done is thus as many attest While Mr. K. examing Theams his Scholars sitting about him in a Semicircle one Rob. Handiside rising from his Seat advances little more than a pace to give his Master his Theam In the mean while James Broun gets into it Handiside complains Mr. K. finding him wrong'd commands Broun to rise He in a manner refuses muttering something within himself Mr. K. giving him about the Shoulders with his Scourge makes him to rise After this he did not return Upon the like occasion he left Mr. George Adam 's School who was Mr. K's immediate Predecessor now in Mussilburgh 3. This Prejudice continues some years and so becomes rooted and fixed in the Heart It was more than an ordinary Prejudice that had lasted about 3 years The Sun should not once set in our wrath say the holy Scriptures here it arose and set above two thousand times Call it by what name you please Envy Hatred Revenge for it well deserves any of these Yea Malice it self tho' not in Mr. Couden's Sense For certainly in this point he differs Infinitely from all the Divines on Earth His is a wonderful kind of Malice Malice as deep as Hell as long and broad as Eternity infinitely perfect in all its Dimensions and for its Nature or Quality it is unexpressible being in every respect as black as the Devil himself It is a Question if there be any Person on Earth so exceeding wicked and malicious so cursed and hellish as to imitate Devils in that degeee in a sober fit to wish their Neighbour were in eternal Torture amongst unquenchable Flames But whatever may be Men's private Thoughts or secret Wishes or rash and inconsiderate Words in a Rage or Fury yet it is madness it self to suppose that any person in the World far less a Christian is so demented as to say in face of a Judge yea in presence of a Church Judicature That he wisheth his Neighbour's Soul were in Hell And hence it is one of the most foolish things in Nature to propose such a Question which is to be answered Affirmatively or Negatively and yet all the World will answer but one way Was it not a wonderful Skip in Mr. Couden to jump at once from the short Miseries of this Life to the everlasting torment of that to come He might have many thousands of Questions at hand all fitter for his purpose than these above-mentioned Pray what need was there to fetch them from Hell Might he not have said Would you be glad to see Mr. K. so disgraced as to be put out of the Town by the hand of the Hangman And it is very probable he might wish some such thing Or Mr. Couden might have gone higher as Could you desire to see such a Mark set on Mr. K. as the Lord put on Cain Or Could you see him cast into the Lions Den with Daniel Or into a burning fiery Furnace seven times hotter than ordinary with Shadrach Meshach and Abednigo c. 4. Know that this Witness deponed more than other twenty as Mr. K. is informed if not in Bulk at least in Quality And hence it was that by no means they would cast him because many great things were expected from him We have once and again above told you that what Mr. K's Adversaries had most confidence in did chifley fail them and tended most to their hurt and disgrace This you clearly saw in the Business of Blakader and in Mr. Scot's Deposition but this in hand has quite sunk them and sav'd Mr. K. This as you will hear in its place made the Committee of Bills in Edenb sit as mute as Fish Sect. 6. Part. 5. 5. Know that this Business came to light but of late about a year after the said J. Broun deponed otherwise you may be sure it had been inserted amongst the Reasons of Appeal But that which we judge most worthy our notice here is the admirable way this Business came to the knowledge of Mr. K. and others viz. by the means of an Ass an Ass from England O happy happy thrice happy hour in which this Ass crossed the Border By this Ass a great wonder is wrought in our Israel and a dark and hid Mystery is brought to light We read in holy Writings that an Ass spoke 22 Numb 28. and reproved her Master the Prophet for beating her who had saved his life This Ass has done more than that She has saved under God the Life of the said J. B. and reconciled Mr. K. with the Father and Son Yea we hope she has done more than saved his Temporary Life The poor miserable Youth was most pitifully misled by blind Guides but this Ass has most providentially brought him back to the right Path By that Ass at least indirectly the eyes of her Master were opened to see the Angel standing with a drawn Sword ready to slay him Would to â—od by this Ass
have given Satisfaction to the far greatest part of the Synod Sir J. Pringle went strait to the Church and as he was entring he hears the Vote going about Sir J. Home came to Mr. K's House and shew'd him the said Paper but before it was well read over word came that a Sentence was past So that all the great Labour and Toil these two Persons of Honour had taken came to nought Many of the Brethren sore Repented this afterwards and sought for an Accommodation but could never have it in the terms they then had in their offer as you shall see in its place Follows the Sentence of the SYNOD Sess 5. ante Meridiem Kelso Oct. 17 1695. § 25. THe Synod having receiv'd the Report of the Committee anent Mr. J. Kirkwood School-Master of Kelso his Process together with the following Overture viz. That the Committee taking to their serious Consideration the Complex Affair of Mr. K's Process judgeth him unfit to be either Precenâ—or or Session-Clerk and allows Mr. W. Jaque Minister of Kelso with the Session of Kelso to provide a fit Person for these Employments Ay and while the School of Kelso be provided with a Qualified Doctor for these Offices and he who shall Precent or Officiate as Session-Clerk shall have a Quarter of an Years Advertisement before they provide another who is to be Tried and Approven by the Kirk-Session and Presbytery of Kelso and what concerns the Libel to be refeâ—â—ed to a Committee for further Consideration and Enquiry And in Case Parties do not agree anent the Examination and Tryal of the Doctor for being Precentor and Session-Clerk they shall make Application to the said Committee Which Overture being Read and Maturely considered the Synod by Vote approved the same And further the Synod Nominates and Appoints the following Persons for to make up the said Committee viz. Mr. Semple Mr. Vetch Mr. Wilson Mr. Couden Mr. Johnson Mr. Orock Mr. Noble Mr. Dalgliesh Mr. Boid Mr. Edgar Mr. Home Mr. Calderwood Mr. Gordon Mr. Dysert Mr. Bell Mr. Guttry with the Mod. Ministers My Lord Polworth the Lord Mersinton Sir John Riddle of that Ilk Sir John Home of Blakader Sir John Pringle of Stitchel the Laird of Wadderlie Francis Gladstones of Whitlaw Adam Tait William Young of Spittle-Land Ruling Elders Impowring them either to determine in the foresaid Affair of Mr. K. committed to them if they see cause or to call a Synod Ad hunc Effectum whereof Nine shall be a Quorum Six of the Nine being Ministers and the first Meeting of the said Committee is hereby appointed to be the second Tuesday of November at Kelso Extracted out of the Records of the Synod of Mers and Tiviotdale by Sic Subscribitur Jo. Gaudy Cle. Syn. Pro. Mr. K. with these Commissionated from the Earl being called in to hear the Sentence Read and it being done lest it should be said he did things Precipitantly begg'd Liberty before he gave an Answer that the said Commissioners and he might retire alittle into the Church-yaâ—d to consider the mattet apart which desire was very readily granted In short they found the Sentence to be most unjust in regard it does palpably encroach upon the Earl's â—or our Right and Interest by taking from his Lordship that which he and his Predecessors have peaceably possess'd past Memory of Man and putting into the hands of Mr. J. and his Elders and consequently quite razes and destroys the ancient Constitution and Custom of the place and altogether renders Null and of â—one Effect the Call and Contract made with Mr. K. and by an Infallible consequence is most injurious to his Right and Interest depriving him of the Emoruments and Profits which the Earl and others in a most formal manner bound and oblig'd themselves should accrue solely to him And besides the Material Injustice in the Sentence they found a wonderful slip in its Form by declaring Mr. K. unfit for the said Offices and yet gives no Reason for the same Upon these and other grounds they go in again to the Church and Unanimously represent to the Synod that they could not comply with this their Sentence for the Reasons above named and others And therefore appeal'd from them in matters Ecclesiastical to the next ensuing G. A. and in matters Civil to the Judge ordinary as Instruments at more length bear REMARKS upon the Sentence of the SYNOD § 26. WEre it not that you are to have a pretty large Account of the Actings of this Synod in that above mentioned Paper given into the Synod at Jedburgh Sect. 13 Part 4 we could not pass here so slightly several things of very great moment as to Mr. K's part and yet matters there are not delivered so fully and lively as could be wish'd in respect he was then â—ot a little straitned in time several other businesses of no small Concern occurring Nor can we now at least we will not make any alteration in that Paper lest our Adversaries should think that we wrong them by making things appear in another dress than once they were in All we shall say here may be comprehended in these few particulars 1. You see in the Sentence that the Overture of the Committee being Read and Maturely as they say considered is approved by Vote of Synod By Maturely here certainly is meant Duly or Seriously whereas in effect it ought rather to be taken in also â— Native and Proper Signification viz. Farly Speedily or Hastily We hate to Jangle about the various acceptation of Words but far rather love to speak home to the matter in hand In short therefore we daâ—e positively assert that the Synod and its Committees had sit and â—o 〈◊〉 the Affair 3 Years as they did 3 Days and yet all that time never once call M. K. and others concerned to see what they had to â—aâ— for themselves the business could not be Maturely or Duly considered that is Canvass'd as it ought to be Modo more debito as Justice and Law require It this be not done 't is to pass Sentence against a Person Indicta Causa without hearing him You may as well not Cite him before you as not to call him in till it be to hear his Sentence read 'T is all one as if you should send him word by your Officer or desire one of your number to acquaint him that a Sentence is past so and so Now is not this down right Mr. K's Case Yea and the Earl's also Sentence is past on both without hearing them speak one word in their Cause And yet M. J. forsooth the Chief and Principal person of the opposite Party is permitted to sit amongst the Judges and plead his own Cause If this be not Partiality in the Judges there never was any in the World 2. Lo here is a Sentence without any Reason except the Will and Pleasure of the Judge A new sort of thing never that we know heard of in the World before Ay but there 's
from Mr. â— and his Elders was both 〈◊〉 and deâ—ective Sect. â—◠〈…〉 Reference 〈◊〉 yet neither they nor any other Judicatures did so much as 〈…〉 Testâ—â—onial◠〈◊〉 desire to see what kind of Testimonials he had It wou'd seem they â—ear'd to see them lest they should have been satisfied therewith But 〈…〉 be suppos'd 〈◊〉 had no Testimonial at all you know 〈◊〉 is the Custom of this and all other Nations to 〈…〉 to get 〈◊〉 No man will call it a fault oâ— Crime â—or to 〈◊〉 one Only 〈◊〉 implyâ— guilt if you 〈…〉 Testimonial when you seek it If the Synod had been pleas'd to desire him to get mâ—re Testimonials from places where he livd he could have got horse loads of 'em See what Dr. rule says Sect 7. Answer to the 4 Article Rem 9 Part â— Lastly is' t not strange that Mr. S. Moderator and Mr. G. Clerâ— should now challenge Mr. ◠〈…〉 of sufficient Testimonials and declare him unfit for his Office upon that head whereas a few months before this Plea began the said Mr. G. made noâ— the least scruple imaginable without asking for a Teâ—timonial to admit him and his wife to the Sacrament of the Lords Supper in his Church and gave him out of his own 〈◊〉 the Tokens 〈◊〉 they call them And Mr. S. who was Assisting there gave out of his hand into Mr. K's the Elements R. 5 He entred withuot trial c See Sect. â—â— Answer to the â— Article The waâ— or manner of his Entry you have at large First Part. R. 6. He is of 〈◊〉 and unsound Principles c. See Sect. 7. Answer to the 7. Article with its R. Part 3. R. 7. His Papers given in to the Synod have been very offensive c. â—Tis an Offence taken as we say not given Black ought to be call'd Black 'T is a fault not to speak and write conform to the Subject when we are call'd to it Râ— 8 â—y the Depositions of witnesses it appears he wants 〈…〉 See 〈…〉 be that depon'd such a thing 〈◊〉 and upon what ground One of the greatest Lawyers in Scotland did wonder that any Person could venture to depone on this 〈◊〉 and how â—â—udge did sustâ—in it for certainly said he 〈…〉 Opinion 〈…〉 Troius or Thinks it and therefore sâ—â—ars 〈◊〉 is so Mr. K. has taught youth 〈◊〉 â—â— years 〈…〉 any Parent Friend or Relation of 〈◊〉 Scholars 〈◊〉 〈◊〉 know did so much 〈◊〉 say 〈◊〉 had not sufficient Authority yet 〈◊〉 are who 〈◊〉 〈◊〉 at it and the â—udges believe it Perhaps these Juâ—â—es understand the word Sufficient in a 〈◊〉 and 〈…〉 viz. Such Authority 〈◊〉 〈◊〉 of that vertue and force that it can restrain youth from all 〈…〉 they 〈◊〉 lawfully depone 〈◊〉 that he has not Sufficient Authority Yea nor that Master whâ—â— Mr. â— so highly commends as a religiousâ—â— Instruâ—â—â—r of youth and that 〈◊〉 â—o God himself 〈◊〉 the publick Prayers of the Church 〈◊〉 the Lords day and in his Discourses from the Pulpit 〈◊〉 〈◊〉 people 〈◊〉 〈◊〉 shall â—ear in its place and all thiâ— to cry down Mr. K and to make him 〈◊〉 in the eyes of the world That Person we say whom Mr. â— and his Elders 〈◊〉 up 〈…〉 Kelso 〈◊〉 sufficient Authority in â—his eminent â—â—â—eptation of 〈…〉 being Sâ—â—day in time of Divine worship four of his Scholars 〈◊〉 of theâ—â— sons of the Elders 〈…〉 of the Church and got in at a Window of Mr. K's School soâ—â— of 〈◊〉 at least to make 〈◊〉 at the door to the 〈◊〉 and there not only play'd some at Cleckin some otherwise but committed that most horrid Crime of Sacrilidge 〈◊〉 least that which borders on 't by taking away lead from the Windows Mr. K. being then in Edr. fighting with Mr. â— before the 〈…〉 9. He hath discovered such unsavouriness and obscenity in his speeches 〈◊〉 â—tis 〈◊〉 like 〈…〉 the â—usiness about the Keegrels Gigrels or Wagrels â—f which we have said too too much already Sect. 〈…〉 Part ◠〈…〉 Yea 〈◊〉 â—lso the Sentence â—uch â—nsavouriness and obsenity in his Behaviour before his Scholars that c. What the Synod means here by 〈◊〉 obscene Behaviour Mr. K. 〈…〉 having never been charg'd with any particular fault or Crime of this kind Now how illegal and how unjust a thing it is thus to pass Sentence without condescending 〈…〉 〈◊〉 the world Judge Thâ—â— This pâ—râ—iâ—â—lâ—â— alone mov'd Mr. ◠〈…〉 If this one word had been left out he had sit quiet and â—â—tiently born the 〈◊〉 that 〈◊〉 done him Obscene Behaviour before his Scholars He 〈◊〉 Mr. â— and 〈◊〉 the rest of the Members of this Synod â—o make good this one single Point and 〈◊〉 provokes them 〈◊〉 〈…〉 He â—fficiated as Session-clerk in the Episcopal Meeting c. This is a base Calumny 〈…〉 he never 〈◊〉 did it No more to it than to the Presbyterian Congregation R. 12 To the obstructing of the work of the Gospel in the Pâ—â—ce c Here 's a most dreadful Calumny But if matters were duly considered it wou'd be found that not Mr. K's 〈◊〉 Mr. J. and his Elders their Carriage to him and others does exceedingly marâ— and obstruct the 〈◊〉 of the Gospel not only in Kelso and the country about but through the whole Kingdom yea and in forreign parts also so great is the Offence they give every where R. 1â— They confirm their former Sentence viz declaring Mr. K. unfit to be Session-clerk or Precentor See Sect. 30. Part 3. You have an Account of this Sentence in that Paper given in to the Synod at â—â—â—burgh particularly Parag. 8 Sect 13. R. 14. And do further Judge the said Mr. K. to be very unfit to be a publick School-master c. A private one they think he may be yea even at Edr where he had a private School beyond any publick one there both as to Number and Quality R. 15. Especially at Kelso Pray what is the reason of this Restriction Is â—t because Mr. K. has done unjust things or because unjust things are done him T he Conclusion We leave as a Problem to be determin'd by this and future ages whether Mr. J. and his Elders or Mr. K. be more unfit for their respective offices especially at Kelso The Fifth PART Mr Kirkwood's Plea with the Kirk-Session and Presbytery of Kelso An INTRODUCTION THere remain only two little Bottles but both without Effusion of much Blood In the one you have a brief Account of some things that passed before the G. A. and its Committees In the other what the Lords of his Majesty's most Honourable Privy Council did in this Affair But before we enter upon either of these two â—ights we must give you a Touch of some Skirmishes which preceded them § 1. KNOW then as was abovemention'd Sect. 11 Part. 4. Answ â—0 the 1. Article that Mr. J. and his Elders did erect and authorize another Latin School obtruding and imposing on the Place another Schoolmaster one Mr.
he was not to be believed in respect he was a Lyar and known to be a Lyar which Words being uttered by a Minister within the Church and sitting in Judgment as Moderator were so reproachful that Mr. K. could not pass taking Instruments thereon which when he had done he says to Mr. J. Sir if you were not in the Station you are and in the Place where you sit I know what Answer I would give you for these most false and contumelious Words you have uttered but I forbear to speak more to you And with this turning his face towards the Elders he said Gentlemen I think I need not fear to speak to you pray tell me was Sir J. H. in his Closet when I struggl'd with the Lass in Blakader To which none of them opened their Mouth By this Mr. K. signified that it was beyond all doubt that these Elders were guilty of a most dreadful Lye and by an infallible Consequence Mr. J. himself was not altogether free By the way know that 't is not Mr. K. alone whom Mr. J. uses thus to reproach and revile from the Pulpit and while he sits in Judgment with his Elders Many hundreds besides meet with the like Treatment from him To pass all others he called Dandy Mewros a Baker in Kelso a Man of good Account amongst his Neighbours being cited and apearing before the Kirk-Session a Knave and a Lyar And when Dandy protested against these reproachful Words throwing down the Instrument-mony on the Session-Table they would not suffer their Clerk to receive it 'T is true that Jo. Laidly one of the Elders rebuked Mr. J. their Head and Moderator by Consequence calling him the Lyar Sir said Jo. he is not a Knave he is a very honest man It were tedious to give you an Account of all that pass'd yet there is one other little Title of Honour which Mr. J. gave not only to Dandy but to many thousands besides that we cannot well pass in Silence Mr. J. asking where Dandy was on the Lord's Day and he answering that he was in the Meeting-house You look indeed replied Mr. J. like one of that Hellish Crew With this Dandy runs out of the Church Stay Stay cry'd the Elders till you get your Sentence which they say was to be an Absolviture for his Crime was small or rather no Crime at all Take your Sentence answer'd Dandy and wipe your Arses with it Fiend a Hair care I for you or your Sentence either In short within a few Days Dandy was excommunicated that is as Mr. J. words it suspended from all Church-privileges and Sealing Ordinances for giving the Members of Session insolent Language To return again to our own Affair Mr. K. was somewhat more provident than Dandy for he had a publick Notar by him as was always his Custom before these judicature for he found himself frequently les'd by their Clerk as is above related As to his Objections aganist the said new Elders it would be tedious here to give you a full Account of them and therefore take this one as a Sample of the rest Mr. K. offered to instruct that one of them naming the Person some few days before had this most malicious Expression and that openly in the high street viz. That K. deserves to be hang'd over these Shambles pointing with his hand to the Flesh-mercâ—â—â—â—â—t another time the same Person said It were alms to hang K. Now whether such a Person â—aid Mr. K. to Mr. J. and his Elders sitting in Judgment who has again and again pass'd such a cruel Sentence against one in my Circumstances and that without Libel Charge or Hearing what I had to say for my self be sit to be receiv'd into your Number to sit as Judge consider ye Notwithstanding this or what else Mr. K. could object they were all admitted Elders without the least scruple yea it seems the rather because they had so little kindness to him § 4. ON the last day of the year 96. Mr. K. had the said Conflict with Mr. J. and his Elders in face of Session and on the third of the new year that with Mr. J in in the Church before the whole Congregation on the 4th they went both to Edr. to debate the business there before the G. A. Mr. K. as pursuer gave in his Complaint or Petition with the Reasons of Appeal to the Committee of Bills The Nature and Sum of which Complaint you may easily collect from the preceding Parts of this Plea The Reasons of Appeal you have Sect. 16 Part 4. After the said Complaint and Reasons of Appeal were read immediately was produc'd a Paper call'd Answers to the said Reasons compos'd they say by Mr. J. Which also being read the M. ask'd Mr. K. what he had to say against the said Paper I did never see this Paper in my life answer'd Mr. K. Yea nor did I hear of any such thing before this moment and therefore M. I humbly crave I may have it up and time to See and answer This being deny'd Mr. K. further urg'd saying M. They have had my Paper among their hands these 9 or 10 months I crave theirs but one single night and I promise God willng to answer it against to morrow at what time you please M. continu'd he it will be thought very strange if you deny me this request When he saw that nothing could prevail but that he behov'd to answer Ex tempore or off hand without so much as being permitted to look on the Paper he told them In general that it was a most absurd false and lying Paper that there were not many true Sentences in it which he offered to make good if legal means were allow'd him And as it was he said he needed not travel into it to find out gross falshoods for the very first 3 or 4 lines did furnish him sufficiently with Them things of which he gave them an Instance or two It were endless to run through Particulars nor can Mr. K. promise faithfully to do it unless he were allowed the use of the said Paper with several others which are most unjustly kept from him We shall only here give you a touch of their great Achillean Argument whereby they thought to have prov'd the Appeal to be illegal viz. because made before Sentence Mr. K. answer'd that it was made indeed before the Vltimate or Definitive Sentence but not before any Sentence As Mr. K. was going to enlarge a little on this Head one of the Members said You Appeal'd before you was les'd Les'd M. reply'd Mr. K. with a kind of a smile I was mortally wounded before I appeal'd The Synod I say by their Sentence depriv'd me of such legal and just means that I cannot purge my self of the alledged Crimes with which I am charg'd if the said Sentence be sustain'd yea so unjust and injurious it is that it strikes down right against an Act of Parliament At this one cries Does it strike against
And besides he promised to answer it either in writing or by word as they pleas'd This most just desire as he humbly conceives being flatly deny'd he was forc'd to answer off hand and without being suffer'd to look on the said Paper so that he never saw one letter of it And if his memory fail him not he thinks it differ'd not a little from what it was when read before the Committee of Bills Jan. preceeding In general he said That it was a most false and calumnous Paper and offer'd to make it good if legal means were allowed As to particulars it would be very tedious to give you a full account nor will Mr. K. undertake to do it unless the said Paper be delivered to him If he had had it the 2d or 3d days he walked fretting up and down the high Church to no purpose you might have got a better account of it and the Judges more satisfaction as to his part Yet that you may not be altogether disappointed in this matter we shall give you one instance as a Sample of the rest the truth whereof in every Punctilio as far as his memory could take home to his Chamber he leaves to be determin'd by all that were present Know therefore that Mr. K. speaking about the Witnesses and the manner of their being examin'd c. said to the Moderator that the â—ellers had made a fashion of giving him a List of One and thirty Witnesses but only design'd two of them so that he could not know who nor what thâ—y were that should depone against him But M. continu'd Mr. K. that which I complain of at present is that they summon'd and examin'd Persons as Witnesses whose names were never given up to me Nor did I hear of them till after they had depon'd This Mr. J. flatly deny'd saying It was a gross falshood Mr. K. as boldly asserted it to be a truth The M. desir'd him to instance any one person J. Turnbul in Yâ—noâ—â— answer'd Mr. K. That man reply'd Mr. J. did not depone I believe added Ja Thomson one of Mr. J 's Elders a man you see that does not stand to give his Faith if Mr. J. pass his word he was never summon'd I offer M. answer'd Mr. K. under the peril of losing the Plea to prove that he was both summoned and examined With this Nicol Spence their Clerk more 't is like out of Curiosity than Duty casting his eyes â—â—â—on the Depositions of Witnesses and finding the said Jo. Turnbus name there cry'd out as 't were in a surprise not unlike an unexperiâ—â—â—â— Hunter when he sees a Hare in her seat Here he is which made the Brethren look one to another especially to Mr. J. and his Elder Whether this was a lie in Mr. J. and his beloved Friend Ja. T n. or a falshood only let God and them reckon All we say here is that Mr. K. failed not to crave that this Passage should be recorded but whether it be done or not the Records can best declare If they follow the example of the Provincial Synod of Mers and Tiviotdale and its Committees Mr. K. can infallibly instruct that 't is not done We again return where we were yesterday but resolve not to stay long in the place Know therefore that immediately after this short but pretty brisk Skirmish about the said John Turnbul Mr. Kirtin one of the Ministers of Edr laid his Leg over the seat and left them tho' Mr. K. we must confess somewhat unmannerly not only press'd him to stay but even too rudely took hold on his Cloak yet could not prevail What mov'd him to go away Mr. K. will not be so positive as to determine yet he has some ground to believe that that Reverend Brother was not well pleased with the Procedure of the Church against him And that which helps to confirm Mr. K's opinion in this matter was Mr. Kirtin's carriage about the word Keegrels only two or three minutes before this Debate about Turnbul came in hand of which business see Sect. 18. Part 3. A very little while after Mr. Kirtin was gone the Committee came to Sentence which in short was That Mr. K. Appeal'd without having just ground So that his Appeal fell or became void and null He ask'd the M. what they did as to the Sentence of the Synod We will not meddle with that answer'd he After this he made a short discourse whereby he rebuked Mr. K. pretty tartly for his Reflections as he call'd them in his papers against the Judicatures of the Church and told him tho' they would not censure him for the same yet it was like others would do it meaning no question the Lords of Privy Council Whom else pray could he think on Mr. K. having patiently heard all that the M. had to say gave this Answer M. whether these words and expressions in my Papers which you are pleased to call Reflections against the Judicatures of the Church or their Acts and Carriage towards me which I alledge to be most unjust and illegal be more censurable we must now leave to the World to judge And thus they parted By the way here know that this day while Mr. K. was walking to and fro in the high Church one of the Ministers of Edr coming out from the Commission says to him Mr. K. Mr. K. wagging his finger and shaking his head You was a malicious act in you to contradict Mr. J. in the Pulpit Malicious Sir reply'd Mr. K. Malicious indeed If Malice can consist in the tip of ones tongue for my words had no deeper root being uttered in the very minute with those of Mr. J. But Sir continu'd Mr. K. give me leave to tell you that Mr. J 's words to me well deserve that name for they were premeditated and studied with the rest of his Sermon Malice was indeed at the root of bis words The CONCLVSION as to the Church part NOthing can be more certain than that the Proviucial Synod of Mers and Tiviotdale to say nothing of its inferiour Judicatures did pass two Sentences against Mr. K. without hearing what he had to say for himself The former Sect. 30. Part 3. they did without so much as once calling for him as we have often above related And as to the latter Sect. â—7 Part 4. 1st He was not oblig'd to answer their call in regard his Process was lying under Appeal 2d Suppose he had appear'd it would have been to no purpose for nothing he could say would have avail'd the business being determined and fully concluded before they met in Synod as is above demonstrated Sect. 24. Part 4. and can further be prov'd if need were So that the Sentence passed against him without hearing what he had to say for himself his Judges all alongs many of them either being Parties or possessed with Prejudice in the sense mentioned in the said Section And whether this Commission at least the plurality carried partially or not or whether