the Elders so to dispose of the said Profits After some discourse to this purpose they parted Certainly some Leger-Demain Trick lurk'd under this Message And that During pleasure say they Pray what is this but to turn him off the very next day From this time nothing was done till the 28th of April 94. On which day M. K. by advice took Instuments against the above mentioned William Christy Collector of the said Profits protesting that he and his Constituents should be lyable to make good to him all the said Casualities or Profits By the way 't is fit here that you know that about this time the said Joynt Presbytery made an Act that these Profits should not come in to M. K. So that the Members of the Presbytery are the Constituents here mean'd This is a most material Point and of great Consequence as you will find hereafter in its proper places particularly Sect. 13. Parogr 12. and Sect. 24. Part 4. From the 28th of April 94. to M. Jaque's Entry the 24th of Jan. 95. Matters were very peaceable and calm so that we shall make what is past the first Part of this Plea wherein you have only seen a few Preparations for War a little Brandishing as 't were of Weapons At most some Light Skirmishes without Effusion of Blood But you may assure your self hereafter you shall see terrible Fights many Bloody and Cruel Battles such as never before were to be seen in Christendom far less acted within the Walls of the House of God The Second Part. Commencing at Mr. Jaque's Entry the 24th of June 1695. SECT I. YOu have heard in the former part how Mr. Kirkwood was called to his Office and therefore we think it not amiss here to give some account of the way of M. Jaque's Entry especially because he has published to the world in several Papers that it was most Regular and Legal Whereas 't is certain that it was most Irregular and Illegal being neither conform to the Laws of God nor Man The truth of this Assertion will evidently appear to any indifferent person that shall take but a transient view of what follows the particulars whereof can be instructed to a demonstration in Law being all matters of Fact We begin with that very pertinent Censure given in Face of the General Assembly Jan. 96. to the Synod Book of Mers and Tiviotdale by the Ministers that got it to revise Amongst several other faults said he who made report thereâ—s one that is very remarkable Pag A Blank Call is put into the hands of the Synod by the Heretors and others in the Parish of Kelso and Page this Blank Call is fill'd up with the name of Mr. Guttry Minister at Oxnam and Page â— Mr. Jaque Minister at Biggar is put in Possession of the Pulpit and no reason given why the one is past and the other placed in his room At which report the Assembly being not a little astonish'd Mr. Law Minister in the High-Church of Edenburgh said I remember this business coming in before the Commission of the General Assembly was approv'd and ratified by them This being premis'd as a Foundation for what follows be pleased further to know that after Four or Five Years very hot Contest between the Heretors and Elders Five Men only every way insignificant about placing a Minister at Kelso a frequent Synod meeting there March 94. at which Synod as Ruling Elders were some very worthy Gentlemen particularly My Lord Polwart now Earl of Marchmount and Lord High Chancelor of Scotland His Lordship with some other Members of the Synod cross'd the River to Bridg-end Sir W. Ker of Greenhead's House and communed with him about the business After they had talked some time in Sir William's Hall and were not like to come to a Conclusion Let us go out Sir W. and take a turn in your Garden said My Lord When they were there his Lordship and Sir W. drawing a little off from the rest of the Company spoke to this purpose I could heartily wish Sir W. said My Lord that some Method were fall'n on whereby the Differences that are amongst you might be taken away 'T is a sad thing that such a Congregation as Kelso should be so long without a settled Minister 'T is not the Heretors fault My Lord answered Sir W. that this place is so long vacant we have offered several very knowing and Judicious Men against whom there can be no objection they being every way qualified some whereof are Members of the same Synod and to go no further lo My Lord there is one pointing towards Mr. Jo. Vetch whom I humbly Judge very fit to be Minister at Kelso Truly Sir W. replyed My Lord I think the rest of the Parish should leave the Heretors to nominate whom they judge fit provided he be a Person qualified according to Law And as to Mr. Vetch I know him to be a very Judicious Person and a Man of a peaceable and calm Spirit and therefore most fit to be Minister at Kelso to Compose the Differences of that place He is the fittest man I know My Lord said Sir W. but because some Heretors are for him therefore the Elders are against him What method think you then Sir W. shall be taken to get you all brought to agree in one man says my Lord I know none answered Sir W. except this That all who pretend to have any Right in the Call of a Minister to Kelso pass entirely from it and put a Blank-Call into the hands of the Synod leaving it solely in their power to fill up what Ministers name they shall Judge fit And for my part my Lord that the World may be convinc'd that the stop lies not at my door I shall go along with the first and for ought I know other Heretors will not be averse to do the like This cannot be done at this Synod but against the next I shall use my endeavour to have the Call ready That is more replyed my Lord than in reason can be desired and I think the Synod will be so just that they will insert no mans name in the Call till they know the Heretors are pleased with him And thus they parted in very good terms A Report of this Communing being made to the Synod by my Lord they were all exceeding well pleased and thanked his Lordship for his diligence in that Affair § 2 IN short the Synod meeting October next at Kelso the said Blank-Call subscribed the last of July 94. by Fifty Nine Persons whereof Four are Elders and there are but Five and Attested by Mr. Glen and Mr. Thomson Ministers of Kelso Presbytery now most active to render Void and Null what they then Attested and were mighty forward to promote is put into the hands of the Synod They taking the matter to their serious consideration did first name Four or Five Persons whom they judged fit to be Ministers at Kelso and sent some of their number to Sir W.
said Instruments bear § 18. STichel 16 july 96. It would be very tedious to give you a particular and full account of this passage and all followed thereon In short Know that Mr. S. no question with the advice of his Brethren whom he left at Ednim where they were assisting the Minister there at the Sacrament of the Lords Supper went to Stichel and told Sir J. P. that the Synod was to meet at Duns 28 of the said month and wou'd certainly pass a Sentence very unfavourable to Mr K. And therefore he desir'd Sir J. who he knew had great Influence upon Mr. K. to advise him either to Dimit or give in to the Synod a paper subscribed with his hand whereby he oblig'd himself to give the Synod full satisfaction or that he should leave to them to do in the Process as they thought fit There was a third branch but it came not in so early nor so directly as their two viz. Or that he should have the favour of the C. of R. to Mr. J. Sir J sent an Express for Mr. K. and acquainted him with all that pass'd between them Mr. K. positively refus'd to refer himself to the whole Synod for he knew the temper of the most part Yet he said he wou'd refer himself to a select number if they will permit him to name 20 he will leave to his adversaries to choose 9. 11 or 17 of these to determine matters which he thought as great a length as in Reason they could desire he should go Or he offer'd thus as he had done frequently before Let him chuse any two Gentlemen he pleas'd they other two let these four take what Oversman or Preses they please he promis'd to stand to their Determination As to th' other point he told Sir J. he wou'd not Dimit for said he people will look on that as of I acknowledg'd I were guilty of the crimes I am charg'd with Yet he added If he saw any propability that there would be peace in the place Gospel-like to have more success by his Dimision he wou'd very readily lay down his Charge As to the third particular which came in obligâ—ely only he said it was a very unreasonable Demand and a most malicious act or rather a continued tract and course of wickedness in Mr. J. and others to carry as they did towards him upon any disgust between the Countess and Mr J. After a long discourse upon these and other Heads Mr. K. put a great many Questions to Sir John such as Whether or not the Synod or Presbytery wou'd give him a Testimonial And what kind of one it wou'd be Mr. S. answer'd Sir J. spoke nothing of that to me What will they do with the Process continued Mr. K. They will let it fall there will never be more of it answer'd Sir J. If I be the man they call me reply'd Mr. K. I think ' its a great fault in them to let me pass so easily They wou'd feign it seems be quit of you answer'd Sir J. with a smile Many Inferences might be made from this passage which we for Brevities sake omit Yet we cannot get by this one viz. that Mr. S. and some other brethren were fully resolv'd to pass on unfavourable Sentence and that many days before they met in Synod If this be not a Fore-stalling of the Mercat let the world judge § 19. DUns 28 july 96. Mr. K. knew very well if the Provincial Synod of Mers and Tiviotdale with the Correspondents from other places should pass a Sentence against him it wou'd exceedingly puzzle the G. A. how to carry on the Affair On the one side it wou'd be a most unpleasant Task to condemn the Sentence of such a Synod On th' other it could not but be troublesome to justify the many illegal and unjust acts which that judicature and its Committees were guilty of And therefore he was concern'd to use all Lawful means and to spare no pains nor Expences to prevent if he could a Sentence He was not a little straitned as to time for he only took his resolution 2 or 3 days before the Synod sat down In he posts to Ear from thence to Broxmouth from that to Kelso in again to Edr back to Kelso next day to Duns and back that same day to Kelso In all about 142 well met Scots miles but certainly above 200 English or rather 300 Italian In this little journey he traveld day and night Going from Kelso about 8 a clock in the evening he fell out of the road in a moor some place forgainst Lauder where he was forc'd to sit and walk up and down with his horse in his hand from eleven a clock till day light in a very dark and rainy night But that which far rather deserves to be here recorded is the exceding great Discretion or rather Condescension in some Person of great Honour and the excessive Rudness and Barbarity in others of a far lower degree Know then that Mr. K. got from that noble Lady C. of R. tho at that very time excessively afflicted with the news of her son the Earls dangerous sickness in Flanders to My Lord Polwart now Earl of March-mount Lord high Chancellor of Scotland a Letter craving his Lo. wou'd be pleas'd to write to the M at Duns in Mr K's favours When Mr. K. came to My Lord Chancellor's Lodgings tho his Lo. was at that time very busy writing letters it being a Post-night yet one of his servants telling that Mr. K. in Kelso was waiting for a word of his Lo. Such was M. Lord Chancellors Discretion Humility Condescension or what else you please to call it in a Vertnes sense that immediately he was pleas'd to come to the room where Mr K. was and carried in such a discreet and affable manner toward him that no stranger could have guess'd their Circumstances In short his Lo. promis'd as soon as he had dispatch'd some letters for London-Post he should write an Answer to the C. of R's letter which accordingly was done As to the Contents of this letter it was as favourable for Mr. K. as any person of Integrity or one in My Lord Chancellors Circumstances could write Mr. K. no sooner recives the Letter but home he flees to Kelso and from thence to Duns where he waited at the Church door all forenoon there being no Sermon because the Minister who should have preach'd was indispos'd sometimes requesting this Brother sometimes that above 30 in all to get him access but to no purpose not imagining all this while that they knew any thing of the letter from the Chancellor § 02. IN the afternoon he comes with the first to the Church door but was not suffer'd to enter the Officer telling him he was prohibited to let any in except Members Many his for so we may call them did this fellow commit or rather they who had given him the Orders for within a very short time Mr. K. sam 40 or 50
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
but deceas'd before this Plea began They tell that he instructed her how to carry both to Mr. K. and the abovementioned Adam Bog Such sports they say as this the said Mr. Mc dowgal was much in use to play to many Persons Some REMARKS on the Cheat and Reference § 21. 'T Is no hard task to collect from the Premises what uncertainties Falshoods and Lyes are to be sound in the above written Referrence relating to this Cheat of which take these few 1. 'T is most false that Mr. K. confest that the said Woman did charge him as Father to her Child and suppose she had said such a thing and he acknowledged she said it what then 2. He had no such Expression as That it was unreasonable to think she could be so near her time c. He said it was not possible in nature such a thing could be except by way of Miracle such as that God can raise up Stones to be Children for there were but three Months Exclusive since he had seen that Woman at Culross All which things were spoken in Face of Session by way of supposition only 3. He said not she was gone to the English-side or that she brought forth a Child there but that some talk'd so And it was afterwards found that she was neither with Child nor did go to England as the abovenamed Paty Peers can attest to his great loss 4. He said not that she offer'd the Child to Adam Bog for she did not speak one word of him nor mentioned his name to Mr. K. He said indeed that he heard she had named Adam Bog to some Persons in the Town 5. Here in the Reference and all along in the Process as you will hear Mr. K. is challenged for not causing secure this Woman 'T is answer'd He us'd the ordinary and legal means by informing and that with all conveniency the Principal Magistrate of the place one who was himself concern'd in the thing And certainly no wise Man would have advised him to fall a struggling with her in the dark under the Cloud of Night especially considering that he could prove nothing against her In such a Surprize he did all that was incumbent on him This Challenge or Accusation for not causing secure the said Woman could not have come so ill from any man on Earth as from Mr. Jaque He sees a Mote in his Neighbours Eye but cannot discern the Beam that 's in his own We shall pass here that Famous business which fell out in his house at Biggar being a thing generally known through the Kingdom how viz. He let go one Madam Stones and English Woman Cousin as they say to his Son's Wife who brought forth a Child in his house and that as the common report went to his own Son This Madam Stones Mr. Jaque did let go out of his house without bringing her before any Judicature Ecclesiastical or Civil which Affair we shall pass here tho' it well deserves a severe Touch being a business accompanied with some very dreadful Circumstances and give you a short account of a Passage somewhat in Kin to it but by far more wonderful if upon no other respect at least for its Singularity which fell out in his house at Kelso July 1696. A verry singular Passage A wonderful thing indeed the like perhaps was never since the Creation yea not in Sodom it self A Hellish Invention Good Lord deliver us How came it into the Womans mind Certainly she has had Teachers otherwise it could never have entred her thought Had such a thing been done in some houses in Kelso the very stones of the Church-wall had heard it Much about that time when this was done Mr. Jaque speaking in Pulpit of the Uncleanness of the place said If there was a Town in the World like Sodom Kelso was it But little did he then know that Sodom trip't from Chamber to Chamber in his own house His own Steward his Butler or Cup-bearer the Good-Lass the great Professor in his Family had Sodomitism rooted in her very Heart We shall be as particular in this Point as Modesty will permit Know then that before Martimus 1696. Mr. Jaque had two Servant Women the one Margaret Shiel commonly called The Good-Lass so strait lac'd as to her Principles that she disdain'd to speak with any not of her Communion carrying toward Mr. K. and his Family as if they had been Barbarians yea as Persons infected with the Pest or Plague The other Isabel Maison not a Good-Lass because she carried Discreetly and Neighbourly Mr. Jaque had also a Servant-man David or Davy Brown The Good-Lass had a singular Affection to Davy such Affection as Potiphars Wife had to Joseph but far more operative and much stronger for that caught Joseph by the loose Garment only which slipping he escaped But this grip'd fast by Davies heart with a Philtrum or Love-Potion the like was never heard of in the days of our Four-Fathers Most cunningly was it contriv'd in all its parts being made up of three Ingrerdients viz. Sweet and thick sowre Milk with some other strange mystical-like kind of a thing in Colour somewhat resembling Scarlet This Potion was given Davy in his bed within a dark Vault at a good distance from any Person What real effect it had upon him we cannot vvell determine But 't is certain that she confess'd to three Persons that she got as much from him as he vvas able to give a Woman so she vvorded it vvhich made Mr. Jaque send him tho' he deny'd it as vvell as her avvay vvithout a Testimonial Yet he entertained in Bed and Board this vile and abominable Strumpet from July till after the Term of Martimus And 't is certain that Mrs. Charity Mr. Jaque's Grand-Child and the other Servant-Woman knevv it yea savv the Philtrum that same night it vvas composed but vvith Candle-light only yet took a better vievv of it at least of its dregs next Morning by the help of the Sun-Beams and told Davy of the hearty Affection of his Sweet Mistress vvhereat he was like to Vomit both Gut and Gall as we say Mrs. Charity inform'd her Grand-Mother and she her Husband sometime before term and yet that vile Woman was kept till the time she was to remove which would have been tho' that had not fall'n out No answer can be made to this unless you say That 't is a business of so abominable and hateful a nature that it ought not to have been revealed nor made publick And therefore Mr. Jaque acted most Prudently and Christianly in concealing it 'T is true when the thing first came to his ears he was much offended saying he had never heard of such a vile Whore in his life she deserv'd to have her Nose slit up and scourg'd through the Town And yet he suffer'd her to go away without any kind of Punishment To this we answer If Mr. Jaque acted Prudently and Christianly in this matter he and others
know very well that it is an undeniable Maxim in Grammar and a thing in it self that cannot be otherwise viz. Every Active Verb must of necessity have something behind it otherwise the Sentence is lame and imperfect Mr. K. can hear Pray What Any Man whomsoever make a good and vertuous discourse Can there be any evil in these words Is it sinful to hear a good discourse Were Seneca Epictetus or Plato this day living on Earth might not Mr. K. and others hear them discourse about Vertue Certainly you are not hence to infer as the Libellers seem to imply that Mr. K. can joyn in Worship with men of every Sect or Opinion in the World God forbid he were of that Judgment There is one thing here very remarkable which is altogether omitted by the Libellers to Mr. K's great disadvantage viz. He did not use the abovementioned word Simpliciter or in general terms but with Qualification adding in that same very line with the words cited yet says he I could not do it at that juncture for I was sure it would give great offence to many on both sides This is an Infallible sign that tho' he be in many things not very scrupulous yet he is cautious and loth to offend a weak Brother In this point he is much of the opinion of that Famous and Learned person Erasmus in his Conviv Relig. Pag. 144 ex Officina Hackiana 1664. Cum notis Variorum Imo profanum dici non debet quicquid pium est c. The whole Colloquie is well worth your reading espicially a page or two that follow these words which make much to the present purpose Mr. K. is very far from being of the opinion with the Jews of old who were so nice and straight lac'd that they would not have any communication or dealing with people that were not of their Religion yea refus'd to open their mouth to tell or to point with their hand to shew them the way to a Village or Fountain of Water This their Parents taught them says Juv. Sat. 14. Non monstrare viaâ— eadem nisi sacra colenti Quae sitem ad fontem solos deducere verpos Our Blessed Saviour by his example in discoursing with that Woman of Samaria St. John 4. teacheth us better things There are too too many in our days who love rather to imitate the Jews in matters of this kind than Jesus Christ B The Libellers joyning here close together these two Sentences signifying one and the same thing makes Mr. K's words very nauseating and unpleasant to the intellegent Reader whereas he has the one Pag. 2. the other the 18th on different occasions But the chief thing here which startles him is that he finds most part of the People that have seen his Printed Paper and especially which is very strange the Ministers of the Gospel do quite mistake the meaning of the words thinking by the Powers of the Nation that he understands only the Civil Powers whereas he means both Ecclesiastical and Civil as the said Paper expresly bears for there he mentions the then sitting Convention of Estates which was made up of both the Powers and he further adds Or the ensuing Parliament which also consisted at least for sometime of both But indeed the Case alters when they sit seperate as now for he still was and yet is of the Judgment that the Church has an Intrinsick power tho' perhaps he will not grant it to be so ample and wide as some would have it But this being a Ticklish Point he will not meddle with it And further he finds that many do much mistake him about what he means by the External Policy or Governmeat of the Church In short he thereby understands only such Matters Circumstances Rites Ceremonies call them as you please without which the true Worship of God can't be rightly performed and yet the word of God is either altogether silent in these External Points or delivers them only in general terms leaving particulars to be condescended on by the Wisdom and Discretion of those in Church and State whom God in his Providence hath set over us C These Exotick and strange words Hobbism c. made a wonderful Noise through both Town and Country almost every body enquiring at his Neighbour what sort of Crimes they were Sorcery Negromancy or what else Good Lord deliver us said they he must be a strange kind of a Man Hobbism What 's that The common people found a great difficulty to retain these words in their Memories yet by some little help they minded their Tales for Mr. K. paying one day a visit to a Lady Lord keep us Mr. K. said she What wonderful kind of Crimes are these which the Elders now charge you with What Crimes mean you Madam answer'd Mr. K. tho' he understood well enough what they were They have been told me reply'd she I believe a hundred times but I still forget them The Tailâ—s of the words are like that Beâ—som we sweep the Chamber with pointing towards it with her hand Is' t Hobbism Madâ—m answer'd Mr. K. Yes yes said she In a word after some little Laughter and a Cup of good Ale he explained them to her D It fell so out indeed as you will hear near the close of this work for the Lords of his Majesties Privy Council did protect Mr. K. from a terrible Blow which Mr. Jaque intended to have given him Sect. 13 Part 5. Lord reward them for it E He oppones the place Page 3. But of this you have in the Letter A. If any be desirous to see the said Printed Paper he may have it from Mr. K. F Suppose it true as the Libellers Affirm that Mr. K. is an Erastian as he is not it would certainly follow that he is not a Nullifidian it beinâ— a perfect contradiction to be of a certain Sect and yet of none as the word Nullifidianism imply's In truth Mr. K. loves not to be called by the name of any the most cry'd up Sect amongst us Episcopal Presbyterian c. â—e wishes from his heart that all these words as they are commonly taken were â—azed out of the world and that all went under the name of Christians Contentions of this kind began very early in the Church of Corinth 1 Cor. 1.11 12. and are now spread far and wide to the ruin of many Souls Art 8. That in explaining some Latin words to his Scholars such as Mensirua Praeputium and the like he has us'd very obscene Expressions and A Practices and advis'd some of them to ask the meaning thereof from their Mothers or Landladies which was very unbecoming the Gravity of adiscreet School-master amongst his Scholars Ans This he denies as far as the matter will permit Menstrua is a word standing in a Rule of Despauters first Part which he can't call to mind he ever-expon'd far less explain'd in his life in that or any other Book And though he had transiently told its
two of the Doctors of his School Mr. Colvil and Mr. Riddle did depone in face of Synod Octob. 95. that he dehorted his Scholars from such Liberty 'T is a very wild Inference the Libellers make Mr. K. say they in explaining the 4th Command gives instances of some People who take liberty to sport and play on the Lord's Day therefore he himself seems much unperswaded of its Morality The Accusation it self is no less ridiculous He seems say they to be much unperswaded c. Here a man is Accused for seeming not to have right Sentiments of a thing A most wonderful Accusation indeed It seems they had nothing to say against his practice the only object of Human Inspection when they attempt to pry into his Thoughts the peculiar object of Divine Majesty B Certainly the Libellers here accuse Mr. K. of they know not what Moral Natural Moral Positive they understand no better than we told you the Lady did Hobbism Erastianism Nullafidianism Art 12. That he has prostituted his Authority over his Scholars to contempt by playing at Foot-ball and Games with them and neglecting to correct them for gross Immoralities which may be constructed to be the cause of their little profiting by his Teaching and other great Disorders to the offence of their Parents and others A. That he prostitutes his Authority by conversing or playing with his Scholars is denied Blessed be God he has always had as much Love and Respect from and Authority over his Scholars as perhaps any of his Employ within the Kingdom That he corrects them not with that Severity that is due according to their Fault and as he finds inprudence may tend to their good is a most gross Falshood His Accusers may be asham'd to charge him with this as a Fault for in the Year 1690 these same very Men did stage his predecessor Mr. Geo. Adam before the Committee of Schools and Colleges at Edenburgh amongst other pretended Crimes for too much Severity or Cruelty as they alledg'd and now they accuse Mr. K. for Lenity Whether we run fast or walk slowly comes all to one purpose Mr. K. according to the knowledge and discretion God has endued him with makes it his endeavour to keep a Medium between the two Extreams the humours and inclinations of Boys with other Circumstances being consider'd Many Parents here and elsewhere have much commended him for conversing familiarly and playing with their Children yea have earnestly desir'd him so to do Was it not by this Mean that that Noble and Famous Youth my Lord Bruce in so short a time attain'd the Knowledge not only of the Latin and Greek Tongues but many other things Mr. K. did perpetually converse with him play'd with him lay in Bed with him hence was still teaching him Which Method and Carriage did wonderfully please the Earl his Father a most knowing and learned Person If you doubt of this Mr. K. can produce the Earl's Letters as an infallible Sign These Accusers or Libellers five grosly ignorant and illeterate Men who know not what Advantage Boys reap by the presence of their Master dare charge Mr. K. for that which knowing and learned Men do much commend They know not that Boys are learning a Language even when they are playing As to that instance they give about the Foot-ball when you have consider'd all Circumstances you can't but highly approve of what Mr. K. did in this Matter Know therefore that the people of Mers and Tiviotdale are too too much addicted to that violent Sport and the Youth follow their Example Mr. K. having a very flourishing School of Boys out of both these Shires those of the one gave a Challenge to th' other to try who should carry the Prize at that Game They were pretty equal in number If they had been fighting for a Crown they could have done no more These Scholars that were from other places were only suffer'd to be Spectators After many days they came off equal Mr. K. partly to inure his Scholars to speak proper Phrases at that Sport partly to prevent any hurt they might do one to another at so violent a Game resolv'd to go see fair play He do's not deny but when the Ball came to his Foot he touch'd it A most heinous Crime indeed and well deserves Deprivation Art 13. That as he is very easy to grant the Play to his Scholars upon the least Importunity so he allows them a Vacance at A Yuile and B other Superstitious days contrary to an express Act of the G. A. of this Church bearing date 13 Feb. 1645. A. Here is not only a manifest Falshood but certainly a most malicious Lye He can instance some hundreds of the best Quality in Town and Country who after much serious Entreaty for the Play were repulsed and sent away without it in no little anger And who in Mers or Tiviotdale that know any thing of this Nature can be ignorant that for a compleat year together not one Person noble or ignoble obtain'd the Play Now is it possible that all the five Elders can be ignorant of this As to Yuile Vacance as they call it Mr. K. grants it not but Patrons of the School and Magistrates of the Place by an Inherent right as they pretend give liberty to the Scholars at that Season of the Year conform to an old Custom to exercise themselves a day or two on the Ice So that they if there be any fault in it and not he are blame-worthy And to demonstrate Mr. K's Aversness that way know that he having been here only 3 years was once at Edenburgh the other two occasions the Scholars according to an old Custom through that whole Country possessing themselves of the School in the Night-time Baracaded Doors and Windows and kept it out with Pistols Swords Staves Cudgels and other Arms. Yet after much work Mr. K. not without some hazard of his Life broke in at a Window and chastised all he got in School Rem A Mr. K. looks not so much to words as to what they signifie Call 't Christmas or Yuile as you please only give him liberty to think the former by far the more proper B When the Libellers condescend upon these other Superstitious days they shall get a particular Answer Art 14. That he 's very neglective of the Worship of God in his Family and of obliging his Family to attend the Ordinances of God in the Church Assemblies A. The former part of this Challenge he denies and were it not the Subject it is he would call it a manifest Falshood if not a most malicious A Lye He can't indeed but with regret acknowledge that in the sight of God he 's in that as in other Duties too too neglective but not so in Man's account as can be instructed by many famous Witnesses particularly by Mr. Will. Knox Governour to the Laird of Cavers's Children who all the time he was in Mr. K's Family with his Pupils did perform that
Points of the Plea and the occasion of no little Clamour and Talk every where t is very proper some account be given of it in this place for it comes not so well in any where else Be pleased therefore to know these following particulars which we shall but name 1. The Earls of Roxburgh are Proprietors of the Abbacy of Kelso and hence it is that a great many Persons of the most eminent dignity in this Kingdom hold Lands of them particularly the Dukes of Hamilton Earls of Home Dutchess of Lawderdale c. 2. 'T is now and has been past memory almost quite ruinous there only remaining 10 or 12 old Vaults and a Church memorable rather for what it seems to have been than for what it is 3. The Earls have disposed a part of these Vaults by granting Charters thereon and giving Liberty to these their Vassals to Alter Repair and Build them De Novo for their greater Conveniency 4. Some of these Vaults once were all that the Ministers of Kelso had for their Manse or Dwelling house particularly Mr. Ja. Xnox who died 1633 for people of old were not so nice in their Houses Clothing and Dier as in our days The Vault now under debate was his Hall and Kitchen and another of it his Bed-Chamber and Closet tho' both much below ground His Son Mr. Robert succeeding got built him for his better accommodation two little To-falls as they call them or Galleries the one to walk and study in the other was his Bed-Chamber He died 1658. Doctor Weddal succeeding things were repair'd much to the better After him came Doctor Lorimer in whose time also a good Addition was made and yet it was still imperfect Next was settled Mr Ja. Gray who being a single Person tabl'd himself in the Town so that it standing empty all his time and 3 or 4 years thereafter during the vacancy became little better than ruinous And therefore in the Year 1694 it was taken down almost to the foundation and a very fine Manse Re-built tho' then none knew who was the man that should inhabit it 5. Mr. Jaque possesseth 5 Vaults besides this new Building all which could not be done in Kelso for the double of what the Law requires 6. The School-Masters of Kelso till Mr. K. came liv'd in a very pitiful hole rather than a house and therefore for his greater Encouragement they have Built a very good House When this was a contriving a Proposal was made by one concern'd that to Repair the Vault under debate which was then altogether ruinous would save at least 5 or 600 Marks and this Mr. K. was to do on his own expences or give 200 Marks to the Wright and Mason to which he willingly condescended they obliging themselves to build a Closet on the top of his Turnpick Yet this business with what he has done otherwise in his House has cost him above 300 Marks He will not name here what his Plea about the Vault has stood him this he leaves to you to guess what it may amount to From these Premises any person you would think of common sense will infer that suppose the Earl had caused to build a Manse every way sufficient in it self and in a place abundantly convenient Mr. Jaque had no reason to complain nor to claim right to these old Vaults on the Account that once they were possessed by his Predecessors as you see expresly contained in the Libel but on the contrary ought rather to thank the Earl for a better House to live in And further you see that this complaint in a matter Civil made by the Elders who are not the Persons Concern'd is given into a Church Judicature as if forsooth they could be Judges of mens Rights and Properties and which is yet more Remarkable where Mr. Jaque who ought to be complainer and stand at Bar with Mr. K. sits his Judge A fit Judge indeed Both Judge and Party But if you had seen what odd work the Earls Commissioners and Mr. K. had one day before a Committee to get him removed from being Judge in this and other points and had heard what he said when he came off the Bench you would think another thing The next step Mr. K. made after Mr. Jaque was removed was to distinguish the matters of his Process into Ecclesiastical and Civil as you will hear within a little in the Reasons of Appeal from this Committee Sect. 27. Hence it was that Mr. Jaque caused to Summons Mr. K. before the Sheriff of Tiviotdale at Jedburgh where the business about the Vault was debated Pro and Con pretty warmly by Proctours on both sides At last Mr. K. finding the Earls Right like to be encroached upon used means to carry the Cause before the Lords of Session who alone are the Proper Judges in matters of this kind And therefore by a Bill given into their Lordships he first obtain'd a Sist and thereafter an Advocation which business stood him two or three Expresses into Edenb besides other Expences there After some little debate at Edenb Mr. Jaque gets it again remitted back to the Sheriff and also obtains a Sentence for 15 Pounds Scots of Remit-Money Now begins hot work It would be very tedious to give you a particular account of matters We shall only touch one thing which gave occasion of much Talk and Clamour through the whole Country and they say made good sport before the Court at Jedburgh Know therefore that Mr. Jaque fail'd not to cite abundance of Witnesses but many of them were not competent The point admitted to be prov'd was that the said Vault was in use to be possess'd by the Ministers at Kelso The first day appear'd only three of which one was rejected because a Party being one of the Libellers annother was cast as a Person once convicted of Theft the third depon'd in Mr. Jaque's favour but being a single Witness did not the Jobb Another day he Summon'd a vast number a good part went from Kelso to Jedburgh 6 or 7 Miles in a mighty great Storm poor people wading some on foot some on Horses through great wreaths of Snow But the sport was that Mr. Jaque and his Lawyers either through Negligence or Ignorance had omitted to perform a necessary point of Law so that all these Witnesses return'd home as they went away without deponing Great difficulty had the old poor people to wrestle home two upon a Horse except where they had the Cadaver to drag out from amongst the Snow some of them cursing Mr. Jaq. and wishing he were buried in the said Vault On the third day Mr. Jaq. gainâ—d his point by getting it prov'd that the said Vault was in use to be possess'd by the Ministers of Kelso Know also that an Interloquitor pass'd in Mr. K's favours giving him power to adduce a conjunct Probation whereby he made good these following points 1. That the present Manse is far better than any that ever was in Kelso and
much beyond what the Law requires 2. That the Earls of Roxb have actually disposed of these Vaults even of some that have been possess'd by the Ministers of Kelso by giving Charters thereupon and otherwise 3. That the Vault under debate was altogether ruinous and unhabitable and had been so for many years and that it was repair'd at Mr. K's expences and that he possess'd it by the Earl's Order 4. That other School-Masters before him made use of it by brewing therein And thus after the business had been debated many days there was a kind of a Cessation of Arms for several Weeks the Sheriff delaying for reasons known to himself to give out Sentence both Parties you may be sure gaping for 't At last there fell out a very singular Passage the most strange by far of any in this Plea except the Descent that one of the Ministers made to Hell above hinted at but to be given a more full account of within a little The odd passage here mention'd is a short Dialogue between Mr. Jaque and Mr. K. in the Church in time of Divine Service on the Lordâ—s Day of which Sect. 2. Part. 5. For this and some other things as you will hear Mr. K. was cited at Mr. Jaque's instance with the Concourse of His Majesty's Advocate before the Lords of Privy-Council and also his Proctor with about 40 or 50 other Persons as witnesses to their great trouble and expence at Edenb and loss at home it being in March the busiest time of labouring and some of them being very poor People their Wives and Children were near to starving at home 12 or 14 days While Mr. K. is attending at Edenb a Decreet passes against him before the Sheriff in Tiviotdale ordaining him to remove from the Vault There pass'd also an Alternative Sentence obliging him to satisfie Mr. Jaque's damage in lying out of the Vault unless he could prove he possess'd it bona fide viz. by the Earl's Order which was to be instructed by producing a Paper under one of the Curator's hands expresly bearing that he did possess it by his Lordship's Order which accordingly was done under the hand of Sir W. Ker of Greenhead Mr. Jaq. was not slow as soon as he got his Decreet extracted to give Mr. K. a Charge instantly to remove He gave him also a Charge of Horning for payment of the abovementioned Sum of 15 l. Scots of Remit-Money The Earl and Countest being then in Tiviotdale Mr. K. acquaints their Honours with the whole business Immediately they take the Plea into their own hands and suspend both the Decreet of removing and the Sentence about the Remit-mony And thus matters stood 25th of May 1697 on which day Intimation was made to Mr. Jaque of the said Affair Now to conclude know that notwithstanding the Minister's Manse in Kelso be every way sufficient and more than double as to Expence what the Law of this Nation requires yet 't is offer'd by the Earl and others that what may be found wanting therein after a Visitation shall be repair'd Hence you clearly see how unjust they are that would blame the Earl in this Affair who designs nothing but to defend his own Right and Property and yet you see is ready to do Justice in the matter to those who pretend they are injur'd A Special Remark on this Point of the Libel People that do not understand the true State of things are made believe that this business about the Vault was the occasion of the whole Plea This were to make the Effect exceed the Cause a thing as absurd as if you should say That the Son was born many years before the Father had a Being This Plea began 18 or 20 months before there was any thing about the Vault We now go on To tell you that after the Libel and Defences were read as above-related Mr. K. receiv'd a List of one and thirty Witnesses of which only two were design'd and the Libellers were appointed to answer the Defences on the 24th then instant and he to object against the Witnesses the said Day Lastly know that this day Geo. Pringle Bailyff in Kelso gave into the Committee a Commission subscribed by the Earl granting him power to appear before the said Committee or any other Church Judicatures as above specified in the former Commission to Mr. Ker and Mr. Potts which Commission of the Baily ordered him to require that the Libellers should give their Oaths of Calumny This the Committee positively refus'd to suffer them to do as Instruments at more length bear of the date 17 September 1695. § 8. SEptemb 24 1695. This is the Grand Day of Action mention'd once and again in the preceding Part of this Work and is frequently to recur in the following A day that justly deserves to be kept in perpetual Remembrance on the account of the many strange things done and acted therein by the most wonderful and monstrous kind of Judicature that ever was on the face of the Earth since the Creation of the World Mr. K. was never so straightned and perplex'd with any thing in his Life as he is how to give an Account of this days work 'T is a thing which must be done otherwise he can't but suffer extreamly And yet he trembles to venture on 't such a vast number of things scare him from attempting it so that after he had taken Pen once and again he threw it by him being fully resolv'd to touch it no more 1. Such a vast number of strange and various Things occur and these with little or no dependency one upon another that he knows not where to begin nor how to go on 2. Many things which properly belong to this place are spoke to elsewhere and that in such Papers as can't be well alter'd particularly in the Reasons of Appeals but especially in that famous Paper given in to the Synod at Jedburgh of which Sect. 13 Part. 4. So that 't is impossible to evite Tautologies There 's a necessity to speak of them here and 't is hard to get by them there 3. 'T is not possible he can give you an exact account of Matters because his Judges do flatly refuse him the Extracts of Papers which in Law and Reason he ought to have particularly the Depositions of Witnesses which with some others would give great light to the following Account 4. He can't here shun some unsavory Words and Expressions unless he should omit lawful Means for his own Vindication 5. He will be necessitated not only to speak of but to name some Persons sore against his Will both on their own and their Relations accunt But he hopes all good Men will pardon him to use lawful means to vindicate his good Name from the Calumnies of wicked Men. Now that this so necessary a part of the Process being the very Foundation whereon all that follows is built may be the better understood we shall use all means possible we can to set things
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
Principles To pass all others take this one single Instance which may well serve for ten thousand Dare you say that Mr. W. Tullidaf one of the Chief Pillars of your Church was a person that did not fear God and that at the very time when he was lying Prisoner in Blackness-Castle for adhearing to his Principles in matters of Religion Now that Mr. K. was not offensive to him is evident from his Letter Sect. 15. Part 2. And to give you a further Demonstration of this Point or an infallible sign that Mr. Tullidaf was not offended at Mr K. either as to his Principles or Morals pray connsider that after he was relieved from Prison and the Scene of Affairs in this Kingdom quite alter'd and he advanc'd to be Principal in the University of St. Andrew's yea and Mr. K. rabbl'd and thrust out of his Charge meerly on the Account of his Principles in matters of Church Government yet that worthy person was so far from being offended at his Judgment in matters under debate or his carriage otherwise that he used all means he could to get him setled as a Member of that University Of which business you have an Account in that 15 Sect. Part 2. And further if you consider things aright you will find this Expression of the Libellers a terrible Reflection not only on People in and about Lithgo but generally through the whole Kingdom for the Libellers can give no reason why Mr. K. was offensive to Persons there more than else where He liv'd 6 Years immediately before he went to Lithgo in that Noble Famiiy of the E. of Kincardin to which many Persons of the greatest Quality of the Nation did frequently resort and heard him twice a day perform Family-Worship Now if his carriage had been offensive would that Noble E who was a Person of great knowledge and so could descern a fault as soon as any man have suffered him to continue so long in his Family and that in so Honourable a Station as to be Teacher and Governour to his eldest Son And if any should doubt whether or not the E. was pleased with Mr. K's carriage he can produce Letters under his Lo. hand while officiating as Secretary at London written to him expresly bearing that he was exceeding well pleased with it and this his Lo. did write in so familiar and kind a manner that Mr. K. did often blush to read them some whereof he can yet produce It might also be ask'd our Libellers to whom Mr. K. was offensive the two years he attended My Lord Bruce Son to the said E. at the College of Glascow for thousands in that Country came to know him during that time Perhaps they 'll tell you These were dark and cloudy days days of Ignorance and blindness days when Sin and Iniquity did abound without Check yea scarcely so much as taken notice of Now blessed be God 't is otherwise We have the bright Sun-shine of the Gospel among us We will not yea we dare not suffer sin to pass without its due punishment c. To pass therefore the 9 or 10 years he lived in the City of Eden in the said Dark and Cloudy Days what will the Libellers say as to the two years and a half he lived there immediately before he came to Kelso Dare they say that none of those he was not offensive too there do fear God 'T is a most horrid business even to think it Ay they dare not only think it and say it but Subscribe it yea They Believe it as an Article of their Faith O Dreadful This is no less than to avow that the prime of our Nation persons of all ranks and degrees of either Sex that live in or resort to that City are altogether void of the fear or Grace of God Pray is the Reverend Doctor Rule Principal of the College and one of the first Ministers of that City in whose Parish Mr. K. and his Family liv'd and with whom he frequently and very familiarly conversed Is hâ— also void of the fear of God Yes yes He beyond any man for he gave Mr. K. a Testimonial shewing to all the World that he was not offensive to him and you know that it is a Fundamental Article in the Libeller's Creed that he was offensive to all fearing God That was in Lithgo say they not in Eden By this means they make Mr. K like Proteus who could turn himself into any shape In the E. of Kincardin's Family he was good in Lithgo wicked in Eden he became good again but now in Kelso he is worse than ever Methinks he should return to Eden and there die a good man The last Remark we shall make here is on the strange way the Libellers word this part of their Article There is say they cause to believe he was very offensive to all fearing God They do not you see pretend to have Knowledge in this matter for that is simply impossible and is too too weak a ground to rely on in a business of this kind And therefore they have done wisely in betaking themselves to a third Fort viz. Faith which amongst Christians is no thing short of Knowledge being a firm perswasion of a thing either by Divine Revelation or Inspiration If they have it by Revelation let them shew us Chapter and Verse in the Word of God If by Inspiration they are obliged to make good their Assertion by doing some Miracle otherwise we are not bound to believe them A 4. 'T is answered He knows no bad Fame he is under by his own Confession nor did he ever confess any thing for which he has cause to be ashamedâ— neither is he obliged to purge himself otherwise than he has done leaving to his Aâ—cusers to file him if they can â—hat other thing he would say on this Point he refers to the Aâ—swer given to the 5th Ar. of the former Libel Sect. 7. Part 3. A. 5. See Answer and Remarks of the 7th Ar of the former Libel â—ect 7. Part 3. As to what is depend upon this Head Mr. K. can say nothing till he know what it is only he thinks it great injustice done him to conceal either the thing it self or its Author Perhaps it was depon'd by the Witness who openly told the Judge he had a prejudice at or wished evil to Mr. K. as to his Body tho' not to his Soul A. 6. He can say nothing till he see the Depositions and then he doubts not but â—fter Circumstances are considered that plain manifestation here spoken of will vanish into smoke 'T is not impertinent here to repeâ—t that ridiculous Interrogature put to Mr. Robert Colvil in face of the Synod viz. Whether or not is Mr. K. a Man of a Profane Spirit Which Interrogature ought not to be asked any â—ortal God alone knoweth the Spirit of Man Whereas the Question ought to be to this purpose Did you hear Mr. K. speak such or such words Did you see such
answered he will not suffer me to move in the matter You have been too much and too long led by Mr. J. reply'd Mr. K. And this was all that pâ—ss'd Lastly know That some time after this Mr. Couden wrote a Letter to the said J Brown signifying that there had faln out some mistake about examining his Son when adduc'd as a witness against Mr. K. and therefore he desir'd he would write to him about the matter This no doubt was Mr. J 's Contâ—ivancâ— for the Letter came from him with his Servant and besides he sent oâ—â—â— and again pressing for an Answer but never got any We now return to tell you That the business went in again to the A. but out of time for it was not mov'd thâ—re till they were just arising and therefore it was referr'd to the Commission which was to sâ—â— within a day or two After some pretty warm Debates before that Judicature most of them inclining as Mr. K. found to declare the Appeal Void and Null At last it was mov'd by some that two or three should sit on it that night and consider the Reasons especially those of greatest weight and make report next day The Person that turn'd the Chase at least who had the chief hand in it was one Mr. Cambel above-mentioned Sect. 2. Part 4 Their Report was That they found many very strong and weighty Reasons which if they were made good seem'd to be sufficient Cause for an Appeal and therefore they thought fit that the whole Process should be given to be review'd by some Persons that they might see what ground there was for such Reasons and that Matters should be delay'd till the first Tuesday of March then next And thus Mr. K was sent home till the said day § 7. AFTER M. K. was gone home to Kelso M. J. stay'd some days or rather weeks at Edr and was present at the review of Paperâ— many whereof and that the most material M. K. never saw nor so much as heard read which is a palpable Evidence and a Demonstration of Partiality in the Judges who did not admit M. K. Had it been on no other account than to see that all papers making for him as well as for the other party were produc'd it was absolutely necessary that he should have been present as well as M. J. or any of the adverse party And 't is as certain as that the Sâ—n ever shin'd that they had not all papers making for M. K. This he can â—nfallibly instruct even Argumento ad hominem by their own Confession Besides many other Papers he can produce above 30 Instruments which his Judges never saw all making very much for him This This one thing will be found a very great Act of Injustice done him Know also that M. J. sent for his own Schoolmaster viz. the above-mentioned Mr. D s to prepare Papers for the said Meeting He was with M. J. 8 days These two you need not doubt would not fail to give the Judges an Impartial enough account of matters Yes forsooth Another end of M. J's staying at Edr was to raise Council Letters jointly against Mr. J. Wikie Minister and Preacher in the Meeting-House at Kelso and M. K of which Business you shall hear in its place after we have discuss'd what concerns the Commission § 8 MR. K. returning again to Edr precisely at the time appointed presented himself before the Commission the said first Tuesday of March earnestly begging as he was always wont to do before all the Judicatures they would be pleas'd to dispatch him with the first on the account of his Charge that could very ill suffer his absence This Argument having no weight nor influence upon his Judges in the Afternoon he gave in a Petition shewing that he was to appear on the 9 day of the said Month before the Lords of Privy Council at Mr. J's instance And therefore he humbly crav'd 2 days to wait on his Advocates in order to prepare things for the said appearance This also was positively refus'd which vex'd him very much especially considering that his Advocate Commissary Dalrymple was to go to the Country about 15 Miles distant with his Family on the 5th day of the said Month And thus Mr. K. was necessitated constantly to attend the meetings of the Commission all Tuesday Wednesday and Thursday till Twelve a Clock without doing any thing in his Affair walking constantly to and fro before their door being always call'd in when they sat down and ordered to attend and when they adjourn'd he was again appointed not to fail punctually to wait on at their next meeting and this both before and after Noon All this was done one would think on purpose to hinder his being sufficiently prepar'd to appear before the Lords of Privy Council And indeed if he had not been more than ordinary careful in the matter it had been so with him for getting the Answers to his Libel from his Advocates after Ten at Night on Saturday he sat by the Fire-side in his Quarters Sunday Night till he heard Twelve strike and immediately he run with all speed to the Printing House wherewith exceeding great difficulty he got these fellows the Printers to rise out of bed and to fall to work not without you may be sure many fair promises to fill their Noddles with some of Bacchus's Liquor for you must know that he behov'd to distribute his Answers that same day amongst the Lords of Council There 's one thing here which we can't but take notice of viz. Mr. K's Affair alone was left to be discuss'd at the very nick of time when there was a Race or Horse-course at Leith the fittest season imaginable to get things done by a few Ministers in absence of Gentlemen for in all this process Mr. K. found the generality of Ministers opposite to him and truly 't is no great wonder for in some sense they are all Parties But as to the Gentlemen he found them all mighty discreet except one who did him much hurt both in publick and private God forgive him Mr. K. the more readily pardons him because he has no acquaintance of him having never in his life that he knows spoken to him § 9. VVE now come to give you some particular account of what was done by the Commission in this Affair wherein we shall be very brief and only touch two or three particulars And truly a full and exact account we cannot give being deny'd the use of such Papers as should furnish us therewith Mr. K. being called in first were read his Reasons of Appeal next the above mention'd Paper call'd Answers to the said Reasons of which Sect. 4. This Paper he crav'd up and a day to see and answer which being refus'd he earnestly begg'd he might have it to consider till to morrow morning telling them that his adverse Party had his Papers 11 Months and he thought it very reasonable he should have theirs a few hours
are to be punished and their movable Goods to be Escheat for their offence To which it was answer'd That the said Act of Parliament did no ways conceâ—n Mr. Ks. case because that Act is in relation to those that disturb the Kirk in time of Divine Service so as to make any Tumult or raise any Fray whereby the People coâ—dveen'd shall happen to be disordered or dispersed which naturally imports that there should have been some violence us'd which is not so much as pretended in this case there being no kind of tumult nor the least distubance made in the Church yea not so much as one Person seem'd to move out of his seat or open his mouth for the matter tho Mr. J. desir'd the said Commandant to do some thing that way so that if there had been any disturbance made in the Church by the Commandants order Mr. J. and not Mr. K. woud have accasion'd it Hence you clearly see that Mr. K. has not transgres'd the said Act nor any other Act or Law that we know so that if any thing he did be not against the Law 't is no Transgression But as to Mr. J's part of this business 't is far otherwise for if you duly coâ—sider the matter with all its â—ircumstances you will find him guilty of several most horrid and dreadful Crimes â— He told the people from the Chair of Verity Gross falshoods or rather malicious Lyes for so they may be callâ—d since he did not use due and ordinary means to come to the knowledge of things 2. What he spoke on the head we may say without transgressing the limits of Christian Charity was on design to calumniate Mr. K. and break his School which is a most horrid Iniquity especially in a Minister of the Gospel and that at such a time and in such a place where nothing ought to be said but Truth and what may tend to the Good of the hearer We shall in the third place conclude this Point by telling you that what Mr. J. said in Pulpit is down right against the Act of the G. A. at Perth 4 March 1569 by which 't is provivided That it shall not be Lawful to the Pastors to name any mans name particularly in Pulpit oâ— so meikle to discribe them as may be Equivalent to naming except upon the Notoriety of the Crime While Notoriety man only be defin'd if the guilty Persons be and fugitive for the time or fil'd with a size or excommunicate for the same These are the invidual words in an Authentick Manuscript of Mr. Calderwood Fol. 55. Sect. 6 Artic. 3. You have this also confirm'd in Petries C. Hist p. 539. These were both strong defenders of Peresbyterian Government and therefore see one of the other side of the House viz. B. Spotswood lib. 6. page 441 where and in some preceding pages you have this business discuss'd at Large with the occasion of this G. A. for it was an Extraordinary one as Petrie calls it and to this day held to be a Lawful Assembly Since therefore Mr. J. in his Sermon contrary to an express Act of so famous a G. A. did Calumniate and revile Mr. K. by telling the Peopleâ— down right falshoods no man in reason can think it a Crime in him to vindicate himself at the Time and in the Place When and Where he was so publickly defam'd by one that had done him many hundreds of most gross and palpable injuries before A fitter time on many accounts Mr. K. could not have taken to clear himself of that false accusation especially considering how things are fall'n out since by the good providence of God § 12. WE now come to the last Scene of this Plea wherein we hope one way or other to satisfie your longing desire by giving you a particular account what the Lords of Privy Council did therein Mr. K. as was told you being summon'd to appear on the 9th of March waited on with some hundreds at his Back at least at no great distance but nothing was done in his Affair that day nor 2 or 3 Council days thereafter their Lo. having before them a Business of great Moment concerning Sir Thomas Kennedy Sir William Binny and Baily Bran. At last on the 18 day Mr. J. and he were call'd in Both Parties with their Advocates Sir Patrick Home and Sir David Thores for Mr. K. being set in the ordinary place of pleading The Lord Advocate sitting in a Chair near where Mr. K. was standing began with these words Omnibuâ—s placeto bona res quies Next was read the Libel then Mr. K ' s. Answers which two Papers are too large here to be set down After the parties were remov'd till the Lords considered the Relevancy of the Libel About half an hour after the Lâ—ird of Daiack is sent out to enquire at Mr. K. if he had the Sentence of the Synod by him which by Providence he had in his Letter-case It being carried in and read in face of Council some of the Lords storm'd exceedingly when they heard that the Synod Judg'd Mr K very unfit to be a publick School-master or Teacher of Youth especially in Kelso What said their Lo. He is most fit to teach any School in Britain The Lord Philiphaugh speaking to that Point of Mr. K's contradicting Mr. J. in the Pulpit said When he sat Sheriff and the Business of Blood and Blood-wite came in before him he often found the Blood-wite far more guiâ—â— than the Blood thereby signifying that Mr. J. was far more guilty than Mr. K. The Earl of Anandoâ—e speaking of Mr. J. had these or the equivalent Expressions My Lord Chancellor said the Earl There be few in Scotland but they know what sort of a Man Mr. J. is what flames of Contention he raised in Ireland And when he left that Kingdom he could not have a Testimonial from those that had been his own hearers He no sooner came to Scotland and was settled Minister in Biggar but he set that little place and Country about in Fire From thence he went to Kelso where there are many People of good Note he was not well entered to that place when he put them all by the Ears In a word my Lord Chancellor how can it be expected that Mr. J. who could not live in peace with the Earl of Crawford the meekest Man in Scotland should live at peace with Mr. K. The Earl of Leven also to mention no more spoke to this purpose viz. That a Man of so turbulent a spirit as Mr. J. ought not be suffered to live in such a place as Kelso To the Testimonies of these most Noble and Worthy Persons suffer us here by the way to add that Character which his Brethren in Ireland gave him to those in Scotland about the time of settling the present Church Government being written to in order to send a List of the Names of such Persons among them as they knew were sufficiently well qualified for the
Office of the Ministry which accordingly was done but they particularly nam'd three of whom Mr. J. was chief That were Men of such fiery and hot Spirits that it was dangerous to admit them into their Society This Mr. K. had from 2 or 3 of the prime Men of this present Church and that not privately but before several famous Witnesses We now return to tell you that within less than half an hour Daick comes out again and delivers back to Mr. K the Sentence of the Synod and besides whispers into his Ear All was well only Mr. J. and he were to get a Rebuke in private before a Committee of 2 or 3 Lords In short the Lords declar'd both Mr. Js. Libel and the Sentence of the Synod to be void and null as if they had never been and appointed 4 of their number viz. The Earl of Leven the Lords Advocate Philiphaugh and Provest of Edr. or any two of them to meet next day and give both Mr. J. and Mr. K. a Reprimand Mr. K. failed not to wait on the Committee and got his Rebuke and promised never again to speak in time of Divine Service even tho Mr. J. should call him the Devil himself or worse if worse could be imagined But Mr. J. repenting it seems of nothing that he had done slipt home and again as you shall hear within a little did openly from the Pulpit on the Lord's Day most maliciously Calumniate and Revile not only Mr. K. but also the Lords of His Majesty's most Honourable Privy-Council and the Noble Earl of Rexburgh and that by telling not only to 〈◊〉 People what evil they had done in the present Affair but complaining of it to God himself in the publick Prayers of the Church And thus ended thaâ— most famous Plea which Mr. K. had with Mr. J. or rather with him and his five Elders or if you please with the Kirk-Session and Presbytery of Kelso or rather with these two Judicatures and the Provincial Synod of Mers and Tiviotdale or more truly with the whole Kirk of Scotland Which Fight began 16 May 1692. and continued to the 18. of March 1697. We speak at to the Ecclesiastical part only for most of the Civil yet remains § 13. WE told you Sect. 1. that Mr. J. forsooth with his 5 Elders without the concurrence or tolerance of one single Heretor or any Judicature whatsoever erected another Grammar School in Kelso The E. of R. and other Heretors finding that it was a manifest Encroachment upon their Right caus'd to summon the above mentioned Mr. J. Dowglas Teacher of the said School before the Lords of Privy Council He appearing tâ—at same day with Mr. K. 18. of March 97. was appointed by their Lo. to attend the day following with Mr. J. and Mr. K the meeting of the said Committee of the 4 Lords to receive his Rebuke also and to deâ—st to Teacâ— any more in Kelso But he taking his flight got home with Mr. J. boasting forsooth that their Lo. would allow him to keep a School at Kelso without the Earl's approbation For which his singularly insolent Carriage as their Lo. term it both to the Lords of the Committee and to the E. the Lords of Privy Council passed an Act 13 Apr. 97. against the said Mr. Dâ—wglas whereby they inhibit him to keep any School at Kelso without the consent of the said E. and the remanent Heretors of the Parish By the way know that the said Act expresly bears that it is the sole Right and Interest of all the Heretors within the several Parishes of the Kingdom to Call Authorize and Allow of School-masters within these Parishes Know also that this Determination of the Lords of Privy-Council is downright contrary to Mr. J's Doctrine in that above-mentioned Paper called an Aswer to the Paper given in by Mr. K. to the Synod at Jedburgh for there Mr. J. positively they say affirms that the Patronages of Schools are taken away by the same Act of Parliament with the Patonages of Churches The Lords of Council who should understand the Acts of Parliament some better one would think than Mr. J. have you see taught contrary Doctrine But pray Mr. J. let us suppose what you write to be true which yet is most false Shew us by what Law the the Minister and his Elders have power to erect Schools or to place School-masters You know by that Act Heretors and Elders with a due concurrence of others in the Parish have power to call Ministers the seveâ—al Presbyteries being appointed to see that things be done orderly and legally There is nothing in that Act nor in any other that we know giving you power to settle a School-master in the Parish In a word Whatever be your Doctrine in that wicked Paper 't is certain your practise in this matter is without Law and Reason § 14. DUE Intimation of the said Act of Council being made go the said Mr Dowglâ—s on the 22 of Apr and he thereupon oblig'd immediately to resist from teaching Mr. J. you may be sure on the Lords day following 25. of Apr. 97. was not wanting in his duty to intimate the same to the people also from the Pulpit yea to God himself for in the publick Pâ—ayers after Sermon forenoon he had this individual Expression viz. O Lord avert the heavy judgments that are hanging over this place on the account of withdrawing the means of a Religious Education of the Youth here And in the afternoon of the same day baptiâ—ing two Children he said 'T is a sad and lamentable thing that there is a necessity laid upon the Parents of this place to suffâ—r their Children to wander up and down the streets for want of the means of a Religious Education We need not dâ—scant much upon these words they being so exceeding plain that he who runs may read But in a word it seems somewhat mysterious that Mr. J. should positively assert from the Pulpit that the heavy judgments of God are hanging over Kelso on the account of withdrawing the means of a Religious Education of Youâ—h there for granting there were Iniquity committed in the matter as there is not that is not done by the Town of Kelso but by the Lords of Privy-Council They by their Act turn'd out the said suppos'd Religious Instructer of Youth and kept in the Irreligious one And openly to declare from a Pulpit that God's heavy Judgments are ready to fall upon a people for a Sin committed by others seems very bold and unsound Doctrine in Mr. J. unless it be revealed to him by God in a dream or some other extraâ—rdinary way as had the Prophets of old And if so he ought with them 2 Sam. 12.1 c. and 24 11. c. to have gone to these great Persons that he says committed this Iniquity and rebuked them and not run home to Kelso to tell the people there that the heavy wrath and fury of the Almighty was just a coming on them because the Lords of Privy Council had turn'd out of his Offiâ—e that worthy Person whom he had set up to instruct their children FINIS PAg. 3 l. 12 for Courses r. 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