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
been bleeding Many hundreds of Instances could be adduc'd to confirm what 's here alleg'd were it not a little off the purpose we shall therefore conclude with this small one when Kelso Carriers were bringing away his Houshold Furniture from Biggar some of the people there said to them Take him to you take him to you with God's blessing for much Sap and Sorrow we have had since he came amongst us In a word he has liv'd all his Life in Contention with his Neighbours hence they compare him to the Salamander a Creature that can live in Fire without being burnt He lov'd Debates when he was a Proctour in Ireland and cannot now forbear tho' an Ambassador of everlasting Peace We return to our purpose § 6. THe Call carried to Biggar as above related after a very short Entertainment in that Country the particulars whereof we cannot well give you nor is it very needful that you know them return'd back by Edenburgh where it was confirm'd and ratified by the Gommission of the general Assembly in all its steps Mr. K's very far from thinking that the Commission is guilty of Iniquity or Injustice in this matter yet he must be pardon'd if he say they are not altogether free of a fault He sees they are but men and so apt to fall into mistakes 'T is indeed but a small one hardly worth the naming If there be as some say Venial Sins this is one 'T is Incident to the best of Men and the better they be they are the more ready to fall into it In a word 't is Credulity This is their fault They believed all they saw and heard It has been with them as it was with that excellent Man Joshua and the rest of the Princes of Israel The sight of old clouted Shooes torn and rent Garments and pieces of mouldy Bread and the lying Rhetorick of the crafty Gibeonites made the Princes of the Congregation believe all they spoke as certain Truths Josh 9. 'T is just so in the present Case The Commission seeing an Infinite number of Subscriptions what hundreds of Persons Attesting the truth of things two compleat sheets and less than the half of the one containing the Call the rest pack'd with Names of Men or rather Vermin for most part could not but give Credit especially considering how matters were held forth with all the Art of Rhetorick imaginable the Members of the Presbytery and Kirk-Session that went along with the Call representing or rather mis-representing things to the Commission with all the force of Eloquence or rather Gibeonitish Deceit and Cunning they were Masters of This in general we dare with confidence aver tho' their very words in particular we cannot condescend upon which certainly were to this purpose Never yea never had any man a more universal and unanimous Call from a Parish than Mr. Jaque has from Heretors Elders and others in Kelso Every one Prest to Subscribe They are even going mad as it were to have him since they heard him Preach so mighty well pleased they were with him c. Think not that these are fancys and dreams no they are certain Truths The whole tract of things above related crys aloud the reallity thereof Examine matters take them not on trust make enquiry into the Call with all its Circumstances Consider well that abovementioned Expression Mr. Jaque's Proctour had in the Face of the Sheriff-Court 'T is not fit My Lord Sheriff said he that every body see this Call This very Expression is a demonstration of its Naughtiness we shall yet farther add one other Argument which may convince all the world of the truth of what 's here related and 't is this A Member of the Presbytery Preaching that day Mr. Jaque was Install'd while he was exhorting the people Men and Women to hold up their right Hands as a sign of their hearty consent to accept Mr. Jaque for their Minister the more to push them forward to that duty used this Argument Mr. Jaque said he has a most unanimous Call from all Persons Heretors Elders and others c. Whereas not so much as one Heretor has Subscribed the Call or given consent thereto Now A Fortiore If that Member of the Presbytery had the Confidence in the Pulpit of Kelso before some hundreds of persons who knew the contrary to assert such Doctrine judge you with what freedom he would speak that and the like elsewhere to people that were ignorant of matters There were some that run out of the Church when they heard it saying to themselves Good God! Whom shall we believe when the Ambassadors of Jesus speak such gross Falshoods in the face of the Sun And in truth Mr. K. when he heard it did cast his Cloak over his Face being asham'd to behold the Light so far was he from holding up his hand Now do you really believe that if the Commission had known the true state of all things relating to this Call how Illegally matters were carried on in all its steps as is above made manifest and particularly how the Heretors and others were abused and cheated by the Sham and Mock-Intimation made to them by Mr. Glen Is it possible we say you can really think that the Commission would have confirmed and ratified such an Irregular and Illegal Call No no certainly No more than good Joshuah would have made Peace with the Gibeonites if he had known where they lived Credulity Credulity the least of Sins but too too often the Mother of much Mischief § 7. AS it was very proper to give some account of the way of Mr. J's Entry to the Kirk at Kelso so now we hope none will think it impertinent to give here a touch of his Carriage after he was setled there Every body would have thought especially considering the odd way of his Entry to the place and the quality and Circumstances of these he had to do with that he would have taken some prudent and discreet method to ingratiate himself and to gain the hearts of those he was to have the oversight of not only that he might live the more contentedly among them but chiefly that he might be in a better capacity to do good to their Souls But on the contrary his way is to Hector and Domineer over People and to abuse and calumniate them in a most unchristian manner As to what he has done to Mr. K. 't is needless here to mention That you 'll see again and again almost in every line of the following sheets If his carriage were only rude and unchristian to him people that are not acquainted with matters might justly believe that all the Disorder Confusion and Contention in Kelso has its rise rather from Mr. K. School-Master than Mr. Jaque Minister of the Gospel But 't is good good we say in some sense that there are Hundreds besides Mr. K. with whom he has odd stickling Of which there are not a few of his own gang It were endless
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
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
same course Answard stiâ— as before till at last they run themselves headlong like the Herd of Swine in the Gospel over such a high Precipice that now t is simply impossible they can recover In other terms we humbly conceive that neither the Presbytery of Kelso nor yet the Provincial â—ynod of Mers and Tivioâ—dale will never be thought impartial Judges at a Visitation of Mr. K's School Pray mistake us not there are yet many of them that never bow'd to Baal in this matter yea as to the Gentlemen Mr. K. knows none But shall we tell you the true Causes or Reasons why the School is under a decay If you knew things and considered them aright with all their Circumstances you would wonder that 't is not in a much worse Case than t is In short therefore know that Mr. J. and his Elders have taken all means and methods imaginable utterly to ruine it 1. He has dispers'd Letters through the Kingdom wherein he represents Mr. K. the vilest Wretch under the Sun a Man he writes destitute of Mother-wit destitute of Grace of corrupt Principles corrupt Morals c And you may be sure since he takes such freedom with his Pen he will by no means spare to shew out the like Venom with his Tongue upon all Occasions Yea in the very Pulpit on the Lord's Day not only in his Sermons and Discourses to a Congregation of 2 or 3000 People together but even in the publick Prayers of the Church he belcheth out to God himself most horrid most dreadful and most malicious Expressions as you shall hear in their proper place Expressions we say design'd on purpose not only to dissâ—ade but to affright and terrifie Silly Simple Poor Ignorant Souls from putting their Children to Mr. K's School Sect. 15. Part. 5. 2. He and his Elders forsooth by themselves without the concurrence of one single Heretor erected another Grammar School in the place and used all means possible to carry away Mr. K's Scholars to it Of this School and its Master you will have an account in the following Part. 3. They made the Report to go up and down the whole Country that Mr. K. was certainly within some few Days or Weeks to be turn'd out with disgrace so that people thought it a great folly to send their Children to him Hence for 2 years and more scarcely so much as one Scholar came to his School 4. To be good Examples to others we have just reason to think by Mr. J's Instigation the 3. Ministers of the Presbytery who had two of them their Sons and one his Brother with Mr. K. took them away which made others to do the like and you may be sure would hinder many to put their Children or Relations to his School Lastly think you not but these base lying malicious Libels have done much hurt of this kind especially amongst People that are not well inform'd in Matters and are not acquainted with Mr. K. Now to conclude Let any indifferent Person seriously consider the Matter and he shall be convinced that it is not only a most unreasonable and absurd thing but a mighty wicked and malicious Act in Mr. J. and his Elders first to do what lay in their power to break Mr. K's School and then to stage him as the Cause of it 'T is truly such a notorious wickedness in them that we know neither what name to give it nor what to compare it with In a word 't is a Complex Wickedness not very unlike as if 5 or 6 lewd Fellows should in the night-time break into their Neighbour's House and not only plunder and pillage it but even beat and wound some of the Family and murder others And the next day one of these wicked Villains informs against some honest Person as guilty of the said Villany Others of them stand not to swear it was so and may be some sit with the Judges and give out Sentence Act. 2. He answers that his Entry was most legal having a formal Call from all concern'd which Call was duly intimated by the Bailyff of the Place in the name of the Earl and others first to the Elders there being no Minister at that time next to the Presbytery Nor did either of these make the least shew of any Objection of this nature An account of this you have Sect. 4 5 c. Part 1. to which we refer you As to the Act here mentioned 7 Feb 1645 Mr K. still was and yet is ready to be try'd by any Church Judicature in Scotland in relation to the Contents of the said Act. And certainly you will readily acknowledge that it was not very proper for him to press the Members of Presbytery to try him All of them knew very well he was past a Candidate and sufficiently qualified that way having given many Proofs of his Skill in that Art And to confirm this and all other Clauses of that nature they did so far approve his Call that 4 of 6 there being no more in the Presbytery for the time put their Sons Brethren or Friends to his School As to the Act of Parliament here cited which they say makes against his way of Entry A most wonderful and monstrous Act indeed Pray what in Nature can be more absurd than to alledge that a Non-ens a meer Nothing should start up and worry a Man Mr. K. entred School-Master 16 May 1692. How then can an Act which had no Being till the 12 of June 1693 do him hurt Art 3. We have said too too much already on this Point Sect. 7. P. 3. Answer to the Article As also it comes in again Sect. 28. Rem 4. of this Part. There is here a very strange Expression which we can't pass without saying something to it There is cause to believe say the Libellers that Mr. K. was very offensive at Lithgo to all fearing God If you sound this Business to the bottom you will find it the most Hellish and dreadful Reflection that ever a man charg'd his Neighbour with A reflection indeed A wonderful Reflection not on Mr. K. only but on thousands of People in and about that Burgh with whom he convers'd most familiarly and Neighbourly without Offence as to all appearance they doing him many Acts of kindness and he according to his power returning the like to them So that you must of necessity infer from the words of the Libellers that all those thousands of people to whom he was not offensive were persons not fearing God in the Belief of Mr. J. and his Elders Will any other Christian think you in the world subscribe this Article of their Faith 'T is a most dreadful Assertion and a clear Demonstration that they are altogether void of Charity the chief of Christian Vertues thus to condemn to Eternal flames without Repentance so many thousands of People and that not only such as perhaps are of a different Persuasion from them in some things but even these of their own
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
enter that were not Members particularly Mic Fister one of his Libellers After he had spoke to several of the Members pressing them most earâ—â—sily to procure him Access but all in vain at last be began to suspect that they knew he had a letter from My Lord Chancellor to the M. in his favours and therefore he ask'd one whom he might be free with about the thing who told him that they all knew he had a letter and that that was the Cause he was not suffer'd to enter This Gentleman durst not take Mr. K. in with him By good providence Mr. S. coming out of the Church Mr. K. crav'd to speak with him a part whereupon they stepp'd a little aside Sir said Mr. K. I have been all this day waiting here earnestly begging liberty to go into your Church to speak but one word to the M. I humbly intreat you take me in with you We are now busy answer'd Mr. S. You 'll win in within little I hear Sir reply'd Mr. K. you are to rise within a little I must therefore be plain with you I have a letter from My Lord high Chancellor of Scotland directed to your M. I earnestly beg I may be let in to deliver it for I am ordered to give it in face of Synod We are to rise this night answer'd Mr. S. and sit again within a moneth at Kelso you may keep that letter till we meet there We know 't is about your business and since we are to do nothing in it here t is altogether needless to deliver the letter Excuse me Sir reply'd Mr. K. It wou'd be a most impertinent yea a distracted act in me to receive a letter from the Chancellor of Scotland to the Moderator at Duns and to keep it up till you meet at Kelso especially considering that I am standing here at your Church door with the letter in my hand And besides Sir continu'd Mr. K. I must tell you that I do not certainly know what is in the letter and suppose it speak of my Affair yet there may be some thing else in it Notwithstanding all Mr. K. could say to this purpose he did not prevail At last as Mr. S. was going away Sir said Mr. K. I must be yet plainer with you If you will not suffer me to enter the Church I' will go for a publick Notar and protest against your carriage towards me here at your Kirk-door Mr S. slipp'd away without giving any Answer Immediately therefore Mr. K. runs with all speed to his old acquaintance Mr Winram Sheriff-clerk and gave him a short accunt of the business You must either answer'd he deliver the letter or protest aginst them at the Chuch door and immediately he sent for a Notar. Mr. K. fearing the Synod might rise before the Notar came hasted back to the Church and rush'd in with another man the Officer for he oppos'd what he could complain'd to the M. that he broke in against his will To speak the truth the Brethrens carriage towards Mr. K. put him into such a Mood that he hardly knew well what he was doing Much pains and travel he had been at to get this letter and it very near cost him his life in the moor abovemention'd where he lodg'd all night and now when he had brought it to the Church door if he should not deliver it out of his hand all the world might justly laugh at him Now know that Mr. J. was M. but it fell so well out at this moment when Mr. K. entred the Church that Dr. Hardy was occasionally moderating and just closing the business then in hand And therefore Mr. K. stepping forward to the table without any further Complement said M. I have here a letter directed to you from My Lord Polwart Lord high Chancellor of Scotland Lo there ' t is With this M. said Mr. J. I think Mr. K's rudeness ought to be taken notice of in that he comes into this judicature without being called M. reply'd Mr. K. If all Circumstances were duly considered it will be found that I am rather rudely dealt with than guilty of rudeness And thus having protested that he deliver'd the letter he left them Rem This extravagant and wild carriage of the Ministers towards Mr. K. to mention none of a higher degree may be matter of astonishment to all that hear the same What designe they had God and their Consciences best know Mr. K. has not such uncharitable thoughts of them as Mr. Wilson and Mr. Glen had of him and his Party as is above related Sect. 6. That was a Devilish suspicion in them positively to aver that he and his Party had a Satanical design by asking the Question there mentioned Satan's design certainly is to ruine both Soul and Body All Mr. K. says in this particular of the strange carriage of the Ministers towards him at Duns is that 't is a Mystery to him He does not understand it Time perhaps will bring Dark things to Light He daily sees more and more into their private Actings § 21. KElso 26. Aug. 96. The late Synod at Duns appointed their next meeting to be on the 25 of the Month but the Lords of His Majesties Privy Council in the Interim had ordered a Fast to be kept the said day so that if Mr. â— had not by Letters and otherwise advertis'd his Brethren hardly one would have come this 25 day and as it fell out only about 30 answered at calling the Roles whereas the Members of this Synod are near 160 Ministers and Ruling Elders besides Correspondent And of these 30 about the half could not be Judges in Mr. K's Affair being Parties and laid aside by the Synod at Jedburgh Mr. J. sitting Moderator Moderator A bonny Moderator indeed in this Affair pressed with all the Rhetorick he was Master off that these few Members should proceed to discuss this Process Many Arguments he used for that end but all were repell'd by the Brethren 'T is needless here to repeat either his Arguments or their Answers 'T is sufficient to tell you that at least he so far prevailed that it was then ordained it should be the first thing they were to enter upon the following Synod which was to sit within less than two Months §. 22. KElso 20 21 and 22 days of Oct. 1696. These are three very dismal and unlucky days but whether more to Mr. K. than to the other Party time will determine This Meeting of the Synod and that of the Presbytery with one single Assistant 24 Sept. 95. of which Sect 8. c. Part 3. are the two grand Judicatures wherein anything of moment was acted the one laid the Foundation the other Built the Superstructure of a most unjust Sentence How sandy a Foundation that is we shew'd in its place and hence it cannot but follow that what is built thereon must be very unsound work For the better clearing of this so material a Point we shall first speak a little
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
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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