have given Satisfaction to the far greatest part of the Synod Sir J. Pringle went strait to the Church and as he was entring he hears the Vote going about Sir J. Home came to Mr. K's House and shew'd him the said Paper but before it was well read over word came that a Sentence was past So that all the great Labour and Toil these two Persons of Honour had taken came to nought Many of the Brethren sore Repented this afterwards and sought for an Accommodation but could never have it in the terms they then had in their offer as you shall see in its place Follows the Sentence of the SYNOD Sess 5. ante Meridiem Kelso Oct. 17 1695. § 25. THe Synod having receiv'd the Report of the Committee anent Mr. J. Kirkwood School-Master of Kelso his Process together with the following Overture viz. That the Committee taking to their serious Consideration the Complex Affair of Mr. K's Process judgeth him unfit to be either Precenâ—or or Session-Clerk and allows Mr. W. Jaque Minister of Kelso with the Session of Kelso to provide a fit Person for these Employments Ay and while the School of Kelso be provided with a Qualified Doctor for these Offices and he who shall Precent or Officiate as Session-Clerk shall have a Quarter of an Years Advertisement before they provide another who is to be Tried and Approven by the Kirk-Session and Presbytery of Kelso and what concerns the Libel to be refeâ—â—ed to a Committee for further Consideration and Enquiry And in Case Parties do not agree anent the Examination and Tryal of the Doctor for being Precentor and Session-Clerk they shall make Application to the said Committee Which Overture being Read and Maturely considered the Synod by Vote approved the same And further the Synod Nominates and Appoints the following Persons for to make up the said Committee viz. Mr. Semple Mr. Vetch Mr. Wilson Mr. Couden Mr. Johnson Mr. Orock Mr. Noble Mr. Dalgliesh Mr. Boid Mr. Edgar Mr. Home Mr. Calderwood Mr. Gordon Mr. Dysert Mr. Bell Mr. Guttry with the Mod. Ministers My Lord Polworth the Lord Mersinton Sir John Riddle of that Ilk Sir John Home of Blakader Sir John Pringle of Stitchel the Laird of Wadderlie Francis Gladstones of Whitlaw Adam Tait William Young of Spittle-Land Ruling Elders Impowring them either to determine in the foresaid Affair of Mr. K. committed to them if they see cause or to call a Synod Ad hunc Effectum whereof Nine shall be a Quorum Six of the Nine being Ministers and the first Meeting of the said Committee is hereby appointed to be the second Tuesday of November at Kelso Extracted out of the Records of the Synod of Mers and Tiviotdale by Sic Subscribitur Jo. Gaudy Cle. Syn. Pro. Mr. K. with these Commissionated from the Earl being called in to hear the Sentence Read and it being done lest it should be said he did things Precipitantly begg'd Liberty before he gave an Answer that the said Commissioners and he might retire alittle into the Church-yaâ—d to consider the mattet apart which desire was very readily granted In short they found the Sentence to be most unjust in regard it does palpably encroach upon the Earl's â—or our Right and Interest by taking from his Lordship that which he and his Predecessors have peaceably possess'd past Memory of Man and putting into the hands of Mr. J. and his Elders and consequently quite razes and destroys the ancient Constitution and Custom of the place and altogether renders Null and of â—one Effect the Call and Contract made with Mr. K. and by an Infallible consequence is most injurious to his Right and Interest depriving him of the Emoruments and Profits which the Earl and others in a most formal manner bound and oblig'd themselves should accrue solely to him And besides the Material Injustice in the Sentence they found a wonderful slip in its Form by declaring Mr. K. unfit for the said Offices and yet gives no Reason for the same Upon these and other grounds they go in again to the Church and Unanimously represent to the Synod that they could not comply with this their Sentence for the Reasons above named and others And therefore appeal'd from them in matters Ecclesiastical to the next ensuing G. A. and in matters Civil to the Judge ordinary as Instruments at more length bear REMARKS upon the Sentence of the SYNOD § 26. WEre it not that you are to have a pretty large Account of the Actings of this Synod in that above mentioned Paper given into the Synod at Jedburgh Sect. 13 Part 4 we could not pass here so slightly several things of very great moment as to Mr. K's part and yet matters there are not delivered so fully and lively as could be wish'd in respect he was then â—ot a little straitned in time several other businesses of no small Concern occurring Nor can we now at least we will not make any alteration in that Paper lest our Adversaries should think that we wrong them by making things appear in another dress than once they were in All we shall say here may be comprehended in these few particulars 1. You see in the Sentence that the Overture of the Committee being Read and Maturely as they say considered is approved by Vote of Synod By Maturely here certainly is meant Duly or Seriously whereas in effect it ought rather to be taken in also â— Native and Proper Signification viz. Farly Speedily or Hastily We hate to Jangle about the various acceptation of Words but far rather love to speak home to the matter in hand In short therefore we daâ—e positively assert that the Synod and its Committees had sit and â—o 〈◊〉 the Affair 3 Years as they did 3 Days and yet all that time never once call M. K. and others concerned to see what they had to â—aâ— for themselves the business could not be Maturely or Duly considered that is Canvass'd as it ought to be Modo more debito as Justice and Law require It this be not done 't is to pass Sentence against a Person Indicta Causa without hearing him You may as well not Cite him before you as not to call him in till it be to hear his Sentence read 'T is all one as if you should send him word by your Officer or desire one of your number to acquaint him that a Sentence is past so and so Now is not this down right Mr. K's Case Yea and the Earl's also Sentence is past on both without hearing them speak one word in their Cause And yet M. J. forsooth the Chief and Principal person of the opposite Party is permitted to sit amongst the Judges and plead his own Cause If this be not Partiality in the Judges there never was any in the World 2. Lo here is a Sentence without any Reason except the Will and Pleasure of the Judge A new sort of thing never that we know heard of in the World before Ay but there 's
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.
For Mr. Seton was then present Minister and not as Mr. Jaque and his Elders both disdainfully and falsely call him Formerly Incumbent at Lithgo And M. K. was not oblig'd to have a Testimonial from Mr. Wear then Preacher in the Meeting-House much less from his Session or Presbytery 6. As to Mr. Tullidaff's Letter mentioned in the Reference M. K. did shew it to Mr. Jaque and his Elders in face of Session to convince them of the falshhood of that Report which they spread abroad of him viz. That he was always an Enemy to the Presbyterians or as they expresly word it in one of the Articles of their Libels against him as you will see in its proper place that at Lithgo he was very offensive to all that fear'd God whereas he was very kind and if we may say it liberal to them when they were very low and some in great straits as many that live in and about that Burgh if need were will attest And as to this Worthy and Learned Person one of the finest Men of that Party know that when he wrote this Letter to M. K. he was Prisoner in Blackness Castle on the account of his strict adhering to the Presbyterian Principles his Wife and Children in the mean while living at Lithgo about 2 miles distant Now Mr. Jaque and his Elders must of necessity either say that Mr. Tullidaff was a Man that did not fear God or with shame retract what they libel against M. K. in the said Point and acknowledge his Conversation was not offensive to all that fear'd God in that place The truth of this Assertion is most evident from Mr. Tullidaff's own Letter which we have thought fit to set down word by word Mr. William Tullidaff's Letter to M. Kirkwood Blackness July 2. 1686. SIR I Expostulated with my Wife and Son that they came off from Lithgo insalutato Hospite not having saluted you My Wifes Apology was which is indeed a truth that the Carriers of our Houshold Furniture were impatient and it being the last day of the Week and having things to put in order here when she came she was necessitated to come off abruptly Sir I have hitherto labour'd to shun the imputation of Ingratitude having learn'd from a Heathen Si ingratum dixeris omnia 'T is true I am not in a capacity to retaliate Courtesies but I purpose still thankfully to commemorate them and perswade your self Sir no tract of Time nor distance of Place shall wear out the Sense of yours That the Lord may bless you with success in your Employment is the prayer of Sir your obliged Servant Sic subscribitur William Tullidaff This Gentleman at the Revolution being made Principal in St. Andrew's College was very active as is above related to have M. K. Professor of Humanity there and that after his Plea with the Town Council of Lithgo this Worthy Person was desirous to have M. K. to be his near and intimate Neighbour yea in some respect his very Companion but Mr. Jaque and his Elders will not be content unless as you will hear he be banished the Kingdom and all his Goods made Escheat Yea they dare go a far greater length some of them are for hanging him and that in a most disgraceful manner which you will also hear in its place From such Men good Lord deliver us There rest now only two Points but the chiefest of all the one about the Woman that was said to be with Child the other is the business in Blakader of both which you shall have an account within a little a-part by themselves after we have ended with what concerns the Synod wherein we shall be very brief § 17. THe Committee meeting time and place abovementioned and M. K. being call'd in they desir'd him to read over the Remarks he had made on the Reference He gave an account by word of mouth of that Story about the Woman with Child telling the Committee that if they pleas'd he would give it under his hand They were very well pleas'd with all he had done and told him that there was no need to write down or subscribe any such Story M. K. being remov'd the Committee as he was inform'd rebuked Mr. Jaque very severely 1. Because he had brought a Business of so high a nature to publick upon so slender Information 2. Because he had not spoken to M. K. of it in private before he brought it to a Church Judicature 3. For his Indiscretion to Sir J. Home a Person of Honour in bringing his name into publick not having first acquainted him with the Business which if he had done would have prevented all the evil that has follow'd there on M. K. also got his Reprimand for being so brisk in face of Synod But they were well pleas'd with his Apology viz. That he had been so accustomed for thirty years together to command and rule over others that when he came thus to publick was apt to forget to whom he was speaking and had much ado to restrain himself from a hectoring like way of delivering his Mind He added also that Mr. Jaque and his Elders had given him so warm a drink that truly he thought his Head a little light by it To conclude The Result was to see if differences could be taken away And therefore the Synod appointed some of their Number to speak with the Countess of Roâ—b some with Sir William Ker and some with M. K. All which was done Mr. Vetch and Mr. Semple were to go to the Countess But Mr. Vetch being indisposed Mr. Meldrum Minister in the Town-Church of Edenburgh went for him The Countess was altotgether inexorable and absolutely refus'd to admit Mr. Jaque into her presence tho some persons of great Honour did intercede for him and were very pressing he might get access but all in vain partly because he had entred into the Church of Kelso without owning her Ladyship directly or indirectly partly for falling so fouly on M. K. at his very entry Little good her Honour thought was to be expected from one of such a temper There was a committee appointed to receive in the Reports of those that were sent to commune with the Persons abovementioned of which Business in the following Part. We now come to give you an account of the two grand Points in the Reference and we are deceiv'd if you be not longing for it We shall begin with that Story about the Woman who they say was with Child and this we think fit to divide into three Parts An Account of a Notorious Cheat. First Part. § 18 KNow that M. K. these 22 Years past never once fail'd in Harvest being the time his Scholars get the Vacance to pay his due Respects by visit to that Noble Family of Kincardin wherein he had liv'd 6 years in a very honourable Post being Governour to that Famous Youth my Lord Bruce Brother to this present Earl In the year 1692 about the end of Sept. according
to his wonted Custom having gone from Kelso to Edenburgh from thence to Lithgo from that to Borroustonness from whence are 4 miles by Sea to Culross where the Earl of Kincardin lives About half an hour before Sun-set he enters Boat wherein were about 20 Persons some whereof were his old Acquaintances and very kind Friends After the ordinary Complements about one anothers Health The Folk of Lithgo says one to M. K. do now sore repent of what they did to you and your Family and I know that many of them heartily wish you would come back again O but said another they treated you very barbarously They first imprison'd your self and then cast all your Goods into the Street I 'm sure said a third 't was not their Duty for kind was you to the Presbyterians when they were very low I remember continued he when about 1200 Prisoners were brought from Bothwel-bridge through Lithgo and were put all night into the Flesh and Meal-Markets most of them almost wholly naked and about 3 or 400 wounded you alone stood from two or three in the Morning till near eleven upon the Walls reaching down with Ropes Meat and Drink and throwing among them many Cloaths which the People about brought to them and no other was suffer'd to stand there but your self having I remember Brown of Thornidike Captain of the Guards his Staff as a Warrant that the Soldiers might not challenge you For you know they were very strict on the account that some of the Prisoners had made their Escape out of the Meal-Market And kind was you to many that lay Prisoners in Lithgo-Tolbooth particularly to Mr. Andrew Donaldson a Presbyterian Minister in Fife and to Mr. William Tullidaff who was long Prisoner in Blackness-Castle pointing to it with his hand for it was in view and to his Family that then livâ—d in Lithgo c. While some were talking to this purpose a young Woman in no very good Dress unknown to any in the Boat after a very deep Sigh says O a long pronounc'd O indeed For this Business would be much better understood by acting it viva voce than it is being thus deliver'd by Pen and Ink O says she What hard things have I suffer'd Few know my Sufferings Her very looks and countenance in the mean time pleading for pity from all that were present What have you suffer'd said Mr. K. to her O Sir answer'd she Know you Sir Wil. Ker. of Greenhead I was five years his Servant and that I may repent this day O another long O beating on her Knees with her hands O that I had never seen his Face And yet I must confess that he is a most worthy Gentleman I cannot blame him Come to the purpose Lass said M. K. and tell us what you have suffer'd and how Sir W. Ker comes to have a hand in 't Then with another deep Sigh after that says she I left Sir William 's Service I came into Edenburgh and he and another Gentleman employ'd me to carry in Letters to my Lord Ballantin who you know was Prisoner in the Castle of Edenburgh I got a Fourteen indeed for â—â—â—ry Lâ—â—ter At last I was apprehended and searcht and the Letters taken out of my Breast I would never tell who they were that employ'd me but said that I got the Letters from a Gentleman upon the Street and two Fourteens to carry them to my Lord but we knew not whose Letters they were And so I was taken to the Canon-gate-Tolbooth where I have layn these seven Months and came out Saturday last 'T is true Sir William and the other Gentleman were always sending me something the Lord reward them and at last have get me set at Liberty But alas with a deep sigh shaking her head and wringing her hands Alas Alas said she The Servants and Officers of the Tolbooth have taken all from me they have left me nothing but the Brats you see on me I am going over the Water to an Vncle who lives about eight Miles from Culross he owes me ten Pounds Scots if I get it from him Iâ—ll put Cloaths on me with it I know not what to do I have not two Pennies in the World I know not how to pay my Fraight I expected Money in Lithgo but they were not at home that should have given me it and now 't is night I know no body I was never here before This and much more to this purpose she spoke with the greatest Confidence imaginable and never had a word to seek as if she had been reading a Print Book so that Mr. K. with all that heard her believ'd every word she spoke In short he pay'd her Fraight and recommended her to the House of William Couston commonly called Judge Couston a Fewer in Culrâ—ss telling his Wife he should satisfy for her Quarters that night From thence he went to see his old friend James Craich a Merchant there whose Son Mr. William Craich an excellent youth then Chaplain to the Duke of Queensbury he fortunately sound there having come to see his elder Brother John dying of a Consumption The said Mr. William did not long survive his Brother dying of that same Distemper Mr. K. had taught him together with My Lord Bruce his Latin and Greek After some discourse and a Game at Chess Mr. K. gave them an account of the said Woman telling where she lodg'd The elder Brother a very Sagacious Man Tho' weak in body yet had spirit enough asked Mr. K. if he knew that Woman what she was or where she liv'd c. I never saw her before nor heard of her answer'd Mr. K. till I was in the Boat Beware reply'd the dying Man she play you not such a Pavy as two Jilts did about a Month ago in that same house Pray tell what that was answer'd Mr. K. There came said the sick Man two Women to Judge Couston's House â—he one very big with Child as appear'd the other waited on her as a friend or a kind of Servant They told they were come from such a place and goin◠〈◊〉 another gave this and the other reason why they were thus alone she wâ— Married but durst not yet reveal it They came said he on Saturday and staid all Sunday but it was observ'd by the Servant Maid who did not go to Church but staid at home to wait on the said two Women that they were exceeding curious tho in a cunning manner to know where the finest things lay and to see them This being told to the Masters of the Family they concluded they were Cheats and therefore Judge Couston the good man himself resolved to watch all night and to lie in a room next to theirs The night said he is not long 't is no hard business to watch one night About the break of day he falls asleep The Jilts get up and knowing where things lay carry all away with them they were able to bear the worth they say of about