SECT. I.

MR. Kirkwood having liv'd in Lithgo, as School-master 15 Years, free of any stain whatsomever on his Reputation, was immdiately after the Ele­ction of Magistrates by Pole in that Burgh ( April 1689.) threatned by them, being all Biggotly Presbyterian, either to forsake the publick place of Worship, and go with them to the Meeting-House which was then kept in the Provost's-Hall and Kitchin; otherwise he might expect to be turn'd out of Doors.

He being persuaded in his Judgment, that the then establish'd Government of the Church was Lawful; and convinc'd in Conscience, that it was his Duty to comply therewith, till the Powers of the Land ( viz. The Convention of Estates then sitting) should make an alteration in the external Policy of the Church, which in his judgment is indifferent: And tho' there may be a better, and worse; yet if neither be sinful, 'tis the duty as he thinks of private Persons, not only for Peace, but Conscience sake to comply: for, tho' in its own Nature it be indiffer­ent, yet it ceases to be so, when settled by Law.

For this Reason he positively refus'd to go with them to their Meeting-House, whatever might be the event; yet he was not wanting to use all Lawful and fair means to dissuade them from forceing him to act contrary to his Conscience: And therefore he not only promised by word, once and again; (for many Commun­ings he had with them) but to assure them of his sincerity, he gave under his hand, in a Letter, written to Walter Stuart of Pardivin, then Provost, that he would chearfully Concur with whatever external Government of the Church the Powers of the Kingdom should be pleased to settle, judging it his Duty to follow, and not to run before the Laws in matters indifferent.

By the way, 'Tis most astonishing to see a body of People this day crying out against the severity of Rulers, and complaining, that they have not liberty to serve God according to their Consciences; and yet to morrow, when they get the Power in their own hands, they become guilty of that same fault which they blam'd so [Page 2] much in others, forgetting that great Principle of Religion, Do as you would be done to.

That we may return again to our purpose; know, that the Magistrates did not fail in what they had threatned; for within a very little time, contrary to all Law and Justice; contrary to the express Sentence of the Lords of Session, they caused their Officers, Four rude Fellows, in a most Barbarous manner to drag him out of his own House, and shut him up in close Prison, as if he had been a Malefactor: At that same time also, they turn'd to the door his Wife and Seven young Children in the cold of Winter; of which business a particular account was given in a Printed Information and Libel to the Lords of His Majesties Privy Councel, Sept. 1692.

Now, that the Magistrates of Lithgo were highly Blame-worthy in this matter, is evident from the Sentences of the two most Soveraign Courts of this King­dom; the Civil part of this Plea being frequently debated before the Lords of Ses­sion, and always determin'd in Mr. K's. favour, and the Riots before the Lords of Privy Council, by whom the Magistrates, were Fin'd in 4000 Marks Scots, for his behalf.

§ 2.

AFter a long and Expensive Plea, M. K. in the cold of Winter, came with his Family to Edenburgh, where he liv'd above a Year without any Employment, except that it pleased the most noble and worthy Members of the Committee of Schools and Colleges so far to Honour him, as to cause him to sit with them, and give his advice in matters relating to his Profession: where his carriage was such, that it mov'd some of them, and other Gentlemen to be ve­ry earnest with him to take their Children under his Care; to which at length he consented, and within a short while he came to have the greatest private School, that ever was in Edenburgh, and certainly by far the most gainful.

When he was, we may say, at his heigth this way, having about 140 Scholars, almost all Noble Men and Gentlemens Sons, the Countess of Roxburgh as Cura­trix for the Earl her Son, sent for him, and gave him the offer of the School of Kelso, with all the Profits and Advantages, that ever was possest by any in that place. He heartily thanked her Honour for the Offer; but told her he could not embrace it, having to do with so many Worthy Gentlemen, who were migh­ty discreet, and bountiful to him; especially considering, that he was much in their Debt, they always paying before hand; and a great many of them having only put their Sons to his School a few days before, some that very same day: And therefore he could not be so base, as this day to receive Money, and go away to morrow; and he knew very well, that these Gentlemen would not receive back their Money. The Countess prest, that he might immediatly accept, and go South, in regard the Place had wanted a School-master a whole half year; with much difficulty he got 8 days to think upon it, before he gave an Answer.

'Tis not far off the Road to shew here, that he had at that time very many considerable occasions in his Offer; one in Virginia to be Professor of Greek and Latin, in an University to be erected there in James-Town; another to a Free-School in Ireland The Viscount of Star was very earnest to have him in the West to a place his Lordship had Interest in. Mr. William Tulladaf (of whom hereaf­ter) Principal in St. Andrews was no less desirous to have him Professor of Hu­manity there, and sent a Gentleman from the Patron to him for that end; and to pass others, none was more pressing, than the Worthy Lady Hilton, who brought with her own hand into his School at Edenburgh, a Call subscribed by several Persons of Honour to be School-master at Duns.

After that he had consider'd all Circumstances, and advis'd with some friends (tho most were against his leaving Edenburgh) at last he resolv'd to accept the Call to Kelso, the Earl and Countess being Persons of great Honour; and (he was confi­dent) [Page 3] both willing and able to do him acts of kindness, he himself▪ being born under them, and most of his Relations their Fewars, Vassals, or Tennants in and about Dunbar: His present Charge at Edenburgh, very uncertain, the Magistrates having power to turn him out at Pleasure; and the Masters of the Publick Schools envy­ing him, nor had he any fix'd Sallary, and pay'd Yearly above 300 Marks for his Lodging and School, besides what he gave to 2 or 3 Doctors or Ushers. And falling on a way to satisfie Parents for what was to run of any Quarter-wages, which he had receiv'd; viz. That his Successor should Exact nothing, till the said Quarters run out, according to a Paction made between them. Upon these, and several other considerations, he return'd to the Countess at the time appointed, and told her Ladiship, that he was at her service.

§ 3.

IMmediately the Countses sent an Express to Sir William Ker of Greenhead, and others concern'd in Kelso, to acquaint them, that Mr. K. had accep­ted: for this had been their communing the former week at a Meeting about set­ling a School-Master; at which Meeting the Honourable William Hay of Drum­mellier proposing M. K. as a person fit for that Charge: All that were present did most willingly consent, and humbly begg'd her Ladiship would be pleas'd to commune with him upon that head; which, as you have heard, was done.

The Town return'd her Ladiship most hearty thanks for her diligence in that af­fair, sending two of their number ( William Anchram and Lancelot Brown) with an Obligation subscrib'd with their Hands, bearing, that they should Yearly pay 200 Marks Scots, as their proportion of Mr. K's Sallery. The Heretors pay other two, and the Kirk Session 50; which with the Casualties of Baptisms, Marriages, and Testimonials, is all that Mr. K. has of Sallary, out of which he is oblig'd to pay his Doctors, as he and they agree: All which particulars are expresly contain'd in a most formal Contract Subscribed by the Earl, and his Lordship's Curators, with o­ther Heretors, and such of the Town, as are in use to Subscribe at the like occasion.

Now, the Ground of the Plea between the Kirk-Session, and Mr. K. is about the said 50 Marks, and the Casualties of the Church, to which he lays claim by vertue of his Call; and in prospect whereof he accepted the Office. The Heretors found their Right on the uninterrupted Constitution and Custom of the place, past memory of Man; it having always been in their power to present a School-Master and Session-Clerk in all the Governments of the Church since the Reformation; and the said School-Master, being always Session-Clerk, still had a Sallary from the Session.

This Right and Property of the E. of Roxburgh, and others concern'd in the Pa­rish cannot be taken from them, but by the Sentence of a Civil Judge: And is it not, think you, very strange, that the Members of a Kirk-Session, being all Par­ties, should assume to themselves, Brevi manu, forsooth, the Power to dispose of the said Office, and the Profits arising therefrom.

Mr. K. will by no means cede from his Right [...]o for that were to give occasion to alter the Ancient and Laudable Constitution of the place, and to encroach on the Right of the Earl and others, and to wrong his Successors: Of which things more hereafter. Only it is not impertinent to shew here, that their being a half Years vacancy of the School before Mr. K's. Entry, the Members of the Presby­tery and Elders in Kelso, having lick'd their fingers with the said Profits, during the said Half-year, were loth to part with them: But of this you will get a more full Account in its proper place, Part 4. Sect. 13. Parogr. 12.

§ 4.

SOme few Days after Mr. K. was come to Kelso with his Family, Geo. Pringle Bailyff there, sent for William Christy, one of the Elders (who was appointed Collector of the said Casualities) to Geo. Handiside's House, and there, [Page 4] in presence of the said Geo. and Mr. K. and Mr. Colvil, School-Doctor, did, in Name of the Earl and others concern'd, intimate to the said Wm. that conform to Ancient Custom, and the Call given to, and the Contract made with Mr. K. by the E. of Roxburgh and others, the said Mr. K. was to enter to the said Casualities and 50 Marks out of the Session-Box; and to officiate as Session-Clerk, &c. Or, if he pleas'd to substitute the said Mr. Colvil to precent and perform the other Of­fices within the Church. And therefore, said the Bailyff, You are henceforth to de­sist from Collecting any of the said Profits, this Mr. K. will do himself; I shall acquaint the rest of the Elders, reply'd the said Wm. and give you an Answer.

Several Weeks passed, and yet no return given, tho' both the Bailyff and Mr. K. frequently prest to have it: The Presbytery was to be consulted, and the said Wm. protracted as long as he could; for, if he had no advantage from the real Profits, yet he was now and then receiving Perquisites, sometimes 2 or 3 Scots Pints of Ale, when a Bridegroom came with his Bride to give up their Names. Michael Fisher also, another Elder, who officiated as Session-Clerk, was at no loss by his Employ; for, if he took not Money, as he said one day to Mr. K. for Testimonials and Absolvitures, he got not a few Pints of good Ale and No­gans of Brandy.

By the way know, that Mr. K. had agreed with the said Mr. Colvil for 100: Marks a Year, that he should officiate as Precentor in his room; and did actually pay it, as his acquittance can make appear; tho' he did never once officiate not Mr. K. Receive one farthing of the Casualities.

§ 5.

THis attempt by word of mouth made to the Elders, proving ineffectu­al, one of another kind is try'd.

Jan. 1693. A Petition subscribed by the said Bailyff in Name of the Earl and others is given into the Presbytery, then sitting in Kelso Kirk, out of the Bailyff's own hand; which Petition being but short, and the first made use of in this affair; and especially, because it contains some very material points of the following Pro­cess, we have thought fit to set down at large.

After some debate in the Presbytery, the B. being call'd in, was told, that they were not competent Judges in that Affair; it belonging to the Minister and El­ders of the place.

'Tis fit here, that you know, that the Presbyteries of Jedburgh and Kelso at [Page 5] this time were joynt. and sat both as one; and hence it was, that Mr. Gabriel Semple, Minister at Jedburgh (who is Instar Omnium) being that day present, made use of this Argument, viz. To delay the setling of Mr. K. is a good mean to hasten the setling of a Minister in Kelso.

§ 6.

'TIs most pertinent here to give a particular Account of some very odd Passages, which fell out by an Encounter between Mr. S. and Mr. K. who had never seen one another till that day.

The matter is as follows, Mr. Semple before he went into the Presbytery, came up to Mr. K. walking in the Church-yard with two Gentlmen, and said, Which of you is Mr. K.? What's your will with me? Answered Mr. K. I would gladly spend half an hour with you; reply'd Mr. Semple I'll wait on you Sir, when and where you please: said the other, I shall call for you after Dinner, answer'd Mr. Semple and thus they parted.

Business, it seems, not suffering him to call that Night; next day he sent for Mr. K. to the Laird of Thirleston's Lodging; where he began the following Dia­logue. Mr. K. said he, I have sent for you, that I may know the ground of that Plea between the Magistrates of Lithgo and you: I hear much talking of it every where. Did you never, Sir, answer'd Mr. K. see the Printed Information, and the Libel, which I gave unto the Lords of Privy-Council against them? Never, reply'd M. Semple but I would be glad to see them; I was lately, continued he, in the West country, about Glasco; where I saw the Provost of Lithgo, who is now denounc'd Rebel and Fugitive upon your account: Poor Man! He's the only person, that has suffered in this Government. You must excuse me, Sir, an­swered Mr: K. to think, and say, otherwise, Ten thousands besides him have suffered hard things, whether justly, or not, 'tis not my business to enquire; but, as to the Provost, what he suffers, 'tis most just, unless you say, that the Lords of Privy Council have committed Iniquity. Would you not be content to be reconcil'd with him? Said Mr. Semple I would be a very bad Christian, an­swered Mr. K. if I refused to do that, but, I hope, you'll confess, that he ought to satisfie me for the injuries he has done me.

Come, Mr. K. Let us leave this point, said Mr. Semple I have another thing to ask you. Tell me, what power Magistrates have in the matter of turning out their School-Master. Sir, reply'd Mr. K. I must first know whether these Magistrates be the sole Patrons of the School, or joynt with Heretors, If joynt, the one can­not act without the other.

But the chief thing I would know, is the Nature or Tennor of the Contract be­tween the Patrons and their School-Master, whether joynt, or not, is one and the same thing: If the Contract be express, and positive for a certain number of years only, when these are expired, no question 'tis in the Patron's option to re­move him, or not; providing he get a legal warning. But if the contract be Ad vitam vel culpam, o [...] yet, if the Call be in general terms, viz. to be School-Master in this or that place; (which, they say, is equivelant to the former) the Patrons, whether sole Heretors, sole Magistrates, or Joynt, have not power to turn out their School-Master; unless he be guilty of a Fault, and that a relevant one, deserving Deprivation. And therefore, if that School-Master perceive; yea, suspect partiality in his Judges (who in effect are Parties) he may by an Appeal, Advocation, or Su­spension, carry the matter to a higher Judicature: for who knows not, how often a leading Person in Burgh, or Country has for his own sinistrous ends, so influenced his fellow Judges, that by their Vote, poor innocent people have been most un­justly turn'd out of doors, disgrac'd and beggar'd they and theirs for ever.

What you say, Mr. K. seems very rational, reply'd Mr. Semple and can hardly be [Page 6] deny'd. I am inform'd, continued he, that a School-Master in Jedburgh was turn'd out for sleeping in the Kirk. A very odd reason indeed, reply'd Mr. K. but, pray Sir, tell me, whether that was the sole Cause; or that with other reasons? I cannot give you a particular account of matters, answered Mr. Semple I only heard the thing in general: And with these words he arose, saying, It was time for him to go home.

§ 7.

MR. K. convoying him to the Boat, where he was to cross Tweed (about 200 paces distant) said to him on the way; Sir, you have been pleased to ask me several Questions; I hope, you'll also give me liberty to speak to you about things, wherein I am concern'd. And, first, I must tell you, Sir, that the Answer the Presbytery gave yesterday to the Petition given in by the Bailyff in the name of the Earl and others, was very ill taken: and some blame you for it. It will hasten the settlng of a Minister among you, answered Mr. Semple that your business be delayed till that be first done. Excuse me, Sir, to differ from you, reply'd Mr. K. It will rather retard the thing, for your refusing to satisfy a just desire, does irritate persons concern'd, and makes them averse to concur with you in other matters. Do you not think, Mr. K. answered Mr. Semple but the Minister and Elders are much concern'd to know the Qualifications of that per­son, who is to be their Clerk and Precentor? No man of common sense will de­ny, but they are exceeding concern'd in that matter, reply'd Mr. K. Yea, it is the great concern of the whole Congregation to know that he be every way duly Qualified for his respective Offices. And yet, what you say makes nothing a­gainst the business in hand. It having been, I say, in the power of the E. of Roxburgh and others in the Parish of Kelso, past Memory (not to mention prescription) to present a School-Master and Session-Clerk, these two Offices being always lodg'd in one and the same Person; if he be every way legally Qualified, 'tis not in the option of the Minister and Elders to accept, or not accept: And to settle ano­ther in that Office, is to encroach on another man's Right. And, Sir, give me leave to tell you, that the Minister and Elders are very incompetent Judges in this Debate, being Parties, and so Judges in their own Cause; and cannot, but be supposed to act partially in this affair: For you know, Sir, how Ambitious Men are to have power to place, and dis-place others at pleasure; yea, as the Po­et says, even to kill their Neighbour, tho they do not desire to do it.

But that, which I mainly urge, is, that this Plea under debate is a Civil busi­ness, at least as Civil and more than the Right that Patrons had to present Mini­sters to Churches, which would have continued to this day, if King and Parlia­ment had not determined otherwise.

And, Sir, to conclude this Point; Let matters go as they will, by God's assi­stance, I shall do nothing that may either give occasion to alter the Ancient Cu­stom of this place, or to encroach on the Right of my Worthy Patrons; nor that may tend to the prejuidce of my Successors.

By this time they were come to the River, and therefore Mr. S. made no re­ply; only he said, No man indeed can blame you to seek all that is contained in your Contract; and I think they who Contracted with you, are obliged to see you get it: Farewell. Fail not to send me that Information and Libel about your Plea with the Magistrates of Lithgo: And thus they parted.

§ 8.

MR. K. return'd home, musing what might be Mr. Semple's design to en­quire about his business in Lithgo, and the power of Magistrates in the matter of turning out their School-Masters; time, the best Interpreter of Secrets, [Page 7] soon discovered that Mystery; for within a few days he heard, that a Libel was raised against Mr. Hamilton, School-Master of Jedburgh: And that one of the ARTICLES was his Sleeping in the Kirk in time of Divine Service.

At last the poor old Man was turned to the door, whether justly, or unjustly, God knows; and Time, at least Eternity will discover. At present know, that Mr. James Daes, Laird of Cowdenknows, a very Judicious Man, and a great Law­yer, openly said in the face of the Synod at Kelso (March 1694.) that it was loudly talk'd through the Country, that Mr. Hamilton met with Jedburgh Justice.

To return to our purpose, Mr. K. according to his promise and Mr. Semple's desire, sent him on Tuesday thereafter the above mention'd Printed Information and Libel, enclosed in a seal'd Letter.

In this Letter, after a brief touch of the business in Lithgo, he sub-joyns in manner of a Postscript some things relating to what past betwen them in that communing they had, while they were going towards the said River: And at the close, he beggs liberty to tell, that it was neither Decent, nor Orderly, that Weavers, Taylors, and Livery-Men should be set up to Officiate as Precentors; and in the mean time Masters of Arts, whose Right it is to be there, kept down. He adds also to this purpose; That it gave just ground of offence to the people, that two different persons, the one a weaver brought from Yettam, six Miles di­stant, the other a Master of Arts living in the place; should both at one minute take up two different tunes, the Weaver Stilt-tune, the other London, making indeed a sweet Melody, each of them with the help of their own Consorts, crying and sqweeking aloud, to drown the voice of their opposites.

Nor was the Minister wanting in his part, for he pretty severely gave the Ma­ster of Arts a Rapp on the pate, and snatch'd the Book out of his hand.

Those in the Church, that were Neuters, did Laugh very heartily; a great num­ber run out of doors, as if fire had been amongst them. Some English Officers (for Sir John Lanier's Regiment was then lying in Kelso) cryed out with a loud voice, The People are all gone Mad; The Devil's in the Minister.

This was remedied the next day, wherein that Minister Preach'd, there being no singing at all.

By the way know, that Mr. K. was very averse to give this particular ac­count of what past between Mr. Semple and him, but he could not get by it, be­ing a most necessary Introduction to a very strange Passage, that followed thereon. A Mistery indeed! A very deep and hidden Mystery, which neither M. K. nor those concern'd in him are able to dive into. A jugling trick it is. A meer Cheat, if ever their was one: but where it lyes, who the Hocus-pocus, who Art and Part, there's the Mystery.

§ 9.

YOu are not to expect a full account of this matter: for if that could be given, it would not be a Mystery. You must resolve to live in the dark with Mr. K. and his party you may perhaps have it from the other side; especially if you be a Brother.

The business is as follows; Mr. Semple having received Mr. K's Letter, carried it the very next day into the Joynt Presbytery of Kelso and Jedburgh: If this was a discreet act in him to produce a private Letter in a publick Judicature, without first acquainting the Author, let the world judge.

This Letter was read again and again, and no little debate and heat about it. What moved Mr. Semple to carry it in, what design he had in the matter, what words past among the Brethren, who were Pro, who Con, Mr. K. can give no cer­tain account: only he heard in general, that there was a very warm debate on both sides, and thus it came to his ears.

[Page 8] James Thomson and William Christy, Elders in Kelso; being present at that Joynt Presbytery met at Jedburgh, were removed before reading of the said Let­ter, and so knew nothing of the contents thereof. A pretty while after, two or three Elders of other Parishes were turn'd out also: These had heard and seen much of the Contest, that was amongst the Brethren within.

As soon as they were come out, Pray, said one of them to Kelso Elders, What sort of a Man have ye for your School-Master? I cannot well tell, reply'd one of them. He's a Man sharp enough; but, &c.

He must be a strange kind of man, said that other; for he Hectors all the Ministers at a wonderful rate in a Letter, which he has written to Mr. Semple But tell me, conti­nued he; Whom have ye for a Precentor? Sometimes the Minister Precents, some­times another Person, reply'd James Thomson: Yond Letter, said the other, bears, that Weavers, Taylors, and Livery Men Precent in your Church; and sometimes two several Persons in a most unseemly manner take up different Tunes at one instant; yea, and that at other times you have no Singing at all: So that the Worship of God is De­fective and Imperfect amongst you.

This made Kelso Elders look one to the other, as if their Noses had been bleed­ing: They knew the Weaver and Taylor, but could not imagine who was the Livery-Man; tho' they had seen him about 10 days before officiating, as Precen­tor, having Blew Livery; viz. Mr. S's own Servant, his Master Preaching at Kelso that day. Follows the Main point, for which all the rest are adduc'd.

A very strange Passage.
§ 10.

AFter a hot and long Conflict about the Contents of Mr. K's Letter, at last an Act passes in his Favour relating to the Petition given in to the Presbytery at Kelso by the said B. And Mr. Gaudy Minister at Sprouston was appoint­ed to acquaint Sir Wm. Ker of Greenhead, that such an Act was past. Accordingly Mr. Gaudy went and informed Sir Wm reading the Act to him; and desired he would be pleas'd to cause Mr. K. either to come himself, or to send another for its Extract. Immediately Sir W. crosses the River to Kelso, and informs Mr. K. He without delay sends the abovementioned Mr. Colvil with a Letter to Mr. Gaudy which when he had read, he desired Mr. Colvil to tell Mr K. that since he had been with Sir W. Ker he had met with Mr. Tho. Thomson Minister in Ednim, who told him, that there was some little demur in the business. You may write so much to Mr. K. answered Mr. Colvil. There's no need to write, reply'd Mr. Gaady I have nothing else to say but what I have told you; and that you may easily re­port by word of Mouth. You must excuse me, Sir, answered Mr. Colvil, I will not carry your Message by word: I think, seeing Mr. K. wrote to you; discre­tion obliges you to write back to him. Mr. Gaudy being thus prest, wrote as above related. Know also that he read the said Act to Mr. Colvil.

Mr. K. was astonish'd at the receipt of Mr. Gaudy's Letter, not knowing the ground, or reason of the demur; He thought the world was turn'd Topsy-Turvy, that no person was thereafter to be believed.

Very opportunely he meets with Sir W. Ker who asking if he had got the Ex­tract of the said Act. Yes, Sir, reply'd Mr. K. and lo there it is, delivering to Sir Wm. Mr. Gaudy's Letter.

What he thought, how he look'd, what he said, you may easily conjecture. 'Tis not fit we repeat his words, only know, that immediatly, without so much as turning him about, he went strait on foot to Sprouston, a large Mile distant, and ne [...]'d Mr. Gaudy and his Brethren most severely; We for bear to mention his words, because, 'tis no hard business to guess what they were.

[Page 9]Now, we leave to any indifferent Person, what to think of this Affair; cer­tainly there's jugling in the Matter: and the most innocent of them all cannot but be conscious of the Intrigue of the Business; and in so far Art and Part of the Enormity of the Fact.

Mr. Borleans, a Member of the said Presbytery, as honest and plain-dealing a Man as perhaps is amongst them, paying M. K. his old Acqua [...]n [...]ance, a Visit, being desir'd to unfold this Riddle, shook his Head, but positively refus'd to open his Mouth about that Matter.

If M. K. alone were concern'd in this Affair, there would be less Ground of Wonder. But to see Men in their Circumstances met together, in a most so­lemn manner, sitting and acting as Judges, yea, the Messengers of Jesus, and Ambassadors sent from God; Men, who ought to be Examples to others, of plain and candid Dealing; to see, we say, these Men treat in a most jugling and deceitful manner Persons of the greatest Honour and Dignity in the Kingdom, is not only an Act of the greatest Indiscretion and Rudeness imaginable, but the very heighth of Madness and Folly.

And that which mightily aggravates the thing, is, that they never sent any of their number to make an Apology to Sir W. Ker an Honourable and Worthy Gentleman, a Person of Honour, the chief Factor and Overseer of the Earl's Af­fairs in that place, Principal Bailyff of the Burgh, and next Heretor to the Earl: Now, think you not, but that a Person of his Quality and Circumstances ought to have received some satisfaction for the Indignity that was done him?

But in effect that would have laid open to the World the Intrigue of the whole business; and so discovered the Imperfections (to say no worse) of some Reverend Brethren: It was, by far, greater Wisdom to observe the Proverb, which we confess is more significant than cleanly. The more you trample on a Turd, it becomes the broader. And thus ends that nasty business.

§ 11.

THe next thing worth our notice, happened the Twenty Sevent of April thereafter, and is as follows.

John Brown M [...]rchant in Kelso, a Leading Man, and one of good Repute a­mongst the Presbyterians, came to M. K. and said, Sir, truly in my judgment you are very much wrong [...]d in that you [...]e out of the Kirk-Profits. Your Predecessor was not so treated. He was deprived indeed, ab Officio; but not a Beneficio: For I being then Kirk-Treasurer, pay'd him out of mine own hand: And therefore I'll go and interpose my power with the Elders, that this wrong may be re­drest; and within a few days I shall return, and give you an Account of my Dili­gence.

The 3d. of May, he returns with this Commission; I am desired by the Elders, said he, to tell you, That if you will give under your Hand, that you have the said Casualities, as a Gra [...]uity from them, and that during their pleasure; and that they shall be Collectors thereof, and to pay you Monthly or Quarterly, as you please; you may have them. Which words being repeated over again by the said John Brown, M. K. holding out one of his fingers, said, he would rather that a Joynt were cut off it, than subscribe such a base Paper. He was not so weary of his No­ble Patron, the E. of Roxburgh, as to make such a pitiful change. And besides, to subscribe that Paper, were to own a gross Falshood; yea, a horrid Lye: for 'tis not in the power of 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 [Page 10] 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, 'tis 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 'twere, 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.

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 'tis 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, there [...]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 [...]) 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 [Page 11] 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: 'Tis a sad thing, that such a Congregation, as Kelso, should be so long without a settled Minister. 'Tis 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. Ker with the List of the said names, leaving to his Honour to pitch on any one of them he pleased: That will I not do, answered Sir W. for that Person may please me, who perhaps will displease another. You have a Blank-Call put into your hands, do with it as you will be answer­able to God and Man. This is the Sum of what past.

[Page 12]These Brethren having made report of what past between Sir William and them, immediately the above mentioned Mr. Guttry and two or three others are put in­to a List, that it might be determined by a Vote, which of their names sh [...]uld be incerted in the said Call: And so without any debate, the said Mr. Guttry carried it, having more Votes than any of the rest, as Records bear.

Hitherto, you see, things are done most deliberately and Legally; but now follows something like an After-Birth: a Monstrous and Shapeless Creature. In plain terms, you shall find as strange and wild Passages in their kind, as have fallen out in our Age. Such things, we say, as you could hardly believe Men of common sense can be guilty of: most extravagant acts; quite contrary to all Law and Form: Acts raising to the very Foundation the things, which the same persons did build the other day. Strange! None more observant of due Form and right Order at other times; but, when it comes to be their own Case, Hacker­tons Cow, as we say, then they stand not to break over all Form; yea, and Sub­stance too, having no regard to material Justice it self; but carry like a flood all before them.

§ 3.

FOr the better understanding this so strange a Passage, be pleased to know, that about Ten days after the said Synod had risen, a Committee of the General Assembly met within the Kirk of Kelso to consider a Libel raised against Mr. Peacock Minister at Morbattle, and to examine Witnesses in matters relating to the said Process. Mr. Peacock, whose Wife being Dead was to be Buried that day, wrote a Letter, promising to wait on the Committee, after he had per­formed his last duty to his Wife. Notwithstanding this too lawful excuse, they went on, and Examined Witnesses in absence: what was done by this Commit­tee in the said Affair, it is not our business to enquire. It is sufficient for our present purpose to shew here, that Mr. Jaque was a Member, if not Moderator of the said Committee, and stayed behind after the rest were gone home.

What discourse, or communing was between the Presbytery of Kelso and him, as to what past in the Synod about settling a Minister there, we can give you no particular account: This you must Collect from what follows.

In the first place therefore know, that Mr. Jaque Preached the next Lords-day in the Kirk of Kelso, in order, as afterwards appeared, that the people might know his skill in that Art: Know also that the next Lords-day (at least the se­cond following.) Mr. Glen Minister at Stitchel, being sent to Preach at Kelso, told the people from the Pulpit, that he was ordered by the Presbytery to make In­timation to them, that the Heretors, Elders, and others of that Parish should meet within the Kirk at Kelso the next Morning, precisely at Nine a Clock, in or­der to subscribe a Call to Mr. W. Jaque, Minister at Biggar. A wonderful sur­prize, you may be sure to most part. Pray Mr. Glen, might the people justly have reply'd; Tell us, by what Right, or Law can Mr. Jaque be our Minister? Were we not told the other day, that Mr. Guttry in Oxnam was by Act of Synod appointed to be Minister of Kelso? Yea, did not some of us hear the very Act pass, and see it recorded in your Register? Tell us, pray, what way you have got over the Act? Have you razed it out of the Records of the Synod? This will be found a Heynous Crime. And, if it yet continue there; why is it be­come Null and of no Effect? Shall the Presbytery of Kelso, a very small part of the Provincial Synod of Merss and Tiviotdale undo what they have so deliberately e­stablished by a Law? We cannot think, they will attempt any such thing. And therefore, we must beg your pardon, Mr. Glen, if we doubt of the Truth of what you say. Shew us your Commission, otherwise we are not obliged to be­lieve your bare word; especially since you cannot back what you say by Scri­pture; [Page 13] and we can instruct our Assertion from your own Records: Think not thus to take from us the true Child, and to put in its room a spurious Brat. This and much more to this purpose might have been objected. And further; It had been most proper to have added as follows. Suppose, might they have said, we had no right in Mr. Guttry, nor he in us by any Act of the Synod: and grant also, that the Presbytery had power (as they have not) to nominate a Minister for this place, yet they ought to give to all persons concerned due Inti­mation. Pray Mr. Glen, speak ingeniously in the matter. Is this Intimation, which you have made from the Pulpit, Legal, or not? Is it conform to the Laws, Customs and Practice of this Kingdom? Think you it possible that Here­tors and others, that live at a distance, can be advertised in so short a time, espe­cially now in the very de [...]d of Winter, and in time of a very great storm of Show: And you are not Ignorant, that most of the Heretors, and these that are by far the more considerable, live out of the Parish, and that at a good distance. No, No, Mr. Glen, 'tis so far from being a due and legal Intimation; that 'tis a perfect Sham: A meer jugling with persons of Honour. A very Swallow could not give Advertisement, tho' she had taken flight, as soon as the words dropt from your mouth. You know the common Proverb; Festinans canis caecos panit Catulos: Fools haste is no speed. You'll perhaps see the truth of this hereafter, and repent out of time. 'Tis not in the wit of Man to justifie your proceedings.

Pray come, Mr. Glen, let us reason the matter in earnest: Either you desire the Heretors to meet, or not. If you desire they meet; how can you require that of them, which you know is not in their power to perform? If you do not desire they should meet; why make you an Intimation? Is it not in order, that they may meet: So that in effect, you desire, and not desire. You desire in word, and seemingly to the World; but in Truth, and in the sight of God you do not desire. Mass John, Mass John, (might they say in their own dialect, sha­king the Head, and pointing with the Finger, as their custom is) This is not fair dealing. 'Tis Hypocrisy in its hight. a jugling with persons of Honour: A thing most unbecoming one of your Coat, especially, when you speak from the chair of Verity.

§ 4

WE proceed to shew you more of this kind of stuff, tho' of a different Stamp, yet a true native Brat of the former discourse. 'Tis as fol­lows.

According to the Appointment, the Five Elders with a few, who run their way, failed not to convene precisely at the hour: Never were men more eager to get hands to a Paper, than both Elders and Ministers, especially the said Mr. Glen, pressing every body to subscribe. Amongst others came the Bailyff, and unhappily put to his hand; for which the honest Gentleman was turned out of his Office by the Earl and his Curators. The Ministers had persuaded the Bailyff that Mr. Jaque was an excellent person; but within a few days thereafter get­ing a true Description of his humour and temper of Spirit, he sore repented of what he had done.

The Elders no doubt by the advice of the Brethren, not thinking themselves sufficiently secure with the Subscriptions got within the Kirk, went thro' the town for more: Nor did they rest within Burgh, but travelled to the Country to see what purchase they could make there. And that we may put an end to this point, we shall only give you the following Passage.

It fell to the lot of Jo. Thomson, a Cooper, and one of the Elders, to go to a little Country Village, called Fair-Cross; never did a Beggar go more carefully from door to door, or was more unwilling to go without his a [...]ms, than he. At [Page 14] last he stumbled into Dandy Huy's Barn, where his Servant Lad Robert Bruice was Threshing. After some little course Complement, such as; What now, Ro­bin; you are alway busie, is it not time to rest your self, quoth John? What now good Man; is that you? What's brought you to this Town; answer'd Robin? I have been getttng Subscriptions to our new Ministers Call, Robin, quoth John again. O man (with a gape and a Glower) We are now to get a dainty Minister. O O O, but he's a brave man! Every body is Subscribing his Call. See man, what Names are there (holding out the Call and Subscriptions) The Bailyff subscribes with the first in the name of all the Heretors. Come, Robin, we must have your hand with the rest. I cannnot write, answer'd Robin. No matter, quoth John, I shall lead your hand. And so on the top of a Sack, or something of that kind, they two did the busi­ness.

'Tis worth the while here to shew you, that John asked not for Good-man Dandy, Robins Master; for he had refused already to subscribe, when desired by Michael Fisher another Elder. Come, Dandy, said Michael; lend us a touch of your fore-foot to a Paper here. Fie [...]d a scrape, and that I wot well, quoth Dandy. In short, Dandy was more like to lend Michael his hinder foot, than his fore-foot.

'Tis easy hence to judge, what sort of Cattle (except a few, who did on the Bailyff's account) subscribed this Call; Journey-men, Apprentices, Servants, Boys, if not Children; yea, Beggars, or such as live on Charity, or not worth the Kings Ʋnlaw, as we say.

To confirm this; know, that a debate falling out between Mr. Jaque and Mr. K. or rather between the E. of Roxburgh and Mr. Jaque about a Brew-House or Cellar; for which Mr. K. being summoned at Mr. Jaque's Instance to compiere before the Sheriff of Tiviotdale, his Proctour crav'd to see Mr. Jaque's Call in or­der to know his Right to pursue for the said Cellar: Whereupon Mr. Archibald Dowglass, Sheriff Depute, past an Interloquitor, that it should be produced next Court day; which being come, the Defenders Proctour, crav'd the Call might be produc'd. There is no need, says the opposite Proctour, to produce any such paper, it being manifest to all, that Mr. Jaque is Minister at Kelso: The Defen­der oppon'd the other days Interloquitor.

After some jangling between the two Proctours, Mr. Tho. Steel sitting that day in the Deputy's absence, as the Sheriffs Substitute, took the Call out of his Let­ter-Case, and gave it to the Defender's Proctour, who scarcely having cast his eyes upon it; My Lord Sheriff, said Mr. Jaque's Proctour, 'Tis not fit every body see this Paper; and immediately he snatch't it out of his fellow Proctour's hand, and threw it back to the Sheriff. To which it was reply'd by the Defenders Pro­ctour; That as all Writs, whereupon Processes are founded, are given up to see, and object against; so much more ought this Call, seeing from their Shyness in suffering it to be seen, 'twas presumable that 'tis forg'd; adding, that he of­fer'd to Instruct, besides several other gross Informalities, which might be made appear, if the Call were given up, that many persons had Subscribed the same, who had no Right to do it; yea said he further, I offer to prove, that there are hands at that Call, of persons that could never write in their Life. These, and many other things to this purpose, were openly spoken in the Face of the Sheriff-Court at Jedburgh. As to the business of the said Cellar, or Vault, which gave occasion to this Debate, you will have a particular account thereof, Sect. 7. Part 3. Ans. to the 15. Art. Remark B.

§ 5.

THe Call being sign'd, as you have heard, was carried to Biggar; where, you may be sure, it was made very welcome by Mr. Jaque, who was weary of that People; or rather they weary of him, and that not only [Page 15] these of the meaner sort; but persons of the highest dignity in this Nation: And which is yet more Remarkable, such as very much favour his Party; particular­ly the Noble Earl of Crawford, of which thing you may likely have a touch in the last or fifth part of this Process.

We cannot well pass here an expression, they say, he had to some persons at Big­gar, when they were advising of him not to go to Kelso. You are now become Old, said they to Mr. Jaque, the people there are very High and Proud; so that you'll find them somewhat untractable; especially considering that they are divided amongst them­selves, and those generally of the best Note are of a different persuasion in matters rela­ting to the Government of the Church, and consequently will suit very ill with your judgment in that matter. That's nothing, answered Mr. Jaque, I love to be in Action. He had spoke more properly, if he had said, I love to be in Conten­tion. A Commentary on this may be a saying of his own Brothers son, Alexander Jaque, a Dyer in East Lothian; while discoursing one day with a near Relation of Mr. K's he told he had an Uncle, who is Minister at Kelso; but, added he, Sure I am, he'll keep them all in hot water, and make them eat their meat in order. Shame befall him, and you both, reply'd Mr. K's Friend; for well know I whom he keeps in hot water, my very near Relation Mr. K. School-Master there; but I am much mistaken, if ever your Ʋncle was so well match'd in his Life. I hope, he who vanquish'd the Twenty Seven Gods of Lithgo, will not be easily run down by one single Man. At this Mr. Jaques Nephew stood, as if his Nose had 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. 'Tis indeed but a small one; hardly worth the naming. If there be, as some say, Venial Sins, this is one. 'Tis Incident to the best of Men, and the better they be, they are the more ready to fall into it. In a word, 'tis 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. 'Tis 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 [Page 16] 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. 'Tis 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 'tis 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 [Page 17] 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. 'tis 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 'tis 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 to go through particulars: If any doubt, a very little enquiry will find out the truth. At his Entry many of the best Note in the Parish, who now absent, did keep the Church; but when they found him run wild, both as to Doctrine and Practise, they deserted: particu­larly Sir W. Ker, Bailyff Pringle, &c. Pray, is't any wonder people be offend­ed, when openly in the Pulpit he calls these, that do not run with him to the same excess of opinion, Devils a communion of Devils, a company of Prophane Men and Women, &c. And while he sits in Judgment with his Elders, he calls people Lyars, notorious Lyars, Knaves, Companions of that Hellish Crew, that go to the Meeting-House.

Nor is he a whit better in Civil matters. Has he not usurp'd the right and pro­perty of the E. of Roxburgh and other Heretors, by giving a Call to a School-ma­ster and setling him in the place: to say nothing of the other Offices? Has he not with his five Elders without any Visitation, or calling for persons concern'd re­moved several seats in the Church? A complaint thereof being made to the Bai­lyff, they were order'd to carry them back to their own place. Yea he has done stranger things than this. He borrow'd from a Gentlewoman a Desk or Seat for the use of his Wife, which, without the owners knowledge, he turn'd into ano­ther form; a thing as ridiculous and unjust, as if you should borrow your Neighbours Cloak, and turn it into a Coat for your own Conveniency. The reason of this alteration of the Seat was; because Mrs. Jaque is so mighty gross, that, as the Seat was formerly, she could not have sufficient room in it. The Gentlewoman hearing what was done to her Seat, sent for one of the Elders; and challeng'd him for what was done to her. He answer'd, that the Elders could not help things: Mr. Jaque did what he pleased in Session. Many hun­dreds of very strange passages might be adduc'd, if we were not hastening to conclude this point. Take therefore only this one other; by which you shall know, that Mr. Jaque not only does great Injuries to Strangers or Laicks, but also to his own Brethren, whom he stands not to abuse at a strange rate, and that in the face of the most publick Judicatures of the Church. No man is more against Lords in the Church, than Mr. Jaque, and yet he can Lord over his Bre­thren, and Banter them at pleasure. In the face of the Synod ( Oct. 96.) when a very Worthy, and Reverend Brother Mr. Orock, Minister at Hawick was ex­onering his Conscience in defence of the Truth in a point relating to Mr. K's Process, he most uncharitably called him Mr. K's Agent. And know that in a Paper (of which in its place Sect. 26. Part. 4.) given into the said Synod, and which at that minute was the Subject of their debate, being publickly read be­fore them, he calls Mr. K. The Devils Agent, and Factor for Hell. So that by an infallible consequence, honest Mr. Orock is but the Devil's Agent's Deputy, and an Inferiour Factor for Hell: If that be true, which Mr. Jaque says and writes.

From such a Man good Lord deliver us. To whom in the world can we com­pare him? He is infinitely worse, than the Usurper Cromwel, who, tho' he rais­ed [Page 18] himself by wicked means, yet during the Administration of Affairs, acted his part not ill: But here's one, who not only crept in by indirect measures; but after he has got in, behaves himself like a Cruel Tyrant, Domineering over great and small.

§ 8.

SO much for matters of Fact. As to those things, which are to be deter­mined, either by the Canons, Custom, and Practice of the Church; or the Publick Laws of the Kingdom, we shall leave them to the Enquiry and judgment of those, that are better vers'd and more experienced in such Studies: Yet we humbly judge it not altogether improper for us to propose here some few Queries.

Q. 1. If a Provincial Synod has after great deliberation past an Act appointing such a Man to be Minister in such a place; whether or not, may a Presbytery of that Synod, eight or ten days thereafter go about to setle another in his room? And what Censure deserve they, if they do so? Now know, that neither the Presbytery, nor they with others had any Power, or Commission given them by the Synod to do such a thing.

Q. 2. If the said Presbytery going on to setle another Minister, than was ap­pointed by the Synod, make a Sham and Mock intimation (such as is above de­scribed) what Censure, &c.

Q. 3. If the Ministers, or Elders, or both, use sinistrous methods (such as are above related) to get Subscriptions; especially from Persons that have not right to subscribe a Call, What, &c.

Q. 4. If these Ministers, or Elders, mis-represent things to a Church Judica­ture, or to a Congregation, in order to carry on and effectuate their business; What, &c.

Q. 5. If Mr. Jaque not only knew, that another had right by Act of Synod to be Minister at Kelso; but did actually commune and discourse with the Presby­tery about his own setlement there: yea, went up to the Pulpit on design to give the People a Specimen of his Abilities. Now, whether, or not, may it be said, he was in some respect Active, and not altogether Passive in the matter? For cer­tainly to commune and discourse with others upon the Subject; and to step up to the Pulpit, and Preach for such an end, doth clearly import more than to be purely, on altogether passive in the affair; all these words in their native and proper sig­nification implying action. Hence you may infallibly infer, that it Mr. Jaque wrote to a Gentleman, that he was Altogether passive in this present affair, he wrote that which he knew was false; What Censure therefore, &c.

Q. 6. If Mr. Jaque did publish abroad in his Letters, and otherwise (as can in­fallibly be instructed by the production of some of them) that the said Bailyff Pringle and others, did subscribe his Call by the Consent and Direction of the Prin­cipal Heretors; and if this be not true, What, &c.

Now, certainly the principal Heretors are the E. of Roxburgh, Sir W. Ker of Greenhead, and Cavers Ker; to name no more. That the Bailyff and others did not subscribe Mr. Jaque's Call by their direction, does most evidently appear from this; viz. That these Persons of Honour did expresly declare in a Petition subscribed with their hands, and given into the General-Assembly ( Jan. 96.) that they did not own Mr. Jaque's Call, and that it was Null, ab Initio, &c.

Q. 7. If it be standing in the Records of the Presbytery Book, (as one of Mr. Jaque's Letters bears) that the Bailyff and others subscribed the Call by the Di­rection of the Principal Heretors; and this be false, as is above related; What Censure does the Presbytery deserve?

Q. 8. If Mr. Jaque's Call to be Minister at Kelso, shall be found to be Illegal; [Page 19] and his carriage since his Entry justly offensive and displeasing to the far most considerable part of the Parish; and little or no hopes that things shall grow bet­ter: Whether, or not ought he to be removed from the place? Many other most pertinent Questions might be here moved; such as,

1. How came this business in before the Commission, since there was no Re­ference made to them, neither by the General-Assembly, nor Synod in the said matter? 2. Why has not the Synod censur'd the Presbytery for so palpable and gross an Enormity? 3. When the E. of Roxburgh and others gave in a Pe­tition to the General-Assembly, complaining of the great Injury done them in the said matter; pray, why was their Petition rejected? Ah, did you not hear this, and the other Brother cry out, Moderator, Moderator; That Petition is not to be regarded; because it comes to us, per Saltum. They ought first to make Addresses to the Presbytery; next to the Synod: and if justice be not done them by these Judicatures; then are they to complain to us. The Presbytery! A com­petent Judge indeed! Is it fit, think you, that he who gave the wound, should determine the Injured Persons satisfaction, or his own punishment? As to the Synod; if we may say it, that Judicature is not much fitter than the other to judge in this affair; For many, if not most of the Ministers, especially the lead­ing Men, cannot free themselves of being Art and Part (as we say) in the mat­ter under debate; otherwise it can hardly be well believed, that they would bear so patiently the Affront and Injury, that is done to themselves in this business. And if you should doubt of the truth of what we here assert, we can point se­veral of the leading Minist [...]rs, that were very active to effectuate the matter un­der present consideration. As to the worthy Gentlemen, the Ruling Elders, we can say little or nothing against them; except that they too seldom keep Diet, which is no small loss to those that have business before these Judicatures. And for the Inferiour sort, 'tis too too well known that they follow the crowd, sel­dom but running in the same line with their leader: What Mass John says, they will not stand much to swear. Now we leave to the Consideration of an indif­ferent person, whether or not the E. of Roxburgh and others concern'd in the Pa­rish of Kelso, had just ground to decline the said two Judicatures in this present Af­fair; and to make their Addresses to the General-Assembly. No reply can be made here; except you say, The business ought first to be tabled at least, if not de­bated before these Courts; and when you found your self lessn'd there; then you might carry it to the General-Assembly.

We Answer, 1. To carry it into the Presbytery, is an act of great folly and madness; for they are all Parties, the very persons that have done the Injury. And, as is above made manifest, the Synod is little better, a great many of them especially these of greatest power and influence, being also parties, and so most incompetent Judges. 2. Make of this thing what you please: 'tis but a little failing in form; there is no real injustice; no injury, or evil done to any person,

It may seem very strange to see Church Judicatures break over all form; yea, and substance too, not regarding material justice it self (as is evident in the pre­sent business) in matters of their own concern; but if other people fail in the least Punctilio; were it but in Form, or some Circumstance; then they cry out, That's intolerable, we cannot win over it, &c. May it not be said of too too ma­ny of them, as our Saviour said of the Pharisees (S. Mat. 23.4.) They bind hea­vy burthens, and grievous to be born, and lay them on mens shoulders; but they them­selves will not move them with one of their fingers. So much for Mr. Jaque's Call.

Now begins hot work; yea fierce and bloody War, as you shall see before we come to an End,

§ 9.

WE shall in the first place suppose Mr. Jaque had a legal Call; for in Truth, Mr. K. did not then know that it was, what it is: The ve­ry next day after Mr. Jaque was Install'd, Mr. K. went to him, and gave him. a particular account of his Circumstances, viz. How it had been the constant practice and custom of the place, past memory of Man, that whosoever was School-Master, was also Session-Clerk, Precentor and Reader, and had 50 Marks out of the Session-Box, besides the Casualities arising from the said Offices: To all which, he by his Call and Contract had right. In short, after some reasoning about the matter, Mr. Jaque said, he wou'd take the advice of his Brethren in the Affair: And thus they parted.

About 2 or 3 weeks thereafter, Mr. K. went again to Mr. Jaque to know his mind in the said business. The Presbytries Advice, said Mr. Jaque is, that you make your application to the Kirk-Session. And thus they parted without speaking one other word. Accordingly (not without the advice of persons con­cern'd, Heretors and others) the following Petition was delivered out of Mr. Ks hand to Mr. Jaque in presence of Two or Three Elders and some other persons in Mr. Jaque's own House, 11th. March, 95.

Mr. Jaque and his Elders, you may be sure, had that day a very deep Con­sultation, stretching their wits to the utmost. And truly it cannot be deny'd, but that Mr. Jaque is a man of a pretty good reach that way. And yet if he and his Elders had no more wit, than their own, it had not been in their power to have stav'd off Mr. K. so long as they did. But, pray, from whence had they this borrowed wit? Be not offended if we tell you the truth.

[Page 21]From whom, but the Father of Lyes; without whose aid such Hellish Calum­nies, as you shall hear, could never have been hatch'd.

§ 10.

THe result of their Consultation was, as follows. The next morning about Eight a Clock they got to the Church, and there kept Session. They had not sit long, when they order their Officer to call Mr. K. without any previous citation or warning. When he came before them; We have consi­dered, says Mr. Jaque your Petition; we desire to see your Testimonials and Contract. M. K. laid down on the Session-Table Testimonials, boaring his Christian beha­viour from his very Infancy to the day he came to Kelso Two very ample Te­stimonials from the Presbytery of Hadinton, where he past his Tryals in order to Preaching; one from Mr. Seton Minister at Lithgo, two from Edenburgh; the one from Doctor Rule, Principal of the College there, and Minister in the Grey-Fry­ars-Church; the other from Monsieur Depon, Minister of the French Congrega­tion. But because this business about Testimonials comes in hereafter again and again, we shall leave it to its more proper place: Only suffer us here to make a short, but no very impertinent digression.

Know then, that Mrs. Kirkwood (whose name is Gelecina Van-Beest) is a stran­ger, descended of honest Parents; her Mother a French-woman; her Father a Hollander, who, blessed be God, is yet alive (1698) and has been keeper of the Magazine of Maestricht about 56. years: Her Brother Captain Joshuah Van-Beest is well known to thousands in Scotland, and has suffer'd not a little for the present Government; was sore Wounded and taken Prisoner at Gillycrancky, and lay long in the Blair of Athole, to say nothing of his Wounds since in Flan­ders.

Now, Mr. K. having come to live in Edenburgh as is abovementioned, and in the Parish of the Grey-Fryars, whereof the said Doctor Rule is Minister, went to him and told, that his Wife was a stranger, and understood French much better than Scots, especially in matters relating to the Principles of Religion: and there­fore he desired, that without giving offence, she might have liberty to go to the French Congregation; and since he himself did sufficiently understand that Lan­guage, and had no proper seat in the Grey-Fryars Church, he crav'd also Liber­ty, that he might go along with his Wife; to which the Doctor willingly con­descended, saying, that it was most proper: And therefore it is, that both the said Doctor, and the French Minister have given Testimonials, shewing M. Ks Christian and orderly carriage. We here return from our Digression and go on to tell you.

That Mr. K. was remov'd, till Mr. Jaque and his Elders considered his Testi­monials and Contract; and being call'd in again, Mr. Jaque spoke to this pur­pose. We have consider'd your Testimonials and Contract; we find you have a Testimonial from the Incumbent, but none from the Minister of Lithgo. M. K. not well understanding the ground and reason of Mr. Jaque's distinction between Incumbent and Minister, waited a little till he further explain'd himself. Then said Mr. K. Pray, Sir, let us not debate or jangle about words. 'Tis nothing to our present purpose, whether Mr. Seton be call'd Minister, or Incumbent. I look on him, and own him as a Minister of the Gospel; call you him what you please; that's not our debate. The thing, you challenge me for, is, that I have not a Testimonial from Mr. Wear; whom you call the Minister of Lithgo. I an­swer; He was not the Minister, while I lived there. A Minister, I shall grant you he was, and preach'd in the Meeting-House there, but I never heard him; not did I so much as once absent my self from the publick place of Worship. And yet after all this, and much more to this purpose, Mr. Jaque (so mighty [Page 22] narrow is his Charity) with the height of Confidence again said, it cannot be, but you were then living in Lithgo, when Mr. Wear had the Church; for I past once that Road, after that he was setled Minister in the Church, and you were then living there. Mr. K. no more doubting of the truth of his own Assertion, than that he was living, reply'd, Sir, What need we thus debate about a business which may be made appear like the Sun in the noon-tide? If I do not Infallibly instruct, that I was living in Edenburgh with my Family many months before Mr. Seton was put from his Church, or before Mr. Wear enter'd to it, I shall be Infamous forever. Or, if you will take upon you (which is the more pro­per way) to prove that I liv'd in Lithgo after Mr. Seton was depos'd, or (which is all one thing) after Mr. Wear got the Church; I shall undergo what Disgrace and Infamy you o [...] any man shall think I deserve. Wou'd not any ra­tional man think that this was enough to have put a stop to any further procedure in this affair? And yet you shall see it again and again brought above board. Mr. Jaque is a man by himself, (Homo perpaucorum hominum) very few in the world, if any, like him. A man of a wonderful temper of Spirit, one that con­demns all, that differ from him; thinks, that every man ought to be of his judg­ment: And so the proudest man under the Sun. He has no Faith, no Charity to give to any that's not of his opinion. The Testimonial given by the Presby­tery of Hadinton, he regards no more than the Turks Alcoran. Mr. Setons in Lith­go is abominable in his eyes. Now, Now, begins Bloody War.

§ 11.

MR. K's Dilemma (viz. that either Ma. Jaque should prove Mr. K. liv'd in Lithgo after that Mr. Wear had got the Church; or Mr. K. was to prove, he was living in Edenburgh with his Family before that time) did not a little Confound Mr. Jaque, and put him to a stand; yet he quickly recover'd himself, and fell on Mr. K. far more briskly, than ever.

What has been your carriage, said he, in former times, we shall not now can­vass: but I'm informed of very strange things, you should have done, since you came to this Country: They tell me that a woman came to your house in this Town, and father'd a Child on you. Mr. K. was not in the least mov'd with this Story; of which you shall have an account within a little. We go on to tell you of a second blow, far more terrible, than the former; a blow indeed, that almost struck Mr. K. dead to the ground.

I am also informed, continued Mr. Jaque, that you being in the House of Sir John Home of Blakader, did struggle so rudely with a young Woman, one of his Servants, that she screek'd and cry'd so terribly, that Sir John came running into the room, and rescued her out of your arms.

With this Mr. K. was so surpriz'd, that he could not well open his mouth, till Mr. Jaque again said, and that with an Emphasis; what say you, to this? I flatly deny it, reply'd Mr. K. whereupon, Mr. Jaque, immediatly desired him to remove. Being call'd in again; The Session, said Mr. Jaque, is so difficulted in this matter, that they have referr'd it to the Presbytery. Mr. K. answered to this purpose: Sir, said he to Mr. Jaque, As to the first of these crimes you have charg'd me with, I am not in the least mov'd; I know certainly the business is a Cheat, and will be found so, if enquired into. But as to this other about the woman in Blakader, I am truly surpriz'd with it. 'Tis to me as if it had fall'n from the Clouds: And tho' I am as certain, as that I live, that I am Innocent in the matter; yet I do not know what Malice may do. And therefore I earnest­ly beg, before you carry the business any further, that you suffer me to go, or write to Sir John Home about the thing; and I doubt not but you shall get satis­faction. This most lawful Request was flatly deny'd; not that they hinder'd [Page 23] him to go, or write to Sir John (for Mr. Jaque bid Mr. K. do in that as he thought fit) but they positively refused to delay the Reference.

§ 12.

NOw know, that before Mr. K. was come out of the Church; yea, while he was yet speaking to Mr. Jaque and his Elders, the last Bell for Sermon was begun to ring, it being a day, wherein the Presbytery was to meet. Sermon ended, the Presbytery meets Immediately, and sits about an hour and an half before dinner. Meeting again after dinner, they sit two or three hours. Mr. K. being neither summon'd, apud Acta (in face of Session) nor any other way; yea, not so much as desired to attend the Presbytery; yet he resolved to wait on, walking all the while in view of the Kirk-Officer. E­very minute he expect [...]d to be call'd in; a Gentleman all that time walking with him was exceeding weary, and often desired to be gone, Mr. K. still pressing him to stay, till either the Brethren came out, or call'd him in. At last out they come; and Mr. K. stepping aside towards them, Mr. Gaudy came up to him. After some little discourse about Mr. Gaudy's Sons, who were at Mr. K's School, Was there any thing before you to day, said Mr. K. relating to me? Yes, answer'd Mr. Gaudy, and we have referr'd it to the Synod, which is to sit Tuesday next. What! reply'd Mr. K. with a frowning countenance. Have you considered a bu­siness of so high a Nature, as Adultery, and Rape, or Force (for so it may be term'd as to my part) and past a Sentence, or Interloquitor thereon by referring it to a higher Judicature without Summoning, or calling the Criminal before you? Let me tell you, Sir, 'tis a very great Act of Injustice. The like has not been done by a Church Judicature to any person whomsoever. Give me but one In­stance in the world. One Crime of this kind uses to depend a Year; yea, may be two, three or four, before you. Wonderful! Lo, here two, that have past both Session and Presbytery, and got into the Synod in one day; yea, perhaps within a few minutes: and all this without Citing, Summoning or Calling the alledg'd guilty person before you▪ Was ever the like done by any Judicature on Earth, till now? No certainly The very Heathens would abhor such a Procedure. The civiliz'd Roman Festus, positively refused to hear Paul 's Accusers, till he was present to answer for himself. Really, Mr. K. said Mr. Gaudy, we had not time to consider all things. You know we have much to do on the Presbytery day before the meeting of the Synod. Suppose it true, you say, reply'd Mr. K. judge you it fit, that a business of so high a Nature should be managed in this fa­shion? Tho' you had sit till night; yea, good part of the night, or appoint­ed another Diet, you had but done your duty. Pray, Mr. Gaudy, Let me rea­son the matter with you, either you duly consider the thing, or not. If you did not; how could you refer to another Judicature a business which you had not duly considered? And if you did duly consider it, why made you a Re­ference, till you heard what I had to say for my self? You did not know, whether I would confess, or deny the Crimes.

Yea, 'tis not possible, the business could be Duly consider'd without the Accus­ed's presence. Well, well, Mr. Gaudy, continued Mr. K. I shall say no more, Exitus acta probat: We'll see what the event will be. And so they parted.

'Tis needless here to make Observes, or to draw Conclusions from the Pre­mises. He must be very dull, that sees not through things so obvious to all that will but open their eyes. And if any thing does not yet appear sufficiently evi­dent, the following parts of this Process will more fully discover it to you. Give us only liberty here to tell you, that, if it had pleas'd the wisdom of the Presbytery to have call'd Mr. K. before them; 'tis hardly to be doubted (un­less all was resolv'd and fixed before hand) but they would have given him [Page 24] time to go to Sir John Home; And consequently all the Trouble, the Clamour, the Mischief and Evil that has follow'd, and may yet follow, would certainly have been prevented, that being the grand Point of the whole Process. But what shall we say? The Secrets of the Almighty are unsearchable, and his ways past finding out. Who knows, but all these things have come to pass to lay o­pen to the view of the World the Craft and Cunning; the Hatred and Malice; the Hypocricy and double Dealing; the Pride and Uncharitableness; the Greed and Avirice; The Ignorance and Folly of Wicked men.

§ 13.

VVE go on to tell that Mr. K's next work was to meet with Sir J. Home, which behov'd to be some time before the sitting of the Synod; otherwise he was sure to be ruined and disgraced forever. His only comfort (under God) was, that such a Worthy person, as Sir John, had a share in the business, by being an Ear and Eye witness of the Action.

After some enquiry, Mr. K. is informed, that Sir. John was in Edenburgh, and to return home that week. To go to Edenburgh, Mr. K. thought he might miss Sir John, and therefore he delays till Saturday, thinking the three days interven­ing three Ages. On Saturday he sends an Express to Blakader, about Twelve Miles distant, with a Letter, shewing the whole matter of Fact, word by word, as Mr. Jaque spoke at the Session Table, and how it went into the Presbytery, and out of that to the Synod. Sir. John was not come home, nor expected that night, being to come the Wester Road; of which Mr. K. being inform'd about twelve a Clock at night, got out of Bed immediately, and wrote a second Letter, send­ing it away with another Express towards Edenburgh, tho' it was the Lord-day. This Letter was in general terms, shewing that there had fall'n out a business of such moment, that unless he met with his Honour, between and Tuesday, he would be ruin'd forever; and that Sir John's self was also concern'd in the mat­ter. This so alarming Letter coming to Sir John's hand at Stitchel, he was not slow to send an Express to Mr. K. and he as ready at command. Being come to Stitchel (the very day before the Synod met; a wonderful Providence) he found Sir John Home and Sir John Pringle his Brother in Law alone in a Chamber, both very anxious to know what the business was. After a few Complements about one anothers health; I sent, Sir, says Mr. K. to Sir J. Home, my Son in Law with this Letter, on Saturday to Balkader; and your Honour not being at home, he brought it back. You may be pleas'd to read it; for it will give you an Account of the business as succinctly, as I can do by word of mouth.

Sir John had not travelled far into it, when he lifts up his eyes, and hands to the Heavens. Sir J. Pringle standing by was astonished, at he knew not what; a meer shadow: but after he got the Leter to read, he found it to be a real Sub­stance. What shall I do for you, says Sir J. Home, to Mr. K.? Shall I write to Mr. Jaque. You may do in that as you think fit, reply'd Mr. K. I humbly desire that you give me something in my custody. And so immediately he wrote the following Declaration, and delivered it to Mr. K.

'Tis necessary here that you know, that these two Worthy Gentlemen above mentioned, came down with Mr. K. from Stitchel-Place to Stitchel Town (a­quarter of a Mile distant) to see Mr. Glen, Minister there, Mr. Jaque's very inti­mate Friend. Mr. K went on his way home; they turn'd in, and gave Mr. Glen an account of all that had past. Immediately, Mr. Glen dispatches Mr. Taylor, his Wifes Brother, with all speed imaginable to Kelso, to acquaint Mr. Jaque with the thing: Mr. Taylor was at Kelso, very near as soon as Mr. K. By good provi­dence Mr. K. no sooner alighted off his Horse, than he met with Sir W. Ker. to whom he shewed Sir John Home's Declaration; which, when he had read; You are [...]ow, says he, as sure as the Bass, and may defy them all, and vex them to boot. But, tell me, continued he, whether or not your business be to come in before Synod to morrow? That I know not, reply'd Mr. K. I am not Summon­ed to compeat before them: Perhaps they may do before the Synod what they did at the Presbytery; they likely will not call me at all; but transmit the mat­ter to the General-Assembly. My advice therefore, says Sir William, is, that you go just now to Mr. Jaque and ask him, whether, or not, the business be to come in before the Synod; and come back and tell me. There were about thirty paces to Mr. Jaque's House, Mr. K. goes strait to his Chamber, and finds him and the said Mr. Taylor very busie; the one hearing, the other narrating what had past at Stitchel: But, as we say, Lvpus intervenit fabulae, Both were struck dumb. Mr. K. without any long preamblet ask'd Mr. Jaque, if his busi­ne [...]s was to come in before the Synod; or if he was to be summoned to compear. To which, getting no answer, he again repeats his words, saying; Sir, I earnest­ly beg of you to tell me, whether or not I am to be call'd in before the Synod: I hope, Sir, you will excuse me for being so pressing, where I am so much con­cern'd: my reputation lies at stake. In short, Mr. K. return'd to Sir. William, and told him, that Mr. Jaque positively refused to answer any such Question. Since, said Sir William, they will not bring in your business before the Synod, you must do it; and the fittest way is by a Petition: which accordingly was done. The Petition being somewhat large, we shall only give you the Sum there­of; which is as follows.

§ 14

Now know, that Mr. K. was not cited to compear before the Synod; which is an Infallible sign, that either the business was not to be brought in at all; or, if it was to come in before them, it would have been con­sidered by that Judicature, without hearing what Mr. K. had to say for himself; which is the height of injustice. By the one he still lay under the Blunder and Infamy of two horrid Crimes; by the other he would have been sentenc'd with­out being heard. Pray, do not mistake us: We say not, that the Synod would have past a final Sentence in the matter. All we aver, amounts to this, either the business was to be moved in Synod, or not; if not, he still lay under the lash of disgrace, and infamy. If moved, he was to be called, or not; if call'd, he ought to have been cited, otherwise he is not obliged to compear. If not call­ed; the Synod would have done something, or nothing in the Affair: if nothing, Mr. K. still lay under the lash of the Tongue; yea, and would have been in a far worse condition than ever; because the report, or news of his Crimes, became so much wider, as the bounds of a Synod surpasses that of a Presbytery, or Parish: And if they did something in the matter; what a name, pray, shall you give that Something? A Sentence, Interloquitor, Dilature, &c. So that, take things by what handle you please, you shall find great injustice done to Mr. K. if not by the Synod; at least by Kirk-Session, and Presbytery. But let us go on to tell, how the said Petition went into the Synod, and what Reception it met with there.

The Synod meeting at the ordinary time, Sermon ended; Mr. Orock, Minister at Haick chosen Moderator; they all go to Dinner. There Mr. K. is almost in every bodies mouth the main Subject of discourse, things being industriously di­spers'd through Town and Country to disgrace him, even by the Kirk-Elders, as you shall afterwards hear; and Wives in Kelso representing matters beyond what Modesty can express. If Sir John Home, say they, had not speedily come into the Chamber by God's good Providence, and rescu'd her out of his arms, he had certainly got his will of her, &c. Most of the Ministers, Ruling Elders, their Servants, Probationers, Chaplains, Country-Dominees (as they call them) and others were all inform'd, both about the Business in Blakader, and the other about the Wo­man with Child: but as yet very few knew any thing about Sir J. Home's Decla­ration. 'Tis not amiss here, you know that Mr. K. was altogether a stranger in Tiviotdale, not one of 10000 having ever seen him, till he came to be School-Master at Kelso; so that people were exceeding curious even to see the Man of whom they had heard much both Good and Evil.

After dinner all did flock to the Church-yard, and stand here and there in Companies, till a Committee, which was then sitting, should rise. Mr. K. hear­ing, that people were very desirous to see him, went out with two or three Com­rades to the Church-yard, his House standing therein. His foot was hardly well over the threshold, when he cry's, and he cry's; There he's; There he's. Whilks he? Whilks he says another? That in the midst, answers the other. Some went found as if they found a Covey of Partridges, looking a squint to see his Face; and re­turning to their Companions, said; You's an old body, no question he's past Fifty; they say, he's a Grandfather, and has a Daughter Married in this Town. 'Tis time [Page 27] he were forgetting such Pranks. Certainly, says another, he has been keen that way, when he was young, who is so forward now, when he's old. Mr. K. overhearing this, said with a smile to those that were by him, The contrary is rather true; He has been saving in his youth, and therefore has the more to spare in his old age. With this all rush into the Church: Mr. K. follows, and not without some difficulty gets through the throng near to the end of the Table, where the Moderator sat. He stood there above an hour, waiting a fit occasion to present his Petition. At last, when they were passing from one business to another, he steps forward to the Table, and without any more complement, says, Moderator, I have a Petition to present to this Reverend Synod, which I humbly crave may be read, and an answer gi­ven thereto. Mr. Semple answers, saying; Moderator, There are many, who live at a great distance, that have business before this Synod; and I think, they ought first to be dispatch'd. As for Mr. K. who lives at the very Church door, he may come in with the last. Moderator, reply'd Mr. K. Far be it from me to seek to be amongst the first. All I crave, is that my Petition may be received, and Recorded as given in. As to the time when 'tis to be read, and answer'd; this I leave to the Conveniency of this Reverend Synod. And Moderator, continued Mr. K. because 'tis a business of very great Consequence, I hope your Wisdoms will pardon me; if I protest, and take Instru­ments, that I have deliver'd this Petition into your hand in order to be read and an­swered. And with that he threw the Instrument-Money up the Table to the Clerk of the Synod. You need not take Instruments, said the Moderator, your Petition shall be read, and an Answer given to it. Moderator, replyed Mr. K. the matter under de­bate is of such moment, that I can hardly be too much concern'd therein: not only my own Reputation, but that of my Posterity is at stake. And what is dearer to a Man, than his good Name? And you know, Moderator, that abundance of Law, breaks not Law. May it please you therefore to suffer me to take this Protestation. We cannot hinder you, answered the Moderator, but 'tis needless; you shall get what you seek Mr. K. overcome with the discretion and condescendency he saw in the Moderator, took back the Money. After this he removed into the Church-yard, till he should be called.

§. 15.

WIthin a very little time, he is called in again to hear his Petition read; the Sum whereof you have Sect. 13.

Next was read the Reference of the Session to the Presbytery, which we shall here set down at large, lest our Adversaries should say, that we wrong them.

§ 16.

HOme immediately he goes, thinking to shut himself up within his Clo­set; but he was by Friends, one after another, who were more kind, than welcome, kept from doing any thing till after midnight. Then falling seri­ously to work; first, to write over the Reference (for he could not do any thing to purpose till he put it into a better dress) and having scarce well begun, poring on it to get it read (for he could not have Michael Fisher, writer thereof, to assist him, as the Moderator had advis'd) and leaning with his Arms upon the Table, the Pen did drop out of his Hand, and he fell sound asleep. 'Tis no wonder; for he had slept little or none in eight days and nights before, being mightily troubled about that Business in Blakader; the Candle all the while burning by him. But at last he awakes with no little astonishment, seeing both Candle and fair day­light. Nor knew he for a pretty while, either where he was, what he had been doing, or what he had to do. And after he had gather'd in his Thoughts, and was, as 'twere come to himself, his Body was altogether incapable to move, be­ing as stiff as a Tree with cold, sitting in a Room without a Fire; his Fingers not folding themselves to hold the Pen. But above all things, the trouble of his Mind and Spirit with the Thoughts of not having sufficient time to prepare Mat­ters against the meeting of the Committee, gall'd him to the very Heart. Have­ing got with some difficulty to his Feet, he took some few turns through the Room, as nimbly as he could, rubbing his hands one against the other, till he got Life again into them. Then falling to work, he scribl'd over the Reference, and made some few Remarks thereon, not so well digested, as otherwise they would have been, if he'd had more time. He kept not a double of the Paper, which he gave to the Committee; yea, he scarcely had time to read it over, after he had written it. The Heads or Scrole thereof, as a Memorandum of what he gave in, he has by him; of which, take this short account at present, and you shall have some more hereafter.

§ 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 Ro [...]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, 'twas 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 liv [...]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 [...]ry L [...]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. 'Tis 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) [Page 34] 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 Ʋncle, who lives about eight Miles from Culross he owes me ten Pounds Scots; if I get it from him, I [...]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 'tis 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 Culr [...]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, [...]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 w [...] 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: 'tis 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 ten or twelve pounds English Money. After fair day light the Judge awakes, misses his Guests, looks up and down the House, wants this and the other thing; his wife upbraids him, not knowing whether to laugh, or be angry at him: He is like to eat off his own fingers, be­ing both Robb'd and affronted. Immediately he hounds out ten or twelve Hor­ses into all Quarters; two along the Coasts, East and West, the rest through the Country: After no little Search they are got lying in a Sheep-Fold about five Miles off, near Dunfermlin; The Jilt big with Child was eased of her burden and as Swamp, said John, as I am. In short, all the Cloaths and Linens were got a­gain, and that Child which they thought was in that Womans belly, was nothing but some Linens, which they had stol'n some days before in a Gentleman's house, who by this means got all his Goods restored. The two Women were carried to Dunfermlin, and after some days Imprisonment, were scourg'd through the Town, and so let go▪ I must further tell you, Mr. K. continued John, if that Woman, whom you have recommended to Judge Couston's Wife, shall happen to go out at [Page 35] door or Window, carrying with her what Goods her hands can fall on, you will [...]e obliged to refound [...]he loss, and be affronted to boot; and let me el [...] you also, there will be very odd work about valuing things, they may call them worth twice as much as their real value: 'Tis true, it will come to their Oath; and yet even that way things may be highly over-valued. Mr. K. heard all this with great attention; and after some deliberation he found no other Remedy to pre­vent what evil might follow; but to go himself and watch her all night: for to bid Judge Couston and his Wife to be wary of her, either they behov'd to shut her to the door; or watch her. By such means he was sure to be affronted, and spoken of by every body; and therefore, said he, I'll rather go to Judge Couston's house, and watch there all night, than run the hazard of being affronted, and may sustain great loss besides. With this out he goes, and into Judge Couston's, the two houses being contiguous, so that he had not above ten paces between door and door. He tells the Judge and his Wife nothing of his Jealousy he had of their Guest, but was very merry with them at a drink of Ale, and a dram or two of Ʋs­quebaugh, or Scots Waters, which truly were as pleasant as hot water to him. In short, the stranger with another young woman ( Brown of Thornidikes his Ladies Gentle­woman, as they say, who very providentially came there that night) go to their Chamber each to a B [...]d, Mr. K. lay in a Chamber by himself; a partition of deals being between his and theirs: so that scarcely a Cat could move, but he would hear.

He tossed and tumbled all night, rising frequently to look to the Doors and Windows. The Gentlewoman, whose Bed was within an Inch of his, told some persons thereafter, that she never knew in her Life such a man: she got no rest for him the whole night, he was always going out or into his bed. Next day Mr. K. takes his morning drink with his Landlord, giving a share to the stranger, after which he goes to the Palace to see the Earl, she made towards her Uncle; and thus they parted till January thereafter, as you shall hear.

The Second Part of the Cheat.
§ 19.

OF the First and Third Parts of this Cheat, Mr. K. gave an Account to the abovementioned Committee, that sat in Sir J. Pennicook's Chamber; but as to this Second Part, (which is by far the drollest of the three) he knew no [...]hing, till he went to Culross in the following vacance, and it making very much for his vindication in the point under debate, he gave a particular ac­count thereof in face of Synod, Oct. 1695.

The occasion of this Cheat, was as follows. The said Judge Couston's Wife has only one Child, a Daughter, her Husband's Step-daughter, he having Married her a Widow, and has no Children by her; this Daughter was Married to Mr. John Mercer School-Master at Culross; who about the beginning of the Revoluti­on being turn'd out of his Office, went to London, and there got an occasion to be Chaplain to a Man of War. Mr. K. (as is above related) taking his Morning drink with the Judge and his Wife, the Stranger also sitting by, enquired, when they heard from their Son-in-Law, Mass John, as they used to call him. We have got no account from him, answer'd the Judge, these four years and more. He wrote a Letter to his Wife, that he had got an occasion to be Chaplain to a Man of War, and was just going aboard; since that time we have heard nothing of him, and therefore we conclude that he is dead: This is all that past on that Subject. Now know, that Mr. John Mercer's Father is a Farmer of very good ac­count, living in Pawmil of Adie in the Parish of Hosway, about six Miles from Culross. The Stranger, or Cheat, not yet fully instructed in all Points and Cir­cumstances necessary for her design, turns a little aside into a House, after she [Page 36] was gone out of Culross, where she gets a full Information of every thing, that might be serviceable to her purpose.

After this she goes strait to Pawmil, and with great confidence enters the house of the said John Mercer; and tells him, she was sent Express from his Son Mass John, who, said she, blessed be God, is safe returned again to his own Country; and is in Edenburgh: The honest old Man's heart warm'd within him, when he heard his Son was alive. She confirm'd all she said with such Tokens, that there was no ground left for any doubt, at last she added; Ay, but I must tell you, Sir, that he is still the old Man: the world cannot make him hold his tongue. Being in com­pany one day, he spoke some things about King James, and the Prince of Wales; for which he was carried to the Cannon-gate, Tolbooth: But, Praise to the Almighty, he wants not good Friends to speak for him; he may come out when he will, if the Good-Man of the Tolbooth, and the Officers were satisfied. He bid me tell you also, that he is not in that Condition you would him, when he comes home to his Friends, neither as to his Cloaths nor Linens; and therefore he desired you either to send him money to buy in Edenburgh, or Cloth and Linnen to make things there. Immediatly the honest simple Man sent to Dunfermlin, and took off Cloth, and what other things were to be had there; and what necessaries could not be got in that Burgh, he sent Money to buy them in Edenburgh; as also to pay his Sons Dues in Prison accord­ing to her Information: Nor did she let him forget to satisfie her self, giving her four Shillings sterling for her pains. All these things were sent, not with a com­mon Servant, but with a Neighbour; one, whom Mr. Mercer thought he could trust: The Woman also went along with this Man, riding forsooth on a Horse like a Gentlewoman. When they were come near to the Tolbooth of the Cannon-gate; Come, says she, Good-man, let us go into this house, and take a dri [...], till I go up to the Tolbooth, and tell Mass John that you are come. Thus both w [...]t into the Ale-House together, and after she had taken a drink or two; Sit you still here Good-man, quoth she, till I come again. Out she goes, and within less than half a quarter of an hour returns with a sheet of Clean Paper in one hand, and an Ink­horn in the other. Ha, ha, Good-man, says she, It will not do. All you and I have both will not fully satisfie the Prison Dues; the Keepers of the Prison are I confess, ve­ry descreet: they are content to take what we have to give them at present, and Mass John's obligation for the rest. 'Tis no great Sum he will be due. He sent me out, you see, to get him Paper, Pen and Ink; and desired I should take into him all the Money we have, with the Cloath and Linens; and he will come out immediately. He has no will that you go into him; lest they seek you to be Cautioner: And when they see what fine things his Father has sent him, it will make them the more willing to take his obliga­tion for what rests. The Country Man believ'd all she said, as his Creed, and thus she went out with her arms full, but forgot to return. After that the poor man had sit, till he was weary; poor indeed, for she had left him nothing; yea, not to pay the Ale and Bread he and she had eat and drank in the place; at length despairing of her return, he with another man went up to the Tolbooth, and ask'd, if one Mass John Mercer was Prisoner there. Mass John Mercer, reply'd the Keepers! We never saw, nor heard of such a Man. Now we leave you to consi­der, what strange thoughts this poor deluded Soul had; how he look'd, what he said when he went home to the old Man; who with his Friends and Neighbours were all expecting and longing to see him, whom they had given over as lost. O what a consternation, think you, would it be to the Aged Father a Widower! What to the Father and Mother-in-Law? But especially to their Daughter, his Wife, who had mourned some years as a Widow; and on a sudden put in full hopes of her Husband, and immediately again disapointed? Posterity will call this a Perfect Comedy, or Romance. If you be curious to know matters more parti­cularly, you may ask the Persons above named.

The Third Part of the Cheat.
§ 20.

JAn. 1693. Patrick Johnston, commonly called Paty Peers, a Fruit-Sel­ler in Kelso, meeting (as is supposed) with the said Woman in Lughton­lon near Dalkeeth, agreed with her for so much to carry her to Kelso. She was (at least seem'd to be) big with Child; yea, so near her time, that he almost de­spair'd to get her out of Lawder, where they stayed all night, he Maintaining her all along the Road, and she assuring him, that she was to receive enough at Kelso, naming this and the other Person, that were owing her. They come to the Gard­ner's house in the Floors (hard by Kelso) about Sun-set on Saturday. Come Patrick, says she, Let us step in here a while, and take a drink: I have no will to go into Kelso till it be dark. And indeed, they say, she took a hearty drink there, Paty paying all. After it was a little dark, he brings her to the House of Nichol Somervale, where all the Whores and Thieves were wont to lodge. In short, having stayed there till Monday, she comes about nine a Clock at Night to Mr. K's door, it be­ing so exceeding dark, that one could hardly see another a Pace distant. Now here lies the stress of the whole business; the very hinge, whereon the ground of Mr. K's Accusation (as to this point) does depend. All the Preceding Passages in the two former Parts are adduc'd upon this head. We shall therefore be a little particular, and as plain, as possible; tho' we cannot represent matters in so lively a manner with Pen and Ink, as they were acted by that subtil Woman. Know then that Mr. K. was returning from Convoying Sir W. Ker to the Boat (the thing fal­ling out that day, wherein Mr. Gaudy informed Sir William of the abovementi­oned Act past in the Joynt Presbytery at Jedburgh in Mr. K's Favour; of which Sect 10. Part 1.) Mr. K. we say, then living in that Lodging, which belongs to William Chatto, Merchant in Wooller, this Woman comes up to him, as he was go­ing to lift the Sneck of his door, saying with a low and feign'd like voice. Ken you me Sir? What are you, answer'd he? Do you not ken me, reply'd she? No, said he. Oho are you? I am sure you ken me; answered she; pronouncing the word Me, with great Emphasis. Mr. K. began to take Pet, and therefore in a displea­sing manner he said; Tell me plainly, Woman, who you are. Do you not remember, answer'd she, and with that stop'd? Remember what, said he? That once you and I cross'd the Ferry from Borroustoness to Culross, quoth she; and how I told you that I had lain long in Prison. Are you the young woman, that was once servant to Sir W. Ker, and carried Letters to My Lord Ballantine, when he was in Edenburgh Castle? reply'd Mr. K. Yes, yes, said she, with a mighty low voice, bidding him, St, or speak low; Yes, I am her, Well, What's your will with me, says he? With this she stopt a pretty while; till he again said, Speak Woman. At last (as he under­stood it) whispering to him; I'm with Bairn, quoth she. Base unworthy woman, answered he, What am I concern'd with that? and immediately left her, and went into his house, and instantly told his wife all that had past. Next morning he went over to Sir W. Ker, and inform'd him of the whole business. She is certain­ly a Cheat, said he; for there's not one true word of what she says relating to me. And so he ordered her to be apprehended, but she prevented that by leaving the Town before day-light next morning, after she had spoken to Mr. K. without taking her leave of her Landlord, or paying one Farthing for her Quarters. Pa­trick Johnston also, who brought her to Kelso, was cheated both of his hire and disbursments, besides his great travel and pains, in making enquiry for her in the English-side among the Midwives, but all in vain; for she return'd that same day back to Smellom, and from thence to Edenburgh as Swamp, they say, as an Eel, and worst of all, cheated Kobert Dickson, Carrier in Smellom. We shall conclude this point by shewing you, that several Persons in Kelso, of good Note have of [Page 38] late inform'd Mr. K. that this Woman was sent to him in a jest by Mr. Pat. Mc-dowgal, then Town-Clerk; but deceas'd before this Plea began. They tell, that he instructed her, how to carry both to Mr. K. and the abovementioned Adam Bog: Such sports, they say, as this, the said Mr. Mc dowgal was much in use to play to many Persons.

Some REMARKS on the Cheat, and Reference.
§ 21.

'TIs no hard task to collect from the Premises, what uncertainties, Falshoods, and Lyes, are to be sound in the above written Refer­rence, relating to this Cheat; of which, take these few. 1. 'Tis most false that Mr. K. confest, that the said Woman did charge him, as Father to her Child; and suppose she had said such a thing, and he acknowledged she said it, what then? 2. He had no such Expression; as, That it was unreasonable to think she could be so near her time, &c. He said, it was not possible in nature such a thing could be, except by way of Miracle; such as that God can raise up Stones to be Children; for there were but three Months Exclusive, since he had seen that Wo­man at Culross: All which things were spoken in Face of Session by way of sup­position only. 3. He said not, she was gone to the English-side, or that she brought forth a Child there; but that some talk'd so: And it was afterwards found, that she was neither with Child, nor did go to England, as the abovenam­ed Paty Peers can attest to his great loss. 4. He said not, that she offer'd the Child to Adam Bog; for she did not speak one word of him, nor mentioned his name to Mr. K. He said indeed, that he heard she had named Adam Bog to some Persons in the Town. 5. Here in the Reference, and all along in the Process, as you will hear, Mr. K. is challenged for not causing secure this Woman.

'Tis answer'd; He us'd the ordinary and legal means by informing, and that with all conveniency the Principal Magistrate of the place; one, who was him­self concern'd in the thing. And certainly, no wise Man would have advised him to fall a struggling with her in the dark under the Cloud of Night; especially considering, that he could prove nothing against her: In such a Surprize, he did all that was incumbent on him. This Challenge, or Accusation for not causing secure the said Woman could not have come so ill from any man on Earth, as from Mr. Jaque: He sees a Mote in his Neighbours Eye, but cannot discern the Beam that's in his own.

We shall pass here that Famous business, which fell out in his house at Biggar, being a thing generally known through the Kingdom; how, viz. He let go one Madam Stones, and English Woman, Cousin, as they say, to his Son's Wife, who brought forth a Child in his house, and that, as the common report went, to his own Son. This Madam Stones, Mr. Jaque did let go out of his house without bringing her before any Judicature Ecclesiastical or Civil; which Affair we shall pass here, tho' it well deserves a severe Touch, being a business accompanied with some very dreadful Circumstances; and give you a short account of a Passage somewhat in Kin to it, but by far more wonderful; if upon no other respect, at least for its Singularity, which fell out in his house at Kelso, July, 1696.

§ 22.

MR. K. is not Ignorant, what some people talk of him; viz. that he makes it his business to seek out all Mr. Jaque's failings: Truly he needs not travel far to get them. Pray tell me, who they are, that speak much to his commendation? Certainly very few that know him. And who knows him not in Scotland or Ireland? As to the foregoing Passage, Mr. K sought it not, it was told him by three or four Persons without being ask'd; yea, it was current through the Town, and had got footing in the Country also, before that he knew: And if things happen to come to his ears, who can blame him if he make use of them, when they serve his turn? 'Tis not his Custom, nor humour to believe Stories and Tales; and if he be concern'd, he narrowly enquires into things before he gives Credit. There's hardly any thing in Nature more unrea­sonable, that they who Calumniate their Neighbour, should be offended, that he takes a legal means to vindicate his own Reputation. And without all Question every man is more obliged to defend his own good name, than another can be to rob him of it; the one thinking he is Innocent, the other not: He that wards off blows, is far more excusable, than he that gives; if he can by lawful means a­void them. Some are so void of all sense and reason, that like little Children, they are angry forsooth, you stand not still, while they beat you. This truly is Mr. K's Case in many Points. But Mr. Jaque fails not to sail all winds to get In­formation against Mr. K. What vast numbers of Letters has he sent through the Kingdom, where Mr. K. has been living? To Edenburgh, Lithgo, Culross, &c.

In Summer 1696, he wrote a Letter to Frazer of Braes, Minister at Culross (a­bout forty Miles distant) earnestly pressing him to make enquiry about matters. Braes, either forgetting or slighting the thing; Mr. Jaque writes a second, and sends it with a sure hand, Mr. Webster, one of the Ministers of Edenburgh, who went to Culross to assist Braes at the Sacrament of the Lords Supper. We need not be solicitous about the return of this Letter; for certainly, if it had been to Mr. K [...]s prejudice; we should have heard of it: and in justice being otherwise, it ought not to be conceal'd.

He wrote also to Mr. Wear, Minister at Lithgo, and got a return, which is clash­ed among the witnesses, and adduc'd against Mr. K. And yet, when he prest once and again, that Mr. Wear's Letter should be produc'd and read in Publick, Mr. Jaque positively refus'd it: Of which more in its place. How many he wrote to Edenburgh, we know not; only we are certain of one, a most Wicked and Hellish Letter, which providentially fell into Mr. K's own hands; and is now ly­ing in Process before the Lords: Of which hereafter. Now let all the World judge what Principle moves a man to be thus solicitous to find out the Failings he Alledges, or Thinks (for certain Knowledge he cannot have) his Neighbour may be guilty of. Pray, can it be any other Principle, than Malice, Envy, or the like? And yet Mr. Jaque and his Elders, to name no more, are mightily of­fended, that Mr. K. (who knows certainly, whether he be guilty, or not) is di­ligent in the use of Lawful means to vindicate himself from their Calumnies. They call him, as you will afterwards see, Litigious, Contentious, Malicious, &c. Pray, consider, that they are still Pelting at him with Libel after Libel; as you shall see in the three following Parts. Poor Man! Does not Nature oblige him to ward off the strokes, as well, and as long, as he is able; for, if he should stand still and receive blows, they would immediately end his days: Or yet, if he should cast away his Weapons (as some of themselves advise him; of which in its place) and betake himself to his heels, he would be also a dead man; for you know the common saying, He that that flyes, takes the guilt upon him. The true and natural Order of things obligeth them first to desist; and by an Infalli­ble [Page 41] Consequence they deserve to be called Contentious, Litigious, Malicious, and not Mr. K.

An Account of the Business in Blakader.
§ 23.

THis being the chief Point in the whole Process must be Discust to pur­pose. If the Kirk-Session had carried this one Article, they had gain­ed all; for Mr. K. would never have appeard in Publick, nor look'd a Gentle­man in Scotland in the Face, if he had been found guilty of such an Abomina­ble Villany.

But, blessed be God, he has come off Scart-free, and eternal shame and infamy has thereby fall [...]n on his Enemies; and that not without, if we may say it, the wonderful Providence of the Almighty, who has so ordered every step of this bu­siness, that they evidently demonstrate to the World what sort of Spirit possesseth Mr. Jaque and his Elders. And that which makes the thing much more remark­able, is, that they themselves are the Discoverers of their own wicked Invention; like the Rat or Mouse in the Comedy, which by gnawing on the wood awakes the Enemy to its Destruction: Terent, Eun. Act. 5. Sc. 7. All this you will clearly see from what follows.

1. You may remember, what a dreadful Crime Mr. Jaque, sitting in Judgment with his five Elders did lay to Mr. K's Charge; viz. That he struggl'd so rudely with a young Woman in Sir John Home of Blakader 's Family, that he made her cry so terribly, that Sir John came running into the Room, and rescued her from him. See Sect. 10 and 11.

2. Know that Mr. Jaque and his Elders now deny, that they said, that Sir John came into the Room, and parted Mr. K. from the Woman; but that Sir John being in his Closet near by the Room, wherein Mr. K. was struggling with her, his stirring within his Closet parted them. See Sect. 14 and 15.

Now, that we may proceed orderly in so material a part of the Process; know that the Point incumbent here on Mr. K. to prove, is; that Mr. Jaque sitting in Judgment with his Elders, said, that Sir John Home came into the Room, and parted him from the Woman, with whom he was struggling. Further know, that tho, it should be supposed, that this is not sufficiently prov'd; which, we hope no indifferent Person will think, but that it is: Yet, grant 'tis not; even in that case Mr. Jaque and his Elders are so far from being innocent in the matter, that instead of one, they become guilty of many most Horrid and Malicious lyes; to pass that, when one wicked Device fails, a second highly aggravates the Crime. The Points therefore, which Mr. Jaque and his Elders ought to make good, are these soar.

1. That Mr. K. struggled with a Woman in Sir John Home of Blakader's Fami­ly. 2. That Sir John was in his Closet near by at the time. 3. That he stirred in it. 4. That his stirring parted Mr. K. and the Woman.

§ 24.

WE return to the abovementioned Point, which Mr. K. is to prove, viz. That Mr. Jaque said Sir John came into the Room, &c. You are to call to mind, when the Reference of the Session was read in Synod, the Moderator asking Mr. K. what he had to say against it, he reply'd, that it was a most Ab­surd, False and Calumnious paper; that there was scarcely a true sentence in it. And particularly speaking about this point under debate, he said, he could refer it to Mr. Jaque and his Elders Oaths, whether or not they said that Sir John came into the Room, &c. Or, whether or not there was any mention of his being in his Closet. Mr. K. further added, that he would refer the matter to the Oaths of the Members of the Presbytery, desiring they might declare, what was the [Page 42] Subject of their consideration, as to the present Point. We shall not further in­sist upon this Argument, but proceed to another; which we do not in the least doubt, but you will confess to be a sufficient Evidence of the Truth under debate [...] Know therefore, that Michael Fisher, one of the Elders and Session-Clerk for the time, writer of the said Reference, and of the words now called into Question; an [...] that at the very moment, wherein they were utter'd by Mr. Jaque, went imme­diately after he rose from the Session-Table into a house hard by the Church to take a Pipe of Tobacco, being, as he said, cold by sitting so long in Session writing very strange things about Mr. K. How he struggl'd with a Woman [...] Sir J. Home of Blakader's Family; and Sir John himself came into the Room where they were struggling and Sundred them. These are Michael's very word▪ For the better Confirmation of this Point; viz. That Michael said, that Sir J. came into the Room, &c. 'Tis most proper that you know these following particu­lars. 1. The Persons, to whom these words were spoken, viz. William Moody Book-Binder, and Marg. Halywel his Wife, known to be two very honest folk▪ and of good esteem, both born in Kelso, and have liv'd therein all their life with­out the least stain; each of them being seventy four Years of Age, and Married together fifty three Years: He the Son of Mr. J. Moody, School-master, Session-Clerk and Precentor in Kelso above forty Years, viz. From 1612, to 1650, a Preacher also of the Gospel, and that frequently at Kelso. 2. Know also, that a minute or two after Michael was gone, it happened that Mr. K. went into the said house, about four or five paces distant from his School; and finding the old Man and his Wife amaz'd at he knew not what, asked them, why they look'd to strangely one to another? We are astonish'd, said they, at the news we have just now heard of you from Michael Fisher; and we know not, whether to be­lieve them or not. You are the Person, who can best put us out of doubt. Af­ter they had repeated, once and again, the said Michael's words, as above rela­ted: This is a matter of great Consequence, said Mr. K. and very probably will come to publick; and you two may be called to declare upon Oath what you heard Michael say in the matter; and therefore, 'tis my advice, that you instant­ly set down in writing the very words you heard him speak: Now, I say, while they are fresh in your memory, that if you should be call'd to depone some Months or Years after this, you may do it with as great freedom, and clearness, as you can do at this minute. Immediately the said William took Pen and Ink, and wrote down the individual words above related; which when he had done, he read them to his wife, both of them protesting most solemnly, that they were clear and ready to confirm by Oath before any Judge the Contents of the said pa­per, whenever they should be call'd. 3. Know that some little time after this, Mr. K. commenc'd a Process against the said Michael; causing him to be Sum­mon'd before the Commisary of Peebles sitting at Kelso, as a Calumniator; and was to have adduc'd the said William and his Wife, as witnesses of the Calumny: But while the Process was depending, William's wife Died. Yet by the good Providence of God, Mr. K. got about thirty six hours before her Death, her most solemn Declaration, in presence of two publick Notars and Witnesses, expresly bearing, as she should answer to God, before whom she was within a little time likely to appear, that Michael Fisher said to her Husband and her, that Sir J. Home came into the Room, and Sundred Mr. K. from the Woman. 4. Know that the said William, has given under his hand some Months after his wives Death, a Declaration before famous Witnesses, attesting the Truth, as above related: All which three Papers are in Mr. K's Custody. We could adduce many other Argu­ments to confirm our Assertion; but we have said too too much in a matter, whch we may suppose to be False; and yet gain this Point with greater advan­tage, [Page 43] than if our Adversaries should grant us all we crave in this present debate.

§ 25.

VVE are here to examine the four above mentioned Points, which Mr. Jaque and his Elders are obliged to instruct. 1. Say they, Mr. K. struggl'd with a Woman in Blekader. 2. Sir J. Home was in his Closet at the time. 3. He stirr'd in it. 4. His stirring parted Mr. K. from the Woman.

The last three of these Points, Sir John did [...]ut off with one Breath: I was [...]at home, said he in face of Synod, Oct. 1695. If not at home, not in his Closet; if not in his Closet, stirr'd not in it; if stirr'd not in it, Mr. K. was not parted by his stirring. These are Demonstrations as strong, as any in Euclide. Now, if any person affirm for certain Truths, four several Points (especially Matters of Fact) and three of them be as false, as Falshood it self, that's without any mixture of Truth in them) is any man, think you, oblig'd to believe the o­ther Point upon their bate word? 'Tis needless to make application in a matter so clear in it self. We only desire by way of Supposition to ask Mr. Jaque and his Elders a few Questions.

Suppose therefore, that Sir J. Home, was then at home; and perhaps in his Closet, tho neither of these be true, but granting so much: Pray, Mr. Jaque, or any of your his Elders, tell us, how came this to your knowledge? Did any of you see Sir John in his Closet, or heard you his voice? Certainly none of you will of dare say it. And further, tell us how you came to know, that Sir John stirr'd. What kind of motion made he? Rose he up to walk, or did he beat on the floor with his foot, or staff, that a servant might come to him? Lastly, how know you that his stirring parted Mr. K. and the Woman? Did he desist as soon [...] Sir John stirr'd, or was it a little after? 'Tis pretty odd indeed, that Mr. K. be­ing upon a very hot pursuit heard Sir John stir, and yet Sir John heard not him struggle and wrestle with a Woman in a Chamber-floor. But, since neither you your self, nor any of your Elders, do so much as pretend to have been Eye, or Ear witnesses to the abovemention'd four Points; it follows by all absolute ne­cessity, that either ye came to know them by the Information of others; or ye your selves are the Forgers and Contrivers thereof: for we think, ye do not lay claim to Divine Inspiration; and for Magick, Sorcery, or the like, we know you will disown. Now if by Information, pray shew us who upon Earth is the Person, Man or Woman, that dare affirm such things. Produce but one single Witness and you shall gain the Cause. But since this you cannot do, have we not just ground to think, and say, that ye are the Forgers of these most Hellish Ca­lumnies? Hellish indeed we may well call them; being invented on design to ruin a Man and his Family: to rob them both of their good Name and means of living. Such horrid lyes are certainly no less odious in the sight of God, than these we call The crying sins of the Land; such as Adultry, Murder, &c. No question, that Lye which Potiphar's Wife made of Joseph, was as displeasing to God, as her Inclination, and attempt that he should lie with her. Mr. Jaque, This you will find close Arguing: Win through it if you can. We defie the Wit of man to find out an Evasion. You, and your Elders think your selves with those of your Gang the only Saints of the place; whereas in effect ye are down right Hypocrites, exactly resembling the Pharisees; against whom our Saviour pronounces so many Woes. They payed Tithe of Mint and Cummin; but omitted the weightier Matters of the Law, Judgment, and Mercy, &c. St. Mat. 23.23. And do ye not the like; if not much worse? Your Elders are sent out on the Lords-day after Sermon to take notice, what person is walking in the fields, and to call them before you for so doing; yea, you cause them challenge poor old rotten wives, for sitting at their Doors upon a Turff, or Stone, to take the benefit of the wholesom air, who [Page 44] perhaps can hardly, without being suffocate, stay within for Smoak, and other sort of Nastiness. And which is yet more remarkable, ye rebuke Women, that sit at Doors with Infants on their knees, tho' they tell you that the innocent Ba­bies will by no means cease from excessive weeping within the house. In plain terms, ye are a stain to your profession, and a great reproach to Christianity. It may be justly said of you, as of the Pharisees in old time; Ye strain at a Gnat, and swallow a Camel. Ye observe small faults in your Neighbours, and sometimes call them faults, that are not; but ye discern not the gross and heinous Crimes, that not only lodge in your own hearts, but often break out to the view of the whole World except your selves

A word to Michael Fisher, one of the Elders and Session-Clerk beside.
§ 26.

MR. Fisher, 'tis a wonder you have a Countenance to look a honest man in the face. You a Recorder of Divine Truths! Yea, much ra­ther a Forger of damnable Lyes. We shew'd you in the former Section three ve­ry gross and palpable ones, without the least shadow of Truth in them, knit up in one bundle; which with many hundreds are now inserted in all the Church Registers of Scotland. But that which we here mainly charge you with, is false and double dealing. You write one thing in your Reference, and tell your Neigh­bour another. In a word, your Pen contradicts your Tongue: your tongue your pen: and both are most horrid and malicious lies. You told two very honest persons that Sir J. Home came into the Room, and Sundred Mr. K. and a Wo­man struggling together. You may know your Dialect, you sounded it accord­ing to our Scots way, He Sindered them. These are the very words which you spoke, while they were fresh in your memory, and as yet warm upon the paper, which you had written two or three Minutes before. Ay but after that you were inform'd, that Sir J. Home by his Declaration had call'd your words a malicious Lye, and consequently, you and your Complices are Malicious Lyars; immediately you turn'd your tongue, and chang'd your pen, laying and writing, that Sir John came not into the Room indeed; but was in his Closet hard by, &c. That you said, he came into the Room, two very famous witnesses have declar'd; the one in a most solemn manner, even as she was stepping into Eternity: the other is ready to swear upon his Eternal Salvation that you said it. Now, Michael, be ingenuous; confess, or deny, as you please, it comes all to one thing: 'Tis but out of the Dub into the Mire, as we say. First you said, that Sir John came in­to the Room, &c. That's declar'd to be a Malicious Lye. Next you write, that he came not into the Room, but was in his Closet near by, &c. Certainly this is a Lye also; for he was not at home. Michael, Michael, this is a sore Dilemma, a very hard Lock you are put to. Take it by what handle you please, it will bite severely. Acknowledge your sin; and first crave God's pardon, and next those, whom you have injured, and advise your Brethren to do the like; especially your eldest Brother, Mr. Jaque, who leads you all by a Nose of Wax into crooked Paths.

§ 26.

THat nothing may be wanting on our part for clearing this Point of this Plea, which has made so much Noise through the Kingdom, we shall here give you an account of that Passage, which they say gave occasion of this calumnious report rais'd against Mr. K. which we do not out of any Principle of Duty, or any other necessary Tye incumbent on us; but rather as a work of Su­pererogation, and to satisfie some Peoples Curiosity.

Know then, that Mr. K. according to his Custom once a year in the Vacance-time, having travers'd the Lothians and some other places of the Kingdom, at last [Page 45] came to Blakader, where he was made very welcome by these two worthy per­sons Sir J. Home and his Lady. After Supper Mr. K. taking his leave of them signified he would take horse next morning, he thought before they rose; and therefore ask'd, if they had any service he could do them in these places he was going to. I will not suffer you to go away, said Sir John, till after dinner. In the fore noon, you and I shall step over to Allan-Bank, and see Sir Robert Stuart. To which desire Mr. K. condescended, and thus they parted that night. Next morning Sir John comes pretty early to Mr. K's Chamber, before he was out of his Bed, saying, I must beg your pardon, Mr. K. I cannot wait on you this day, for there are three or four of my Tenants down stairs pressing me to go tithe their Corns; my Servant that used to do it has got a fall, whereby he has disjoynted his arm. That's a business of Consequence, Sir John, answer'd Mr. K. it needs no Apology. In short, Mr. K. gets up, and within a little is called down to break-fast, Sir John making hast to go to tithe. Immediately after break-fast he takes horse, his Lady and Mr. K. going to the Gate with him. Mr. K. return'd again to his Chamber to take off his Hair, having got a loan of Sir John's Razors. This being done, he goes to put on a clean Cravat, being to visit several Persons of Honour in the Mers. Of all the Cravats he carried from Kelso, he finds one only clean; but so abused and wrinkled, that he could not put it about his neck in the case it was in, and therefore he gives it to one of the Servant-women, desiring, that she would be pleas'd to smooth it, which accordingly she did, and brought it back to his Chamber. All he can remember, that past between him and her, was, that she asking how her Mistress (the Laird of Throgtons Sister, whom she had serv'd in Kelso) and Mrs. Kirkwood kept their health; he answer'd, very well, praised be God, and thanking her for the service she had done him, they parted. Now know that this Woman was of Mr. K's acquaintance at Kelso, having served the said Mrs. Ker, who liv'd about ten or twelve paces only from Mr. K. and to whom he frequently payed visits. Know also, that Mrs. Jennet Home, Sir John's Sister, was all the while in a Closet within the Chamber where they were, unknown to either of them, and heard every word they spoke. Lastly know, that both Mrs. Jennet, and the said Servant flatly deny what Mr. Jaque and his Elders charged Mr. K. with. And thus you have got a true account of this Malicious Calumny.

§ 28.

NOw, since 'tis certain, even to a Demonstration, that there are most Horrid Lyes and Calumnies forg'd against Mr. K in the matter above related; the Question is, who are the forgers thereof. That we may proceed the more orderly in this Point, we shall first lay down these few Conclusions.

1. 'Tis incumbent on all men to endeavour the preservation of their own, and neghbours good name, as far as they can.

2. To forge Lyes to disgrace and ruin our neighbour is a grievous Iniquity, and the more gross they be, and the more publick they are made, the Sin thereby be­comes the more atrocious: The Cirrumstances also of the Persons Injured and Injuring (which in this present case are very considerable) do exceedingly aggra­vate the Crime.

3. That Calumniators be punish'd according to their demerit, is most just.

4. All lawful means ought to be used to find out the Calumnator.

5. He, who knows the Calumnator, is partaker of his Crime, if he conceal him when required to detect him; but more especially, if he brought the Calumny to publick before a Judicature. Since therefore, 'tis beyond all debate that Calum­nies are forged against Mr. K. it necessarily follows, that he ought to enquire who are the Forgers: And certainly they are either the Members of Session, viz. Mr. Jaque and his Elders, or some other persons; or both. If they be the Members [Page 46] of Session, you cannot but acknowledg, that they deserve severe punishment. If they have things by Information, they are obliged to give their Informers, that they may be punish'd conform to their Crime. And (which is by far the most likely of the three) if the Members of Session have been told only a part of the abovementioned Lyes, and if they have added the rest themselves, or have made things worse, than were told them; in that case both are to be look'd on, as for­gers of Hellish Calumnies, tho' the Members of Session deserve the pre-eminence. Now know, that when Mr. Jaque and his Elders are required to give their Infor­mers, they answer; They are not obliged: 'Tis not their Custom. Hardly any thing can be more unreasonable, than this answer; and have more sad effects accom­panying it, as you shall clearly see from what follows.

1. It gives just ground to think, that they are the Contrivers of the said Calum­nies in whole, or part. 2. It implies great partiality; they favour the guilty more than the innocent. Neither do they, as they would be done to. 3. If it be sustained that a Kirk-Session is not obliged to give their Informer, in that case no man can be secure of his Reputation, or Office, if it be in their power to deprive him thereof. For any person, whether a Member of Session, or not, who has En­vy, Malice, Prejudice at his Neighbour; or, who would have himself or his friend, or a relation setled in his Office, may inform the Kirk-Session, or any of its Members against him without fear of being called into Question upon the matter. The Session is not obliged to tell, how they came by such a report. You may safely say; this or the other man is guilty of Fornication, Adultry, Incest, &c. He struggl'd with such a Woman, and had certainly got his will of her, if he had not most providentially been parted from her so, and so. In a word, you may speak of this kind what you please without being challeng'd for it: The Kirk-Session is not obliged to give you up for their Author. Or, you may take a more hid and private way. Whisper into some persons ear, who, you know, will devulge it; That such a man is too familiar with this or that woman, you see them often alone together; you do not like so great familiarity, &c. This is enough to some person. He tells it to two or three more with some little addition. They do the same. Presently it becomes Fama Clamosa. Then the Church takes hold on't; especially if he be a person they may meddle with, or would fain have a hit of. Being Summon'd before them, he craves to know their Informer. We are not oblig'd, say they, to tell you who inform'd us. They adduce for Witnesses, the Informers themselves, contrary to all Law and Reason. And thus an Inno­cent Man may come to great trouble, vast expence; yea, be turned out of his Office, ruined and disgraced, he, and his forever: And the rise and occasion of all this may be, Envy, Malice, Avarice, Revenge, &c. Now there is no way under Heaven left to avoid this, but severely to punish Calumniators. And how, pray, shall we come to know them? Unless you give your Informer, and he his, till we come to the Fountain and Root of all; to him who set it first a work, and by this means you shall come to know the thing from its very birth, or first conception, with all the encrease it received from this and the other hand. And if any person should report a Calumny, and cannot give his Author; perhaps has forgot from whom he heard it; or may be knows his Author, but he denies it; and the other cannot instruct that he said it: This man is punishable by Law. There is no other Remedy in Nature left us to preserve our good Name. 4. If the Kirk-Session be not obliged to give their Informer, this bad Consequence will follow, viz. most Atrocious and Heinous Crimes shall pass without punish­ment. One out of Malice, or Revenge, raises a Calumny on his Neighbour; saying that he is guilty of Adultery, Incest, Bestiality, &c. If you be not obli­ged to delate this man, as your Author, he passes unpunished, and certainly his [Page 47] Sin is as odious in the sight of God, as that which he chargeth on his neighbour. We told you already, that we have ground to think, that that revengeful Lye, which Potiphars Wife made of Joseph, is no less grievious a Sin, than her attempt she made on him to lie with her. And to let the greatest of Sins pass without punishment is certainly horrid iniquity. We might here add, that the not pun­ishing his sin in this life, may perhaps be the occasion of his eternal Damnation in the life to come. 5. It opens a door for people to commit the most Atrocious Crimes without any restraint, having a kind of assurance their sin will never come to publick, they venture on it with the greater freedom. 6. People are thereby deprived of the just and lawful means, whereby they might purge them­selves of the Crime, they are charged with. Who knows, but perhaps it could be instructed, that either the Informer, or the alledged guilty Person was Alibi, (that is some other place) when such a thing was said to be done. An instance of this kind you have again and again above-related; Mr. K. struggling with a Wo­man was parted by Sir J. Home stirring in his Closet near by. A most abominable Lye, said, Sir John in face of the Synod; for I was not then at home. And thus we have shewed you sufficient ground, why you ought to give your Informer. Pray, give us your Reasons why you are not oblig'd to do it? We know none worth the naming. Perhaps ye would say, if ye durst tell it; He is a friend that inform'd us, one of our own Party; He told it as a Secret, and we promised not to bring his Name into publick, &c. The very Heathens will rise up against this wick­ed Generation, and condemn it at the great day. Amicus Plato, amicus Aristoteles, sed magis amica est Veritas. Tho' he be your Father, who inform'd you, he ought to be delated in this Case. 'Tis far better he be punished, and perhaps to save his Soul, than that Truth be supprest, and the Innocent suffer.

§ 29.

WE did purposely omit one very bad Consequence of suffering the first b [...]oacher of Calumnies to pass unpunished, viz. That it gives oc­casion to many thousands of other People, partly to make most horrid Lyes; partly to speak and publish abroad gross falshoods. Lyes, when they add any thing to what they heard; and Falshoods, tho' they repeat only what was told them: And this besides many other effects, that follow hereupon, which we shall hear pass for Brevities sake. Know then that this business of Blakader, with the other abovementioned made a wonderfull Buz through the whole Kingdom, to go no wider. It was in every bodies mouth; almost the only Subject of dis­course, flying from Town to Town like an Arrow; and still acquired more and more vigor, confirming the saying of the Poet.

It was very early set a work. Mich. Fisher, as you heard, as soon as he rose from the Session-Table, run into the next House, and putting a burning Wisp to its Tail, set it off. Nor need you doubt but his Brethren did the like, sending it to all the points of the Compass. Nor was M. Jaque wanting in his duty (whe­ther to God, or the Devil, judge you) writing Letters as you heard, through the Kingdom. That same very day, in which it was before Session and Presbytery (12 Mar. 95.) it flew to Edenburgh, acquiring some strength by the way; or, more likely, receiv'd it, before it left Kelso. In Edenb. it run current, that M. K. was convicted of Adultery, and had confess'd it before the Kirk-Session. But chief­ly [Page 48] that business of Blakader was very strangely represented, far beyond the bounds of modesty. It was said with great confidence, that he was guilty of that horrid Crime of forcing a Woman in Sir. J. Home of Blakader's Family: that he strug­gl'd with her in a most rude and undecent manner, till she screek'd so terribly, that Sir J. himself came running into the room, and with great difficulty got him dragg'd off the innocent Lass. 'Twas not many minutes in Edenb. when down it runs to the Cannon-gate, and into the E. of Roxb's Lodging, where it was so repre­sented, that the Countess blush'd, and the Laird of Drummelier, her Ladyships Un­cle standing by, became pale like the Earth, he having recommended M. K. to the Town of Kelso. From Edenb. it flies to Lithgo, and other places about, with this addition, that Mrs. K. was dead out of grief and shame: so that not a sew in that Country, especially those, who had a singular kindness for him and her, made enquiry about the matter, to know, whether she was dead or not. Nor did this report stay within the Island of Britain; but went over Seas, and paid a visit to both Armies in Flanders. People who know not M. K. believ'd all they heard; and even most of those who were acquainted with him, became a little jealous, things being represented with such confidence, that it made the best of his Friends to stagger, and fear the worst. Mr. K. tho' certainly as innocent as Job in that par­ticular, yet was much perplex'd for 8 days, till he got the above written Decla­ration under Sir J. H's hand. If it had hapn'd, which God in his goodness has pre­vented, that Sir. J. had died in the interim, Mr. K. had been ruin'd and disgrac'd for ever. Or yet, if he himself had by the excess and exceeding great weight of grief and anxiety, which did oppress his Spirit, fa [...]n in [...]o some distemper of mind, or disease of body, which readily might have ended his days; what disgrace and infamy. judge you, would he have left behind him on his own and his Pos [...]eritys good Name? And how, think you, would his adversaries, the forgers and contri­vers of the above written Lyes and Calumnies have triumph'd and rejoyc'd, as if they had done God and their Country good Service by cutting off the face of the Earth such a vile and abominable Wretch, as they would have the World to believe he is? What? did not one openly in the high-street have this unchristian expression, viz. That Kirkwoon deserves to be hang'd over these Shambles, pointing with his hand to the Flesh Marke [...]: And [...] other time that same Person said, It were alms to hang him, speaking [...] Mr. K Now [...]ow, that about 20 day [...] after this person had spoke thus of Mr. K. M [...]. J [...] a [...]n [...]d him with the Di [...] of an Elder, as a Reward of his good Service; and that notwithsta [...]ing M [...]. K. did formally in face of Session object against his [...]ing receiv'd into that Office on the account of the said Expressions, and some other Reasons, as Instruments then taken at more length-bear: Of which Business you will have a touch in the last Part of this Work.

§ 1.

YOU have had in the two former Parts, several very extravagant and wild Passages: But you may assure your self, that you shall have in [Page 49] this and the two following, a great many things very far surpassing all you have yet heard. Yea, we dare promise to shew you some things infinitely beyond, what you are able to conceive in your mind. Infinitely, we mean in its most ex­tensive, and proper significacion. Never, yea never certainly in this world was there heard of such a monstrous, and wonderful kind of Judicature, Ecclesiastical or Civil, as you shall find sat upon the 24th of Sept. 95. Nor were ever any Judges before guilty of such horrid and wicked Crimes; such Illegal, Informal, Unjust, Foolish, and Ridiculous acts, as they committed the said day; of all which you shall have an account in their proper places. Only here we must not omit to tell you, that we are very far from ascribing these wild and exorbitant actings to e­very Member of the Committee. No, no, not the half of them. These worthy Gentlemen above nam'd, with not a few of the assisting Brethren, would certain­ly have abhorr'd to fit amongst the actors of such gross Enormities. Know that there was only one Assisting Brother present at that Meeting. Alas, alas, it has been Mr. K's great misfortune, that Gentleman kept not Diets. Many never came and some very seldom, of which you will now and then have a touch, as occa­sion offers; We now proceed.

The Committee meeting the said ult. of April, pretty frequent, none being ab­sent, except Mr. Semple, Mr. Crock, Sir J. Pringle, Torwoodlie, and Buckam, and yet nothing was done. The reason pretended, was Mr. Semple's absence, who, as you heard, was sent to the Coun [...]ess of Roxb. to see if her Ladiship would be reconciled to Mr. Jaque, by which means all differences might be taken away; this being the chief thing recommended to the Committee by the Synod.

You all know very well, said Mr. K. to the Moderator, what kind of Reception Mr. Semple got from the Countess. How her Ladiship positively refused to ad­mit Mr. Jaque into her presence, tho' several Persons of great Quality were very pressing for it.

M. K. not prevailing by this, further added, that by their not proceeding he still say under the lash of malicious Tongues, and was deprived of the Profits due to him by Contract. This had no influence on them. By the way know, that if her Ladiship had been pleas'd to countenance Mr. Jaque, immediately Mr. K. had appear'd, free of any vice; sound from the crown of his head to the sole of his foot. Many time he had this offer made him, that if he could gain the C. all his sores should be instantly clos'd up. This he told her Ladiship once and a­gain; adding that he was far from desiring her to do any thing inconsistant with her Honour, and the trust her dear Lord had committed to her, whatever might become of him. We return to our purpose.

§ 2.

WHen nothing, that Mr. K. could say to the Committee, prevailed to make them proceed in the Process; that his Appearance before them might not be altogether in vain, he propos'd to them some very necessary Que­stions, and took Instruments thereupon, both in the hands of their Clerk, and of a Publick Notary, in each 4 or 5, the Sum whereof follows.

1. He asked, if they were a Quorum, and what number made one. And if they were, he crav'd he might be formally process'd according to Law, viz. that an Informer, and Accuser might be condescended on; and that other legal Me­thods be taken to find him guilty, or not. If not guilty, that he be absolved, and have the extract of his Absolviture given him.

2. He crav'd, that they might proceed only as to the Points contain'd in the a­bovewritten Reference, and that no other Accusation should be received against him, till these were discust; for he was hearing, that the Members of Session, having fail'd so Grosly in the Main Points of their former Charge, especially in [Page 50] the business of Blakader, which was their Plight-Anchor, were about contriving a new Libel; which they did, as you will hear. He also here protested, that if they should sucumb in their probation, they might be liable to Lex Talionis

3. He crav'd that Patrick Johnson in Kelso, and Robert Dickson in Smelholm, be­ing the Carriers employed by the Woman, who was said to be with Child, and with whom he was slandered; and also, that the other Woman in Blakader might be all cited and examined in this Affair.

4. He crav'd to know, if there was an Act made or a Commission and Power given by the Presbytery, appointing William Christy, or any other of the Elders to Collect the Profits belonging to the Offices under debate; to which he had Right by vertue of his Contract. And also he desired to know, if the said William Christy or any other had made any account of their Intromissions, and to whom; and protested that the said Ittrometters, or Collectors, and their Constituents, whoe­ver they were, might be liable to refound the same, both as to time past, and to come, during their Intromission, and his Incumbency, &c. as the said Instruments at more length bear.

§ 3.

'TIs most proper here to insert a very odd Passage, which gave occasion to the E. of Roxb. to Commissionate some persons to appear before this Committee, or any other Church-Judicature, that might happen to sit and cognosce on this Process, within the bounds of Mers and Tiviotdale, to see that nothing should pass there in prejudice to his Lordship's Right.

Know then, that on the 23d of April (8 days before the meeting of the Com­mittee) Mr. Thomson Minister at Ednim, came to Mr. K's School-door, and cal­ling him out, paid his Brothers School-wages. After some communing, Mr. K. ask'd, when the committee was to meet, telling, he longed exceedingly to have that Scandalous business put to an end. The day is not yet determined, reply'd. Mr. T. You will get notice, when it will be. Mr. K. did not in the least doubt but that it was Truth, which Mr. T. spoke, considering he was Clerk to the Presby­tery, and the Synod left to them to appoint the Diet, and give Advertisement to the Assistants. This fell out on Tuesday, and on Friday thereafter late at night Mr. K. is certainly informed that the Diet was appointed at Ednim, within the said Mr. T's Church at a Visitation there, 8 days before the said Tuesday; and that Letters were sent to the Assistants, shewing, they were to meet the said ult. Apr. We need not make Inferences here from Mr. T's carriage in this matter. 'Tis ob­vious to all the World, that his design was to attack Mr. K. at a disadvantage, viz. to give him as little time, as they could to prepare himself for Battle. Know also, that Mr. K. was told by a Gentleman, who was at the said Visitation, that all the Ministers there present had formally engaged and promised still to ad­here one to another, till they got him turn'd out. We dare not compare this lit­tle Combination to that most horrid and dreadful one mentioned 23 Act. of those persons, who bound themselves by a Curse, not to eat nor drink, till they had kill'd St. Paul. Yet, tho' this in most respects comes far short of that, in some regard it does very much exceed it. That was done by a Rabble of rude igno­rant fellows; This by these who call themselves Ambassadors of Jesus, met in the house of God in order to advance the great ends of the Gospel. As there the Apostles took a most prudent way to disappoint these wicked men of of their Hel­lish design; so here Mr. K. that he might put himself in as good a posture of De­fence, as he could, by the good Providence of God fell upon the following Me­thod; which with the Assistance of the Almighty has been the chief means to car­ry him through the many dangerous Passages of this Plea. As there the Apostle could not have escap'd the fury of that Multitude, without the Assistance of the [Page 52] chief Captain; so here Mr. K. had certainly been swallowed up amongst the midst of the waves, if he had not been strongly supported by not a few most Honourable and Worthy Persons. This you will acknowledge, before you come to the end of this work.

Now, the Method he took was this. That same night, wherein he was infor­med of the two abovementioned passages about eleven a Clock he provides a horse, and having taken journey next morning very early, was at Broxmouth (the E. of Roxburgh his house) before nine in the Morning. He was not long in getting Access both to the Earl and Countess to whom he spoke at large: The Sum whereof relating to this present Affair, was, that the Presbytery of Kelso with the Elders there had already encroached too far on the Earl and other Heretors their right in matters relative to the Offices of School-Master, Session-Clerk and Precentor; and to the Profits thereto belonging, and to suffer them to run on at this rate, would certainly at length not only raze and destroy their Right in that matter; but tend to the great disadvantage, if not to the ruin of the place: For to dis-unite and divide the said Offices, and squander the Profits appointed for the encouragement of the Masters and Teachers of the School, could not but at last produce that effect. And, My Lord, continued Mr. K. This right to present one and the same individual person to all the said Offices, your Lordship and the rest of the Heretors have peaceably possest not only past Prescription (which gives a sufficient right, at least till a civil Judge determine otherwise) but beyond the memory of any man brea­thing. This Right cannot be taken from your Lordship, without the Sentence of the high­est Judicature in the Kingdom, if you please to carry the Cause before them. And, My Lord, I humbly beg your pardon, if I speak yet more freely to your Lordship. Since, I say, you derive this Right from your Noble Predecessors, one after another for many Generations; Pray, My Lord, what will People think, and say, if you let it slip thro' your fingers? Especially considering what sort of Cattle they are, who would wrest it from your Lordship: your own Tenants and Servants, who will triumph over you, when they have gained their point. They have too too much Honour already, in that they dare enter the Lists with your Lordship, and debate for what is not theirs. But should they carry their design, they would become insolent beyond all measure; so that it would become hard for any to live in peace and quiet by them.

And that, My Lord, which makes the thing the more absurd, is, that they are both Judge and Party, by assuming to themselves (B [...]evi manu, forsooth) that right which past memory of man has been lodg'd in your Lordship and your Noble Predecessors.

And turning towards the Countess, he spoke to this purpose. As to your part, Madam, every body does acknowledge, that hitherto you have managed the Earl's Af­fairs, not only to the satisfaction, but to the admiration of all, that hear the same; so that many other Worthy and Honourable Ladies in this Kingdom have taken your Ladi­ship for their Pattern in the managing their Childrens Fortunes. But, Madam, I must take the freedom to tell your Ladiship, that if you sit still, and suffer this Feather to be pluck'd out of the Earl's wing, you shall lose very much, and that deservedly, of your former Reputation. Yea, Madam, 'tis that, which you cannot do. You may not do it. And to use yet greater freedom; Madam let me tell you, 'tis that which you dare not do. 'Tis altogether inconsistent with your Trust; for not only the Earl's Honour and Interest, but your own is at stake: Your Ladiship ought to be called to an account for it, if you use not legal and just diligence in the matter.

In short, a Commission is immediately drawn up, and subscribed by the Earl and his Lordship's Curators, giving power to Gilbert Ker, Brother German to Sir William Ker of Greenhead, and to Allex. Potts, Writer in Kelso, or to either of them to appear before the said Committee, or any other Judicature within Mers or Tivio [...]dale, to see that nothing should be done in the said Process prejudicial to [Page 52] the Earl's Right. Which Commission was pesented to the Committee by the said Allex Potts, and Instruments taken thereupon ult. April, abovementioned. He protested also that the said Dilature of the Committee, or any other Dilature to be made by the said Judicature might no ways pre-judge, or impede the Earl of Roxb. and his Curators, and other Heretors concern'd in the Parish of Kelso; or Mr. K. or others in their names to prosecute a Declator of the Right of Presenta­tion to the said Offices; and for the Emoluments, Casualities, and Perquisites thereto belonging, not only as to By-gones, but in time coming, as the said In­struments at more length bear.

Thus you have got a brief Account of what was done before the said Commit­tee, ult. April 95. Only rests a little Passage, that fell out that Evening, of which you will have a touch or two hereafter, referring you back to this place.

The matter is this: Mr. K. being desirous to meet with the said Mr. Thomson, waited till he went out of Town homeward; and then did cast himself into his way, and Convoy'd him more than half a M [...]le. They commu­ned on several heads. At last, We hear, said Mr. Thomson, You went to Brox­mouth on Saturda to see the Countess of Roxb. Yes Sir, replied Mr. K. you sent me thither. I sent you! What mean you by that, said he? Your carriage towards me, cau­sed me to pay that visit, answered Mr. K I do not understand you, replied Mr. T. I shall then be plain with you, said Mr. K. You know, Sir, that this day eight days at my School-door, when I ask'd you, when the Committee was to meet, you said that the day was not yet condescended on; tho' you knew it was done eight days before; and that at a Visitation in your own Church. Well, Well, Mr. T. you thought to have surpriz'd me, but by the good Providence of God, I am thereby in a better posture of defence than I was. What was design'd for my hurt, tends now to my advantage. Mr. T. you may be sure, being not a little damp'd with these words, at last said, He knew not, but the Presbytery might alter the Diet. Yes, Yes, replied Mr. K. and write Letters De Novo to the Gentlemen: For all the Assistants were advertised by Letters seve­ral days before Mr. T. and Mr. K's first communing. And supp [...]se, added Mr. K. you thought that perhaps the Diet might be altered; this was no ground to say that it was not yet Condescended on, when the Committee should meet. And thus they parted without much Complement. Now know, that one Mr. Jo. Dawson in Harpertown, now a Preacher, was present, and heard all that passed between Mr. T. and Mr. K.

§ 4.

MAy 1695, the Commitee meeting again this day, after a very long con­sultation, sent their Officer for Mr. K. and desired to bring him in pri­vately at a back door; which Mr. K refused to do, saying, he was not ashamed to go in at the publick Entry. You are to take none with you, said the Officer. I must go with him, said Mr. Potts, by vertue of my Commission. I am forbid to suffer you to enter, replied the Officer. If I be hindred to go in with Mr. K. answered Mr. Potts, I will protest and take Instruments that the Earl's Commission is rejected by this Committee, tho' received by the former. After some debate he was permitted to go in.

We have sent for you, Mr. K. said the Moderator, to enquire, whether, or not you have acquainted the Countess of Roxb. with your Affair by Letter or other­wise. Moderator, answer'd Mr. K. Mean you before Mr. Semple spoke to her La­diship or since? Before I spoke, replied Mr. Semple.

Moderator, said Mr. K. before I give an Answer to your question, be pleased to know, 1. That I was certainly informed that her Ladiship had got an account of my business, and that very much to my disadvantage; viz. That I was convi­cted of Adultery, and had confess'd it in face of Session. As also, that Sir John [Page 53] Home had come into the Room upon me, while I was struggling with one of his Servant Women, and that I certainly would have forced her, if he had not by Providence come quickly into the Chamber and parted us. This the Countess did know the very day, in which the business was before Session and Presbytery; at least soon the next Morning. 2. Know also that I was not only desired, but ordered by a Person of Honnour, who was concerned in the business, to give her Ladiship a true account of the whole Affair; which accordingly I did by an Ex­press a day or two after the sitting of the Synod. Immediately Mr. K. was remo­ved, and being call'd in again, was told there was no more to be done that day; and that he should be advertised some days before the next meeting. He told the Moderator plainly, that he thought he had just ground to be dissatisfied with their Proceedure. They did nothing the former Meeting, because Mr. Semple was absent: and now when he is present, 'tis all one thing. There are several of our number absent, answered Mr. Semple. If you never proceed, replied Mr. K. till you be all present, that may be Ad Graecas Calendas, or Nevermas: and so I must live and die in disgrace, and infamy. And therefore, Moderator, I pro­pose again to you the same Queries, which I had in the former Meeting; viz. Whether, or no, you are a Quorum, and what number makes one, &c. These, are very pertinent and necessary Queries. I earnestly desire to be satisfied in them. When nothing, he said, could prevail with them, he again protested, and took Instruments, as he had done at their former meeting. You shall hear in its place, what a strange and wonderful kind of a Quorum pleased them, viz. one single Assistant; and only one, at most two Members of the Presbytery. It seems they were waiting for such a Catch.

There rests here a very remarkable passage, which may be of great use, as to Mr. K. all along this Process. 'Tis as follows. Moderator, said Mr. K. I hum­bly crave to know, Whether, or not, that Query you put to me, when I was first called in, and my Answer thereto, be recorded. Yes, answered the Moderator, both are recorded. Then said Mr. K. you must excuse me, Moderator, if I de­sire that, what you have recorded may be read to me. This was positively refu­sed, esepcially by Mr. Semple, who, as we told you, is Instar Omnium. Mr. K. press'd hard to have it done, using many Arguments for it; particularly telling them, how much he was wrong'd by recording things amiss before the Kirk-Session, which made him always jealous thereafter. Nothing he could say, did prevail with them. Now, we leave to the World to guess, what could make the Committee refuse to grant so lawful and innocent a Request. Either they had faithfully recorded the matter, or not. If faithfully; pray what evil was there to let Mr. K. hear it read? If not, it was a great Act of Injustice done him.

'Tis good he is not obliged neither in Law or Reason to stand to what they re­cord.

§ 5.

AƲG. 20 1695. On which day Mr. K. being call'd in before the said Committee, was told, he was to have a Libel given him, to which he was to make an Answer in writing against that day eight days; and to receive on the said day a list of witnesses; and the Libellers to answer that day fourteen days being the third of Sept.

He answered, that his Scholars being to get the Vacancy on the 23d. then in­stant, he had appointed to meet with some persons at Edenb. on the 26. of the said Month about business of concern; and that some of these were Persons of Honour, whom he might not disappoint. And thus not without great difficul­ty he got the business delayed till the 10th of Sept. Now pray tell us what you [Page 54] judge, could move the Members of the Presbytery, and a few of the Assisting Brethren, push'd on by Mr. Jaque and his Elders to be so pressing, that the Com­mittee should sit in the heat of Harvest, and that weekly, and yet were so slack; yea, did nothing April, May, June, July, till the 20th of August. Certainly thought they, Gentlemen, and some others, who are (we will not say Indifferent in the matter) but Ʋnwilling to be Judges in this Process, will not meet in the Harvest, especially living at a good distance. And it was so indeed, the Presby­tery (a wonderful Presbytery, as you shall hear) and one single Assistant did what they pleas'd on the 24th of Sept: then next. They then laid the foundati­on of a most unjust; yea, rather of a black and hellish Sentence; for in effect, as you will see in its place, they fetch'd a Coal from the lowest pit of Hell to be its Ground-work.

Sept. 10th 1695. This day Mr. K. receives a Libel, and is appointed to give in his Defences, 17th of the said Month.

§ 6.

SEpt. 17, 1695. Now at length the Work begins to go on very orderly; for Mr. K. had hardly well given his Defences out of his hand, when he receives them back, that he might read them in order after every Article of the Libel, Mr. Thomson, Minister in Ednim, and Clerk to the Committee, first reading on Article, and then Mr. K's Defence, both you may be sure, with as great Ma­jesty, as they were Masters of, in presence of a vast number of People; most part whereof, now and then, lost their Gravity by bursting out into a fit of laughter, which did put the Actors frequently to a stop.

You have the Libel here word by word, as it was given into the Committee; and also Mr. K's Defences, or Answers, as he delivered them, except perhaps where there is a necessity to make some alteration on the account that mention is made of the said matter elsewhere. We have thought it also not amiss here (for it was not then done) to subjoyn immediately after the Article and its De­fence, or Answer some Remarks, or Explications upon such words and Expres­sions, as seem not so clear, as we judge necessary; or at least we shall refer you to other places, where you have these things more fully discuss'd, giving you for your direction Letters, A, B, C, &c. inclosed within a Parenthesis, or two crook­ed lines, thus (A.)

§ 7.

ARticles exhibited to the Presbytery of Kelso with Assistant Members of the Synod upon the 20. day of August, 1695. by William Christy, J. Laidly, Mich. Fisher, Jo. Thomson, and Ja. Thomson, Elders, against Mr. Ja. Kirk­wood School-Master there.

A Preface, or Preleminary Discourse given into the Committee on the said 17 of Sept. by Mr. K. being prefixed to his Defences.

Mr. K. humbly craves of the Reverend Members of this Committee, that be­fore this Additional Libel be entred on, the two chief Articles stated before the Session, Presbytery and Synod may be first discuss'd; and that the other Heads contained in his Instruments taken before this Committee ult. April last by past, be considered, and Answers given thereto. And further, he humbly craves, that it be shewed him, by what Warrant this Committee can take upon themselves to Consider and cognosce any other Crime, than what was stated before the Sy [...]od, especially, seeing many of the Heads of this Libel are civil Matters, and there­fore fall not under the Inspection of this Judicature. Yet, tho he Judgeth him­self no ways obliged to answer any other Article, till these two be first discuss'd, lest he should be thought altogether refractive in this matter, he humbly offers the following returns to what is further laid to his charge; and begs liberty to [Page 55] premise, that where some of these Articles, at least many Points and Branches thereof, are in general terms, it must not be expected that particular Answers can be given, till particulars be condescended on. Neither can every little Branch or Twig sprouting from the main Articles receive proper and particular returns: By that means this work might encrease to a Volume.

Article, 1. That in his Petition to the Synod, he doth most slanderously re­proach the Session of the Church of Kelso, as guilty of forging Hellish Inventions to divide and break his Family, in pretending several most uncharitable and ca­lumnious Defamations, and Immoralities, that he was guilty of; and that by the Proceedure of the said Session, his Family sustains great Scandals: for which it is humbly conceived they have given no ground, either by their Reference to the Presbytery of his Affair, or any other way.

Answer, This he denies and oppones the (A) Petition, craving it may be pro­duced and read. That Hellish Calumnies are forged against him; he said, and still does say, laying at the Kirk-Sessions door to give their Informers; other­wise he must be pardoned, if he look on them as Contrivers thereof.

Remark, (A) ‘The Sum of this Petition you had Sect. 13 Part 2. And you are to have a large Account of a very odd Passage relating thereto, Sect. 21 of this Part, and a touch also of it, Sect. 16, Part 4.’

Art. 2. That he did publickly in the face of the Synod charge all the Elders of Kelso to be his Enemies: For which, 'tis humbly conceived, they never gave him just occasion.

Ans. The Circumstances of this being considered, no man will blame him for saying the Elders were his Enemies. Mr. Semple frequently abovementioned tel­ling the Moderator, that the word of the Elders was to be taken in a matter rela­ting to the Records of Session. No, reply'd Mr. K. for they are Enemies; that is, Parties, Opposites, or Adversaries. A very common Expression at such occasion.

Art. 3. That he denied openly before the Synod, what he had owned, and confess'd before the Session Judicially, and is Recorded in their Register; where­he appears to be unfit for humane Converse; much more for a place of such Trust, as Clerk to a Church-Session, or Precentor.

Ans. This he flatly denies. All he spoke in face of Session, he adheared to be­fore the Synod. What they Recorded, he knows not; it never having been read to him. And can instruct their (A) Recorder, one of his Accusers, wrote at the Session-Table, and Subscribed one thing with his hand, and spoke with his tongue the contrary within a few minutes thereafter in a matter of present agitation. Neither Law, nor Reason oblige him to stand to what they Record; unless it be (B) read to him, and he subscribe the same; especially in matters of so high mo­ment, and where he has just ground to suspect the Recorder and his Complices.

Kem. ‘ (A) Michael Fisher, of whom and this Affair, Sect. 24, Part 2. (B) We told Sect. 4. that this present Committee flatly refused to read a Passage which they had Recorded. This can be instructed by many Famous Witnesses.’

Art. 4. That he hath no Testimonials from the Kirk-Session of Lithgo, where he resided many Years, and for some time, after Mr. Wear was restor'd to the Church for which reason he is not capable to be precentor, or Session-Clerk in Kelso, it be­ing required by the 13 Act of the Gen-Assembly against Prophaness, that all per­sons, who remove from one Parish to another have sufficient Testimonials; much more Persons, who lay claim to such an Office.

Ans. Here are several Points pretty considerable.

1. He brought no Testimonials, say the Libellers, from the Kirk-Session of Lithgo, where he resided many Years. (A) 'Tis answered; He has one from Mr. Alex. Seton, Minister there all the time of his abode in that place, being 15 years: [Page 56] which Testimonial was thought sufficient by the Ministers of Edenb. where he re­sided two years and an half, and brought from that City two sufficient Testimo­nials; one from Doctor Rule, in whose Parish he liv'd: another [...] the (B) French Minister, whose Auditors he and his wife were during the time he aboad in Edenb.

2. He resided in Lithgo, says the Libel, for sometime after Mr. Wear got the Church. This he positively denies; and confidently (C) affirms, that he was re­moved with his Family to Edenb. (D) many Months before Mr. Seton was put from his Church, or Mr. Wear entred it. What should move Mr. Jaque and his Elders thus to press this point, Mr K. cannot imagine. In face of Session (12 March 95.) Mr. Jaque enquiring for a Testimonial from Mr. Wear; He was not Minister in Lithgo, answer'd Mr. K. in my time. That cannot be, reply'd Mr. Jaque for (E) &c. After some discourse on this head; Sir, said Mr. K. There's no need of any debate about this Affair. If it can be instructed, tha [...] I did reside in Lithgo for some time, after Mr. Wear, got the Church, I shall take with all you lay to my Charge. And thus ended that debate before the Session. Yet it came in again in their Reference; and now the third time in this Libel. Mr. K. has no will here to descant on Mr. Jaque and his Elders their uncharitableness in in this matter; only seeing, Affirmanti incumbi [...] Probatio, (He who asserts a thing to be so or so, ought to prove it) he desires that they prove, that he re [...]ded in Lithgo for some time after Mr. Wear got the Church; which if they do, he hereby obligeth himself not only to take with all the Crimes contained in this [...]bel; but also to give for the use of the Poor ten Thousand Marks Scots (F) providing Mr. Jaque and his Elders, or any one of them will engage for the like S [...], if they succumb in their Probation.

3. Here's an Act of the Gen. Assembly, 1694, cited to oblige a man to perform a Duty, 1689. A strange Hysteron protron, Jannus-like, with an eye in its Neck, looking backwards 4 or 5 years. Mr. K. humbly begs, that he be not miscon­strued, as reflecting on the Act it self. He only craves liberty to wonder at the Policy and Art of the Libellers, who have turned its face backward to make it point at his failings or 5 years before it had a Being. They resemble themselves in every thing. This is of the same nature with the [...]est of their prepostrous Accu­sations; for should one throughly consider this whole business, he will find all these pretended Crimes Double fac'd; the on looking to time pa [...], the other that to come. Is't not a wonder to see a man punish [...]d 3 or 4 years before the Crime be committed? This is truely Mr. K's Case. He has been kept from the Offices under debate, and from the Profits thereof these 3 or 4 years for [...]aul [...] supposed to be committed of late. Is not this first to hang a man, and then sit on his As­size? 'Tis as absurd, as if a Master should whip his Scholar this day for a fault, which perhaps he may commit ten days after this.

4. The Session of Kelso ought not to enquire for a Testimonial from Lithgo, but from Edenb. for that is to act Per Saltum.

5. Suppose there had been need (as there was not) of more Testimonials, they ought to have given him a competent time to procure them; and not in a minute or two (G) hurle him out of the Session into the Presbytery; and as soon out of that into the Synod.

Rem. ‘ (A) See Sect. 10, Part 2. (B) Said, Sect. (C) Mr. K. is as certain of this, as that he lives; at least as he can be of any thing of that nature; 1. By the date of Instruments taken the very hour he left Lithgo. 2. by the date of the contract of his Lodging at Edenb. besides a hundred other infa [...]ble Eviden­ces. (D) 7 at least, Mr. K. removing with his Family in March, 1690, Mr. Seton was deposed Sept. thereafter, as Records can Attest. (E) See Sect. 10, [Page 57] Part 2.’ (F) This and this only put the Libellers to Silence. (G) See Sect. 11 and 12 Part 2.

Art. 5. That Fame about the Woman with Child sprung from his own mouth, and divers other Circumstances, which he himself hath confess'd to divers per­sons; and hath never used means for his purgation, suffering the Woman to go without using means to secure and prosecute her.

Answ. He acknowledgeth that this slowed partly from himself, partly from o­thers. That he used no means to secure the Woman, is false, as the Magistrates can attest. He refers what further he would say on this Head to the account he gave to the Committee, which sat in the house of Robert Ormston abovementi­oned, Sect. 15, Part 2. See Sect. 18, 19, and 20, Part 2.

Art. 6. That the Fame, about his Carriage towards the Woman in Blakader, (A) sprung from the Womans Declaration of it in this Town before several Wit­nesses, who are ready to testifie it.

Answ. This is the main and chief Article, being no less, as to Mr. K's part (had he not been prevented, as they pretend) than one of the Crimes of the Crown; and therefore he most earnestly begs, it may be well considered and canvass'd to the full, and legally discuss'd, referring to what he said about it in face of Synod; and to what he wrote by the Synods order concerning the Re­ference; which he gave in with the Reference being written and Subscribed with his hand, to the Committee appointed to meet next morning for that end. He desires also that the Woman in Blakader (B) be judicially examined before him; and that her Letters to Jo. Brown, (C) William Jordain Merchants, and Ja. Grieve a Glover, might be produced, if extant; and if destroy'd, that the Persons be summoned to Depone about the Contents of the said Letters.

Rem. (A) ‘Tis a most horrid Calumny put on that Woman in Blakader (and consequently on Mr K. also) to charge her, as the Author and forger of that dreadful business, of which you have a large account, Sect. 23, Part 2. Her Letters to the Persons here named are a clear Demonstration of her denial. Nor is this unknown to Mr. Jaque, for the said Jo. Brown shew'd him the Let­ter, which she wrote to him; as he did to many others, particularly to Mr. K. And certainly it was great injustice done that Woman, and a thing contrary to the Laws, and Practise of this Kingdom to Summon witnesses to depone upon that Point, and not to cite her to hear them depone: who knows what she had to object against them? (B) Mr. K. did by way of Instrument crave that this Woman might be cited to appear before Synod or Committee, in re­gard she knew the matter under debate, better than any other whosoever: But this was never done, nor her Letters produced; which is a certain evidence, that what was depon'd relating to her, was false and calumnious. (C) This J [...]rdon (now dignified with the Office of an Elder) is the Person, who de­pon'd against the said Woman, and inform'd the Session about the matter: So that he was both Thief and Marshal, as we say; Informer and Witness, which is contrary to all Law and Reason. He is also one of the Persons, who [...]urk'd within the Church, while his Servant Maid and others depon'd, which thing Mr. K offer'd to instruct in face of Synod, Oct. 95. He lurk'd, we say, but not [...]o all the World; for Michael Fisher, one of the Libellers, and the Kirk-Officer gave him and some other Witnesses this sinful Toleration; but thrust to the door others, that ought to have been there. This was done on the grand and solemn day, 24th of Sept. of which in its place.’

Art. 7. That his Principles published [...]o the World in print are such, as (it is humbly conceived) render him uncapable of any Office within this National Church: As that it is (A) Indifferent to hear Presbyterian, Episcopal, Papist, [Page 58] Turk, or Heathen, which smells rankly of Nullifidianism: And that the Govern­ment of the Church is Ambulatory and indifferent, left to the Wisdom and Discretion of Superiors, to be disposed of as they judge convenient; and that the (B) external Policy of the Church is indifferent, and to be disposed of by the Powers of the Land, which sa­vours greatly of Erastianism, if not Hobbism.

Answ. Before any particular Answer be given to this Article, 'tis not only per­tinent, but most necessary here to shew to what hight of Presumption and In­solency the Elders of Kelso are arrived, who being 5 Men of very mean Capaci­ty, and altogether illiterate, not one of them knowing to Decline his own name, dare call into Question a Business; at least a Printed Paper, being an Information of that business, which has pass'd the two most Supream and Soveraign Courts within this Kingdom: A Cause Hactenus judicata, and determined in Mr. K's favours; his Adversaries not only baffl'd, and affronted, but personally Fined; their Provost denounced Rebel and Fugative: that Printed Paper answered to the full in Print by the greatest Lawyer in this Nation, Sir James Stuart, His Maje­sty's Advocate; replyed to again in Print, by Mr. K. Copies of all three disper­sed amongst the Lords of Privy Council; the Cause warmly debated, Pro and Con, in a frequent Convention: And yet after all that, the Lord Advocate and others could say, either as to the Cause it self, or any harsh and unbecoming Ex­pression (for his Lordship did not fail to seek out any thing amiss of that kind, as is to be seen at the close of his Answers) Mr. K. was assoil'd from every Punctilio in that Paper, as Records can attest: Ay, but the Elders of Kelso can soar high­er, or rather dive deeper, than all the great Wits in Edenb. They discern in that Paper gross Faults; most heinous and horrid Crimes; Crimes, that ren­der Mr. K. uncapable of any Office within the Church. My good Lord Advo­cate, notwithstanding all the Evil he found in Mr. K. or his Papers, yet feared not to commit to him the care of his only Son. But these Elders will not suffer him to stand at their Kirk-door, and officiate as Beadle. Poor Kirkwood, whose work it has been these two and thirty years and upwards, to teach Noble and Gen­tlemens Children, must now, it seems, in his old days keep sheep on some Hill side. But pray, what be these horrid Crimes found out in that Paper by the El­ders? Lo, three all in a Knot; Erastianism, Hobbism, and Nullifidianism; (C) Words their Elders no more understand, than the Seat they sit on; which some, no very wise man, certainly with great pains, has instill'd, not into their Judg­ments, but Memories: as if they were Parrots; for should this proceed from themselves, it could not be believed they spoke, but a Spirit within them. To conclude this Passage, Mr. K. does not in the least doubt, but the (D) Lords of His Majesty's most Honourable Privy Council, with the Lord Advocate, who are concern'd to defend their own Acts, will protect him from the Malice of all his Enemies, and punish them according to their Merits.

§ 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. 'Tis 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 'tis impossible to evite Tautologies. There's a necessity to speak of them here; and 'tis hard to get by them there. 3. 'Tis 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 [Page 71] 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 so lively before your Eyes, that, unless you wilfully hood-wink your self, it shall not be in your pow­er to pass them undiscern'd. We shall therefore first, give you a short Touch of the Judges; both as to their Number and Qualities: In the next place, we shall speak of the Matter, or Subject of their Consideration; and the way or manner of their Procedure.

The manner of their Proceedure.
§ 9.

YOu are not here to expect a full and exact account of this Business; For, tho' we had a mind to give it you, 'tis not in our power to do it, because they refuse to give an Extract of the Depositions, tho' [...] Act of Parlia­ment obligeth them to it: and you must know, that neither Mr. K. nor any in his name were present to hear the Witnesses depone, in regard he had appeal'd from that Judicature, and so could not attend, lest it might be prejudicial to his Appeal. Nor were Neuters, or indifferent Persons suffer'd to stay within the Church to hear or see what was done amongst them (tho' Law requires that at such times there be Patent-doors;) and yet many Witnesses were permitted to hear their Fellows depone. In a word; all things were turn'd Topsie-Turvy; the very Nature and Order of matters quite inverted; these thrust out, that should stay in; and these kept in, that ought to be turn'd out. Tho' we can't give you a perfect account of things, yet we hope we shall be able to let you see a suffi­cient Sample, whereby you may have more than a Conjecture of these things you see not; for you may be sure all are of one Stamp.

1. Then know, that after Mr. Boid, their Moderator, a very knowing Man, and of great Experience in matters of Discipline, had left them, all things went into Confusion. They kept no Order, no Method, had no regard to the Articles and Words of the Libel, but run on super Inquirendis; in general terms, any thing that Witnesses had to say, or were pleas'd to tell concerning Mr. K. Which me­thod is reckon'd one of the Grievances of the former Reign, and represented to His Majesty as such, and given in by the Convention of States, 13 Apr. 89, with the Claim of Right. 2. The Witnesses depon'd on Hear-say: Yea, double Hear-say; as Paul said that John said, he heard Peter say: and this without con­fronting one with another; which thing the Synod found to be a fault, as shall be shew'd in its place in a Business about Bessy Thomson, Sect. 29, where you will see a very remarkable Passage, and a warm debate between Mr. Semple and Mr. K. By the way we must tell you, if Sir Jo. Pringle of Stitchel, had been pre­sent at this Meeting, as he was at the other two, when the said Bessy was call'd [Page 75] in, certainly things had not been carried on after that manner they were done. And if he had been advertis'd, he would have come, as he himself declar'd. And when he heard that Witnesses were examined with close doors (to say no­thing of many other much grosser Acts of Injustice) That one, said he, is enough to anul all they have done. It seems, the Brethren had no will that so knowing and just a Person, as Sir John is, should sit amongst them, otherwise they would have given him advertisement. And, since they did it not to him, who lives so near, even almost at Mr. Glen's door, how much less, suppose you, would they do it to those who live at a distance? 3. The Judge himself prompted and push'd on the posterior Deponent to confess what might confirm the deposition of the Prior; and that by plainly telling him what the Prior Witness had depon'd, on purpose certainly to make him depone the same. Lo the Equity and Indif­ferency of a Judge! Yea, much rather the hight of Iniquity, and downright Partiality. 4. Things depon'd, which made for Mr. K. were not recorded, be­ing either altogether omitted, or not subscribed by the Deponent. 5. Witnesses that had already depon'd, sat at the Table with the Judges, and not only mar­r'd, but debated and disputed with other Witnesses, while deponing, bidding them do this and the other thing: particularly, Mr. Jo. Taylor, Brother-in-Law to Mr. Glen, did exceedingly marr Mr. Will. Knox, again and again, offering to dispute the Matter with him; till at last, Mr. Knox told him, he ought not to sit in that Place, far less speak at the rate he did. 6. They not only took ille­gal methods to prove their false and calumnious Assertions; but made use of crooked, backward, sinistrous, and ridiculous Means for that Effect, preferring To­picks to Demonstrations; weak and fallible Arguments to certain and undenia­ble Truths; quite razing and destroying the fundamental Laws of this King­dom, placing in their room new Fancies of their own Brain, as if thereby they could out-wit the very Wisdom of the Nation. Lastly, and which well might serve for all the rest, being one of the most prodigious things, that ever was heard to proceed from the mouth of a Christian, much less from a Judge, and least of all from a Minister of the Gospel, and that siting in Judgment.

The thing is this: No kind of Pique; no sort of Prejudice would have cast you from being a Witness. Tho' you had said to the Judge, you wish'd the greatest of Evil (as to his Life) might befall Mr. K. you would have been suffer'd to depone. Suppose you had said, you could see him hang'd, sunk in the deep, ruin'd, disgrac'd, &c. yet you would have been sustain'd as a Witness. This is not all we would say on this Head. The grand Point does yet remain▪ worse; yea, infinitely worse than any thing you have yet heard: but we must beg your patience a little, and you shall have it in its proper place, Sect. 24.

§ 10.

THis, we confess, is a terrible Charge laid to the door of this Judica­ture; and Mr. K. justly deserves to have it retorted on himself by way of Retaliation, if he could not instruct the same. We come therefore to make good these our Assertions; For we will not bid you take them on our bare word. The Truth of which Assertions you shall find either expresly con­tain'd in, or infallible deducibly from these few following Depositions.

Mr. Adam Scot, a Preacher, Probationer, or Expectant, as some call them, depon'd thus: I being, said he, one day in the Chamber of Mr. Will Knox, Go­vernor to Cavers Ker younger, Mr. Riddle School-Doctor came into it, and said he had been just now with Mr. K. debating about the number of the Senses; and that Mr; K. said he would maintain (contra omnes Mortales) against all the World, that there are six Senses; and that the sixth is, Actus Copulationis.

Mr. Will. Knox depones next. Amongst other things Mr. Couden, who was [Page 76] Interrogator, puts this Question to him: Do you remember, that Mr. Adam Scot, being in your Chamber, Walter Riddle came in, and said he had been with Mr. K. &c. I remember no such thing, answer'd Mr. Knox. Strange! reply'd Mr. Coud. Mr. Scot there (pointing to him with his hand) has just now depon'd it. He may de­pone what he pleases, answer'd Mr. Knox, I'm not obliged to follow his footsteps.

1. By the way, fail not to take notice, that the abovemention'd Grievance, viz. To depone super Inquirendis still remains in this Reign, as in the former. 2. You see they depone on Hear-say; and that without being confronted. 3. The Judge pusheth on the Witness to depone contrary to Truth, at least against his Conscience, which is worse. Pray, what mov'd Mr. Couden to tell Mr. Knox, that Mr. Scot had depon'd so and so? Certainly, that he might have two con­curring Witnesses. Yet in Law 100 upon Hear-say is no Probation. We have not yet ended this business: the best part by far remains untouch'd, which we must be pardoned to fetch back from the following Synod. (15 Octob. 95.) that things of so near a Kin may be rank'd together.

A further Enquiry into Mr. Scot's Deposition.
§ 11.

KNow that Mr. Scots and Mr. Knox's Depositions clashing the one a­gainst the other, like two Contradictions, made a wonderful Noise through the whole Country, every body speaking, as they favour'd; some saying that Mr. Scot, others that Mr. Knox was perjur'd. And therefore to cast the ballance, Mr. Riddle was then in the Country, and knew nothing of this pas­sage, was Summon'd to appear before the Synod, 15 Oct. then next: in face of which Judicature, and in presence of some hundreds of People besides, he did most solemnly swear upon his eternal Salvation, That Mr. K. and he never in their life debated; yea, nor spoke about the number of the Senses, nor ever had any discourse relating thereto any manner of way. Would you not have thought that this business was now brought to a close, after so great a work, and so ma­ny solemn Oaths? But you shall yet see more work, and more Oaths too; at least, one and a half, or something, that comes very near an Oath. In a word; the best sport by far is yet to come in the following Section.

§ 12.

KNow therefore, That the Libellers did not rest satisfied (for Charity have they none, tho' the chief of Christian Ve [...]tues; nor is an Oath with them the end of Controversie) but immediately Ja. Thomson, who is Domi­nus Fac totum amongst them, cry'd out most terribly, saying; Moderator, Mo­derat. I desire to be heard. After a deep silence made by the Moderator and some others (for Mr. Riddle's Deposition had raised a great deal of dust amongst 'em) the said J. Thomson. proceeded thus: Moderator, Mr. Knox, since he depon'd, has wrote a Letter to Mr. Riddle; which Letter, if it were produced, would be found to clash with both their Oaths, and so not only prove them perjur'd, but also load Mr. K.

This, they say, was suggested to J. Thomson, by Mr. John Craig, his Brother-in-law, who was standing at his Elbow. It did exceedingly amaze the whole Synod, and all that heard the same; and made them look one to another, won­dering what might be the event of this matter. That, which amus'd most part, was Mr. Riddle's Shyness to produce the Letter, which created great hopes in Mr. K's Enemies, and fear in his Friends; and the more shie and unwilling he was, so much the more forward and pressing were the Libellers, and all that fa­vour'd them. Mr. K. suspecting the true Cause of Mr. Riddle's unwillingness to produce the Letter, said to the Moderator, that it was very like, there might be in that Letter a particular Business altogether extrinsick to the matter in hand, which Mr. Riddle, perhaps had no will should be read in so publick a manner. [Page 77] There is indeed in the last two Lines, reply'd Mr. Riddle, a Particular, no wise relating to this present Business, which I have no will should be read so publick­ly. At which, J. Thomson again cry's out, Moderator, I hope it is not Treason, and so may be read. There be many things besides Treason, reply'd Baily Pringle, Com­missioner for the Earl, that are not fit to be proclaim'd through the Country. Would you be content, that every body knew your Count-Book? In short, after no little de­bate, the Synod order'd Mr. Riddle to go home to his Chamber, and fetch the Letter. It being produc'd, they made him swear de novo, That these two Lines at the close of the Letter contain'd nothing relating to the Business in hand. And also Mr. Orock, who got the Letter to read, promis'd on the Word of a Mini­ster, that he should not read, nor discover the said two Lines; (this is the half Oath abovemention'd) but yet a Brother, they say, standing at Mr. Orock's back, found out the Secret; a vrry harmless Business contained in two single Letters, whereby was signify;d the name of a certain Person, to whom Mr. Riddle was to give Mr. Knox's Service. As to the Question under Debate, this Letter was so far from clashing either with Mr. Knox, or Mr. Riddle's Deposition, that it strengthn'd and confirm'd all they had said; so that some Member of the Synod was pleas'd to say, We are all asham'd. Whether the Synod had power to com­pel Mr. Riddle to produce the Letter, let Statesmen and Lawyers determine. This we dare aver, that some very knowing Persons say, that they transgress'd their lines, and did what they ought not to have done; especially considering, that the Controversie was already determin'd by Oaths. And thus ended that Business, whereon the Libellers plighted their main Anchor. Hence we may just­ly conclude this point with that old saying of the Poet.

§ 13.

VVHat could give rise to this so strange a Passage, Mr. K. can't imagine. He is ready to depone upon his great Salvation, that he is so far from having spoken, or debated with Mr. Riddle, or any other person in the World about that Subject, that never in his life any such thought entred his mind. He was altogether an Ignoramus in that matter, having never either heard or read of it. Now indeed, since this business fell out, some very learned Doctors of Physick have shewd him Books expresly maintaining that there are six Senses; and that that under debate is the sixth; particularly, D. Jo. Archer, one of His Majesty's Physicians in Ordinaay, p. 79.84, and 85. Edit. 2. printed at London, An. 1673. And Bontieoe in his Aecon. Animal. says there are 8 Senses, of which this is one, p. 47. What mov'd Mr. Scot to carry so strange­ly in this whole Affair, 'tis hard to conjecture: Yet certainly, there's some My­stery in't, which we can't reach; the Circumstances are so very odd. About 7 or 8 days before he depon'd (having then got his Summons) he declar'd to a wor­thy Gentleman and his Lady, with the greatest Asse verations one can use, except before a Judge, that he had not nothing to say, which could any manner of way make against Mr. K. He repeated the same words again the very same day he de­pon'd, as he was dining with three Gentlemen. He has thereby hugely wrong'd himself many ways; and smarted for it since. He has exceedingly disoblig'd his Relations Persons of Honour and Respect: his own Father, whom Mr. K. had never seen before, was pleas'd to make Apology for his Son's Fault. And that, which chiefly adds to their Trouble, is, that he was not oblig'd, neither [Page 78] in Law, nor Conscience to depone, doing it upon meer Hear-say; and that super Inquirendis; it not being specified in the Libel, as the Law requires. He wanted not Friends, Men of great Knowledge, to advise him; but he slighted them, and went, (as Mr. K. is certainly inform'd) and consulted the Business with the Mem­bers of the Presbytery; particularly with Mr. Noble in Ecford.

Mr. K. humbly begs pardon for being so large on this point, which with that in Blakader, has been contriv'd by wicked and malicious Men, on design utterly to ruine and disgrace him for ever. But, blessed be God, who has so order'd things, that what you see mainly design'd for his hurt, tends most to his advan­tage; and to the eternal Infamy of his Enemies.

An Account of the Business about the Keegrels.
§ 14.

MR. K. is very loth still to be harping upon one string, and always raking dung out of a filthy Puddle. But since malice and envy have trampl'd and press'd him down over head and ears in a most ugly mire; Must he not be pardon'd, if he can wrestle out again, and wash himself, that he may appear somewhat honest-like amongst his Neighbours? But here's the Misery; After he has got out of one Puddle, they fling him into another; and after that into a third, and fourth. Ah; 'tis to be fear'd, if God send him not help, they will never desist, till they end his days in some hole or other. Lo, here a most uggly and durty one, as is represented, tho' not so in it self. He humbly begs your patience to stand by, till you see him wash himself. We shall leave this Allegory, and come to the true matter of Fact. Know then, that it was depon'd, that this obscene word as they call it) was us'd in Mr. K's School. What Witness depon'd it: Whether only once, or frequently us'd in his School; Whether by Master, or Scholars, or both: Whether in his School at Lithgo, Edenburgh, or Kelso, &c. Mr. K. can't give you no certain account; for amongst many other great Acts of Injustice done him, this is one; that his Judges would never suffer him to see the Depositions; yea, not so much as to let him hear them read over. That this word is amongst the Depositions is certain; for many of the Judges have told him, that it was there, and, if his memory fail him not, they said it was depon'd by Ja. Brown, by far the most famous of all the Witnesses, as you will hear in its place, Sect. 24.

The Effects or Dregs of the word Keegrels.
§ 15.

VVHen this Word was depon'd, Mr. Thomson, Judge, Clerk, and Witness above-named, ask'd his Brethren, how he should spell it. They either could not, or would not instruct him, being, as we are told, otherwise busied; For they were all like to be-piss themselves with Laughter. Hence 'twas (whether by their Fault, or the Deponent's, who per­haps, gave it not its proper sound, 'tis not worth our while to enquire into) that it came to be spell'd with a G, and not a K, Gigrels, not Kigrels; or rather, as some great Artists in Spelling, say, it should be Keegrels. This Error whether, we say, of the Clerk, or his Brethren, or the Deponent, has been the occasion of no little work in the following Judicatures, and of great Laughter in all Com­panies, where frequently it became the main Subject of Discourse; some sound­ing it Gigrels, as we do G in Lego; others, as it were, Jigrels, as we do G in Le­gis; a third person crying out, that often he had heard Wagrels; but Keegrels, Gigrels, or Jigrels, did he never hear before. Yea, even the Women made it the Subject of their Talk, saying; Away with these rugged kind of words. Can't you not use such smooth and soft words as we do, when we bid our Children hide their Walies or Pilda's? If this account offend any modest Ear, as certainly it will, let them blame first the Kirk-Session of Kelso, next the Pres­bytery; and lastly the Synod of Mers and Tiviotdale, who frequently toss'd this Business, and many other things of this Nature, like a Tenis-ball in their pu­blick Judicatures and private Meetings, on purpose, we may say, to ruine and disgrace Mr. K. And if this was done by wicked and malicious Men for the de­struction and hurt of their Neighbour; shall it not be lawful, judge you, for him to speak, or repeat over again these same words for his own Vindication?

A Deposition on a double Hear-say, and a Supposition to boot.
§ 16.

MR. James Black now a Minister, then Governour to the Laird of Hil­ton and his Brethren, depon'd thus; I suppose I heard one of my Pu­pils say, he heard Robert Home say, that he drank King Jame [...] 's Health at Mr. K's Table. To make amends for this weak Argument, he depones next a mighty strong one; a Demonstration in its kind; yea, a double Demonstratior for he had it by two of his Senses. I being one day, said he, with a Gentleman in Mr. K's house, and his Daughter playing on the Virginals, heard him bid her play, When the King comes home in peace again. Pray, Mr. Black, How came you to depone thi [...] 'Tis not in the Libel. Did you bid them ask it you? If you did, you are [...] Ʋl­tronious Witness; and so ought to be Cast. Perhaps it came in, as many other things did, by the general Question; Have you any more to say against Mr. K? Know that even in that Case, you are an Ʋltronious Witness.

Topicks preferred to Demonstrations. That is, Ʋncertain and Fallible Arguments take place of most Certain and Infallible:
§ 17.

THis is as wild a business, as in the whole Process, except the following Passage; which ought indeed to have the Pre-eminence of all the rest. Know then, that Mr. K. gave in a Petition to the Synod, 19 March 95. as above-related, Sect. 13, Part 2: which Petitition, was once only Read that day, and never since. A full half year thereafter (for they did not then challenge it) the Elders charge him in the first Article of their Libel. ( Sect. 7.) for Scandalizing, and Calumniating the Kirk-Session in the said Petition, as guilty of Forging hel­lish Inventions to divide and break his Family. This you know, he positively denies to be in the Petition, craving it might be produced, and read over again. We have lost it, answered they, but we can easily supply that want by causing some of the Brethren swear it was in't, Mr. Jaque is ready to depone, and Mr. Thomson, who lost it, with some others. And certainly, two or three Minister's Oaths are suffi­cient to instruct that these words were in that Paper. Their memory can't fail in so short a time. 'Tis little more than six Months, since they heard it read: and we as­sure you, they were very attentive, when it was a reading. When this Business came to be debated before a Committee. Mr. K. was astonish'd out of measure, not having dream'd, that Mr. Jaque, Mr. Thomson, and others had depon'd on that Head: and therefore he told the Moderator, that the Oaths of all the Ministers in Scotland, were not so strong and convincing at the Petition it self; and that a thing, which is weaker can't destroy, or in [...] that which is stronger: that it was a Maxim in Law; Oaths cannot take away Writ. The Brethren thought more than they said; For after that Mr. K. was remov'd (as a Member of that Committee told him) they were much displeased, that he preferr'd the Petition to the Oaths of all the Ministers in Scotland; till Sir John Pringle rose up, and told them, that it was truth, which Mr. K. had spoken, viz. That ocular Inspe­ction was in Law a Demonstration, and that Oaths were fallible, and could not take away Writ. But, pray, by the way, forget not to take Notice, who depon'd, Mr. Jaque, forsooth, Mr. K's grand Enemy; yea a Party, the head and Chief of all the rest, the principal Member of the Session; one who aliedges he is calum­niated, and he must swear that it is so. Good God! Was there ever in the world [Page 82] before this 24th of Septemb. such a Judicature? One and the same person sits Judge, and stands by as an Accuser, and swears to boot as a Witness.

To conclude this Point, know, that Mr. K. being with one of the Lords of Session ( Sept. 96.) and amongst other things discoursing on this Head, had much ado to perswade that Lord that the said Method was taken to instruct the thing. His Lordship said, he never knew the like done before. They might, said he, have ask'd, if you had the double of your Petition: And, if you had depon'd that it was an exact Copy, or double of your Petition, they might have made use of it to instruct their Charge. His Lordship ask'd what Mr. Jaque and others depon'd upon the head. That, my Lord, reply'd Mr. K. is the Mystery which we would fain know, but can't. They refuse to give us the Extract of the Depositions; or so much as to let us see them, or hear them read. His Lordship lifted up his Should­ers, but said nothing. Without all question, some of these Ministers are per­jur'd, at least materially; For as sure as there is Light, there is no such thing in that Petition. Mr. K. has its exact double. That hellish Inventions are contrived and forged against him, the Petition bears indeed, but does not condescend on the Con­trivers; as is once and again above-related.

No kind of Prejudice did cast a Witness.
§ 18.

THis is the last and grand Point. 'Tis that, which we told you might well pass Muster for all the rest. And now again we tell you, that the like was never since the Creation of Adam. Search and make enquiry, as narrowly as you please into all the Records under the Sun; and you shall not find one single Instance, that can parallel this Business, of which we are now to give you an Account. I shall not trouble you with a long Preamble, tho' too much cannot be said of this Affair. But, because there are several Heads and Causes, that relate to this Matter, we shall put them in different Sections, that things may be the better and more easily understood.

We are now to give you some Account of the Depositions of the Father and the Son, John and James Broun.
§ 19.

[...]Ohn Broun, Merchant in Kelso, as he was going to depone, being ask'd by Mr. Couden, if he had any prejudice or ill-will at Mr. K. answered, that he had no prejudice, no ill-will at him; only he wished he were removed from Kelso. What the said John depon'd, we can give you no account. All we shall say here is this: Seeing he judicially confessed, that he wished or desired Mr. K. to be removed from Kelso; it was enough to have cast him from being a Witness, especially considering that this was all that Mr. K's Adversaries craved, viz. to have him turned out of his Office, as shall hereafter evidently appear. We can­not here pass a most pertinent and [...]at Instance. In the year 1654, Mr. Rob. Knox, Minister in Kelso, a very emi [...] person upon many accounts, particularly for his Loyalty to his King, being th [...] before the English Judges at Dalkeeth for some Expressions he had used in favours of King Charles the I. or II. if not both against the Ʋsurper Cromwell, did except against one of the Witnesses, as bearing no good will to him. The Judge asked the said Witness, if he had any ill-will or prejudice at Mr. Knox. The Witness protested most solemnly that he had no ill-will, no prejudice at him; but on the contrary wished him heartily well: and with this he subjoined, that he only wished Mr. Knox were removed out of Kel­so. And for this last Clause, alone he was not suffered to depone. And hence it was that Mr. Knox continued and died Minister in Kelso, 1658. Mr. K. has this from very sure hands.

The Descent into Hell.
§ 20.

NExt depones James Broun, only Son to the said John, a Boy or Youth, about 16 years of age. As he was going to depone, his Father says to Mr. Couden, Sir, my Son cannot be a Witness against Mr. K. in regard he has a prejudice at him; Mr. K. having beat him so, that he left his School and never return­ed to it again. Then says Mr. Couden to the Boy, Have you a Pique or Prejudice at Mr. K? Yes, Sir, answered the Boy, because he beat me; and made me leave his School. Have you Malice at him, said Mr. Couden? What mean you, Sir, by Ma­lice, answered the Boy? Could you wish to see his Soul in Hell? Wish you ill to his Soul? Have you a freedom to pray for his Soul, replied Mr. Coud. I will not say, Sir, that I wish his Soul in Hell, answered the Boy. And so ended this Dialogue. It made no stop in the Business: the Boy deponed with great freedom. Now, pray, consider, what vast difference between the English Judges, tho' Laicks, sit­ting at Dalkeeth, in a common House, and our Scots Divines in the House of God. And forget not to ponder well the Circumstances of this Affair. Those are cognoscing the Cause of a Foreigner or Stranger, who was supposed to have transgressed against the Supream Powers of the Nation; These sit Judges on their own Country-man; yea, one near in Kin (by Office) to themselves; and only alledged to be guilty of private Faults: Those did cast a Witness, tho he wished the Person heartily well, against whom he was to depone; These sustained a Wit­ness, who plainly told them judicially, that he had a Prejudice at him, against whom he was to depone. For you are not here to look upon this as Mr. Couden's Deed alone, but his Brethrens also. They are sharers with him of this heinous Transgression. It is a wonder they run nor out of the Church, when they heard Mr. Couden propose such dreadful Interrogatories. It was far more becoming the duty of the Ministers of the Gospel to have sharply rebuked that Boy, for harbouring so long in his heart a Prejudice at one, that was once his Master, than thus to indulge and encourage him in his Sin. But they must be pardoned; for they were so mighty eager and not upon the pursuit of the Ruine and destruction of another Man in this Life, that they quite forgot the Eternal Salvation of that Boy's Soul in that to come.

§ 21.

WE must not leave this Business so abruptly; especially considering that upon the Deposition or Faith of this one Witness are mainly founded the principal and most material Reasons of that Sentence passed against Mr. K. (22 Oct. 96.) of which in its place. We shall here only name a few things, which it is very fit you know a little more distinctly and fully. 1. You see the Father plainly told the Judge, that his Son had a Preju­dice at Mr. K. The Son confirms what the Father had said: yet neither of them prevails. And who else in the World can know this Prejudice so well, as Father and Son? 2. Both tell its rise and occasion. Mr. K. beat him so, that he left his School, and never return'd to it again. Mr. K. does indeed confess, that he beat him, and that deservedly, but too gently. Nor did he any more return, having learnt his Latin, and some Greek, so went to College. The Cause of his being beaten, and the way it was done is thus, as many attest. While Mr. K. examing Theams, his Scholars sitting about him in a Semicircle, one Rob. Handiside, rising from his Seat, advances little more than a pace to give his Master his Theam: In the mean while, James Broun gets into it. Handiside complains: Mr. K. finding him wrong'd, commands Broun to rise. He, in a manner refuses, muttering something within himself. Mr. K. giving him about the Shoulders with his Scourge, makes him to rise. After this he did not return. Upon the like occasion, he left Mr. George [Page 84] Adam's School, who was Mr. K's immediate Predecessor, now in Mussilburgh. 3. This Prejudice continues some years, and so becomes rooted and fixed in the Heart. It was more than an ordinary Prejudice, that had lasted about 3 years. The Sun should not once set in our wrath, say the holy Scriptures: here it arose and set above two thousand times. Call it by what name you please, Envy, Hatred, Revenge; for it well deserves any of these: Yea, Malice it self, tho' not in Mr. Couden's Sense; For certainly in this point, he differs Infinitely from all the Di­vines on Earth. His is a wonderful kind of Malice: Malice as deep as Hell; as long and broad as Eternity; infinitely perfect in all its Dimensions: and for its Nature or Quality, it is unexpressible, being in every respect, as black as the Devil himself. It is a Question, if there be any Person on Earth so exceeding wicked and malicious; so cursed and hellish, as to imitate Devils in that degeee, in a sober fit to wish their Neighbour were in eternal Torture amongst un­quenchable Flames. But whatever may be Men's private Thoughts, or secret Wishes, or rash and inconsiderate Words in a Rage or Fury; yet it is madness it self to suppose, that any person in the World, far less a Christian, is so demented, as to say in face of a Judge; yea, in presence of a Church Judicature, That he wisheth his Neighbour's Soul were in Hell. And hence it is, one of the most fool­ish things in Nature to propose such a Question, which is to be answered Affirma­tively, or Negatively; and yet all the World will answer but one way. Was it not a wonderful Skip in Mr. Couden, to jump at once from the short Miseries of this Life to the everlasting torment of that to come? He might have many thousands of Questions at hand, all fitter for his purpose, than these above-men­tioned. Pray, what need was there to fetch them from Hell? Might he not have said? Would you be glad to see Mr. K. so disgraced, as to be put out of the Town by the hand of the Hangman? And it is very probable, he might wish some such thing. Or, Mr. Couden might have gone higher; as, Could you desire to see such a Mark set on Mr. K. as the Lord put on Cain? Or, Could you see him cast into the Lions Den with Daniel? Or, into a burning fiery Furnace, seven times hotter than ordinary with Shadrach, Meshach and Abednigo, &c. 4. Know that this Wit­ness deponed more than other twenty, as Mr. K. is informed, if not in Bulk, at least in Quality. And hence it was, that by no means they would cast him, be­cause many great things were expected from him. We have once and again, above told you, that what Mr. K's Adversaries had most confidence in, did chifley fail them, and tended most to their hurt and disgrace. This you clearly saw in the Business of Blakader, and in Mr. Scot's Deposition; but this in hand has quite sunk them, and sav'd Mr. K. This, as you will hear in its place, made the Committee of Bills in Edenb. sit as mute as Fish. Sect. 6. Part. 5. 5. Know that this Business came to light but of late, about a year after the said J. Broun deponed; otherwise, you may be sure, it had been inserted amongst the Reasons of Appeal. But that which we judge most worthy our notice here, is the admi­rable way this Business came to the knowledge of Mr. K. and others, viz. by the means of an Ass: an Ass from England. O happy, happy, thrice happy hour, in which this Ass crossed the Border! By this Ass a great wonder is wrought in our Israel, and a dark and hid Mystery is brought to light. We read in holy Wri­tings. that an Ass spoke (22 Numb. 28.) and reproved her Master the Prophet for beating her, who had saved his life. This Ass has done more than that. She has saved (under God) the Life of the said J. B. and reconciled Mr. K. with the Fa­ther and Son. Yea, we hope, she has done more than saved his Temporary Life. The poor miserable Youth was most pitifully misled by blind Guides; but this Ass has most providentially brought him back to the right Path: By that Ass (at least indirectly) the eyes of her Master were opened to see the Angel standing with [Page 85] a drawn Sword ready to slay him. Would to [...]od by this Ass the Eyes of our Prophets were opened, not only to see, but to be convinced of their sad Error in misleading a young unexperienced Christian; that by this so wonderful a pro­vidence of God, making use (whether Directly or Indirectly is not Man's concern to question) of the dullest of all the Brutes to teach the Sons of Men true Wisdom.

An Explication of the Mystery of the Ass.
§22.

WE are loath to leave you in the dark, and therefore we shall, as brief­ly as we can, unfold this Riddle to you. Know then, that the said J. B. fell unwell after he depon'd; which some were pleased to call a Remorse for what he had done: others, the Judgment of God for his Sin. At length he fell into a Decay' [...] for which his Physcians advis'd his Parents to give him Asses Milk. They got one from England, a dead, decrepit, old and lame Beast, so foundred in its Fore-feet, that with great difficulty they got her brought to Kelso, in several days, tho' she was but a few miles distant. Know also, that Grass is not to be had in Kelso near at hand, and this Ass was not able to go to a place at a distance. To keep her continually within doors, they found agreed not with her Nature. She had a young Colt sucking her, which added not a lit­tle to this Inconveniency. Harvest was begun (it being then 28 of Aug.) so that within 2 or 3 days at most, she would get abundance of fresh Grass in the Stub­bles to feed on. And therefore to supply the present necessity, the Father, with Dr. Trotter, Uncle to the Boy, went to Mr. J. on the said 28 of Aug. and having represented to him all Circumstances, humbly begg'd he would be pleased to suffer the Ass to feed in the Church-yard, an hour or two in the day, till they got Grass in the Stubbles near to their House, which, say they, we will have within 2 or 3 days at most. Mr. J. flatly refused this very reasonable and modest Request; not upon any Superstitious account, as if he would not suffer an Ass to go in that place; he is not scrupulous in that point: his own two Horses, four Cows, with flocks of Geese, Turky-cocks, Ducks, Cocks and Hens feed there: Yea, he is so far from being scrupulous or nice that way, that if any Man's Horses (even after the time fields become freer to all) happen to come into the Church­yard, he presently orders his Servants to drive them into the old Church, where for some days they are forced to ease Nature on the Corps of very worthy Per­sons. Nor does he ordinarily let them go, till he and his Servants be satisfied for the Damage, the one sustaining Loss, the other Trouble and Pains. He has had these 2 years a poor Man's Chopin-Stoup and a Plate, and it is like, may have 'em to Eternity. He was the death (as there is reason to believe) of a Widows Horse, who fasted so long within that Church, that they say his Chafts did lose the power of eating. We might tell you a thousand Stories of this kind, were we not posting to an end of this Affair. Know then, that both the Father and Uncle were very much petted with the Answer they had got from Mr. J. He is most ungrate to me, and cruel to my Son, said the Father; a very Turk would not have denied me such a Request. And in truth, if you consider Circumstances, you will find Mr. J. guilty of great Inhumanity, Ingratitude, Imprudence and A­varice in this Business, to name no more Vices. The hurt or damage the Ass could do Mr. J. was very inconsiderable, not amounting perhaps to 4 or 5 Shil. Scots in whole; and to put that in the ballance with the Health or Life of such a Boy, his Father's only Son, is a strange thing. That, which may exceedingly aggravate Mr. J's Fault, or rather a multiplied Crime, are the Circumstances of the Youths Parents: the Mother a vertuous Gentlewoman, related to the best Families in the Shire of Mars: the Father an old Man of good Esteem, the chief Person in his Circumstances in Kelso, one that has been all his Life most [Page 86] constant to his Principles, a true, but no Bigot Presbyterian. But that which is most considerable here, is, that not only he was and is in a capacity to do M. J. Service many ways, but had already done him several acts of great kindness, par­ticularly did contribute with others in giving Money for his necessary use, and many times made him very welcome in his House with the best things he had. And lastly, gave him the use of much of his Houshold Furniture, Chairs, Table, &c. from his very entry to that day. The Table was sent home within a day or two after this refusal, brok [...] into four pieces. Now, is there not here the hight of Ingratitude, after so much kindness, so many favours done him, to deny so inconsiderable a Request? Ingratitude! Certainly Ingratitude in a high degree; and if Ingratitude, what is it not according to the common Proverb, Si ingratum dixeris, omnia? See you not here a great act of Imprudence, a palpable sign of Avarice, Incivility, Inhumanity, or rather Barbarity, &c. Now to conclude this tedious passage, know that the Father did lay open [...] this Business to Mr. K. in presence of the frequently abovementioned Baily Pringle, and several others. The Son also has confirmed it again. You will have a touch or two of this Af­fair hereafter.

Reasons of Appeal by the E. of Roxb. and his Lordships Curators for their Interest, and Mr. J. K. School-master, against the Presbytery and assistant Members appoint­ed by the Synod to Cognosce on Mr. Kirkwoods Affair.
§23.

MR. K. having Right, as School-master to the Offices enjoyed by his Predecessors, viz. Session-Clerk, Precentor or Reader to the Parish of Kelso, conform to his Call and Contract, as the same at more length bears, and seeing these 3 years by-gone, he has been kept from these Offices, and the Emoluments thereto belonging, tho all legal and fair Methods have been taken For putting him in possession thereof. And also, he having meaned himself late­ly by a Petition to the Minister and Elders there, they instead of granting the just desire of that Petition, did lay to his Charge most illegally and unchristian­ly, in face of Session, heinous Crimes, Immoralities and Calumnies, and that without prior private Admonition, or Conference with him thereanent, rejecting, and despising the Method prescribed by our blessed Saviour, and the Constituti­on of all well-govern'd Churches: which business of Mr. K. as it then stood, be­ing referr'd contrary to all Christian Charity, and brotherly Love by the Session to the Presbytery, they not so much as giving him one minute to procure a Te­stificate of his Innocency under the hand of those, who, were eye-witnesses to what was laid to his Charge, tho' he earnestly desired the same; which if they had granted, he would have exculpated and freed himself. And the said Pres­bytery having that same very day, within a very short winne after the rising of the Session, sit down, and considered the said Matter referr'd to [...], in a manner, Homologating the illegality of the Procedure of the said S [...]ion, did most unwarrantably, and to the Reproach and Scandal of the Justice and Wise­dom of such a Judicature, proceed in the said Affair (the Punishment whereof, proved, is no less than Death, and perpetual Infamy to him and his, one Crime being Adultery, the other Force or Rape) and give their Sentence thereto by re­ferring the same to the next Provinciat Synod, without so much as citing, or calling Mr. K. the Person injur'd, to answer himself; nor so much as enquiring, who were his Accusers, rather following the Method of the hard-hearted Jew, and Pagan, than the Disciples of Christ; yea, or the civiliz'd Roman, Festus, who would not condemn a Man, until such a time as he was heard, and his Ac­cusers face to face with him. This Procedure of the Session and Presbytery, may justly amaze and astonish all that hear the same. Is it not wonderful, that Crimes [Page 87] of so high a nature, and so great moment, which ordinarily depend before a Presbytery a full Year; yea, often two, three or four, should in one day; yea, in an hours time, if not much less, pass like Quick-Silver, both Session and Pres­bytery, and get into the Synod without either the Accuser, or Accused's pre­sence; if Mr. J. and his Elders be not the Accusers; for to this hour, there is no other condescended on. Certainly, tho' all the Records of the Church through the whole World, since Christianity was first settled therein, were search'd and enqu [...]r'd into, a Parallel shall not be found. 'Tis most evident to the World, that it was design'd Mr. K. should still lie under the Blunder and Calumnies laid against him: For tho' the Presbytery had referred the Matter to the Synod, which was to sit within 8 days thereafter, yet they did not cite him to the said Synod, nor somuch as acquaint the Synod with the Business, so that it is more than presumable he would not have been call'd before the Synod, if he had not mean­ed himself to their Wisdoms by a Petition, which he gave in many hours after they were sit down. And after consideration had of the said Matter by the Syn­od, it was referred to a Committee made up of the Presbytery and several As­sistants. The E. of R. and his Lordship's Curators, knowing what Spirit these Libellers are of, they formerly upon several occasions having opposed his Lord­ship, and contemned his Authority, he judging that this whole Procedure against Mr. K. is also a striking against, and trampling upon his own Honour and Inte­rest, he being the main Instrument in bringing Mr. K. to this place; and being fully convinced of his Innocency of what is laid to his Charge, he therefore stated himself and his Curators, as Parties in defence of Mr. K. With very great respect and veneration for these Gentlemen, Ministers and Elders, that are As­sistants, it is offered that they with the Presbytery are very incompetent Judges in this Affair, for the above written Reasons, and what follows.

1. In regard most part of the Assistants were absent at the seve­ral Dyets, when Mr. K. was called; so that, in effect, the Presbytery was al­ways more numerous, and at some Dyets, the Presbytery did sit by themselves without any Assistant. And should a thinking Man consider the former Proce­dure of Session and Presbytery, it cannot be expected, that they will proceed legally, as they ought to do. 2. They have appeared very Partial against M. K. by suffering Mr. J. and his Elders to sit with them, to hear their Consultations, when he and others concerned must wait at the Church-door. 3. It is evident that Mr. K. and the Persons, who contracted with him, are slighted, and the Pa­rish of Kelso, disgraced (as one of their own number did acknowledge) and that by suffering Persons of no worth or esteem, to exerce the Offices belonging to Mr. K. 4. When they put Queries to him, and got his Answer therto, and Re­corded the same in their Register, they positively refused to read to him what was recorded; tho' he pressed the same with many Arguments, which insinu­ates, that they had recorded otherwise, than he had declared. 5. They, con­trary to all Law, Ecclesiastical or Civil, refused to give up the Names of their Informers of that Business of Blakader, tho' seriously and often required, and In­struments taken thereon. And also, that they refused to discuss the first two main Heads, which were stated before the Presbytery and Synod, e're they en­tred on a new Libel, tho they again and again pressed to it; but these they waved and shifted, falling on new Points. 6. Their Procedure against him is very strange, for they determined a Probation of that new Libel against him, and that before the delivery thereof to him, and before the Relevancy of it was discussed, or the Libel denied. And Mr. K. having given in a Defence, they or­dain the Probation to go on; and that before they declare what they repel, or what they sustain: and an Answer being made to this Defence by the Libellers, [Page 88] which being very large, they refused the ordinary Dyet for Mr. K. to reply, not allowing him to that effect a competent Time. 7. They refused to suffer the Libellers to give their Oath of Calumny, required thereto by way of Instru­ment. And tho' it is known they are most malicious, and dare not depone thereupon. Certainly nothing is more just, than that such Accusers give their Oaths of Calumny; for who can he free of such like pursuits, if Persons be not obliged to do it? 8. It is true, that there are several Witnesses summoned, and a List given to Mr. K. to the Effect (in case they had gone on legally) he might have his Objections in readiness against them. But so it is, that their de­sign is evil, as appears by the List of Witnesses given him; for of 31 none are designed, except 2; so that Mr. K. knew not what Objections to have in readi­ness, there being 3, 4, or 5 Persons of the same Name with several of these in the List given; and that even in the Town of Kelso, besides what may be in the Country. And also, they have summoned Witnesses, who are not in Mr. K's List. 9. The Presbytery and Assistants have shewed themselves very partial in their Procedure in this Affair; For tho' an Objection and Protestation was given in against Mr. J. that he could not Cognosce, and sit Judge, in regard he was a Par­ty, and also had prejudice against Mr. K. And that he was main Contriver, and Former of the Libel and reply, and Carrier on of this Affair: yet he was suf­fered to sit in their Judicature, when Mr. K. and others concerned, were ordered to remove; and that even at the same time, when they were considering, and voting, whether he should remove or not. 10. Though in Law they were not oblig'd to object in regard the List of Witnesses given in, did not bear their Designations, as said is; and as to the Witnesses, who are not contain'd in the said List, it cannot be expected objections shou'd be given in against them; neither can they be examined, unless Justice be overturn'd, and the form of Process in such Cases altogether ranvers'd and alter­ed contrary to the Laws and Practicks of this Kingdom, Ecclesiastical or Civil. However, the E. and Mr. K. wou'd have objected, as they now object. 1. No Witness can be examined in this Affair, until such a time, as Mr. J. and his El­ders give their Informers of that business about the Woman in Blakader; for, if Informers be not condescended on, none knows, but some of the Persons, who are cited as Witnesses, are the Informers. 2. Mr. J. is Listed, as a Witness, who cannot be receiv'd for the Reasons contain'd in the proceeding Paragraph, and Protestation taken. He also, as Minister of Kelso, and Member of Presbytery (as he designs himself) is consequently a Judge in this Affair; and no Judge can be Witness when his deposition makes a part of the probation. If this be sustain'd, it were to Condemn a Man upon the Judges private knowledge; which is contrary to the Laws both of God and Man. 3. The former Objection rela­tive to a Member of Presbytery and Judge, is holden as repeated against Mr. Thomas Thomson, Brevitatis causa; so that he cannot bear Witness, with this Ad­dition that he is not only a Judge, but also Clerk: and whose evil design against Mr. K. must in this Paragraph appear, which renders him uncapable to be Judge, Witness, or Clerk, viz. 'Tis known to himself wh [...] ( A.) Prevarication he us'd to Mr. K. speaking with his Tongue that, which was not only contrary to Truth, but even to his knowledge. And besides entred upon a secret Inquisition of Mr. K's failings (if we may so speak) practised upon persons of [...]s own Fa­mily for Information against him; yea, after the Libel was form'd and read in publick. 4. As for the other Ministers of this Presbytery, or Synod, and Laick Elders, who are adduc'd, as Witnesses; with very great respect to these Gentle­men, it is offer'd by the E. of R. and his Curators, at least by these, who are com­missionated by his I.o. and also by Mr. K that they cannot here be adduc'd as Wit­ses; [Page 89] for the Reasons contain'd in the former Paragraph, viz. because they are Judges, not doubting, but they wou'd tell the truth; only 'tis an evil Prepara­tive without a Precedent 5. As to Jo. Broun Merchant (if this be the Jo. Broun in the List) he cannot be receiv'd as a Witness, in regard 'tis offer'd to be prov'd by his Oath, that he has been upon Mr. J. and the Libellers Consultations on this Affair, and that he has given advice there anent; and so Guilty of partial Counsel. 6. As to James Broun, the said Johnson, his Deposition can make no faith against Mr. K. he not only being within the years allow'd for Witnesses; but also granting he were past the years, 'tis offer'd to be prov'd that he has ap­pear'd officious by enquiring at others what they knew in this Affair; and he not being come to the years of Understanding; 'tis more than presumable he de­pends either upon Hear-say, or in Revenge against Mr. K. he having left his School in-Pique, and to this day minds it; for he never owns Mr. K. more than the greatest stranger on Earth. (See Sect. 24, 25, &c.) 7. As to (b) Mr. Wear's Letter, which is listed, as a Witness, no respect can be had thereto; seeing, Teste, non Testimonia probant; and all Witnesses must be examined in pre­sence of the Defender, and Assize; that is, in presence of Mr. K and his Judges. 8. These Witnesses that live without the jurisdiction of this provincial Synod, 'tis humbly offered to the consideration of this reverend judicature, whether they appearing by a (c) Citation founded upon the Warrant of this Presbytery, or Synod, will oblige them to appear; or, if they must have a Warrant from another judicature; for in case this Synods Warrant does not teach them with­out their jurisdiction, such Witnesses, who appear by Virtue of so incompetent a Warrant, seem to be Ʋltronious, and so cannot be admitted. Upon all and sundry of the Reasons above written, the E. of R. and his Lo. Curators for their Interest, and Mr. K. Schoolmaster of Kelso, appeal from this Presbytery and As­sistants, in so far as the matter is Ecclesiastical to the next Provincial Synod of Mers and Tiviotdale, meeting at Kelso, or where it shall happen them to meet for the time, and summon you the Presbytery and Assistants and Libellers, Apud Acta, to appear there before the said Synod; and in so far as the matter is Civil, appeal to the Judge ordinary; and thereupon the Commissioners for the E. and the said Mr. K. take Instruments

Rem. (a) Of this business about Mr. Thomson you have a large account Sect. 3. to which we here refer you. (b) This Mr. Wear, second Minister at Lithgo, 1658 or 59, was turn'd out by the Publick Resolutioners, (as they then call'd them, he being a Remonstrator (for there was a deadly fewd between these two Parties at that time, tho' both Presbyterians, but the latter, by far more strait lac'd, than the former) and went to Ireland, where he continued till our late Indulgence, granted by K. Ja. at which time, these in Lithgo, that favour'd his way (both the above mention'd Parties Ʋniting in one against the Episcopal) call'd him back to be Preacher in the Meeting-house there. While he was yet living in Ireland and preaching in a Meeting-house in Culrain, and not the least word of his coming back to Scotland; he sent one of his Sons to be educa­cated by Mr K. having only heard of his name or fame. And when he came himself, about 3 years thereafter, and was settled Minister in the Meeting-house there, he put another Son to Mr. K's School. In a word; tho' Mr. K. did constantly keep the Church, never so much as once going to the Meeting-house; yet Mr. W. and he liv'd most friendly and neighbourly, visiting one another like two Brethren, and that after his Sons were gone from his School. As to the Letter here mention'd, and adduc'd as a Witness, at least given up to Mr. K. in the List of Witnesses, he knows not so much as one single word, that's in it; for, tho' he press'd hard in face of a judicature to have it produc'd and read; which thing Mr. J. would on no means suffer to be done. Hence [Page 90] you may easily conjecture, what be the Contents of the said Letter; for certainly, if it had made any against Mr. K. it had been produc'd: and to conceal it, if it make for him, is a great act of injustice. This is down-right Mr. Couden 's Principle above related, Sect. 20. viz. What makes against Mr. K. ought to be recorded, but if othewise there is no need. (c) Some Witnesses were cited after a most illegal and strange manner. The Kirk Officer forsooth, wrote Letters so to me, ordering them to appear. Thus was Mr. Colvil, School-master in Jedburgh; summon'd. Mr. Taylor, Brother-in-Law to Mr. Glen, who, as we told you, Sect. 12. did dispute with his fellow Witnesses, while they were deponing, came from the Viscount of Arbuthnet's House in the North, about 86 miles distant from Kelso, upon a bare Letter, as he confessed himself to Mr. K. and deponed, which is a thing altogether contrary to Law, and make; him an ultronious Witness. Yea, the Presbytery of Kelso dare do far greater things than these. They can send their Officer to other Kingdoms without an Order from any Person therein to Summon witnesses to appear before them. This they did to one Marg. Home in Work. And is't not very pretty, think you, thus to fetch Men's Wives from England to stand before the Church Judicatures in Scotland? If this Woman did appear, she also was an ultronious Wit­ness, for no Law oblig'd her to do it. It were tedious, but very pertinent to tell you here, how illegal and informal they were in their Citations of Mr. K. Only take this touch. His Summons did not bear particularly at whose instance he was to appear: but only in a kind of general terms, viz. At the Instance of some of the Inhabitants of Kelso. They might as well have said, At the Instance of some body in Tivlotdale, yea, or of Scotland; for, M [...]jus & minus non variant speciem. Nor was this their Officer's fault, his Warrant expresly bearing it. At last, they alter'd their stile, as you will see, Sect. 25. Part. 4.

Oct. 3. 1695. Notwithstanding the said Appeal legally made, and the Reasons duly given in to the Moderator and Clerk of the sa [...]d Commit­tee within 10 days according. to the Act of the General Assembly; yet they meet again this day to consider and cognosce the said Affair, out by the influ­ence of three very worthy Gentlemen, the business is referr'd to the Synod, which was to sit within 12 days. You will have a brief touch of this days Action in that abovemention'd Paper to be given into the Synod at Jedburgh, 21 of Apr. 1696, Sect. 13 Part. 4. Paragr. 5.

§ 24.

15 Oct. [...]5. YOu will get a large account of this Synod in that frequently menti­oned Paper given in at Jedburgh, to which we refer you Sect. 13. Pa. 4. Only we cannot but he [...]e again tell you, that tis Mr. K's great Complaint, that this Synod never heard him speak so much as one single wo [...]d in his own defence. Tho' they sat 3 days, and almost 2 nights, manly upon his Affair in Synod, Com­mittees and Sub committees, yet they never so much as once call'd him before them (except to near three Witnesses depo [...]e) till they had past Sentence; tho' some persons of Honour amongst them u [...]g'd again and again that Mr. K. should be call'd to give his Sense of some words in the abovemention'd printed Infor­mation, Sect. 7. A. 7. R. (a) which thing M J. opposed with all his power, most confidently asserting, that the said words could not admit of another sense, than what was put on them. By whom, praye? By whom! by whom, but the Libellers? By the Libellers! Ay, by the Libellers with Mr. J 's help; for certainly Nullisidianism, Erastianism, Hobbism could never have entred their Noddles, unless he had instil­l'd it into them, and made them to speak like Parrots. Here's one of the strang­est things in its kind, that even was heard of in the Wo [...]d: The adverse Parties Gloss or Sense upon words is approv'd; and the Author of these words, being the other Party, not so much as suffer'd to open his mouth upon the head: yea, not permitted to enter the Room, where his Judges, and the other Party were [Page 91] sitting. Law and Reason oblig'd them to hear at least what he had to say for himself; tho' no tye of Duty bound them to consent, or accord in the Matter.

A remarkable Passage. 'Tis very pertinent here to give an account of a business, which we hinted at already, Sect. 12. and there promised to touch more fully here. Tho' it seem a thing of no great Importance in it self; yet will be found to be very serviceable in several Points of his Process. 'Tis this. One B. Thom. Ser­vant to J. B. Notar-publick in Kelso, being cited to appear before this Synod, to depone against Mr. K. was call'd in, and her Oath taken. This being done, the Mod. ask'd Mr. K. if he had any thing to object against her, why she might not depone in this Process. Mr. K. after he had taken a glance with his Eye of the Womans Countenance, answer'd, he had nothing to object against her, having never, that he knew, seen her, or heard of her in his Life before that time. And suspecting, that she was to depone upon Hear-say, as many had done before her; ask'd her, whether she was to declare any thing, as she was inform'd by others? Or what she had seen, or heard herself done or spoken amiss by him? I am, an­swered she, to declare what I have heard another say of you; for I never saw any ill in you my self; nor ever had the occasion to see it. Mod. says Mr. K. This Woman is not to depone against me, but against some other Person, which I am apt to think is the Woman in Blakader. If she has any thing to lay to my Charge, let her declare it here be­fore me. If another Person has inform [...]d her of any ill in me, she cannot depone, till that Person be present, and they be confronted. Up rises Mr. S. saying, Mod. since this Woman was cited, and has appear'd, I think she may depone. With Mr. S 's leave, Mod. answer'd Mr. K. since the other Woman is not present; yea, nor cited to be here, this Woman ought not to depone, it being contrary to Law, that any Person depone in absence of the Person against whom they depone, or their Proctour; for Mod. you do not know what the Woman in Blakader may have to say against this Woman, why she cannot depone in this Matter. Mod. replied Mr. S. since the Woman has not only been cited, but has appeared, and her Oath taken; we cannot now send her home without hearing what she has to say in this Affair. Mod. answered Mr. K. One fault ought not to be the Cause, or made the occasion of another. It was a fault in the Kirk-Session to cite the one without the other; and now to make this Woman depone in the others ab­sence, especially it not being her fault, that she is absent is another Fault greater than the former, upon many accounts, particularly, because 'tis contrary to an Express Act of Parliament, requiring that all Witnesses be Examined in presence of the Parties or their Advocates, 18 Act. K. James 7. Sess. 2. First Parl. 14 June 1686. That which Mr. S. founds his Argument on, is a matter of inconveniency only; for there is no real evil in the thing, only a trouble to the Woman to have appear'd in vain, and to re­turn again at another time. Whereas Mod. I found my Argument upon a Principle of Equity and Justice, that ought to be done both to the Woman in Blakader and my self, but chiefly to the Woman in Blakader; for nothing this Woman can say, will in Law militate against me, since she is only to depone on Hear-say. Notwithstanding all Mr. K. could say, Mr. S. being, it seems asham'd to be run down by a Country Domi [...]ee, (as they commonly call them) still urged that Bessy should depone; yet added no new reason for it, partly repea [...]ing what he had said formerly, partly telling that the Committee had done so. To which, Mr. K. answer'd, That two Blacks made not a white; they were to walk not after the bad Examples of others, but according to the Rules and Principles of Justice and Equity. In sh [...]rt, after a long debate, Mr. K. finding that Mr. S. was like to carry the P [...]int, crav'd that it might be recorded in their Register, that he made this Objection; or that the said Bessy depon'd with a Qualification; viz. in absence of the Person against whom she depon'd. At this Mr. S. with seve­ral of the Brethren, cry'd out, that upon no account they would do that; for, [Page 92] thought they, this is to record our own Doom; and to publish to the World, that we have done unjust things. Mr. K. still urged the thing, saying, he cra­ved nothing, but what was most just and equitable, and pertinent to the pur­pose. What? cry two or three together; Must we Record every thing he plea­ses? Well, Mod. answer'd Mr. K. If ye will not Record it, ye cannot hinder me to do it; and with that, he throws the Instrument Money down on the Table, saying, I protest against your procedure in this particular, &c. Then indeed they look'd one to another; till at length, the Mod. says, Mr. K. take back your Money, and remove a little; and you shall have the mind of the Synod in-the matter. He with these Commissionated from the E. being removed, the Synod very quickly came to a Determination, there being an absolute necessity, that one of three should be done. Either the Woman was to go home without deponing, or they were to Record their own Illegal Procedure; or suffer Mr. K. to protest. All three were mighty biting, and gall'd some of the Synod to the very heart. Others saw not the Inconveniency, or rather the Evil of the first; and therefore said, What hurt is there that this Woman go home at this time? She, and that other may come both together, at another occasion; the last two, said they, are intolerable, we cannot admit of either of them. The Evil of the first, (which was o [...]ly discern'd by a few) is very consi­derable; for, 1. 'Tis an infallible Demonstration, that the Synod condemns the Procedure of the said Committee (24. Sep.) who examined a vast number of Witnesses, meerly upon Hear-say, in all absence of those, against whom they depon­ed and consequently accuses them of Injustice; and so in Law renders Null th [...]t they did. 2. This Bessy Thomson, from whom, it seems, they expected great things (tho' in effect to no purpose) cannot depone, but in presence of that Woman in Blakader. whom they dare not adduce, tho' the chief Person of any, that should appear in this Particular, and Mr. K. has provok'd thers to it, and that by way of Instrument, as is above related. It was upon the consideration of these two Heads, which moved Mr. K. to be so eager and pressing, that the said Bessy should go home, as she came; and the Contrary moved Mr. S. and others to be so for­ward, that she should depone; for, as by the one, Mr. K. was to gain a great Point; so they on the other hand, lost one no less. In short, Mr. K. being cal­led in again, was told by the Mod. that Bessy was to go home without deponing, under which Oath she lies to this day (1 Jan. 1698.) and now likely will lie till she go before the Great Judge of the World. We cannot here omit to tell you, that this Bessy was again cited about half a year thereafter to appear upon that same occasion before a Committee. Mr. K. seeing her and no other Woman else within the Church, said, as 'twere in a surprize, but with a smile, Mod. Bes­sy is come back again, but in the same Circumstances she was in before, viz. without her Neighbour in Blakader. Go home, Go home, said Sir John Pringle to her, till you have your Neighbour with you. 'Tis more than probable, if this worthy Gentleman had not been present, they had caused Bessy to depone, contrary to the Judgment of the Synod. We leave to you, to make what Inferences you think fit from these two appearances of Bessy, and the very odd Circumstances relating thereto. Only in general, you clearly see, that what makes against Mr. K. they put it in­to their Register; but what makes for him, they suffer the Wind to carry it a­way. We could give you some hundreds of Instances; but shall only name this one for all. This day (15 Oct. 1695.) Sir J. Home of Blakader, a Member of the Synod, did declare in face of that Judicature, that he was not at home, but in the Fields a great way from his House, Tithing his Tenants Corn at that time; when the Libellers alledge he was in his Croser, and his stirring therein, parted Mr. K. and the Woman, struggling together. Now know, that Mr. K. as­ked Mr. Gaudy, Clerk to the Synod, if this so Solemn a Declaration of Sir J. H. [Page 93] was Recorded, or not; and found that it was not. Ay but, had it concern'd the other side of the House, it would not have been omitted.

We now go on to tell you, that the Synod adjourning about 6 a Clock, a Com­mittee sits in James Duncan's till near Mid-night; Mr. K. all that time waited on in the said House, expecting every minute to be called, but was not; nor the whole following day, the Synod, Committee, and Sub-Committee sat till 12 at Night. After Mid-night, Sir J.H. and Sir J. P. went to Stitchel, 2 Miles distant, and returned next Morning between 8 and 9, but before they entred the Church, a Fital stroke was given. The Synod had pass'd a Sentence, which has been since the occasion of much Debate, great Trouble, and vast Expence. If it had pleas'd their Wisdoms to have delay'd the matter, till these two worthy Gentle­men came, very likely things would have come to an Accomodation; for these two Gentlemen did what lay in their Power, both the said two Days and Nights to b [...]ng them to a happy Conclusion. And tho' they were exceeding weary (and no wonder) going to Bed about three a Clock, having Supp'd at two, yet got up betimes and drew a Paper before they came from Stitchel to be Subscribed by Mr. K. which certainly would 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.

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-ya [...]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 [...]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 [...]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 [...]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 [...] 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 da [...]e positively assert that the Synod, and its Committees had sit and [...]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 [...]a [...] 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, 'tis 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. 'Tis 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 [Page 59] 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 much worse in it, than perhaps you are aware of. See you not something wrapt up within its bosom, like Poison: Deadly Poison. 'Tis not much unlike the thing, which some call Couper-justice; first to hang a man, and then to appoint an Assize; to make Enquiry, whether or not, he deserves so severe a Punishment. We need not be at great pains to make Application; he that Runs may read, the thing be­ing as clea [...], as the Sun at Noon-Tide. The Synod, you see, by their Sentence declare M. K. unfit to Officiate, as Session-Clerk and Precentor; and yet they appoint a Committee to consider, whether he be guilty of such Faults, as render him unfit for the said Offices. Now, pray speak Ingenuously; Think you that these Men, who by their Sentence Pronounc'd, as they say, after Mature Delibe­ration, have declared him unfit this day, will by another Proclaim him fit to mor­row, contradicting the who [...]e Synod; and consequently Condemning both them and themselves as guilty of Injustice. All Judges, you know, ought to be (In Aequilibrio) in a state of Indifferency to Condemn or Assoil a man according as they find just cause for either of these: Whereas there is a kind of necessity laid on this Committee to adhere to the Sentence, which they have already passed. They have now a strong Byass to draw them to one of the sides. It will be aforc'd Putt and Stretch, to make them to Revoke what they have done in this point. 'Tis hard to Imagine, what answer can be given to satisfy any Indefferent Person in this matter. Perhaps you will say (yea, you must say it, otherwise it is not possible you can free your self from the abovementioned Preposterous, and Arse-ward way of giving men Couper justice) that 'tis not on the account of any Clause or Article in the Libel, that the Synod declared M. K. unfit for the said Offices, but for some other reason, which they thought not fit to name in their Sentence. This is to run out of the Dub, as we say, into the Mire, a thing far worse than the for­mer. By this means you condemn a man without either Libel, Citation, or Hearing: Nor will you tell him, wherefore you do it. O how will Po­stery stand Amazed to hear of such Wild Acts!

The most astonishing thing in all this Business is, that the Synod (at least by far the greatest part) did pass this Sentence, not knowing upon what ground they did it. Some of themselves told M [...]. K. since, that the Reason why they de­clared him unfit, was on the account of the Differences between the Kirk-Session and him: which thing, said they, we do not remember was ever so much as moved or tabled before the Synod, but only considered by a few in private. To this Mr. K. replied, 1. That it was a very great fault in these few leading Men so to impose on their Brethren, as to make them act blindly in a matter of such, Importance: and was also a sign of great weakness (to call it no worse) in these Brethren to be so easily imposed upon. 2. 'Tis an act, said he, of great Inju­stice to pass a Sentence on any Person without first hearing what he has to say for himself. You do not know, but Mr. K. could have instructed, that these dif­ferences between the Kirk-Session and him, had their rise from them and not from him: and to punish him for their Crimes is a most horrid Iniquity. And therefore he re [...]orted the Argument upon Mr. J. and his Elders; saying, they were more unfit for their respective Offices on the account of the great Differen­ces no only between them and Mr. K. but (which is far more considerable) be­tween them and the greatest part of the Parish; especially those of the best [Page 96] Quality and Note in the place. And certainly, if matters were well considered, it will be found that these Debates and Differences in the Parish do arise more from the wild carriage of the Members of Session, than from any other Person concern'd with them. The last Observe we shall make here on this Sentence, is Mr. K's sad Complaint, that notwithstanding he gave in to the Synod Rea­sons of Appeal, containing very many gross and palpable Faults, whereof the said Committee was guilty; yet no regard was had thereto, as it such a thing had never been; for they did not so much as once call for him, either to hear the said Reasons, or the Depositions of Witnesses read over. People are hugely a­stonished, when he tells them that he never once saw the Depositions, not heard them read over in his Life: and you know very well that a particular account of Circumstances does often make a business appear quite another thing from what it seemed to be at first view.

§ 27.

NOvemb. 12. 1695. This day Mr. K. was summoned at Mr. J's Instance to appear at one and the same moment before the Sheriff at Jedburgh, on the account of the said Brew-house or Vault, and before the Committee at Kelso, for an expression in his defence of the last Article of the said Li [...]e [...]. The words are; Mr. J. sitting in judgment with his Elders in a surprize, struck Mr. K. through the heart with a Thunderbolt from Heaven, or rather Hell, to wit, that horrid Calumny about the Woman in Blakader. An explication of these words you have in the Remark D. on the said Defence, Sect. 7. Answer to the 15 Article. Now let the world judge, how unreasonable it is, especially in a Minister of the Go­spel, to require that his Neighbour perform things which are simply impossible, viz. to be at one time in two places 6 or 7 miles distant. 'Tis a silly Answer to say, that he may be personally present at the one place, and by his Proctour at the other. To pass, that thereby he may sustain great hurt as to his Plea, and also be put to greater Expences. besides these two Reasons, we say, know that Mr. Ports Mr. K's Proctour was summoned also at Mr. J's Instance to appear at Kelso before the Committee for some Words he had spoken, that did not sa­vour well in Mr. J's Ears: so that Mr. K. was put to seek a new Proctour, and to inform about the particulars of his Plea. Thus to vex Mr. K. and to put him to much needless Trouble and Expence, is, it seems, Mr. J's delight and prea­sure. You will have more of this kind of stuff thereafter; but one piece you will find blood-red, like the finest Scarlet, dazling the Eyes to look on't. In plain terms, you shall see Mr. K. at one and the same time summoned at Mr. J's Instance, both before the Sheriff at Jedburgh, and before the Lords of His Ma­jesty's Privy Council, with about 50 Witnesses to depone against him, among whom was his Proctour, Mr. Potts. Of which Business in its place, Sect. 10. Par. 5. What name to give this so strange kind of dealing in Mr. J. we leave to the Judgment of others: whether to call it, a malicious Act, or an evil Design, &c. Call it what you please: certainly he designed little good to Mr. K. [...]e aimed to have a hit at him one way or other. But this day he was disappointed; for there was not a Quorum; only met 6 Ministers, without so much as one ruling Elder.

§ 28.

DEcember 3. 1695. This day, Mr K. was again summoned both before the Sheriff and Committee at Mr. J's instance; as also at the instance of the Libellers before the Committee: Mr. Potts also at Mr. J's instance before the Committee: Lastly, Mr. K. Baily Pring. and Mr. Potts, were all cited before the Committee at the instance of Mr. Tho. Thomson, Minister at Ednim. Mr. Potts went to Jedburgh, to defend Mr. K's Plea there: Baily Pringle could not attend, [Page 97] being hindred by business: so that Mr. K. behov'd to Act for them and himself also, in all the above mentioned Pleas. Being called in, he immediatly cast his eyes up and down amongst the Judges, and not seeing so much as one single Gentleman, or Ruling Elder, present of all his 5. that were appointed by the Synod; he asked the Mod. if all the Members, nominated by the Synod to be his Judges in this Affair, were duly Advertised to be present at this Meet­ting. After a pretty long silence, one answer'd, All our Presbytery were Advertised on our last Presbytery-day. [...]o were those in ours, said another. That's not enough Mod. reply'd Mr. K. Some might be absent that day; How were they advertis'd? But Mod continued Mr. K. The chief thing I desire to know, is, Whether, or not, these Honourable and Worthy Gentlemen, the Ruling Elders have got Advertisement? Such as My Lord Polwart, the Lord Mer [...]inton, Sir. J. Home of Blak [...]der, &c. To this Question, none giving a positive Answer, Mr. K. contin­ued thus; Mod. The Reason, why I enquire so narrowly into this matter, is, that I know certainly that the former Committee that sat in Spring and Summer last, met frequently without Advertising several Members, especially the Gentlemen; particularly that Grand Meeting, as to any Action, as of Sept. last, when above 30 Witnesses were to be Examined: at which time, not one of the Assistants were present, except Mr. Conden: And certainly, if these Worthy Gentlemen, had been at that Meeting, the many gross and illegal steps made that day, would not have been committed. And Mod. I must beg liberty to tell you, that I have too too much ground to suspect, that your Meetings are Pack'd, and made up on purpose to carry on an unjust design. Mod. I expect, and hope that you will pardon this freedom. I am so exceedingly concern'd in this Affair, that I am forced, I know not how, to speak many things much contrary to my Inclination. Not only my Fortune and Livelyhood, but that, which is far dearer to me, my Reputation and Credit; yea, I may say, my very Life is [...] ­stake. I can instance, Mod. several Gentlemen, that told they were not Advertised to meet the said 24 of Sept. particularly, Sir John Pringle of Stitchel. And if he, that lives so near, got no Ad­vertisement, much less would they get, who live at a distance. Sir J. Pringle, answered My. Glen, was then in England, either at London, or the Bathes. This Gentleman, reply'd Mr. K. that now speaks, is none of your number, and therefore ought to be silent; and, if he speak it ought to be Truth he says. I offer Mod. to Instruct, that Sir John Pringle was at home in his own house at Stitchel, several days before the said 24 of Sept. and particularly that day: And how can this he unknown to Mr. Glen, who lives, we may say, at Sir John 's very Gate, judge you. This day Mr. K. said the Mod. I advertised Sir John my self, as I came by, that we were to meet on your Af­fair. Mod. answered Mr. K You must pardon me, to say, that that is not a due and timous ad­vertisement. Members, especially Persons of Honour, such as he is, ought to be acquainted by a Letter some day▪ before the Meeting. Who knows, Mod. but Sir John might yester right appoint to be this day with some Persons about a business of Concern, which tie like, if he had been timously advertised of this Meeting, he would have delay'd till another time. After some Reasoning to this purpose, Mr. J's and Mr. Thomson's Libels were read, to which Mr. K. gave this Return, viz. That neither Bailyff Pringle, Mr. Potts, not he were obliged to answer the said Com­plaints in regard they were a part of the Process, which now by Appeal is lying before the G. A. in matters Ecclesiastical, and before the Judge Ordinary in Civil, as the said Appeal and Instruments taken thereon, at more length bear. Mr. J's Complaint or Libel against Mr. K. is, for the Expession above mentioned, in his Defence to the last Article of the said Li­bel. That against Mr. Potts, was also for some Expression, that seem'd unsavory in Mr. J's ears, which Mr Potts had spoken in time of Pleading before a Committee. Mr. Thomson's Li­bel against all three, was, for Asserting in the Reasons of Appeal on that famous 24 of Sept. Sect. 27, Reason 10. Obj. 3. that he prevaricated, or spoke that as a truth, which he knew was false▪ of which business you have a particular Account, Sect. 3.

§ 1.

IT were tedious to set down every particular, that past before these Judicatures; to say nothing of private Conferences. We shall therefore only give you a brief touch of some Material Points. Know then, that Mr. K. according to Custom, gave into the [Page 98] Committee of bills a Petition, complaining of the Injustie done him by the Church-Judica­tures, mentioned in the former Parts of this Work, and seeking to be re [...]ress'd of the same by their Wisdoms. With this Petition was also given in the Protestation taken before the Sy­nod, 17 Ost. then last, containing the Reasons of Appeals. These two Papers being read, the business was recommended to 4 or 5 Ministers, in order to [...]pea and prepare matters: Time and Place being appointed for Parties to meet with these Minister. Mr. K. punctually ob­served the Diet [...] but not so much as one of the other Party came to the Place appointed That their meeting might not be altogether in vain, these Ministers desired Mr. K. to give them some account of the Affair: And that they might be assured of the Truth of what he said he produced a vast number of Authentick Papers. After two full hours, poring into Matters, these Gentlemen told Mr. K. they had enough of it for that time; more, than their memories could well retain. Next day, Report being made to the Committee; viz. That is was a mighty reasons and intricate Affair, and would require a long time to consider all Particu­lars. It was again recommended to these same Ministers with some few more added to them.

Mr. K. faild not to keep Diet; but none of the other side came. Their Excuse was, that Mr. J. being to Preach next day, could not wait on. After some Conference with Mr. K. they appoint him to meet in that same place on Monday, precisely at eight a Clock in the Morning; and they would advertise the other Party to meet all. Accordingly Mr. K came, and after he had waited above an hour, looking every minute for Mr. J's coming, but all in vain; at last two of these Ministers and he, went to his Chamber, where after some little debate, between Mr. J. and Mr. K. Whether the Appeal had fal'n, or not; of which matter, you will hear more fully within a little. M [...] K. being removed, these two Ministers and Mr. J. had a pretty long Conference.

§ 2.

THe Committee meeting at 10 a Clock, and Report made, Mr. J. began thus: I desire, said he, Mod. to know how this Affair comes in before this Judicature. By way of Appeal, answered Mr. K. Appeal! replyed Mr. J. I remember, there was something like an Appeal made; but that's fal'n, in regard the Reasons were not given in to the Mod. and Clerk of the Synod within 10 days, according to an Act of the G. A. The Reasons, answer'd Mr. K. were given into the Synod Instanter, at the making of the Appeal, as Instruments expresly bear, so that it had been superstit [...]ous to have repeated the same Reasons thereafter. Mr. J. still urg'd, that the Act of the G. A. does expresly bear, that two Doubles, or Copies of the Reasons of Appeal be given in Writing, the one to the Mod. the other to the Clerk of that Judicature, from which the Appeal is made; and that within 10 days. To this Mr. K. gave Answer, Dying▪ [...]od. That Act of the G. A. was made in favour only of the Appellant; and that in Case he has not his Reasons in readiness at the time he Appeals: therefore it is that he gets 10 days to repare and give Copies thereof to the Mod. and Clerk. But supposing he has them ready at the Minute when be makes Appeal; pray, Mod. what need is there, that he keep them 8, 9, or 10 days, and then travel up and down the Country, perhaps 20 or 30 Miles East and West to find the said Mod. and Clerk? In this case you make an Act, which is made for a mans advantage, to tend to his hurt and damage Is it not far more agreeable to sound Reason, and to the Principles of Justice and Equity, that he free himself, if he can of needless trouble and expence? Which thing may be easily done, especially where the reasons of Appeal are very few, and strong, as in the present Case. Have you no more Reasons, than what are mentioned in your Instrument, said the Moderator? Tho' I had no more, answered Mr. K. but what are in that Instrument, 'tis sufficient to make me refuse to comply with the Sentence of the Synod. Is not this enough, Mod. that I can instruct, that the said Sentence does strike against the Honour, Right and Interest of the Earl of Rox, and it hugely preiudicial to my self, by quite razing and destroying the Contra [...]t made between my Noble and Worthy Pa [...]ro [...]s and me. [...]ut Mod. conti­nued Mr. K. if I had met with that Justice and Equity, which Law allows me, 'could have given you far more Reasons, than what are contained in that Instrument. If the Synod, I say had order­ed or permitted their Clerk to give me the Double of the Process, particularly the Depositions of the Witnesses, you should have had a good store of Reasons, and perhaps such, as hardly [...]he like ever before this time were given by any person. Pray, Mod. further, said Mr. K. Whence shall I have my Reasons of Appeal? Shall I seek them out of Virgil, or Horace? You will not [...]e them there indeed, answered one. Certainly then, rely'd Mr. K. I must have them from the Process; either as to the iniquity of matter, or illegality of form. One of the Members desired the Mod. to ask by what Law, Mr. K. crav'd the Extract of the Depositions of Witnesses. By Act of Parlia­ment, [Page 99] answered Mr. K. citing the 18 Art. Sess. 2 Parl. K. J. 7. in that Act, replyed one, relates to Civil matters only. With this Gentlemen's l [...]ve. [...]od. answered Mr. K. [...] well to Ecclesiastical, as Civil matters, [...], 'tis a Maximin Law; Ubi let non distingui, nec nobis [...]istinguendum. That Act of Parliament is in General, an [...] therefore [...] to [...] the Judicatures in this Kingdom; as well Ecclesiastical, as Civil. And i [...] sides, Mod. [...], that any man give me a just and satisfying Reason, why it should hold [...] to Civill, and [...] Ecclesi­astical Judicatures; yea, on the contrary, if any Moderation, Favour [...] or Clemency, may or should be granted by Judicature, the Church, are would think, ought to be more ready to do it than the State: But Mod. 'tis not a favour I seek; 'tis what Justice Equity, L [...], and [...] Did you not take Instruments also, said the Mod. in the hands of the Clerk of the Synod, when you Appeal'd? That I never fail'd to do, answered Mr. K. when I [...] Instruments is [...] Publick No [...]ar, and with this he produced the Instrument; which being read, and [...] with the other, they di [...]'d in some things. Whereupon said the Mod. [...] do not quadrate. They do not contradict are the other, answered [...] K. That of the Clerk of the Synod is not indeed so full and particular as the [...] Mod. [...] tell you, [...] given me it in the words [...] took M; with thing [...] one, he accus [...] the Clerk of the Synod of justice. [...] Mr. K. [...] Instrument do [...] indeed. What, said that Gentleman, the Clerk of the Synod, [...] [...] ­ster of the Gospel, is far rather to be [...] Mr. K. This Gentleman who spoke l [...]st [...] Instrument under the Pub­lick Notar's hand ought to be of more faith [...].

[...] ▪ The Publick [...] of the Synod. 2. Four Famous [...] o­ther [...]as not and Witness. 3. What the Publick [...] a thing was [...] ▪ Whereas that of the Clerk [...] Mod. that [...] Affirming Witnesses [...] more Faith, than [...] is a Party and only as a Member of the Synod, but in [...] especially [...] of Kelso, against [...] the Head No [...] Minister [...] by [...]hat Right we laid [...] to the Offices of being [...] ▪ By that [...] Right, answerd Mr. K. [...] to [...] Office of being [...] and with this he offered to [...] of Roxb. power to [...] Session hold [...] others concern'd in the Parish, have power to [...] the same this Hundred years by-gone; that is to [...], if the [...] and others present a Person [...] qualif [...] for the Offices under debate he ought to [...] install [...] no [...] is it in the power of the Kirk-Session (especially such an one, as that in Kelso i [...]) to reject him or to put a other in his room. This has been the Constitution in that place, notwithstanding all the Revolutions in Church and State, past memory of [...]ny Man living; and was never call'd into Question till this ho [...]r. Every Judica­ture, reply'd Mr. Monterieef▪ has power to choose their own Clerk. This Gentleman (an­swered Mr. K. not then knowing, whether he was a Minister, or Ruling Elder, he apearing somewhat Sparkish) seems not to be very well vers'd in the Judicatures of this Kingdom. E­very Judicature has power, saith he, to choose their own Clerk! Mod. The High Coun [...]l of Par­liament has not▪ The Lords of Privy Council have not. The Lords of [...]ession have not. No Sheriff, no Commissary, that I know has Poker. These are all Civil Judicatures, re­plyed the Mod. or some other of the Members; for Mr. K's memory could not [...] home to Mr▪ Chamber every particular or circumstance of this kind, nor was he [...]o [...] to mind, who spoke, as what was spoken. With your leave, answered Mr. K. They are [...] at all Civil. The Commissary is rather an Ecclesiastical Judge. [...]ut Mod. [...], I shall pass these Courts, and come nearer home, even to your owne door. Know [...] the Kirk-Session of the City of Edenb. has not power to choose their own Clerk▪ The Magistr [...] do it. Yea, they sell that place: and got 50 [...] Marke Scots from Mr. William Henderson for it▪ and at this day pay him 300 Marks a year, because he is put out of that Office [...]. And to my certain knowledge, the Magistrates of Li [...]go place the Session-Clerk in that B [...]rgh; son in my time M [...]. Seton Minister there was fully resolved to settle in that Office, Mr. James Nicol. one of my School-Doctors after the Death of Will. Bizor. and had ordered him to Pre­cent on Sunday, as a tryal. But Bailyff James Smith sent him word, that if he went up to [Page 100] the Precentor's place for such an end, without Liberty from the Magistrates, he would cause to pull him down by the Neck. In Ha [...]inton also, the magistrates put in the Session-Clerk and [...]ce [...]torn to name no more [...]. Not one Member offering to give any return, M [...] K. spoke further, thus; Mod. I humbly beg liberty to [...] you, [...]hat this business under present debate doth not bo [...]ing to this Judicature. 'Tis a [...] Plea depending before the Lords of Coun­cel and Session. Lo. Mod. there a the Process, shewing to th [...] Committee a Declarator, with the Sa [...]ons and Execu [...]ons, seen and return'd, being only quoted by Advocates on both sides. He further added to this purpose him not so much concern'd as the Earl and others; my righ [...] is but [...], and temporary, being derived from my Noble Patrons during my time, which may [...]d very share. And, therefore I crave that you forbear to enter upon this Point, which in stated before another Judicature, to which properly it belongs. We will not meddle with th [...] Earl's Right, reply'd the Mod. 'Tis a common mistake Mod. continued Mr. K. to think that the Office of Session [...] is purely Ecclesiastical; whereas the Recording of Baptisms and Ma [...]ing [...] frequently the ground and foundation of a Civil Plea, and that wherein the Sentence [...] a Civil Judge, especially a Commissary lays great stress. A famous instance might b [...] given about Mr. Christ [...] or of Medicine, who was Married 1639, &c. The Cir­cumstances of which Plea [...] to be here related. Mr. K being removed and cal­l [...]la against Where [...] Mr. K. sake the Mo [...]. (a very Descreet, and Ingenious Gentleman, Minister [...] deliberately in this Affair; and therefore we will take the Aduice of [...] Immediately two Members of the Commit­tee of Bills are sent with Mr. K. to the Committee of Overtures, which was then s [...]ing. One of the [...] two Members [...], a Minister in Arg. (if Mr. K's memory fail [...] of whom you will heal in the followin G. A. [...] 16 [...]7 [...] this Affair at this time, turned the Current an­c [...]e [...] way, than whether it was like to him, as [...] will hear in its proper place Sect. 6. [...] [...], the Advice of the Committee of Overtures was, that a Sa [...]-Committee should be chosen out of both these Committee to sit that night and Consider matters, which a [...]d­ingly was alon [...]. Whether many of the Adverse Party was present, or not, Mr. K. cannot in­formed be was not [...] in general, that they were all much pa [...]d with the business, finding the Arguments he had used un-answerable. And therefore a Report [...] his streeting being made to the Committee of Bills, and Mr. K. call'd in; the Mod. spoke thus [...] [...]e glad Mr. K. to be quit of your Affair. You are no more to be before us. Your bu­siness is ans [...]ed to the Assembly. I heartily thank you, Mod. replyed Mr. K. for the pains you have taken in by behalf and it humbly, beg you all pardon for the great trouble have give you And thus he parted with that Judicature for that year. Next Jan. by another Appeal, he returned again to that same Judicatura; that samed we say in name, but made up, at least for most part, of different Members whereof (some as you will bear) were pretty rude, and indiscreet to him: and therefore to tame them a little, be carried them down to Hell, and caused them to go round the whole Confines of Eternity, which made them to set as mu [...]e as Fish. Sect. 6. Part 5. We had not a fit occasion to tell you, that the day after Mr. K. had the debate before the Committee of Bills about the Session-Clerks place, some of the Members told him in face of that Judicature, that the pre­sent Magistrates of Lithgo had quit their Right of placing the Session-Clerk and Precentor, and put it into the hands of the Kirk-Session. To which Mr. K answered, that it was not his Business to en­quire, whether that was so or not; nor upon what Ground it was done. And grant it was so; it does not follow, that the Earl of Roxb is obliged to cede from his Right because the Magistrates of Lithgo have parted with theirs, and who knows, but their Successors may recall, what they have done A. Remark on the Direction of Mr. K 's Petition. Mr. K. was challenged, tho' not directly, yet openly in face of the Committee of hills by two or three Brethren, that his Petition was not di­rected after the ordinary Form. He not being spoken to by the Mod upon that Head, nor directly challenged by these Ministers, opened not his mouth, not knowing well what they meant In private he asked one whom he knew he might be free with, what the matter was, 'Tis, answered the Gen­tleman, because you direct your Petition, To his Grace, His Majesty's High Commissioner, and the Reverend Mod. & an Whereas other Petitions run only, To the Reverend Mod. &c. For, you know, they look not on the Commissioner as an Essential Member of the Assembly, in regard he gives not his Vote. Mr. replyed Mr. K. I will not at present enter upon that debate, Whether he be an Essential Member, or not. All I say, is, that his Grace sitting there, as representing the King himself, I humbly conceive, he ought not to be passed by, as a Cypher, or a Person not to be regarded; Yea, [Page 101] were it for no other reason, yet methinks, on the Account of good breeding, one in so super eminent a Station ought to be taken notice of in the First place.

But, Sir, I have more to say for my self upon this Head, than perhaps others will pretend to. You see, by my Petition and instrument, that my Plea is partly Ecclesiastical, partly Civil. Now, Sir, I must tell you, to my sad Experience, that the Church has already dipt too far into the Civil part of my Process. They have far transgress'd their bounds, and got over the Hedge into their Neigh­bour's Fields▪ This, Sir, you saw, I did hint at before your Committee. But, if my business come to be debated publickly before the G. A. as I hope it shall, I will be necessitated to be more plain Now, Sir, you know, that it is the Office and Duty of my Lord Commissioner to see that ye keep within your own Bounds; and that by no means ye encroach upon any man's Right and Property: and if his Grace should find that ye attempt to transgress your true Limits, he can cuth you, and order you to retire, which if ye refuse to do, its in his power to dissolve you Mr. Kirkwood, said the Gentleman, that's a very thorny Theam: we will let it alone at present. I shall be glad to dis­course at large upon it with you at a more convenient time. I know very well, that there are many good and learned men of your judgment; but 'tis as sure there are some among us, who think otherwise. The great difficulty is to aright to ride the marches, as we say, between Church and State. We often [...]ide them, answer Mr. K. as the Scots and English did in the days of our Predecessors, sometimes we broke in vpon them with fire and sword; at other times they did the same to us. 'Tis a very fit comparison, reply'd the Gentleman; I have often found it so. And with this, Company coming in, they were necessitated to break off that Discourse.

§ 3.

THE Committee of Bills by the Advice, as you heard, of the Committee of Over­tures, having transmitted this Process to the G. A. and they being to rise that same day it came in before them, referr'd to the Commission, which sat down 7th Jan. 9 [...]. On which day Mr. K. gave in a Petition. [...]destly begging, that they would either imme­diately fall on his Business, or else send him home to his Charge, appointing him a perem­ptory time, when to return. By the way know, that tho' Mr. K. all occasions, press'd hard for dispatch on the account of his Employment, yet his Affair seldom, or never came in. but with the last. Home he is sent at this time, and order'd to return 4th of March thereafter; on which day precisely, he return'd. As to what was done on the said 4th of March, and two days thereafter in Mr. K's Business at Edenb. before the Commission, we refer you to the 18, 19, 20, and 21 Paragraphs of that Paper, given in to the Synod at Jedburgh, Sect. 13. Tho' the account there given be far from being full and compleat, yet we shall let it pass as such, because we shun Repetitions. So now at length, we return back with the Pro­cess to Mers and Tiviotdale.

§ 4.

AT Kelso, Jan. 28 and 11 Feb. 96. Tho' this Plea was depending before the Commis­sion at Edenb. by a Reference from the G. A. as is above-related, of which thing, if you have any doubt, you may see it in their printed Acts; notwithstanding, we say, that this Process was duly and legally, after much debate and consideration, transmitted from the Committee of Bills, and that by the advice of the other Grand Committee of Overtures, to the G. A. and by that Judicatures referr'd to their Commission, and there formally Tabled by a Petition given in, and accepted as such; yet Mr. K. is again and again cited to appear upon that same head before inferior Judicatures at Kelso. But it fell so out, that in neither of the said days there was a Quorum; only Mr. K. went into the Church, and having produced his Summons protested for Cost, Skaith, and Damage, and Remeed in Law, as Instruments at more length bear.

§ 5.

AT Kelso, 17 March, 96. You may remember, that the Synod (17 Oct. 95, Sect. 30, Part. 3.) by their Sentence declared Mr. K. unfit to be Session-Clerk or Pre­centor, and an allow'd the Kirk-Session to put in a fit person in these Employments, until the School was provided with a qualified Doctor for the said Offices. Now, tho' Mr. K. thinks he had and still has just ground to complain of this Sentence, as you have heard, and will further hear afterwards or yet that he may go along with them, as far as Law, Reason, and Conscience will permit, he notwithout much Trouble and Expence having provided a per­son well qualified for the said Officers, gave in to the Presbytery of Kelso the following Address.

Rem. Know that Mr. K. in all the steps of his Process (except his pleading before Judica­tures, did still act, by the Advice and Concurrence of Persons concern'd in his Affair, and particularly as to this present Address, he was advised to give it in either to Presbytery or Ses­sion, which of the two first met, in regard the Sentence of the Synod expresly hears, that the Session and Presbytery were to try and approve that Person, who was to Officiate as Session-Clerk and Precentor. ( Sect. 30. Par. 3.) So that not only Mr. K. but others also thought it a matter much indifferent, to which of the two Judicatures they should make Address; especially since Mr. J sat in both. And suppose it was some little mistake, yet it was not a Fault, much less a Crime: And besides, it was very easily help'd, [...]ly by telling Mr. K. that it ought to be given in to the Kirk-Session. Certainly he had done it with the first Opportunity. But you see the matter carried forward to the Committee and Synod; where, as Mr. K. was inform'd, 'twas c [...]oak'd by Mr. J. as soon as it was motioned. In a word, Mr. K. never once heard one Syllable of it after that day he gave in the Address, Fur­ther know, that Mr. J. would not have suffered Mr. Lickly to pe [...]form the said Offices: for, when he went away to Sir William. Baird of New Baith, to Teach his So [...]s, he flatly refused him a Testimonial. We must not here wrong Mr. J by concealing the Reasons of his refusing. One, we confess, was a very heinous Crime: for about 10 days, after Mr. Lickly came to Kelso, there being no Sermon in the Kirk in a very tempestuous Day ( Dec. [...]) the stranger, a No [...]blin, not so strait lac'd, you know, as we in the South, sla [...]t into the meeting-house to hear the Curate Preach. The other fault was a Privative one; no real guiltiness in the young man▪ but rather a kind of Fatal necessay. which was that he brought no Testimonials with him of any worth. One he had from the Curate, or, as Mr. J. calls them Incumbent, under whom he officiated for some Years as Ses­sion-Clerk and Precentor, and School-master of the Parish in which he was born, and had liv'd from his Infancy, except the time wherein he was a [...] A [...]erdean College; and for that he had a very ample Testimonial from the University. Yet both these were so mighty tastless to Mr. J's Pallate, that he spit them out of his mouth, as if they had been cover'd over with dung. Lastly know, that one Mr. J. Forrest, successor to the sai [...] M [...] Kickly was treated after the same manner by Mr. J. tho' he did not pretend he had the least fault imaginable to charge him with: only because he had not 1 Testimo [...]ial from one of his Communion (so Mr. J. did word it) tho be had a very ample one subscribed by Mr. J. Grub, Minister, M. J. Strang Sess Cl. Al. Craig, and Da­vid Smith Elders, in the Parish of, Finneven, alias Out [...]ovv in Angus, in which Parish the said Mr. Forrest was born, and had lived all his Life, except while known at the College of S. Andrews. Now good Reader, consider the matter seriously▪ From whom [...] in the world could Mr. Forrest have a Testimonial, but from those he got it? Is it not therefore great iniquity in Mr. J. to refuse Testimonials?

§ 6.

KElso ult March, 96. This day Mr. K. appearing before the Committee, and Seeing only 9 Members present of 26, that were appointed, which number made indeed a Quorum; yet still, as he had just ground, suspecting a pack [...], Meeting, said to the M. he humbly desir'd to know, whether, or not all the Members of that Committee appointed by the late Synod to sit and cognosce about his Affair, were advertis'd, that this day they were to meet upon that head. The M. answer'd; [...]e knew not. M. reply'd Mr. K. I must humbly beg your pardon, if I be earnest and pressing in this Point. 'Tis a business wherein I'm highly concern'd. And besides the present Circumstances require that I be inquisitive in this matter. This I lea [...] having by an Appeal been carried before the G. A. by which judicature, after many hot debates before its Committees, it was referr'd to its Commission; by which, after no small debate, it was sent back again to be cognosc'd by you. Now, I Say, Mod. Seeing so weighty and considerable a Circumstance (if a passage of so high a Nature may go under so mean a name) has hapned in this Plea, since it was be­fore this Judicature; Is it not most rational; Yea, I may say, absolutely necessary that all these, who are appointed to be my Judges, be advertis'd, that the Process is again return'd to be judged by them; and that this day they are to meet to consider the said Affair. And, Mod, that which makes me the more jealous of their not being advertis'd is not only, that your meetings are thin, and very unfequent, the bare Quorum; but often short of that, as the last two, in neither of which there was one. I must therefore again take the freedom humbly to crave to know, if all the Members be advertis'd, especially the ho­nourable and worthy Gentlemen. Mr. Wilson Minister at Melros, one of the members reply'd They were not oblig'd to answer any such Question; and to ask such Questions was a Sal [...]n­i [...]al Design in Mr. K. and his party, and ought to be lookt on as such▪ Immediately Mr. Glen. Minister at Stitche being present, tho not a Member, cry'd out, that what Mr. Wilson had spoken was truth, and he won'd back it, and own it, tho not a Member. Upon which opprobrius Expressions of Mr. Wilson and Mr. Glen, M. K. took Instruments, not only in the hand of the Clerk of the Committee, but also in the hands of a pubick Nota [...]. After these Instruments were taken. M. K. spoke thus; M. said he, What th [...]se two Gentlemen call me, or say of me, I do not much value, tho' their words be pretty severe and biting, in that they as­sert with the hight of confidence, that I have a Satanical or devilish Design by asking such questions; which thing neither they, nor any man on Earth is able to instruct. But that which does exceeding­ly amaze me, and may justly do all that hear th [...] same, is, that they say, my Party has a Satanical de­sign by my question; a very strange and unaccountable business. I think, M. they ought to speak with greater respect to those of my Party, the most noble E. of R. and his Lordship's most honourable Cu­rators, the Marquis of Tweddale, [...] high Chancellor of Scotland, the Countess of Roxb. with many other persons of great Dignity, all concern'd in this Plea, and have their Commissioners here present to act in their name. Immediately Mr. Wils. and Mr. Glen flatly deny'd, that they spoke of M. K 's Party to the great admiration and stumbling of a vast number of Spectators, particularly of the five Persons, that are witnesses to the protestation in the publick Notar's hand. Mr. K. being re­mov'd and call'd in again, Mr. Gaudy, Clerk to the said Committee, press'd him very hard to receive back the Instrument-money; but he positively refused to accept it: whereupon it was laid down on the Table; and after an hour and an half, given out of Mr. J's hand, to W. Bell Kirk-Officer A few days thereafter, Mr. K. having a publick Notar by him crav'd the Ex­tract of the said Instrument from Mr. Gaudy, who answer'd, that he was forbidden by the said Committee to give it, whereupon Mr. K. took Instruments. This day also a Libel was given in by Mr. J. against Mr. K. upon two heads. Of the one you have already heard, Sect. 33. P. 3. and elsewhere. The other is, that in his Petition to the Synod, 19 March, 95, He chargeth the Kirk-Session as Forgers of Hellish Calumnies, to divide him and his Family; of which also, you have an account already. Sect. 7. Art. 1. Part. 3. Mr. K. crav'd up this Libel, but it was refused him; whereupon he told them, that he found it to differ from what it was for­merly; and 'tis like, said he, if it come in again it may appear in a third shape. He answer'd in general that bo [...]h these points were parts of the Libel or Process, and therefore must come in therewith; the one in the first Article of the Libel, the other in the last; of which, Sect. 7. Part 3.

§ 7.

AT the close of this day; Action, an additional, or new Libel was presented to the Committee; but Mr. K. got not a sight of it for several days, after the Commit­tee was risen: nor did they so much as let him hear it read; otherwise it is like he had ap­peal'd [Page 104] from them, as going beyond their Instructions: for by the Sentence of the Synod-above mentioned ( Sect 30. Part. 3.) they were only to consider the Libel already exhibited. This new Libel is usher'd in with a Petition to the Committee: after these two Papers follows the Committees Sentence or Interloquitor, without hearing Mr. K. speak one single word upon the head, or suffering him to see, or know upon what ground such an Interloquitor passed. These three Papers, viz. The Petition, the new Libel, and Interloquitor of the Committee were de­livered to Mr. K. four days after the rising of the Committee, not without great Ceremony. They were sent by Mr. J. with his Officer, who was most peremp [...]orily prohibited to give them out of his hand, till he got a Receipt from Mr. K. He as positively refused to give any such thing under his hand: but bid the Officer bring with him as many Witnesses as he he pleased to attest the delivery of the said Papers: Or if he thought not that sufficient, he might call for a Notar Publick, to take Instruments upon the head. Back he goes to Mr. J. and tells him Mr. K's words; and within a little returns again with two Witnesses at his back, hearing a new Commission. I am order'd said he, by Mr. J. to deliver these Pa­pers to you, providing you give me a Receipt; which if you refuse to do, I am commanded to take these two Men witnesses of your refusal. And I take them Witnesses, answer'd Mr. K. that I am both willing and ready to receive them from you or any man; but will not give it under my hand, because it is not the Custom in such cases. Was it ever heard, that any man gave Receipts for Summons, Libels, Sentences, or the like? Back again he runs, and gives Mr. J. an account of his diligence. Presently an Express is sent to Mr. G. at Sprouston for advice, how to carry in so important a matter. To conclude, within 2 or 3 hours the Officer returns, and delivers the Papers, with some little Apology. The said 3 Papers following in Order.

The PETITION. To the Right Reverend the Committee of the Synod of Mers and Tiviotdale meeting at Kelso; The humble Petition of J. Thomsom, W. Christy Mich. Fisher, J. Laid­ly, John Thomson.
§ 8.

THAT the Petitioners did long ago exhibit to the Presbyttery of Kelso, with as­sistant Members of the Synod, a Petition against Mr. J Kirkwood, and a Libel, containing divers Articles; some part whereof is Notour; some confess'd, and some prov'd, which they humbly conceive sufficiently discover him to be a Person unworthy of the Office of a School-Master, especially in this place, as may appear by the Brief or Summary of his ill Deportment hereunto annexed. But understanding, that some things in the said Libel are not fully prov'd, which the Petitioners humbly conceive hath been by reason, that some Wit­nesses, who were adduc'd for Probation, were not examined; others were not fully examin­ed, Interrogatories proper for discovering the truth not being put to the [...]; and others not appearing, who were summon'd.

May it therefore please your Wisdoms (in Consideration of what is here contain'd in the Paper an­nexed, together with the great Damage sustained by this Town and Parish, through the want of a School-Master, to Educate their Children in Piety and Learning; as also the Influence that the said Mr. K. hath in creating and fomenting Division and Differences in this place, to the great discouragement of our reverend Pastor, and obstruction of a Gospel Inter [...]st) ei­ther to proceed without further delay to censure him according to the demerit of his offences or, if any doubt remain, as to any particular necessary to be proved, to direct Summons to such, whose names shall be given, to appear the next Dyet of your meeting, that they may be examined for your further clearing in that affair, and we shall ever pray, &c.

The addititional, or now Libel. A Brief Summary of what is either Notour, or extracted out of his own Papers, or the Depositions of Witnesses against him, humbly offered to the Consideration of the Committee of the Synod by the Libellers.
§ 9.

AR [...]. 1. That the School is under a great Decay, and almost broken, and unlikely ever to recover, while he is in it, by reason of the evil Fame he is under, and the not profiting of Children either in Learning, or Religion under him. A. 2. That he entred without the Approbation of the Presbytery, never having presented any Grant by the E. of R. and his Curators to the said Presbytery; not having been tryed by them, as he should have been according to the Act of the G. A. 7 Feb. 1645, and the Act of Parliament, June [Page 105] 12, 1693, and divers others. A. 3. That he hath no Testimonial from the Kirk-Session, or Presbytery of Lithgo, where (there is cause to believe) he was very offensive to all fearing God. A. 4. That the bad Fame he is under by his own Confession, and raised by himself, not without presumption of Guilt in the Matter concerning the Woman with Child; and from which he never purged himself, is sufficient, if there were no more, to render him uncapable to be a School Master in such a considerable Place as Kelso; and will render him contemptible to his Scholars, who are not ignorant of it. A. 5. That he is a Man of cor­rupt Principles in matters of Religion, as his Book, and Deposition of Witnesses do declare, which incapacitates any Man from being a School Master in a Reformed Church, where Children should have a Religious Education. A. 6. That by the Deposition of Witnesses, it is plainly manifest, that he is a Man of a profane Spirit, which cannot but be very influential to the corrupting of Youth in their Morals, who are under his Education. A. 7. That it is plainly prov'd; yea, and notour, that he hath no Authority over his Scholars, to keep them in good Order. A. 8. That he is much addicted to lying, and self-contradiction, as may ap­pear by his Information to Sir J. Home of Blakader; and the false Information he hath given to the C. of Roxh. to incense her against the Ministers and Elders; and the false Information he hath given to many others; and the Contradictions, that are in his Papers, and between his Informations by word, and his Papers and verbal Confession. A. 9. That he is guilty of manifest Slanders, both against the Minister and Elders, as by his Papers may appear, by reason whereof he can never be an useful School-Master in this place, there being cause for all well-affected to with-hold or withdraw their Children from his School. A. 10. That he has manifestly combin'd with the Party which opposeth a Gospel Ministry in this place, and is Clerk to the Curate for Clandestine Marriages and Baptisms. A. 11. That his behavi­our hath been most insolent and unbecoming before the Judicatures of the Church upon se­veral occasions, when he hath been call'd to appear before them, as hath been observed by all Beholders. A. 12. That he doth what in him lieth to be vexatious to the Minister, by Summoning him before the Lords; and also by Summoning him to the Commissary Court, and by Petitioning the Bailyff to settle him in the Profits and Emoluments belonging to the Precentor and Session-Clerk, and that since the Sentence of the Synod against him. A. 13. That he hath most maliciously and grosly slandered the Reverend Mr. T. Thomson (in his pre­tended Appeal to the Synod) as a Prevaricator and a Lyar. A. 14. That he hath malici­ously, without any Cause, arrested Mr. J's Stipend, in the hands of Sir W. Ker, and the Chamberlain, after a Charge given to them for the Payment of it, notwithstanding that he knew well, that Mr. J. had never received a Farthing from them, nor their Tenants, since he came to Kelso; and that they were obstinately resolv'd to with-hold it from him. A. 15. That he hath run to such a Hight of malice, as to procure the Minister and Elders with the Precentor, and his Landlord, to be stag'd before the Baron-Court of Kelso, and to be dealt with in a most unjust and inhumane manner, as is Notour to the whole Country, having before threatned the same. A. 16. That notwithstanding all his former Pursutes and Practises aforementioned, to be vexatious to the Minister and Elders, and that the Me­nister had given in Caution to the Clerk of the Session for answering whatever should be de­creed concerning the Emoluments of Session-Clerk and Precentor, as by the Order of the Lords of Session for loosing the foresaid Arrestment may appear; yet he took out Letters of Inhibition against the Minister and Elders, and serv'd the same against all the Elders, to their extream Vexation; whereby 'tis manifest, that he makes it his Business to disturb the Peace of his Neighbours, and to obstruct the Success of the Gospel in this place. A. 17. That he hath indust [...]ously handed about a most scandalous and malicious false Libel against the Minister, giving it out in Town and Country, that he was to exhibit the same to the Pres­bytery against him▪ whereby he hath made it his Businnss by his Lyes and Calumnies, to destroy his untai [...]ed Fame, and to expose his Ministry to Contempt.

§ 10.

BY the right of Order, the Answer to this Libel ought to follow; but, because that was not given in to this Committee; yea, nor to any Judicature vvhat­somever before this hour, tho' it vvas alvvays ready at a Call, vve shall first put an end to this days Work, by giving you here the Sentence or Interlequitor of the Committee, vvhich they pass'd not only vvithout hearing Mr. K. speak one Word on the head, but vvithout his knovvledge; for, as is above related, he got not these Papers till 4 or 5 days after their rising.

§ 11.

WE are here to make some Answer to the abovementioned Petition and Libel; but such you must take as we can give you, being most unjustly deny'd the means and help, that Law not only allows, but enjoins to be given us, 18 Act. K J. 7th Sess. 2 Parl. 14 June 1686, expresly appointing the publication of the Testimonies of Witnesses.

An Answer to the Petition and Paper annexed thereto, given in against Mr. K. to the Com­mittee of the Synod, sitting on his Affair, last of March, 1696.

BEfore we make any particular Answer, let us observe in general. 1. By these Papers 'tis most evident to all that see them. That the Libellers (or rather Mr. J. Composer thereof) have had the use of the Process, particularly the Depositions of Witnesses, which discovereth great par­tiality and injustice in the Judges who positively refused the like Benefit to the Defender, tho' Law and Reason plead for him; and tho' he most earnestly, and that frequently by way of Instrument has crav'd that Favour, or rather Justice of them. 2. It evidently appears by the said Papers, that Mr. K 's Accusers are become (as 'swere) his Judges; yea, have already given out Sentence against him. Some things, say they are Notar; some confess'd by himself; some prov'd by Witnesses: Hence they infer, that he's unworthy of the Office he bears. Whosoever seriously considers this whole Affair, can't but stand amaz'd thereat. All the Divines in Mers and Tiviotdale, with an equal Number of very knowing and worthy Gentlemen (for most part) the ruling Elders (not to mention Correspondents from other places) have met in Synods, Committees, Sub-Committees, 20 or 30 times about this Business, and have considered it with all the advantages imaginable, as to the Li­bellers part, yet could not find ground for a Sentence against him: And certainly never were men (we mean the generality only) more desirous to find a fault in their Neighbour, than they are. An evidence of this may appear from a Proposal one of the great Champions amongst them made be­fore a Committee, after the Business had been canvass'd by a Synod, 2 days, and most part of 2 nights, and yet no ground could be found for a Sentence. Come, said he, since we can't have two concurring Witnesses for one Fault, may we not pass Sentence on the Depositions of two Witnesses on several Faults? For example; one depon'd that Mr. K. is dissaffected to the Govern­ment, in that he did not whip one of his Scholars for drinking K. James 's Health at his Table. Another, said he, spoke Bawdy, telling a story about Keegrels. This Brother's Opinion was rejected, especially by the Gentlemen, as a thing contrary to Law, and never before practised. But Mr. K's [Page 107] Accusers clearly see sufficient ground for a Sentence: This is Notar, say they, That he confes­seth; thē other is clearly prov'd by Witnesses, &c. Now, is it not, think you, a very strange and wonderful thing, that five silly, simple, ignorant, and illeterate Men should see more, than a vast Number of learned Divines, and most knowing Gentlemen? 'Tis commonly said, that Igno­rance is the Mother of Devotion: but here is a greater Mystery. Ignorance furnisheth the Understanding with such Light, that it can clearly see that, which is not. Yes indeed: It can easily do that, when leaven'd with Malice, Envy, and Interest. We could adduce a good number of most convincing Arguments to shew the great desire in the Judges and Libellers to find a Fault in Mr. K. were it not tedious here to relate them. Pray, consider; 1. The vast Number of Things they charge him with; above a hundred Points or Articles, if they were well reckoned. 2. How they ex­hibit Libel after Libel; Libel after Libel. 3. The great Multitude of Witnesses, that have been adduced, and that not all at once. First, a List of one and thirty besides some, like Led-Horses, that were not in his List, yet examin'd: and all th [...]se not doing the Jobb, then another List; yea, the same Witness [...]s sifted and examin'd over again after new Citations. [...]nd you see here more Lists design'd, and some of the old Witnesses to be try'd the third, or may be, the fourth time. And if you read on, you shall s [...]e a whole Troop of Horses, interlin [...]d with some Foot, marching into E­denb. and there staying 13 or 14 days, to the advantage of some, their own great Damage and Ex­pence, and the astonishment of the whole Nation. 4 The wild, illegal, and unjust, or rather the hellish Me [...]hod, which was taken in the Examination of Witnesses, as is above-related. 5. The strict and narrow Enquiry, that has been made through the whole Country to find out his Failings. Some of the very Judges (Ministers we mean) in a private manner a king his Scholars and Ta­blers what evil they knew of him. Others enquiring into publick Innes, if at any time they saw him drunk. And especially Mr. J. writing Letters to every place where Mr. K. liv'd, particularly to Lithgo and Culros. 6. How that after many things, wherewith he was charged, were found to be abominable Lyes and Calumnies (as that Business in Blakader) yet his Judges did never assoil him from them: but still received in new Libels, being fully, it seems, resolv'd never to give over, till they hit him one way or other, All these, with many other that might be adduced, cry aloud, how fain (as we say) they would pick a hole in his Blanket; whereas true Christianity, yea Hu­manity it self enclines rather to hide the Imperfections and Blemishes of our Neighbour, than thus to blaze and [...]ublish them to the World. This can't be retorted against Mr. K. for what he does of this kind, is for his own Defence.

Particular Answers. Tho' we could easily with one single stroke cut off the Heads of all these 17 Giant-like Monsters, by saying, They are meer Chimera's, that is abominable Fictions, cross Lyes and Calumnie, except some few things, that are most legal and just in themselves: yet to satisfie those, who are of a lesser capacity; or, that are not acquainted with the true Circumstances of things, we shall give you a short hint at each of them. To the first Article, he answers; 'Tis both false and absurd. In a word; 'tis a most malicious and base Calumny, to say that the School is under a great Decay, and almost broken for the Reasons here mentioned. 'Tis also most absurd not only in the Libellers to charge Mr. K. therewith, but also in the Judges to listen to them in such a matter; there never having been any previous Visitation (as Law, Reason and Custom require) upon that head; nor any kind of Trial made about his Knowledge, Diligence, Attendance, or what other thing relates to his Office. Mr. K. speaking one day in face of Synod upon this head. Mr. Borleans, Minister at Bedrule, rose up, and spoke thus, at least to this purpose. M. said he, Mr. K in this matter is in the right: The method we have taken is indeed preposterous and backward, as if we were driving the Plough before the Oxen, &c. At which not one man opened his Mouth, but sat all mu [...]e for some time. Yet, as soon as they began to move, they drove on the same course, Answard sti [...] as before, till at last they run themselves headlong (like the Herd of Swine in the Gospel) over such a high Precipice, that now tis simply impossible they can recover. In other terms, we humbly conceive, that neither the Presbytery of Kelso, nor yet the Provincial [...]ynod of Mers and Tivio [...]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 'tis not in a much worse Case than tis. 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 [Page 108] 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 diss [...]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. 'Tis 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; 'tis 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?

[Page 109]'Tis 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; 'tis 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? 'Tis 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 h [...] 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 [Page 110] 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. 'Tis 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 ashamed [...] neither is he obliged to purge himself otherwise than he has done, leaving to his A [...]cusers to file him, if they can. [...]hat other thing he would say on this Point, he refers to the A [...]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, [...]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 [...]fter Circum­stances are considered, that plain manifestation here spoken of, will vanish into smoke. 'Tis not im­pertinent here to repe [...]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 [...]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 a gesture in him? Saw you him Commit this or that act? By which words, gesture, or act, the Judge is to infer that he is a man of a Profane [...]pirit. Yet this is not to be done, till he be heard, what he can say upon the matter. Who knows, but he might be personating at that time this or the other Man in Words, Gesture, or Action? As in that business about the [...]eegrels, Sect. 17, and 18. Part 3. A 7. At A [...]swer is already given (till Particulars be condescended on) in the 12th. Ar. of the former Libel, Sect. 7. Part 3. A. 8. He is not conscious to himself so much as of one Falshood; far less of a Lye in all his Papers, nor did he ever misinform any person (to his knowledge) in any one particular. A. 9. Is much in kin to the pr [...]ceding, and therefore he positiv [...]ly denies it. A. 10. Is a gross falshood, and a base Calumny A 11. He is not conscious of any miscarriage be­fore the Judicatures, the several times he has been very rudely treated by many of the Members, par­ticularly at the Synod of Duns; of which, Sect. 20. And suppose he were guilty of some Misdemeanor that way; (Nemo ex omni parte Beatus) he does not see, that the Libellers are to charge him with it. A. 12. He has done nothing of this kind, but what Law allows for securing what justly belongs to him, and vindicating his good Name, which Mr J. and others have most unchristianly en­deovoured to rob him of. A. 13. He says nothing in that most legal and just Appeal, but what is Truth. As to the particular here mentioned. 1. 'Tis not the Libellers Concern to challenge it, let Mr. Thomson prosecute it, when he will. 2. They in a most confident manner assert, as a certain truth that which 'tis not possible they can know; so that, if it be not a Lye, which they say certainly comes very near the border of one. We ought not to Affirm any thing, which may be, or not be, for that is to confound Knowledge and Opinion, which no wise man will do; far less a Christian, speci­ally in the manner this is done. A. 14. Mr. K 's arresting Mr. J's Stipend is a most legal and just Action; and to challenge it, is to challenge the supreme Law of the Kingdom, and to accuse the Lords of Councel and Session of Injustice, not to say, that it is a very great fault to bring into a Church Judicature a Process that is depending before their Lo. A. 15. Is of the same Nature with the former; so that one Answer may serve for [...]oth. We must here not only vindicate Mr. K. from the Calumnies he is charged with; but persons of a far higher Degree, the Noble E. of Rox. and those his Lo. has plac'd, a [...] Overseers of his Affairs at Kelso, Sir W. K. of G. and others. Know therefore that this business has since been brought before the Lords of his Majesty's most Honourable Privy Councel, who have Condemn'd Mr. J. and his Elders in the Matter. But of this business you shall have a more particular Account, Sect. 12. part 5. A. 16 Take the same Answer which you have to the former two; for, as there, so here, what he has done is most legal and just, There is one thing here, which we must not pass without a special Remark. You see how Mr. K. is charged with terrible things in this Article; and the Conclusion the Libellers infer is most dreadful. Where­by 'tis manifest, say they, that he makes it his business to disturb the Peace of his Neigh­bours, and to obstruct the success of the Gospel in this place. For Answer know, that Mr. J. was in very bad Circumstances, when he came to Kelso, and his Cautioner (as some say) little bet­ter: therefore, when Cords seem weak, a wise Man takes the more plies. But this is not the reason, which mov'd Mr. K. to secure himself after the manner here describ [...]d. Know therefore that there is wrapt up within this Article a great Fallacy; or rather a gross Falshood, if not a malicious Lye: [Page 111] for Mr. J. and his Cautioner cannot be bou [...]d for more, than what is due since his Entry. Mr. K. is not so ignorant, as to alledge that Mr. J. is liable for any thing before he was Minister in Kelso: so that the Elders are inhibited, not so much for the time since Mr. J. Entred, but for that before. Mr. K. therefore retorts this most malicious Calumny on Mr. J. and his Elders; They have made it their business not only to disturb his peace and quiet, but most unjustly to rob him of his live­lihood; and by forging Hellish Lyes against him to make him odious in the eyes of the World. And hence it is, that [...]hey by their wicked and unchristian carriage towards Mr K. and others, have exceedingly obstructed and marr'd the success of the Gospel in this place. A. 17 Hath several Branches, as have many of the rest. In general therefore, he denies that he handed about a slanderous Libel, giving out in Town and Country, that he was to exhibit the same to the Presbytery; or that he made it his business by Lyes and Calumnies to destroy Mr. J 's Untainted Fame, far less to expose his Ministry to Contempt. In particular, he confesseth, he saw that Libel, which was gi­ven in against Mr. J. by the E, and others to the G. A. and heard it read in face of the Judicature, Jan. 1696. There is one word here, that well deserves a Remark, Mr. K. has made it his business, says the Libel, to destroy Mr. J 's Untainted Fame. The Libellers, or rather Mr. J. (for he is the Composer of all them Papers) had been more wise to have omitted here the Word Untainted, for few in Scotland, are ignorant how exceedingly his Fame was blotted in Ireland; how filthily all be-spot­ted in Biggar; and now here in Kelso, how 'tis quite Be-smeer'd over with Mire and Dirt.

An Account of what pass [...]d before the Synod at Jedburgh, Apr. 1696. A Preface to the Paper then given in.
§ 12.

MR. K. was exceeding perplex'd how to carry under his present Circumstances, when he reflected on the whole Process, and considered the way and manner of its procedure, with the many strange and various Accidents, which occasionally fell out almost at every Meeting. Hence things were so far from being like to be brought to a con­clusion, that they daily multiplied and encreased exceedingly. It was with him, as with Hercules, when he fought with the Serpent Hydra, which, they say, had 50. Heads; and when one was cut off, two started up in its room. At first he was charged only with 2 or 3. Crimes; next 15; and now with 17: so that he saw no end: but still new Forces levied a­gainst him; and always the last more numerous than the former. But that, which vexed him worst of all, was that he never once came to an open sight on the Points of his Libel, being always attack'd by Surprize; nor was this his fault, but the Judges. In plain terms, they never heard him debate, nor reason Matters with his Adversaries. Yea, his Judges, at least a vast number of them, do not to this day understand the true ground of the Plea, nei­ther in general, nor as to this and the other Point. And this is not only, because 'tis a very Intrigate and perplex'd Business, and now is become mighty tedious, consisting of hundreds of Points and Clauses; but chiefly on the account, that there are daily coming in new Judges, Persons altogether unacquainted with the Affair, every Synod receiving new Corre­spondents from places about, besides several Ministers lately planted in their own bounds, and always a good number of fresh and new elected ruling Elders; to say nothing of such, both Ministers and Elders, as were absent at former Diets; and especially on the consideration of that, this Plea has been cognoss'd in the Interval of Synods by Committees, frequently con­sisting scarcely of the 20th part of the Synod. All these know very little of the Process. Now when it comes in before a Synod, presently 'tis put into the hands of a Committee: they make a Report by way of an Overture; immediately that goes to a Vote, so that the Body or f [...]r greatest part of the Synod know little in the said Affair. All such must of ne­cessity walk, as they are led, being little better than blind, and so are obliged to follow those they most affect. Such certainly was Mr. K's Case in the late Synod (15 Oct. 1695.) Com­mittees and Sub-Committees sat days and nights, yet never once call'd for him, nor yet the Synod, till he was to hear his Sentence read. These with many other Considerations, which we have not will to mention, mov'd Mr. K. to give the following brief Account of some few material Points of this Plea, which might be as a Specimen of the rest, and perhaps pro­voke both Judges and Libellers to bring matters to a publick Debate. He knows very well, that Persons concern'd in the other bide, will think he is too tart and bitter in his Expressions. But he hopes, and expects, that whosoever shall seriously consider this whole Business, that he has just ground for for what he says, and that his words are no ways Hyperbolical; but rather come very far short of what may be said. And grant there be some few words, or Expressions exceeding the Subject; this is no new thing: the best of Writers use it, and are [Page 112] not blam'd sor't. And yet, if you seriously ponder all Circumstances, and compare Words with Deeds; the Expression with the Action, you shall find as little of that kind here, as any where else. Men, call'd to it should speak Truth: Black ought to be call'd black; white white. You know very well, that the Spirit of God tells, That he, who justifieth the wicked; and he, that condemneth the Just, even they both are an abomination to the Lord, Prov. 17.15. Mr. K. has this to say for himself, that he has been exceedingly oppress'd by Mr. J. and others many ways. We need not be particular; the thing is so obvious, that he, who runs, may read: and you know the common Saying, Oppression makes a wise Man-mad. Pray, consider, how un­just and unreasonable it is, to blame a Man for relating matters of Fact in his, own defence, and pass others, who forge Lyes and Calumnies to disgrace him. We need not again put you in mind of that hellish Calumny about the Woman in Blakader, nor of that abominable and cursed Missive, which Mr. J. sent through the whole Kingdom (we may say) shewing to the World, that Mr. K. is void of Grace, &c. Nor how in another Paper, he calls him; The Devils Agent; Factor for Hell, &c. Of which you shall have a Touch, Sect. 26. We have prefac'd too long. Lo, now follows the Paper, which makes so great Noise every where. Lest our Adversaries should think that we wrong them, we shall make a Remark, leaving you to it by a Letter, as formerly. And since the said Paper is pretty large, both on the account of the Remarks (which are not parts of the Paper given in the Synod) and that we may the more easily Refer to, and from it, we shall divide it into Paragraphs, which was not done at first.

The Paper frequently above mention'd, which was given into the Synod at Jedburgh. Paragr. 1. To the Right Reverend the Moderator, and Remanent Members of the Provincial Synod of Mers and Tiviotdale, met at Jedburgh, 21 April, 1696, is humbly offered by Mr. K. School-Master of Kelso.
§ 13.

A Brief A [...]swer (A) to a Paper (B) call'd, A brief or Summary of his ill Deport­ment, annexed to a Petition of Ja. Thomson, Jo. Laidly, W. Christy, Mic. Fisher, Jo. Thomson, Elders there, exhibited to the Committee sitting on the said Mr. K 's Affair in the Kirk of Kelso, 31 of March, 1695. With which Answer there is given a short Account of some material Heads and Points of the Process, in regard many Members of the Reverend Synod, who are to be Mr. K 's Judges, do not know the true State of things, especially the Correspondents from other Synods, and several other Synods and ruling Elders, that were not Members formerly. And altho' the said account comes infinitely short of a full and exact Relation of the whole Business, yet it will give some small light to the better understanding of the main Affair; at least, it will furnish ground to enquire further into the whole Process.

Rem. (A) This brief Answer you have in a few Lines. Paragr. 23. (B) This you had, Sect 9. The Libellers give it this name in their Petition, Sect. 8.

Paragr. 2 Mr. K. on the 12th of March, 95, giving into the Kirk-Session of Kelso, a Petition, shewing the Right he had to be Session-Clerk, Precentor, and Reader, and to the profits or Emolu­ments thereto belonging, in place of getting any formal or legal Answer to his just desire, had two very gross Crimes, viz. Adultery, and Rape or Force, most illegally and unchristianly laid to his Charge by that Judicature, and as illegally by them referr'd to the Presbytery; and much more un­warrantably considered, discussed, and referr'd by the said Presbytery to the Synod, as the Reasons of Appeal from the Committee (24 Sept. 95) to the Synod at more l [...]ngth bear.

Paragr 3. Notwithstanding both Session and Presbytery were most forward and eager (the busi­ness passing both these Judicatures in one day, if not in one hour) to carry it before the Synod, yet hearing by Sir J. H. of B. his Declaration, that they were trepan'd by their Informers, most un­justly desisted from prosecuting the Business before the Synod; so that Mr. K. himself was necessi­tated to bring it in by a Petition. In the first place, he can [...]t but here confess and acknowledge, that he met with as much Equity and Justice from that Synod▪ as ever a Man did from any Judi­cature. The Result was, that some of their Number should be sent to the C. of R. some to Sir W. K. of G. and some to Mr. K. to see, if things could be brought to an accommodation; for which end, a Committee was appointed, made up of the Presbytery of Kelso, and 12 assisting Mini­sters and Ruling Elders. The Countess being greatly offended, partly at the manner of Mr. J [...]s Entry to the Kirk of Kelso, partly for his falling so fouly on Mr. K. and that so early, even at his very first coming to the Place, Was altogether inexorable, and absolutely refused to admit Mr. J. into her presence, tho' much press'd thereto by many Persons of Honour; so that this Design of reconciling Parties came to nought. And therefore the Committee behov'd to sit, and cognosce on [Page 113] the said Crimes, Mr. K. pressing them thereto. At the first and second Diets (30 Apr. and 16 May, 95. nothing was done, tho' both Meetings were pretty frequent: only Mr. K. humbly desir'd to know, if they were a Quorum, and what number made one: and if they were a Quorum, he crav'd he might be formally process'd; and his Accusers condescended on, with several other very pertinent and necessary things, as Instruments then taken at more length, bear. To which most lawful desires the Committee gave no return. The Libellers bearing that Mr. K. was to pursue them (for he had raised a Declarator before the Lords) and finding themselves at a Loss about the two abovementioned Crimes, raised a new Libel, and presented to the Committees, which Libel con­sists of 15 Articles, but may be well branch'd out unto 3 or 4 Fifteens. Mr. K. in his Defences to the said Libel desir'd of the Committee to know, by what warrant they took on them to cognosce any other thing than what was stated before the Synod and recommended to them by that Judicature; otherwise, said he, it were to bring in things per Saltum, besides many other evils, that follow thereon. And therefore he thought not himself obliged to answer to any new Article, till either he was assail'd from, or condemn'd for the said Crimes, as appears in his Defences and Instruments; especally, consi­dering that many of the things contain'd in that new Libel were Civil Matters, and therefore fell not under the Inspection of a Church Judicature. Notwithstanding these and many others most ra­tional and convincing Arguments the Committee went or to prosecute the Business in a most illegal manner, which made Mr. K. and these commissionated from the E. of R. to appeal from them to the then next ensuing Synod in matters Ecclesiastical, and to the Judge ordinary in matters Ci­vil, craving conform to Law, 10 days to give in their Reasons of Appeal, which accordingly was done. Notwithstanding this Appeal, the Committee proceeds and examines Witnesses, not waiting till they saw, whether or not there might be given in such convincing Reasons, as ought to be of sufficient force to put a stop to their procedure, being, it seems, resolved to pass on in spite of Law and Reason. Paragr. 4. 'Tis here most pertinent to shew, what strange kind of a Committee s [...]at and acted that day (24 Sept. 95.) A Committee indeed! The Presbytery, and one single Assistant. Mr. Couden, Minister at Duns; and if this was a Quorum, Records will declare. But that, which is far more remarkable, is the Number, the Nature, and Circumstances of the Presbyte­ry. A presbytery! A wonderful Presbytery, a Presbytery consisting of one single Man. There are but nine Churches in whole: Morbattle [...] vacant; Mackerston not in Fellowship; (A) Mr. Dalgleish as is supposed) not return'd from the North; four were Witnesses, and depon'd that same day against Mr. K. viz. Mr. J. Mr. G. Mr. Th. and Mr. S. Mr. B. withdrew, at least in the afternoon, and the day following, for reasons known to himself. Io, 8 of the 9, only rests (B) Mr. Glen in Stitchel, to represent the whole Presbytery of Kelso. As to Mr. Noble, Minister at Ecford, of the Presbytery of Jedburgh, but as yet an assistant of that in Kelso (C) whether he was present or not, he knows best. Now let the World judge, what sort of a Meeting that was; and whether a Quorum or not. Mr. K. did suspect something of this nature, when they refused at their first meeting to tell him, what number made their Quorum, as is related. But that, which is worst of all, and crowns the action of that day, is, that the said Witnesses deponing against Mr. K. not only sat with the Judges; but (D) acted as such, and heard one another de­pone. Strange kind of Judges; and as wonderful a sort of Witnesses; certainly ultronious; for they voted that the business should come to their Oaths. But above all the rest Mr. Th. T. Ministe at Ednim, justly deserves the greatest applause; for he perform'd the Duties of 3 several Personr Judge, Clerk, and Witness; and the last two so prettily, that in one minute he personated both; for calling the Rolls of 31 Witnesses, after he had nam'd three, he came to himself, and said with a loud voice, Master T. T. and with the next breath, but in another Tone, moving himself a little out of the Seat answered, I am here. But too much of this days Action: A more particular (E) account shall be given in its proper place and time: and 'tis like there shall not be found in the Re­cords of any Judicature, Ecclesiastical or Civil within this Kingdom, such gross Informalities, Illegalities, and acts of Injustice in the like case, as shall be demonstated from this present business.

(A) See Sect. 9. Part. 3. (B) Sect. 10. P. 3. (C) Mr. K. has enquir'd at many of the Wit­nesses, whether Mr. Noble or not was present, and not one of them could say that he was, (D) S. 9. P. 3. (E) You have account of this Affair (such as we can give you without the help of Authentick Papers) S. 8. &c. P. 3. which was not given at the composing of this Paper. Paragr. 5. On the 3d. of Oct. thereafter was another Meeting; to which there came three Worthy Gentlemen, Sir J. Pringle of Stitchel, (who had never been present before) and the L [...]irds of Wa­therly and Buckham; by whose Influence and Votes, yet not without difficulty, the business was re­ferred to the Synod. The Vote was (A) Proceed to a Sentence, or Refer? And was carried Re­fer. And thus it came in again before the Synod. 15 Oct. 95. Rem. Never certainly in the [Page 114] World did any person see, hear, or read of such a wild and Monstrous-like Metamorphosis, or Transfiguration of Creatures, as appear'd on the 24th of Sept. 95, and this day. These strange Changes of Bodies in Ovid's Works are as nothing in Compare of what was to be seen here. Yea, Proteus, who, they say, could turn himself into any Form, sometimes appearing like Fire, sometimes like Water; yet did it not so nimbly and easily, as these we speak of Saw you not just now, how one sitting Clerk turn'd himself in a trice to a Witness: Mr. Thomas Thomson, said he, as Clerk; Here I'm, said he again, as Witness. Was not this nimbly done, and with great ease; only by hitching himself a little off the Seat, and somewhat altering his tone, and 'twas done. 'Tis true; he was at some more pains, and it cost him more time also to come off the Bench and perform the rest of the duties of a Witness. Come, Brother, Mr. Thomson, said his fellow Witness; and depone you, and I shall be Clerk. Come you also, Brother, Mr Gaudy, said another Witness, and I'le Moderate in the mean while, &c. And thus were they transformed sometimes into one shape, sometimes into another; like Hodg-Podg or a strange Confusion, of Creatures, Mingled mangled through one another. There were, we told you, 6 Members in whole, 5 of the Presbytery of Kelso, and Mr. Couden in Duns; 4 of the 5 were Witnesses; yet sat Judges, and Voted that they themselves should swear and depone, and that after an Appeal, Pray, are not these Ʋltronious Witnesses? They not only fit by in a Passive sense, hearing one another depone; but are the most active Members of that Ju­dicature, some officiating as Moderator, others as Clerk. Lastly these same very Persons, who were Witnesses the said 24. Sept. do this day vote that they may pass Sentence upon what they themselves depon'd; and would have done it, if the three above nam'd Gentlemen had had not oppos'd it. Paragr. 6. Mr. K. must here in the first place thankfully acknowledge, that this Synod took exceeding great pains to bring things to a Conclusion; and some Gentlemen of Ho­nour, with not a few of the Brethren did what in them lay to carry matters to [...] Accommodation. Near three days were spent by the Synod, Committees, and Sub-committees in that Affair. Days! Yea, rather Nights and Days; for twice they sat, till about 12 a Clock at Night. Yet Mr. K. must be pardoned, if he take the Liberty to tell, that the said Judicature was guilty of great Failings. They considered indeed the whole Process; The Libel, Mr. K's Defences; The Remarks of the Libellers on the said Defences; The Depositions of the Witnesses with several other Papers; and yet never so much as once all that while called for Mr. K. to hear what he had to object, either against the Witnesses themselves, or their Depositions, He had not objected against them, before they depon'd, not being present to bear; nor any for him; nor Neuters permitted to enter, doors being kept full. And tho' he has once and again, and that by way of Instrument required to see the Depositions; yet to this minute his just desire is deny'd him, albeit there be an express Act of Parliament in his Fa­vours. Paragr. 7. 1. Who knows, but Mr. K. may instruct that he was Alibi, when he should have done, or said such or such things, depon'd by the Witnesses? 2. 'Tis most certain, that a par­ticular Relation, or an Account of the Circumstances of a business does very often take off the f [...]te and edge of an Argument, otherwise seeming very pungent. This will be found to be Mr. K 's Case in many Points. 3. Is it not a very common thing, that Words and Sentences be sometimes mista­ken, and misconstrued, even by the Learnedst of Men, till persons more nearly concerned, and ac­quainted with Circumstances, or rather the Author himself give the true sense and meaning thereof That this makes for Mr. K. can be demonstrated, when require'd. And therefore it was, that some Worthy Gentlemen in that Synod, when a debate arose about the Sense of some words in his Printed Information about the Plea he had with the Town-Councel of Lithgo, desired Mr. K. might be call'd, who best knew the meaning; but that justice was deny'd him. Should Mr. J. meet with the like usage for many Expressions uttered by him in the Chair of Verity, before thousands of People, a black (A) Doom would pass upon him. His words at the first look seem to have a most fearful, and grim Aspect; but after that he puts his Gloss on them, and gives an account of Circumstances, the words become abundantly (B) smooth, and no ways Antichristian, or Ʋncharitable. The Expressions are, That a Scociety of People, Episcopally Inclin'd were a Communion of Devils, and a Company of Prophane Men and Women: and this said, even when they were going about the Holy Sacrament of the Lord's Supper. Item, That all their Teachers are Soul-Murderers, (C) with many others of that Nature. Rem. (A) A black Doom will pass, &c. That is, Certainly he would he Condemned; Mr. K. alluding to the antient custom of People, who, sitting Judges, put into a little Box a black Bean, when they Condemned any Person; and they who were for affoiling him put in a white Bean. (B) When a Person of Honour spoke to Mr. Semple about these Expressions of Mr. J. He answered that, when the Brethren were going to rebuke [Page 115] him for them, he put a such a Gloss on them they were satisfied with it. If Mr. K. had met with the like Favour; or rather justice, 'tis more than probable, that he would have satisfi­ed them also. (C) take this one for all. When by Act of Parliament the Episcopal Clergy were Prohibit to Baptize or Marry, some persons in Kelso, who formerly were of the Episco­pal Communion, did go to Mr. J. desiring him to Baptize their Children, who caused them Solemnly engage before the whole Congregation that they should never again go to that Schismatical Meeting-House, nor hear any Episcopal Minister Preach. Others there were who had no freedom to have their Children Baptized by him, and finding a difficulty to get an Episcopal Minister, sent for one from England to administer that Sacrament. The next Sunday after Mr. J. Baptizing a Child in the Church, took occasion to inveigh bitterly against it; saying, there were some rather than bring their Children to the House of God, to be Baptized, would rather send for a man out of another Nation, and Sacrifice their first-born to Mo­loch. Paragr. 8. Hence did arise another very great failing, in that Judicature, viz. That they pass'd Sentence against Mr. K. not being heard, by judging him unfit to be Session-Clerk or Pre­centor; and that after a serious Consideration (saith the Sentence) of the Complex Affair of his Process. Whereas, if he had received according to the Practise, and Law of this Kingdom an Ex­tract of his Process, parcicularly of the Depositions of the Witnesses, and had been permitted to object against the illegal procedure of his Judges and the Witnesses, and their Depositions; certainly the said Complex Affair, would have appeared with a far different aspect; especially considering, there were many Members of that Synod, who were not present at the former, and consequently knew not the true state of matters. But mainly in regard the whole Scene of things was quite altered; and a new Libel raised and receiv'd in by the intervening Committee, contrary to any power given them by their Constituents, the former Synod. And if the Laws not only allow that all alledged guilty per­sons stand by the Judge, and hear every word the Witnesses depone against them; but also expresly or­dain, that the Clerk of whatsoever Judicature in the Kingdom, he obliged to give, and that Gra­tis, to the said alledged guilty persons, Copies of the Depositions before advising. How much more ought Mr. K. to have had the Depositions of the Witnesses led against him, in regard he was not pre­sent when they depon'd and were examined by the abovementioned strange kind of Judicature, made up of one Assistant, and a Presbytery consisting of one single person; on which sandy Foundation the whole Structure is built. Paragr. 9. A third failing, and that a very considerable one, is, that the Sentence of the Synod is without any Reason; or Because, as if the Judgement and Will of that Ju­dicature were sufficient to make a Law. Paragr. 10. A fourth is, that after so narrow an Enqui­ry and Search has been made into this business, as hardly the like has been in our Age, yet after all Mr. K. must still lie under the stain of so many gross Crimes, and be kept from the Profits of these Offices to which he has right. Either there was ground for a Sentence to condemn him, or to assoil him. If the former; why did not Sentence pass against him? If the latter, why was he not assoild? That there was not ground, is now evidently manifest to all the World; otherwise, why is a new Libel raised? Why more Witnesses summoned? Why the old re-examined? Can another Reason under the Sun be given, but that they have Succumb in their probation of the former Libel? And why Succumb? Certainly, 'tis not, because the Judges were not their friends, for some of them have been too too favourable to them. Nor it is for want of Witnesses; for they had abundance of them: Mr. K. received Lists of above forty; and besides these (which is a very great iniquity) they Summoned and Examined more than were in his Lists. Neither, because the Witnesses were not habile, or fit to do that, which was required of them. No certainly, for better they could not have had in the whole World, They are such, as cannot, but know Mr. K 's failings, if he be guilty of any in the view of Man. His own Domestick Servants, who see his carriage night and day depon'd against him. His Tablers, and others his Scholars. The Pedagogues, and Doctors of his School, with whom he conversed every day most Familiarly; to mention no more. Lastly, it is near an Impossibility it can be on the account, that a strict enough Method, or way of Examining the Witnesses was not taken; for both Lawful and Ʋnlawful means were used in the matter. They were not disturbed with Spectators in the Action; for contrary to Law, it was done with close doors; and all that might carry away their failings, shut out. Several Witnesses, were suffered to stay within, when others depon'd; some lur­ked within the Church. One of the Accusers cry'd out with a loud voice, while the Witness was di­ctating his Depositions, (A) Remember the Green-Bray-side, which infallibly implies, that that Witness had Communicated his mind to him before. Yea, the very Judge himself told the present Deponent, that the Prior Witness confess'd such a particular about the Six Senses. Many depon'd upon Hear-say in the first Speaker's absence. In a word, they were examined Super Inquirend [...]s, [Page 116] in Matters Extrinsick to the Libel, and contrary to all Reason and Law particularly an Article of the Grievances given into His Majesty with the Claim of Right, or Instrume [...]t of Government. But, besides these seeming legal ways of finding out Mr. K 's failings, clandestine and private courses were taken to win at him: Common Inns were enquired into, if he was at (B) any time overtaken with drink, His (C) Tablers and Scholars were privately in some houses of Kelso asked by Mem­bers of the Presbytery and others about his failings in his House or School. Were the Lives and Con­versations of all the men in Scotland so sifted and search'd, as his has been, scarcely one of ten thou­sand would come off Shot-free. This business with Mr. K. looks liker a Spanish Inquisition, than what is in use amongst those, who profess greater Christian-Meekness, and Charity, than they judge to be in that People. Rem. (A) What Ja. Thomson, one of the Libellers, meant by this Ex­pression, Mr. K knows not (B) If the Libellers had been informed by any person, that Mr. K. was once drunk in his Life, tho' 20 or 30 years since, it had been laid to his door: Malice is a working thing. (C) This they have not only told to Mr. K. but given it under their hands. Paragr. 11. A far shorter, and much surer way might have been taken; either by the Libellers or Judges, to know what sort of a man Mr. K. is; whether, as to Manners, his Life and Conversation, his Humour and Temper of Spirit, his way of living with his Neighbours, his Judgment and Opinion of things; or what else concerns one man to know of another. There is a very Worthy person, a Grave, Prudent, Knowing and Learned man; and, which is best of all, (as far as one Man can see into another) a Pious and Godly Christian; one of your own Num­ber; one, whom most of you know to be such, Mr. Geo. Mullighen, late Minister at Bowden, now at Moffet. This Gentleman, tho' sufficiently able to teach any School in Britain the Latin, Greek, and Hebrew, yet was pleased to be School-Doctor about eight years under Mr, K. at Lithgo, so that none in Scotland can be fitter to give a true Character of him than he; who conversed so long with him, and that so familiarly and intimately, that they seemed rather one, than twain. During all the said time there was never the least appearance of any Jar imaginable, never an angry word, or wrong look between them. Now, let Mr. J. and Mr. Mullighen be put each in a Ballance, supposing them equally good and knowing men; and then judge, whose Verdict; or Testimony deserves the greater Credit. The one speaks what he knows; the other by Hear-say only, and as he is informed, or ra­ther what he knows not. The one is well acquainted with Mr. K. and knows him, as far as one can know another, having had many years most intimate Converse with him: the other never had the occasion of any Converse; yea, never saw him in the face, until he was out of Countenance with him; so that 'tis not Mr. J 's word you give your Faith to; but to some other Person, whom you do not know, but he may be Mr. K 's great Enemy. What's Mr. Mullighen 's judgment of Mr. K. may be well Colle­cted from what he said of him and of his Process, when he was a Member of this Synod, and of the Committee, which did first sit on the said Process. As also from what he said before the Committee of Bills at Edenb. And if any yet doubt of what is aboverelated about Mr. Mullighen 's and Mr. K 's Carriage at Lithgo, he may be informed by himself. Let him declare upon Oath, or otherwise, if by Mr. K 's Words. Gesture, or any other manner or way he perceived him inclin'd, or given to any sort of vice whatsomever, Lying, Swearing, Backbiting, Uncleanness, Drunkenness, or what else you are pleased to name: Yea, which is more, let him give but one single Instance of any of these: or of any one unjust, and fraudulent Act he knows Mr. K. did to any whomsoever during the said eight years, or any time since. But would you know Mr. J 's Opinion and Judgment of Mr. K? What Character he gives him? Hell it self cannot devise a Blacker. And this he does not round and whis­per into the ears of one or two; but sends it through the World by Missives, to a Person he had not seen for 45. years before. Mr. K. (he writes) is void of Grace, destitute of Mother-Wit; at least greatly defective therein, of Corrupt Principles; Corrupt Morals, with several other most Calumnious Expressions. And in other Papers, he calls him Malicious, (A) Contentious, &c. That which moved Mr. K. to insist so much on this Point, is, that his Adversaries upon all occasions object against him that Plea he had with the Town-Council of Lithgo. to which Objection he answers, that it is the only Plea he had in all his life. And to convince the world of his Innocence in that fa­mous Contest, be oppones, the several Interloquitors, and Sentences of the Lords of Council and Session in his favours: As also that Act he obtain'd against them before the Lords of his Majesty's Privy Council, Sept. 1692. All which, is sufficient to demonstrate to the world, that not Mr. K. but it be Town-Council is blamable. 'Tis very pertinent to add, that that same Provost, the Laird of Pardivin, who was the ma [...] occasion of Mr. K's leaving Lithgo, used much means to get him back again about a year and an half thereafter; as can be instructed both by Writing, and the Testimonials of Worthy Gentlemen [...], whom the Provost had desired to be on the meeting, which was once and again [Page 117] appointed upon that Head. Mr. K. met indeed with exceeding great Injustice from that Town-Council, but that, which is done him by the Kirk-Session and Presbytery of Kelso as far exceedeth the other, as the Light of the Sun that of the Moon. The one concern'd only his Purse; the other, Purse, [...]a, and Life too.

A very necessary Remark. Amongst the many black Titles given Mr. K. by Mr. J. and his Elders, these are a part; That he is Contentious, Litigious, Vexatious, Malicious: Yea, he de­lighteth to be such; or, as they word it in their last Libel. He maketh it his business to disturb the Peace of his Neighbours, &c. That Mr. K. is not of such a Temp [...]r of Spirit, as they represent to the World, may evidently appear from his 8 years living with the said Mr. Mullinghen in so great Peace and Harmony, that there never hapned, so much as once be­tween them the least shew of any debate. Perhaps you'll say, this flow'd from Mr. Mul­linghen's calm Nature: and not from Mr. K's. We desir'd you to ask Mr. Mullinghen, what sort of a Man Mr. K. is. If he be such, as Mr. J. and his Elders say he is, certainly Mr. Mull. could not be ignorant of it, either as Mr. K's carriage to himself, or others: He would see or hear of it. But that we may put this Business beyond all doubt; Mr. K. not only ap­peals to Mr. M. but to all that ever were Teachers with him in his School. 'Tis like, he can say, what few, or perhaps no Masters in Scotland dare do, that in his life he never had any debate with those that were Doctors in his School. The truth of this assertion he leaves to be attested by many thousands, who have been his Scholars; let them declare, if they can, that ever they saw the least shadow or appearance of discord. And shall the testi­mony of Mr. K's Adversaries be preferr'd to that of many thousands of indifferent persons? But Mr. K needs not be much mov'd with what they say, considering that they treat the noble E of R. and his Lo. most honourable Curators after the same manner, by accusing them of the hight of Injustice and Inhumanity. Article 5 of the said Libel. Of, which busi­ness hereafter. Paragr. 12. The fifth Escape, or failing in that Synod is that, tho' Mr. K. in his Reasons of Appeal from the Committee to the Synod, did evidently shew that he had met with great injustice from the Presbytery of Kelso, yet that Presbytery, at least many of them were continu'd to be his Judges in the Committee, and others acted as Proctors a­gainst him, particularly Mr Glen in Stitchel. And therefore he thinks fit here to add ano­ther Reason, which certainly may convince all the World that the Presbytery, of Kelso can't be Judges in this present debate between the Kirk-Session there and Mr. K. because they are Parties, and highly concern'd in the matter, both as to Credit and Interest; and therefore can't but run along with the said Kirk-Session; yea, they are more concern'd on many accounts, than the other. Mr. K. did never before this time adduce this Argument, but now being necessitated to defend his own Reputation and Interest, he must be pardon'd, if he use all lawful means for that end, He will not say that the Presbytery of Kelso had a Prejudice at; tho' perhaps now they may: but certain it is they mightily are byassed in the present debate. For the better understanding this so material and necessary a Point, be plea­sed to know, that the rise and occasion of this Contest between the Kirk-Session and Mr. K. is about the Profits, Casualties and Peranisits belonging to the Offices of Session-Clerk and Precentor or Reader; to which Profits Mr. K. lays claim by vertue of his Call and Contract subscribed by the E. of R. and others concern'd: which call and contract is founded on the uninterrupted Custom and Constitution of the place paff memory of any man living. The Members of the said Presbytery in time of vacancy coming to supply that Church did by eating and drinking in the house of J. Dun. Fewer in Kelso, spend and consume the said Pro­fits, and pass'd an Act, ordaining the Elders, or some of them to collect the same, for what use, the Act it self will declare. If for the use of the Poor (as some say) then the Presbyte­ry spent the Poors Money, and the Poor Mr. K's which is worse than the other. Mr. K. did take Instruments against W. C. Collector of and Intromettor with the said Dues and Profits, that he and his Constituents should be liable to refound the same to him. Now is not the Presbytery of Kelso, who are the Constituents, very much concern'd to defend their own Act and Actings in the Matter? And if the Elders shall be found oblig'd to be countable, to Mr. K. for their Intromissions seems it not very rational that the Presbytery, who by their Act ordain'd the Elders to collect the said Profits, shall be liable to satisfie them? So that 'tis the great Concern of the Presbytery, both as to Credit and Interest to oppose Mr. K. in the Action under debate; and by an infallible Consequence they are most incompetent Judges in this Process, being so strongly byassed. Papagr. 13. A sixth Injury done to Mr. K. by that Synod, is, that they positively refus'd to give him the Extract of the Process, [Page 118] some of the Articles of the Libel being founded on Papers in their hands, 'tis simply impos­sible he can purge himself without the production of the said Papers. And the Inj [...]ry is so much the greater, that there is an express Act of Parliament, ordaining the Clerks of what Judicature soever to give, and that gratis, the Doubles or Di [...]positions to persons concern'd. It was a very strange Answer, which the Synod gave to Mr. K. when he and others requir'd an Extract. They could not give any Extract, said the Synod, till the Cause was concluded, as Instruments bear. What is this, pray but to give at him (as we say) a Candle, after he's dead? 'Tis gratis dictum here to pretend, that the Judicatures of the Church are not liable to civil Laws. Whatever may be said in other cases, there is not the least shadow of Reason in this under debate. But on the contrary, the Church ought rather to be more for it, than the State, and readier to allow the alledged guilty Person all the means and methods he can in Reason desire for cleaning himself from the pretended guilt, if he can; especially, when there is no Canon, or Ecclesiastical Law to the contrary. And further the Church lays claim to civil Laws, when they make for them, and why may not others also have the same privi­ledge and benefit, when it suits their Case, and is in it self most agreeable to Reason? And besides, the Church observes the other particulars mention'd in that Act of Parliament, and why not this under debate? Let a reason be given. Lastly, 'tis a Maxim in Law, vbi Lex non distinguis, nec nobis distinguendum. The Act of Parliament is general, and therefore Mr. K. craves the benefit thereof. Parage. 14. A seventh very remarkable Escape in that Sy­nod is, that they did drive the Plough before the Oxen by declaring Mr K. unfit for the said Offices, and yet not condemn'd for any fault; for the Sentence mentions none only seems ta­citely to imply some such thing; but like the Oracle of Delphus, leaves people to conjecture what it is. In effect, and by infallible Consequence, the business is a plain Hysteron-Proteron, a Monster in Nature, where the Effect precedeth the Cause. He ought first to have been found guilty of some Crime or fault deserving Deprivation before he could be laid aside. 'tis a mighty preposterous Act, first to hang him, and thereafter to appoint a Committee to sit on his Assize. Paragr. 15. An eight Error is, that supposing Mr. K. to be unfit for the said Offices, yet the Method that is taken for supplying the same is most sinistrous and ille­gal, in regard it encroacheth on the E. of R. and others their Right; for if the Person, whom his Lo. and others concern'd present, be not legally qualified, they ought to be advertised, in order to name another. 'Tis true, what the Synod did in that matter, is qualified, until, saith the Sentence, the School of Kelso be provided with a qualified Doctor, &c. The Synod here takes on them what's not in their power to do. This qualification razeth and destroy­eth the antient Custom and Constitution of the Place, and taketh away Mens civil Right and Property Mr. K. always was, and still is willing that his Doctor supply his place in the performance of the said Office, providing no persons Right be thereby encroach'd upon. Paragr. 16. Lastly, Mr. K. here ends, as he began with some thing very commendable in the said Synod. They thought not fit themselves to decide this Plea, but left it in the hands of some very honourable and worthy Gentlemen, My L. P. the L. M. Sir J. H. of B. and se­veral others, to whose determination Mr. K. would not fear to commit his very Life. But even here. Later anguis in herba. Pray, what the better is Mr. K. that he has a good store of excellent Swords, if they be lock'd fast within the Castle, when he stands in need of 'em? Not one of these fore nam'd Gentlemen, with many others, ever own'd the said Commit­tee. And how could it be expected, that my L. P. or the L. M. would come off the Bench at Edenb. to sit and cognoste a pitiful Cause at Kelso Had these Lords and other Gentle­men kept Diets, no question things would have come to a good Conclusion. But how could they come to Diets? Some were not advertised, others shifted to have any hand in the mat­ter; which is evident, that of four Diets together, there was but once a Quorum. Paragr. 17. Upon all these and several other most pungent Reasons, Mr. K. and these commissionat­ed from the E. appeal'd from that Synod to the then next ensuing G. A. in matters Ecclesi­astical, and to the Judge ordinary in matters Civil, and protested for Cost, Skaith, and Da­mage, and Remeed of Law. And thus the Business went in before the G. A. Dec. last. Parg. 2 [...]. 'Tis needless here to give a particular account of what pass'd at Edenb. before that Re­verend Judicature. Yet it must not be omitted here to shew, that Mr. K. doth acknow­ledge with all thankfulness, that he had to do with mighty discreet Gentlemen, and that he saw nothing in them relating to this Affair, but Justice and Equity. They heard all he had to say with great patience, nor were his Adversaries suffer'd to speak, at least in Publick, [Page 119] but when he was present. After some pretty warm debate before the the Committee of Bills, and its Sub-Committees, and a touch before the Committee of Overtures (for the Business went in thither also for Advice) Mr. K. tho' not without difficulty, gain'd his Point, and got the Cause carried in before the Assembly, Mr. J. opposing the thing as much as he could. The Assembly without any debate, referr'd it to the Commission; the Commission put into the hands of 8 or 9 very worthy, grave and judicious Gentlemen; who scarely being well en­tred upon the Business, did cast it back again upon the Commission, saying It was a ticklish Point, they would meddle no more with it. And in truth it was no wonder they startred, when they heard how the matter came in, and out of the Session and Presbytery, and into the Sy­nod. A very strange procedure indeed! And may justly amaze all that hear the same. Pa­ragr. 19. The Members of the Commission being and (it seems) very curious to take a look of this Monster, call'd in M. J. and Mr. K. and enquir'd at Mr. K. how the business came in before the Kirk-Session, and what pass'd there. Of which Mr. K. having given a full ac­count, 'twas further ask'd, how it came in before the Presbytery, and what pass'd be­fore that Judicature. I can't tell, reply'd Mr. K. I was never before that Judicature in my life. They did things without me; as if I had been no ways concern'd, was you not cited before them said the M. Not as all, reply'd M. K. At which they were all exceedingly astonish'd. Then, and not till then, M. J. spoke, saying; I wonder how M. K. can say he was never before the Presbytery of Kelso; whereas he was frequently before that judicature. Pray, M. answer'd M. K. Let me have liberty to give a Return to what M. J. has laid to my charge. By what he saith, I'm guilty, not only of a most gross false-hood; but of a horrid and damnable Lye: for, if I was frequently before the Presbytery, no question, but I know, I was; especially being so much con­cern'd in the matter. I again repeat my words, I was never so much as once before the Presbytery of Kelso, nor ever cited, or defin'd: or call'd in before that judicature. What M. J. saith is nothing to the purpose being neither Ad-Irleminon Eodem tempore That judicature he means, is a Commit­tee, made up of the Presbytery of Kelso, and so many Assistants, appointed by the Synod to fit on M. Ks. Affair, Now this is not the Presbytery of Kelso for a Mare and a Foal is not a Mare, Nor had this judicature a Being at that time but was afterwards appointed by the Synod. In short, said M. K I was not before that judicature; to which the Kirk-Session of Kelso made their Reference. So that, if M. J. mean not the said judicature to which the References was made, what he saith, is altogether impertinent, and makes nothing to the present purpose. Now, whosoever shall con­sider this passage, will certainly find that M. J. was not only guilty of a gross impertinency; but of speaking that, which is a manifest falshood, if not a most horrid and malicious lye. And, if M. K. had not been present to answer for himself, it could not but have pass'd for a certain Truth.

Paragr. 20. After this Jangling, the Mod. says to Mr. K. How came your business in before the Synod? That's the oddest passage of all, reply'd Mr. K. The Presbytery having considered and cog­nosc'd the affair, referr'd is to the Synod, that was to fit within eight days; but had no mind, as the event proved, to carry it before that Judicature; or if they had a mind, they design'd that that Ju­dicature should follow their foot-steps, by passing Sentence on a person unheard; for questionless, if they had resolved to have prosecuted the business legally, they would have order'd Mr. K. to be sum­moned to appear before the Synod. And therefore he himself was Necessitated to give in a Petition, shewing what Injustice he had met with from the Kirk-Session and Presbytery, and desired that the Reccords of both these Judicatures might be produced, as the said Petition at more length bears. While Mr. K. was thus going on in giving an account of matters, one of the Members of the Commission saith, What are we doing? This is not our point; the first thing, we are to do, is to consider, whether the Appeal stands, or falls. It would seem the Commission was somewhat desirous to know a little of the business; and from this Touch, as En ungue Leonem, they might guess what was to follow. In short, the Appeal was found to be faulty, partly occasion­ed by the Clerk of the Synod, his not giving Mr. K. the Extract of a Protestation in the words in which it was taken, as by the same Instrument taken in a publick Notar's hand can be in­structed; partly by an (A) Omission in Mr. K's self, and so the Process returned back again where it was.

Rem. (A) You have an account of this Omission in Mr. K. and of the failing in the Clerk, of the Synod Sect. 2. But 'tis more than probable, that it was neither of these Reasons, which moved the Commission to remit the Process to the Judicature from whence it came. Know, that they were put to a very Hard look, a sore Dilemma; for the Marquis of Tweddale, [Page 120] then, My Lord High Chancellour of Scotland, sent Mr. Hay, one of his Lo. Attendants, into the Commission, while they were considering the matter, to tell them to be Circumspect in what they did in that Affair▪ for let them know, said his Lo. that things perhaps may come to be re-exa­mined by a higher Jadicature. After this, they had neither heart no [...] hand to meddle more in it; but were glad to have some fair Pretence to send it back, as it came. Paragr. 21. it must not be omitted here to shew, how strangely Mr. K. was mis-represented to those that were his Judge [...] at Edenb. amongst many other gross Falshoods they were told, that he went not to Church, but always to the Meeting-House. One of the Judges asked Mr. K. in private, if he ever heard Mr. J. Preach, or any other Presbyterian Minister. Mr. K. standing a little astonished at such Questions, at last said, that since Presbytery was setled, he never heard an Epis­copal Minister when he could have a Presbytererian within the Parish, and that he was Mr. J's con­stant [...]earer. May I believe you, answered the Gentleman? A Minister he was. Sir, reply'd Mr. K. I shall Instruct what I say, by a thousand Witnesses. At which he lift up his eyes and hands to the Heavens, saying, We are otherwise informed. Mr K. had never spoke with this Gen­tleman before in his life. Another of his Judges told a Gentleman, who was speaking to him of Mr. K. about the present debate, That they were informed, he was the greatest enemy the Kirk of Scotland had▪ This also was a Minister, to whom Mr. K. to this hour never spoke Paragr. 22. When Mr. K. returned home, he thought to have found his Enemies, where he left them, and in the same posture; whereas they had not only changed their Camps, but appeared quite another thing; like men of another World. They had Cashiered and Dis­banded most of their old Forces, and Levied great numbers of Recruits; men, whom Mr. K. had never seen before. In plain terms, Mr. K's Accusers had rais'd a new second Libel, quite Cancelling and Destroying many Articles in the Old, and putting a New Face, or Dress on o­thers; as also adding a good number of things not heard of before, and presented the same by a Petiton to the Committee, that was appointed by the late Synod to sit on the former Libel. The Committee received in the said new Libel; and passed Sentence thereon, by re­ferring the matter to the Consideration of this Reverend Synod. Whereas the said Petition with its Libel ought to have been rejected and thrown over Bar, as a thing without the Li­mits of their Power to Cognosce, it not being recommended to them by the late Synod to re­ceive in any new Accusation, but only to consider the Contents of the former Libel, as the Sentence of the said Synod bears. And supposing the said Committee had been impower'd (as they were not) to receive in new Libels; yet they ought not to have pass'd Sentence, even by a Reference without hearing what Mr. K. had to say upon the matter. But this is do Now thing; 'tis that, which Mr. K. has met with all along, first to be judged, then heard. If he had known, what was in that new Libel, 'tis very like, he would have taken another Course, than what he took. Paragr. 23. And therefore in short, he now gives this positive Answer. viz. That he strictly adheres to the very words in the first Libel subscribed by his Accusers; and that in the same order. Matters came in before the Judicatures of Session, Presbytery and Synod: and till the said Libel be Discuss'd, he absolutely refuses to give a particular Answer to any new thing laid to his Charge: tho he sees no difficulty to make Returns to all these new Articles; for to run on at this rate, there's no end; but to proceed in Infinitum, which Method, God and Nature Abhors in Humain Affairs. Wherefore Mr. K. most humbly and earnestly begs, your Godly Wisdoms may after a serious Consideration o [...] the Premisses, take such fit methods, as will bring this sad and lamentable Contest to a happy Conclusion. And expecting your Answer, he shall always pray, &c. Mr. K. cannot but fore-see, that several Words and Expressions in this paper will startle and offend some Persons▪; but, he hopes, those only, who are byass'd with Prejudice, Interest, Opinion, Friendship, or some such world­ly, and selfish Motive. He is sure, no indifferent Person, who impartially considers this whole business and fully knows, how he is abused in the highest degree, both as to his good Name and Fortune; but he will Confess, that he is exceedingly concerned to use all lawful means and methods to maintain his own and his Posterities Reputation, and Credit in this World. Some perhaps will say, this ought to be done without Reflection, and not in bitter and invective words. Mr. K. answers with those Noble and Famous Romans, Scipio, Afri­canus, Lelius, and others, in a Case of this nature: Siquis est qui dictum se inclementius existi­mauit esse, sciat▪ responsum, non dictum esse quia laesit prior. And is it not a common Maxim received amongst Christians, especially Kings, Princes, and great States; Bellum non infero, sed repell [...], to defend and justifie their many barbarous, cruel and bloody Acts? Hence 'tis [Page 121] that, if any person assault hi [...] fellow with a design to Murder him; tho' the person assaulted should happen to kill the first Agressor, yet by the Laws of all Nations, and in Reason, where­on Laws are Founded, he is free of [...]urder; but only to be look'd on, as one, that has com­mitted Man-slaughter, which is not punishable by Law; because he did it in his own defence. Know that every Page of this Paper was Subscribed by Mr. K. We designed, when we be­gan to Transcribe this paper, to have given you a good number of more considerable Remarks; but finding, they will highly encrease its bulk, we altered our Resolution. Only we here de­sire you may take a second glance of the 19 Parragraph, wherein Mr. J. does most shrewdly bewray a great deal not only of Weakness, but Wickedness; for certainly he knew that Mr. K. was not before the Presbytery of Kelso at the time under debate: yet that he might make him a Lyar, a most Notorious Lyar (for such would he be, if Mr. J. had then spoken Truth) he in a most Fraudulent and Malicious manner attempts to prove it; but with the greatest imper­tinency imaginable, bringing in meer Chimera's; things that had no being, no existency at that time. His Faith, it seems, is much stronger than St. Peters, who walked on the Waters, for he can ride on a Nothing. In a Paper which he gave into the Synod 20 Oct. 96. (of which in its place) he Fiddle-faddles wonderfully (they say) about that Mare and Foal, telling that a Foal taketh not away the Essence of the Mare; a Mare is a Mare, says he, whether she has or wants a Foal. We confess this to be true, yet we still aver; that a Mare and a Foal is not a Mare; or that the Presbytery of Kelso with 10 or 12 Assistants. But we shall willingly grant that Mr. J. and his Chymera's are purely Mr. J Mr. K. here is shooting hood-wink'd at a Mark; for he never saw that malicious Paper, he only got some small account of it from these, who heard it read in Synod. When it comes to his hand in the dress it appear'd in before that Judicature, he hopes, he shall be able to give an answer. P [...]rragr. 21. Mr. K. is represented to his Judges at Eden, (particularly to a Minister of that City) as the greatest Enemy the Kirk of Scotland has; whereas many wise and learned men say, that Mr. J. has done more hurt to the Presbyterian Interest, than ten thousand of Mr. K's Principles.

An Account of what pass'd at Jedburgh 21 April 1696.
§ 14.

MR. K. being call'd in before the Synod, was asked if he had his Answer ready; He reply'd he had. There's a Committee, said the Mod. appointed to consider­it. I hum [...]ly crave, it may be read in f [...]ce of Synod, answered Mr. K. That shall be done, reply­ed the Mod. but the Committee is first to consider it. I desire Mod. to know who are upon that Committee; said Mr. K. for there are some here, against whom I humbly conceive I have relevant Objections, why they cannot be my Judges. You may object against whom you please before the Com­mittee, answered Mr. Semple. Mod. reply'd Mr. K. I humbly desire that the Synod may consider my Objections. This was flatly denyed. The Committee meeting, Mr. K was permitted to read over his own Paper, one of the Members looking all the while on its double. As he read he w [...]s frequently stop'd; especial [...]y by Mr. Anderson Minister in the West-Kirk, Correspon­dent from Lothian, for reflecting as he alledged, against the Synod. This Gentleman (said Mr. K. not then knowing what he was, yet seeing him to be a Stranger, and consequently unacquainted with the Affair) considers bare words; for certainly he knows little of the Subject, about which they treat If the words be conform to the matter, there's no ground of Complaint: and these cannot be Quarelled without the knowledge of this; unless you alledge that the Synod and its Com­mittees are Infallible. After these words he was permitted to read it over; yet he found by their looks and otherwise, that it was very unpleasant to their Palates.

§. 15.

THe day following Mr. K being called before the Synod, the abovementioned Libel given in by the Elders is read in his presence before a vast number of Peo­ple besides Members; which being done, some of the Ministers, and Ruling Elders desired that his Answer should be read also; others were positively against it, saying, that it was a paper full of Reflections against the Synod, and other Judicatures of the Church. They are not Reflections, answered Mr. K. but a true Relation of matters of Fact. The Members especi­ally, that had not been on the Committee, and only had heard that there were many very Strange Passages in the said Paper, but knew not particulars, were pressing it should be read. Yea, some of the Spectators partly out of a Principle of Curiosity, partly of Justice, took the freedom to say pretty audibly, that it was most reasonable it should be read. After a long and warm debate, Pro and Con; What, said Mr. K. shall a base, lying, scandalous Libel be read in face of a Synod, and before some hundreds of People, that never once saw me in the face before this time, and I not permitted to give it answer? It seems you are resolved to affront me. I [Page 122] I have subscribed every Page of that Paper, if it be such as you alledge; you have the greater advan­tage of me. Mod. I crave it may be read; otherwse, Ile protest against you. Then at length his desire was granted. After this a Question was moved, whether Mr. K. or another should read it? Some, who had no will it should be read at all, said that Mr K. read too slowly; and the Paper was long, but in effect the reason was; because Mr. K. read it too distinctly, and with too audible voice. After some debate amongst the Brethren (for Mr. K. opened not his Mouth on this head) he was ordered to read it. He scarcely had read a Page or two when he was stopt, especially by Mr. Anderson. This Gentleman, said Mr. K. is as unfit to be a Judge, as any I know; for he hates to be informed. The Mod. desires Mr. K. to proceed. Within a little he is stopt again by Mr. J and others. Yea, the 3 and 4 time. At last he takes Money out of his Pocket, and lays it down on the Table, saying, If he was stopt again, he would protest against them, and so leave them. How come you, said one, to write such things, as are in that Paper? I must write, answered Mr. K. conform to the Subject. If you had given me better Matter, you should have had better Discourse. 'Tis not possible for any man to make a good thread of such Nasty, Durty, Tatty, Tarry, Hairy Wool, as you have put into my hands. After a little jangling he was permitted to read it all over without further stop; yet not with­out many Gapes and Glowers, Spittings and Coughs; and not a little laughter of the Specta­tors, not to name some of the Members. Mr. K. being removed and called in again, was told he behoved to wait on till the next day; which being come, and he called in, Your business, said the Mod. is referred to a Committee, which is to sit at Kelso last Tuesday of May in order to ripen and prepare things for a Synod, which is to meet at Duns last Tuseday of July next, which is to put an end to your Affair. Mr. K. tho' not a little displeas'd with continual Dilatures, and their making of him trip sometimes West to Jedburgh, sometimes East to Duns; yet was glad to hear they had now at length appointed a Synod, which was to put an end to so tedious and expensive a Plea. And therefore said he to the Mod. That things may be prepared so, as you say, I humbly crave an Extract of the Process, particularly of the Depositions of witnesses, with some o­ther Papers, without which, 'tis simply impossible for me to purge my self; and you know that the Laws and Practicks of this Kingdom allow that benefit to all Persons in my Circumstances. I crave also, that Mr. J. may condescend upon his Informers; for I have too too mach ground to think, that some of the Witnesses are Informers, which is contrary to Law. Mr. K. being removed, there was a very hot debate in the Synod, whether to give an Extract or not, most of the more knowing and judicious men were much for it, particularly a very worthy Gentleman, the Laird of Tre­sons, and Mr Th. Steel Sheriff Substitute in Tiviotdale, which two Gentlemen had never sat on this Plea before. But above all, Mr. Orock frequently before mentioned, press [...]d hard that an Extract should be given; and on the Contrary, Mr. S. was tooth and nail against it. His great Achillian Argument (which in effect is no Argument, at most an In-artificial one) was, that the former Synod, had by a Vote refused an Extract, and so they could not now grant it. I hope, Mod. answered Mr. Orock, that Mr. S. does not think the Synod Infallible. The Lords of Session do often recall their own Sentence upon second thoughts; and why may not we do the like? Some, as Mr. K. was informed, were for giving an Extract, but not Sub­scribed by the Clerk, others motioned that he should be suffered to see the Depositions and other Papers in the Clerks hand; but not get them into his Custody: But neither of these two came to be debated. After a long Contest, it was carried by Vote of Synod to adhere to their former Sentence; and so to deny Mr K. all he desired. Being called in, he was told the mind of the Synod: and therefore expecting no Justice from a Judicature, that deny'd him the ordinary and legal means, whereby alone he could purge himself from the Calumnies, he was Charged with, he Appeal'd from them in matters Ecclesiastical to the next ensuing G: A. and in matters Civil to the Judge ordinary, as the said Appeal and Instruments taken thereon at more length bear; which was likewise done by the Comnissioner from the Earl. After Mr. K. was gone: Take up your Committee now, said Mr. Orock. I knew he would Appeal, answered Mr. J. before he came from Kelso. However, reply'd Mr. O. we ought not give him occasion.

Mr. K. is loath to be so positive, as to aver that Mr. J. made a Lye in face of Synod; if he affirmed so confidently, that he knew Mr. K. would Appeal before he came from Kelso: If it be not a Lye, we say, truly it comes near to the borders of one, for it was not possible he could know it. Mr. K. indeed, certainly knows, that he had no design to Appeal, till he saw Injustice done him.

§ 16.

REasons of Appeal. By Mr. K. School Master of Kelso from the Provincial Synod of Mers and Tiviotdale, met at Jedburgh, 21. April 1696. to the next ensuing G. A. of the National Church, when, and where the same shall happen to meet: which Ap­peal was made 23 of the said Month of April between 10 and 11 hours in the Fore-noon, as Instruments and Protestation taken in presence of the said Synod, in their Clerks hand; and in the hands of Alex. Don, Notar publick, by the said Mr. K. and A. Potts Writer in Kelso, Commissioner; Appointed by the E. of R. and his Curators to that effect for his Lo. Interest, as the said Protestations, craving Liberty to give in Reasons of Appeal to the Mod. and Clerk within 10 days, conform to an Act of the Assembly, at more length bear. Mr. K. School-master of Kelso hath right to the Office of Precentor and Session-Clerk, and to the Benefits thereto belonging; and he being impeded from the same by Mr. W, Jaque Minister in Kelso, and his Elders; and also being Libelled by his said Elders, as guilty of many horrid Crimes, gross Immoralities, and Corrupt in his Principles; as several Libels given in at several Diets to the Presbytery of Kelso, Synods of Mers and Tiviotdale, and Committees thereof, as the said Libels in the hands of the Clerks of the said Judicatures at more length bear. Mr. K. being obliged by the Law of God, Nature, and Nations, to defend himself against the Malice of Wicked Men; and that his Innocency may appear to the World, and he put into possession of what is his Right, he before the several Judicatures, being attended by the E. of R. his Com­missioners, gave in his Defences. Which Process having gone through the several Judicatures, and no Conclusion therein; but rather Injustice and Iniquity committed against the said Mr. K. not only by the Libellers, but by several of the Members his Judges; at length it did ar­rive, and come to the said Synod met at Jedburgh. Mr. K. not doubting but that Justice should have been done in this Affair by the said Synod, he and these appointed by the E. of R. did at­tend [...] the same, while it sat, being three days; and having heard patiently a most malicious, scandalous and lying Paper read against him, and which came in before the Synod Per Saltum, not being begun at the Presbytery; and he having read in his own defence a Paper in answer to the said scandalous lying Writ, and alledging most justly that the Synod could not meddle with that new Paper, or Libel until the former Process (as false and scandalous as the other) were discuss'd, and be either Condemn'd, or Affoil'd: and the said Synod having heard both Parties, would not Reject that scandalous lying Paper, last given in; neither would they en­ter upon, nor discuss the first and second scandalous Process, but carried themselves partially towards the Defender, by Hectoring, and Impeding him, when giving in his Defences, and by frequent stopping him reading his Information, they not forgetting the former Injustice done in the preceding Synod, Committees, and Presbytery; so that they would run on in their for­mer Channel. Wherefore, and for the Reasons under-written, the said Synod is a most incom­petent Judicature to Judge, or Determine in these Processes, or any part thereof, between Mr. K. and the Kirk-Session of Kelso.

1. The Ministers of this Synod (except perhaps some Correspondents) and plurality of the Elders, being the Members of the former Synods, (and the Presbytery of Kelso making a part thereof) can­not Judge on this Process, in regard of their Partiality, Informality, and Injustice already com­mitted by them, while Members of the Presbytery of Kelso, and Members of the former Synods, viz The last Synod, and its Committees, with the said Presbytery and its Assistants; these two Ju­dicatures having entred upon this business without owning Mr. K. tho' the Party most concern'd, and at their Advising, Arguing and Pleading upon the matter, did call for Mr. J. and allow him, his A­gents and Elders to be present, and refusing that benefit to the Defender, Mr. K. and these commis­sionated by the E. of R. Whereas, if he had been present, as often as Mr. J. &c. he would have con­vinced the Judicatures; and his Innocency would have been made appear. 2. The last Synod, made up of the Members of this, as said is, by their Sentence declared Mr. K. unfit for these Offices where­unto he has right, and that without calling for him, or hearing him; except when they were giving their Interloquitor, or Sentence As also he is declared uncapable by them without any Reason, Foundation or Because; or without condescending upon any Probation against him. And tho' they by their Sentence declare him unfit for his Offices, yet they do not condemn him for any particular Crime, or fault laid to his Charge; neither do they assoil him from their Scandalous Libels; which is alto­gether contrary to Reason, and Law Ecclesiastical or Civil. And seeing the Members of this Synod have been so Gross in their former Judicatures, who doubts, but they will adhere to their Asts and Actings already illegally gone about; so that Mr. K. cannot expect Justice from them. 3. The Mem­bers of this Synod, contrary to their former Acts and Sederunts did receive in against Mr. K. while [Page 124] they were sitting in Committees, new scandalous lying Libels or Paper, against him, and that Per Saltum, without discussing the old. How therefore can justice be expect [...] from such Judges? 4. The Members of this Synod in their said Commitees, or in their Judicature called the Presbytery of Kelso, with so many Assisting Ministers and Ruling Elders, did act contrary to all Law and Rea­son, and contrary to the very light of Nature, and the Principles of Christianity in the matter of Ex­amination of Witnesses (24 Sept. 95.) as most evidently appears from these following Particulars. For even after Appeal made from them to the Synod upon most rational and just grounds and con­vincing reasons, as the said Appeal at more length bears; Yet the Members of the said Presbytery (who are all mightily byass'd in this Plea, both as to Credit and Interest, as is at large most con­vincingly made appear in that Paper called, A Brief Answer, &c. given in by Mr. K. to the said Sy­nod at Jedburgh, 21 April 96.) with one single Assistant, Mr. Couden Minister at Duus, did pro­ceed to the Examination of a List of one and thirty Witnesses (besides these not in his List, which is a great Iniquity) whereof two only were designed, so that Mr. K. could not know, who they were he was to object against, there being 3, 4, or 5, of the same name in Kelso, to pass, who are in the Coun­try: some of which Witnesses were Ultronious; some hugely possess'd with Prejudice, and greatly byass'd; some both Judge, Party and Witness; yea and Clerk too; many present at others Examinati­on; some interrupted by Fellow witnesses, when deponing; and prompted by the very Judge to confess, by telling that the Prior-Witness confessed such a particular. Many Depon'd upon Hear-say only, and that in abscence of the Persons, who should have spoken such things; which method the following [...]ynod did condemn by a Vote, after a warm debate, Mr. K. had about Bessy Thomson, ( Sect 29. Part 3) A great number of Witnesses depon'd whole Wagons full of Exotick Stuffs, such, as Keegrels, Gi­grels, or Jigrels, &c. and that Super Inquirendis, on general Heads, which is a thing Contrary to the Claim of Right, and one of the Grievances of the former Reign, given into his Majesty with the Instrument of Government. Lastly, to name no more, several Depositions not making for the Li­bellers, are not minuted, And all this done with close doors, contrary to an express act of Parliament. This was the great day of Action, on whose sandy Foundation is built the whole Fabrick of this Pro­cess. Should all the particulars relating to this days work be here set down, the world might stand a­mazed thereat. It look'd rather like a Stage-play, than a Meeting of Divines. There is a Touch of this in the said Brief Answer. Now can any rational man expect Justice from persons, guilty of so many gross Escapes, as abovementioned. 5. This Provincial Synod in their former Meeting, not only proceeded illegally against Mr. K. as above; but did encroach upon the Property of the Earl of R. and other Heretors of the Parish of Kelso, by Empowering the Kirk-Session there to Act in, and present to the Offices belonging to Mr. K. and that in manifest contempt of Authority, and the said Patrons their legal Right, and contrary to the antient Constitution and Custom of the place, past memory of man. And, if Heretors by the present Constitution and Law of this Kingdom, have a hand, power or vote, in calling, or presenting a Minister to their Church, much more a Precentor, or Session-Clerk, who is to Record and put in Register the Mariages and Baptisms, which happen to be in their Parish; which business does rather concern Civil, than Ecclesiastical matters. All which being Considered, Justice in this Process cannot be expected from this Synod. 6. This Synods Illegallity, Partiality, and Injustice, appears in their present meeting at Jedburgh, that they not on­ly adher'd to their former Acts pass'd in the former Synod and Meetings above-represented; but also, contrary to the practice of the Civilized Heathens, refused to give to the Defender the Names of the Informers, tho press'd thereto by way of Instrument; and tho it was urged that the same ought to be done, in respect these Informers might be Witnesses against him. 7. This Synod contrary to the Municipal Law of this Kingdom; contrary to the minds and inclination of some of their Members. who appear to be most judicious among them, positively refused to give Mr. K an Extract or Double of the Process, containing the Depositions of the Witnesses, tho' again and again press'd thereto; and tho is was known to them all, that there was a particular Article of the Libel against the Defender founded upon a Petition given into themselves, and in their own hands; and tho' they Libel against the Defender upon that Petition; yet they refuse to produce either the Principle, or give an Extract thereof. As also tho it be known to this Synod, that of all the Witnesses, that were summoned, who were upwards of 40, yet Mr. K. heard none of these Examined, except three, his own two School-Doctors, and Andrew Robson in the Floors, so that there is an Assolute necessity for the Defender to have an. Extract or Double of the Depositions of the Whole Witnesses who were examined, seeing he was not present, when, nor knew what they deponed; for if he had been present, Lawful objecti­ons might have been given in against the Witnesses, and their Depositions, yet notwithstanding this Synod positively refused to give Extracts thereof. 8. To such hight of Partiality and Injustice some [Page 125] of their judicatures are arriv'd, that they not only refuse to give Extracts of paper in their hands; but also they discharge there Clerk to give the Defender the Extract of Instruments taken in his hands, tho upon most just ground against two of their own number: so that some times Mr. K. gets Extracts of his Protestations, but not in the words he takes them at; other times that benefit is positively deny'd him; as Instruments taken in a publick Notars hand can evidently make appear. Lastly, the method and way taken to prove Mr. K. guilty of some horrid Crimes, is the most sinistrous and back-ward course, that ever was heard of. An account of this you have Sect. 21, part 3. And therefore we shall not repeat things here. Only let no tell you, that Mr. Vetch. Minister at Westruther, one of them that should have depon'd upon this head, was justly petted at this new Contrivance; and therefore positively refus'd to depone. Edgar of Whathelly, very wisely follow'd Mr. Vetch, his own Pastor's footsteps. Mr. K. has just ground to suspect, that one of the Reasons, why they refus'd him a Double of the Depositions, is, because they have no will he should see the many extravagant and wild things, that are in them; particularly the Depositions of those, that were both judges and witnesses at one time.

By all Which, this Synod, or any Member thereof are most incompetent judges in this Process. And therefore Mr. K. appeals from this Provincial Synod to the next ensuing G. A of this National Church in so far as the matter is Ecclesiastical, and summons you the said Provincial Synod, with the Libellers and all others concern'd, Apud Acts, to Appear before the said G. A. when and where it shall happen the same to meet. And so far as the matter is Civil, he appeals to the judge ordinary. And thereupon the said Mr. K. takes Instruments. To which appeal of the said Mr. K Allex. Potts Commissioner from the E. of R. and his Lo. Curators adheres in every particular, as above mention'd; and also protests and takes Instruments.

A general Remark on the Reasons of Appeal. You have here such Reasons, as Mr. K. had at the time; but if either Extracts of papers, as Law and Equity require, had been given him; or had he been allow'd to debate, and reason matters fairly with his Adversaries before the judicatures; or yet had he then known the things, which Providentially are come to his ears since (tho he knows but yet a few) you should have had both more Reasons, and more convincing. But to supplie this want, at least in part, you may take a review of matters form Sect. 8, to the end of the 3 Part.

§ 17

KElso, 26 May, 1696. The Committee appointed by the late Synod at jedburgh, meeting here, M. K. went in to them, and ask'd, if they were met about his Affair; and being told' they were met for that end, he gave into them a Protestaion subscrib­ed with his hand: the Double whereof he read, one of the Members looking on the Prin­cipal; whereupon he took Instruments both in the hands of their Clerk, and in a publick Notars. The Sum of the Protestation is; 1. That his Appearance there might be no ways prejudicial to his Appeal. 2. That since he was firmly resolv'd still to adhere to the terms of the said Appeal, he judg'd it altogether unecessary to put himself to needless trouble and expence thereafter to attend any Church judicature below the G. A. of their Delegates 3. He protested against their procedure in this said Affair; and for Cost, Skaith, and Dam [...]g [...], and Remeed in Law; as the said Instruments bear.

§ 18.

STichel, 16 july. 96. It would be very tedious to give you a particular and full account of this passage, and all followed thereon. In short; Know, that Mr. S. (no question with the advice of his Brethren, whom he left at Ednim, where they were assisting the Minister there at the Sacrament of the Lords Supper) went to Stichel, and told Sir J. P. that the Synod was to meet at Duns. 28 of the said month, and wou'd certainly pass a Sentence very unfavourable to Mr K. And therefore he desir'd Sir J. who, he knew, had great Influence upon Mr. K. to advise him either to Dimit, or give in to the Synod a paper sub­scribed with his hand, whereby he oblig'd himself to give the Synod full satisfaction; or that he should leave to them to do in the Process, as they thought fit. There was a third branch; but it came not in so early, nor so directly, as their two, viz. Or that he should have the favour of the C. of R. to Mr. J. Sir. J sent an Express for Mr. K. and acquainted him with all that pass'd between them. Mr. K. positively refus'd to refer himself to the whole Synod; for he knew the temper of the most part. Yet he said he wou'd refer himself to a select num­ber: if they will permit him to name 20; he will leave to his adversaries to choose 9. 11, or 17 of these to determine matters: which he thought as great a length, as in Reason they could desire he should go. Or, he offer'd thus; as he had done frequently, before: Let him chuse any two Gentlemen he pleas'd; they other two; let these four take what Overs­man or Preses they please, he promis'd to stand to their Determination. As to th' other point, he told Sir J. he wou'd not Dimit; for, said he, people will look on that, as of I acknowledg'd [Page 126] I were guilty of the crimes, I am charg'd with. Yet he added; If he saw any propability that there would be peace in the place, Gospel-like, to have more success by his Dimision, he wou'd very readily lay down his Charge. As to the third particular, (which came in oblig [...]ely only) he said it was a very unreasonable Demand; and a most malicious act, or rather a con­tinued tract and course of wickedness in Mr. J. and others, to carry as they did towards him upon any disgust between the Countess and Mr J. After a long discourse upon these and other Heads, Mr. K. put a great many Questions to Sir John; such as, Whether, or not, the Synod or Presbytery wou'd give him a Testimonial? And what kind of one it wou'd be? Mr. S. an­swer'd, Sir J. spoke nothing of that to me. What will they do with the Process, continued Mr. K. They will let it fall: there will never be more of it, answer'd Sir J. If I be the man they call me, reply'd Mr. K. I think 'its a great fault in them to let me pass so easily. They wou'd feign, it seems, be quit of you, answer'd Sir J. with a smile. Many Inferences might be made from this passage, which we for Brevities sake omit. Yet we cannot get by this one; viz. that Mr. S. and some other brethren were fully resolv'd to pass on unfavourable Sentence, and that many days before they met in Synod. If this be not a Fore-stalling of the Mercat, let the world judge.

§ 19.

DUns, 28 july, 96. Mr. K. knew very well, if the Provincial Synod of Mers and Tiviotdale, with the Correspondents from other places should pass a Sentence against him, it wou'd exceedingly puzzle the G. A. how to carry on the Affair. On the one side, it wou'd be a most unpleasant Task to condemn the Sentence of such a Synod. On th'other, it could not but be troublesome to justify the many illegal and unjust acts, which that judicature and its Committees were guilty of. And therefore he was concern'd to use all Lawful means, and to spare no pains, nor Expences to prevent, if he could, a Sentence. He was not a little straitned as to time; for he only took his resolution 2 or 3 days before the Synod sat down. In he posts to Ear: from thence to Broxmouth: from that to Kelso: in again to Edr: back to Kelso: next day to Duns; and back that same day to Kelso. In all about 142 well met Scots miles; but certainly above 200 English, or rather 300 Italian. In this little journey he traveld day and night. Going from Kelso about 8 a clock in the evening, he fell out of the road in a moor some place forgainst Lauder, where he was forc'd to sit and walk up and down with his horse in his hand, from eleven a clock till day light, in a very dark and rainy night. But that, which far rather deserves to be here recorded, is the exceding great Discretion, or rather Condescension in some Person of great Honour; and the excessive Rudness and Barbarity in others of a far lower degree. Know then that Mr. K. got from that noble Lady, C. of R. (tho at that very time excessively afflicted with the news of her son the Earls dangerous sickness in Flanders) to My Lord Polwart (now Earl of March-mount) Lord high Chancellor of Scotland, a Letter, craving his Lo. wou'd be pleas'd to write to the M at Duns in Mr K's. favours. When Mr. K. came to My Lord Chancellor's Lodgings, tho his Lo. was at that time very busy writing letters, it being a Post-night; yet one of his servants telling that Mr. K. in Kelso, was waiting for a word of his Lo. Such was M. Lord Chancellors Discretion, Humility, Condescension, or what else you please to call it in a Vertnes sense, that immediately he was pleas'd to come to the room, where Mr K. was, and carried in such a discreet and affable manner toward him, that no stranger could have guess'd their Circum­stances. In short: his Lo. promis'd as soon as he had dispatch'd some letters for London-Post, he should write an Answer to the C. of R's. letter: which accordingly was done. As to the Contents of this letter, it was as favourable for Mr. K. as any person of Integrity, or one in My Lord Chancellors Circumstances could write. Mr. K. no sooner recives the Letter, but home he flees to Kelso, and from thence to Duns; where he waited at the Church door all forenoon) there being no Sermon; because the Minister, who should have preach'd, was indispos'd) sometimes requesting this Brother, sometimes that (above 30 in all) to get him access, but to no purpose, not imagining all this while, that they knew any thing of the letter from the Chancellor.

§ 02.

IN the afternoon he comes with the first to the Church door; but was not suffer'd to enter, the Officer telling him he was prohibited to let any in except Members. Many his for so we may call them (did this fellow commit, or rather they, who had given him the Orders (for within a very short time Mr. K. sam 40 or 50 enter, that were not Members, particularly Mic Fist­er one of his Libellers. After he had spoke to several of the Members, pressing them most ear [...]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 [Page 127] 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 'tis about your business; and since we are to do nothing in it here, tis 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 'tis. 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 'tis 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. [...]. 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. 'Tis needless here to repeat either his Arguments or their Answers. 'Tis 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 [Page 128] 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 of some of the Members of this Synod, and next of their Actions. Of the Members, Before we Fall on this Point, Mr. K. humbly begs liberty to use all Lawful means to vindicate his own and Posterities good name. 'Tis an ancient saying, Proximus sum egomet mihi; Charity begins at home. When his, and an­others Reputation fall in competition, so that the one must Perish: no man in reason can blame him to defend his own, tho' to the ruine of his Neighbours. 1. As to the Synod in general, they pretend, that they may proceed even to a Sentence, notwithstanding one of the Parties appeal from them. We shall not here enquire what in Equity and Justice may be done in this matter; and whether or not, it holds in all cases, only we say, that the Appellant in that case is not obliged to regard the Sentence of the Judge. 2. As to the many Honourable and Worthy Gentlemen, the Ruling Elders, Mr. K. here declares them altogether innocent, and free in an Active Sense of having any hand in the following Sentence passed against him; and earnestly prays God may forgive them for being guilty in a Passive Sense; for there was not so much as one of them present at this Synod; and yet some of them, even in this sense are ex­cusable; for they knew not there was to be a Synod, till after it was met, otherwise, said they, we had not fail'd to come. And since the Synod meets not on a fix'd day, Gentlemen ought to be Advertised. 3. Tho' Mr. K. has very relevant Objections (as he Conceives) a­gainst several of the Ministers, that sat his Judges, in this Synod; yet for Brevities sake, he thinks fit here to pass them all except two, whom he cannot get by in silence, the one being the Head, and chief person amongst them; he that sat at Helm, and Ruled all things: the o­ther the Foot, the meanest indeed in Office; yet such an one, who, tho' not a Judge, has a great stroke, and Powers in matters of this kind. And you know if there be a Vertigo, or Megrim in the Head, and the Gout in the Foot, 'tis not possible, that person can walk strait. This Simile is so pat and plain in it self, that it needs no Explication. The Persons are Mr. S. Moderator, and Mr. Gaudy Clerk.

§ 23.

EXceptions against Mr. Gaudy. Mr. K. humbly offers to your serious considerati­on these following Reasons, why Mr. Gaudy ought not to Officiate as Clerk in this Debate. You must in the first place lay down as a Certain Position (which no man in rea­son; or of experience in such matters, will deny) viz. That a Clerk (especially one of the same Qualifications, and Circumstances with the Judges, and much more, if a Judge also) is in a Capacity to do much good to the Party he favours; and no little hurt to that he has no kindness to. And the more tedious and intricate the Plea is the greater good, or evil he can do them. 1. Much depends upon the way and manner of wording and expressing things; and often this is in the Clerks power. 2. The Clerk on the account of a Dear Friend, or for some other Byass, dare sometimes venture to add, empair, or change a word; which very often is a matter of no lit­tle importance. 3. He can let the party he Favours have the use of Papers, and not the o­ther. 4. When the Parties are removed, and only the Clerk left with the Judges, he can re­veal what is done in secret, and inform the Party he favours, how this and the other Scruple may be removed, which is a singular Advantage. Now you are to know, that we found not our Assertion upon Topicks, or probable Arguments. No, No. We walk on far more sure ground, than only to alledge that Mr. Gaudy might, or could do the other Party this or that act of kindness We positively aver, that he has really done them very many singular favours, and has refused to do the like to Mr. K. Yea, has flatly deny'd him such acts of Justice and E­quity, as a Clerk is obliged to by Office. This you have again and again above told you, So that he has been exceeding Partial in this affair. Yea, we dare say more, than so; viz. That it is simply impossible he could shun to be such; because he is one of the Party, and that a very considerable one; one that is very much concern'd in this Plea, both as to Credit and Interest. We need not here again repeat, how he, and the rest of the Members of the Presbytery have spent and consumed Mr. K's Revenues; viz. The Profits under debate, and passed an Act, or­daining [Page 129] the same for another use, than for his behalf. So that in a word, if you had run thro' the World to find out an unfit person for this Office, you could not have fall'n upon a fitter for your purpose; and one more for Mr. K's hurt, than Mr. G. or any other of the Members of Kelso-Presbytery. For, 1. by this means you have put the whole Process into the Custody of one of the Parties; so that they may view, and re-view Papers at pleasure. Yea, they may throw some of them by, or cast them into the Fire, and by their Oath (as has been done) depone such and such things were in them ( Sect. 21. Part. 3.) And yet Mr. K. cannot have so much as a look of such Papers, as the Supreme Law of the Kingdom not only allows, but enjoyns should be given him. 2. By this means the one Party continues still with the Judges, when the other is removed; for certainly a person of Mr. G's Qualifications and Circumstances, may be look­ed on, as equivalent to all: he can inform the rest better than any of the Judges. This, if considered, will be found to be a very great act of Injustice done to Mr. K. and a Demonstra­tion of Partiality in the Judges; especially since they were told that he was a Party. 3. If it may be supposed (which few will deny but they know it by experience, if ever they had to do with such People) that a Clerk may Record amiss, by adding, empairing, or changing, a word for his Dear Friend; may we not much more suppose, that he will do it for himself? We need not suppose this, seeing we can infallibly prove that 'tis done oftner than once. To conclude this Point. It may truly seem a Wonder of Wonders to see one and the same person sit as Judge, adduc'd as a Witness, officiate as Clerk, and (which is worst of all) be one of the Party. Now of these 4 Offices, Mr. G. perform'd 3 in one Minute; he was a Party, a Witness, and a Judge; yea, the Moderator of that Famous Judicature, which sat 24 Sept. 95. And yet Mr. Thomson in Ednim did exceed Mr. G. that day; for he was a Party, a Judge, a Clerk, and a Witness. Mr. Glen in Stitchel was little short of either; for he was the whole Presbytery of Kelso, supplying the place of many Judges, and representing as many Parties. Above all the rest, we must confess, that Mr. Couden in Duns acted his Part so to the Life, that none in this World shall ever be able to go beyond him; for he alone that day (as above-related) representing all the 12 Assistants, not only made most diligent search thro' all the Corners of this Earth; but (as you heard) went down to the Regions below to see what could be had there, that might make any ways against Mr. K. Nor was Mr. J. you may be sure, wanting in his part, the fittest man on Earth to bring up the Rear, and to push forward to Battle. He had also several Posts or Offices; for he was a Judge, a Witness, and the Head of the Party: or in a more proper sense, he might be called General Adjutant, or Muster-master, for well can he excite them to their duties, and chastize such as transgress, at least with most bitter and contumelious words. We read in some of the Antient Writers, many strange sto­ries. Amongst other things, they tell us of many Monstrous Creatures: Chimera, they say, had the Head and Brest of a Lyon, the Belly of a Goat, and Feet like serpents. Some Giants had 50 Heads, and 100 Hands. They talk of some so mighty great, that with their Body and Arms they could cover Acres of Land. What truth here is in these things, we shall not debate; nor what gave rise to such stories and fables. All we shall say at present, is, that the abovementioned Judicature seems no less Monstrous, than any of them; and as we do not be­lieve these stories to be real truths, neither will our Posterity believe there was such a Judica­ture in the World as sat the 24 Sept. 95. at Kelso.

§ 24.

EXceptions against Mr. Semple. Mr. S. is a great Man in the South of Scotland; a Leading Member in every Judicature, named always with the First. Hence some call him The Bishop of Mers and Tiviotdale. So that you will say, it seems dangerous to write any thing about a person of so high Esteem. Mr. K. is not ignorant of this, but he finds and absolute necessity either to write (be the hazard what it will) otherwise to leave a Stain, both on his own, and Posterities Good-Name, which is dealer to him than his very Life; for he hopes, that shall live, when he shall lie down in the dust. And he resolves to write nothing but truth; things he himself is Ear and Eye-witness to, or what he has received by good in­formation. In short, know, that Mr, S. ought not to sit Judge, far less Mod. in that Judica­ture, wherein this Plea is to be determined; Because he is a Party; and that if all Circum­stances were well Considered, the chief and prime in the oposite side, there being none more byassd in point of Honour and Credit, than he; and equal to any as to Interest, so that in effect he is a Corrupt Judge. Mistake us not, we mean not a Judge corrupted by Gifts, or Briber; but one exceedingly Prepossessed with such a Byass, that there is little or no ground [Page 130] to think he will act Impartially in this Affair. Mr. S. we say, is a Party by being a Member of the Presbytery of Kelso; for you must know, when Mr K. came to that place (16 May 1692. the Presbytery of Jedburgh and Kelso were one and the same; a Joynt Presbytery, sitting some­times at Jedburgh, and sometimes in Kelso, generally by turns, and continued so a long time thereafter. Hence, Mr. S. Mr. S. we say, especially being a leading Member, opposed Mr. K. in his just right from his very Entry; particularly, Jan. 93. of which Business you have a large Account, sect. 5. &c. part 1: Yea, he with the rest of the members of that joint-Presbytery. did pass an Act, as is once and again above related, appointing the Profits and Emoluments under debate for another Use than Mr. K's Behalf; of which sect. 1.3. parag. 12. Now, is not Mr. S. think you, very much concerned to defend his Honour and Credit in all this Affair? Do you expect he now will act contrary to what then he did? This were to cry Peccavi, and to crave Mr. K's pardon for the Injury he has done him; and to declare to the World, That it was an unjust Act, whereby they deprived Mr. K. of the Profits, and dispos'd of them for their own Ends. This is such a mighty strong Byass, that it cannot but make him a partial Judge in this Plea: a Party indeed he is, and that one of the first Degree? And shall a man sit Judge in his own Cause? A second unanswerable Argument, why Mr. S. ought not to sit Judge, far less Moderator in this Plea, is, Because he was prepossessed with Prejudice. With Prejudice, we say, in its most native and proper Signification: for he had prejudged the Cause, and passed Sentence aforehand. He and others were firmly resolved what to do in the Affair, before they were met in Synod: so that their meeting there, was only for the fashion. This is a most dreadful Business; 'Tis the very height of Iniquity to condemn a man unheard. By this means, tho' Mr. K. had spoken like an Angel in his own Defence, it had been to no purpose; for nothing he could say, would have avail'd in a Cause concluded many days before they met, as most evidently appears from that Communing between Sir J. P. and Mr. S. (sect. 18.) You may assure Mr. K. (said Mr. S. to Sir J.) that a very unfavourable Sentence will pass against him, if he do not either dimitt, or give in a Paper to the Synod, obliging himself to stand to what they shall determine in the matter. We walk not here, you see, upon Conjectures or Presumptions, as some do, alledging, Mr. S. ran always cross to Mr. K. on the Account of that Letter mentioned, sect. 8. Paragr. 1. or, because the C. of R. took so ill with him, when he went Ambassador for Peace, sect 1. part 3. occasioned (as is alledged) by Mr. K 's Information to her L [...]. &c. These things might indeed add, and that considerably, to the Byass: but we build our Assertion upon most legal and just Grounds, such as no Person will deny, viz No man ought to be Judge in his own Cause. This the Synod at Jedburgh found to be most rational and just: and therefore they laid aside the whole Presbytery of Kelso, from judging in this Affair, little then considering, that Mr. S. was one of the chief of them. And as to the other Reason, viz. That no man ought to be condemned till he be heard: or, no Sen­tence ought to be extrajudicia [...]; or passed in private by a few before the Day appointed for the Judges to meet.

Will any man, think you, say ought against this? There remains yet another thing, which we cannot well pass in Silence, it making exceeding much to our present Purpose, being a further Demonstration of Mr. Semple's Unfitness to be a Judge, far less a Moderator, in this Plea. In short, 'tis this: So great is the Influence, which he has upon the Generality of his Brethren, and the Stroke and Sway he bears in their Judicatures, that he can almost turn them, when and whither he pleases. The younger Sort, or new Entrants, no sooner Begin to peep, (if they run not his way) but immediately he takes them by the Nose, and sets them into his own Road. Mr. Thompson in Ednim, some little time after he was in­stalled, at a Synod in Kelso, beginning to speak as he could; What▪ (said Mr. S.) Vix Scho­lam ingressus es, & jam de Ludo loquetis. We could give you some hundreds of Instances to prove this Point, were we not posting to a Close: Yet we may hint at a famous one which fell out at the Synod, Octob. 97. about planting the Church of Linton; for to give a full Ac­count of this Affair would be very tedious: and therefore we shall only touch two or three Particulars, which make most to our purpose. Know then, that the whole Parish, (Heretors, Elders and others, not so much as one single Person appearing to the contrary) was for one Mr. Angely, a Person, they say, sufficiently qualified for the Office. Mr. J. opposed him with Tooth and Nail, while the Matter was depending before the Presbytery. After no i [...]tle Debate there, it came in before the Synod, where Mr. J. and Mr. S. (the two Bishops, [Page 131] as they are call'd, of Mers and Tiviotdale) wrought so powerfully, that they got Mr. Angely kept out of Linton. But the thing here most worthy our Notice is, that Mr. S. came to this Synod, according, it seems, to his use and wont, stuff'd with Prejudice: Prejudice, we mean, in the above mention'd Sense for he said to a Person of honour, and others the day before the Synod met, that Mr Angely should not come to Linton. Now, to conclude, tho you had made Enquiry through the world for an unfit Person to be Mod. in this Plea, you could not have fall'n upon one fitter for your purpose, than Mr. S. whether you con­sider his Byass his Prejudice, or his Power. Any of these three, singly taken, is of great mo­ment, but jointly considered, they are intolerable. A three-fold rope, you know, is hard to break,

Pray, do not mistake us in this matter, as if we thought every man, that has Influence on others, unfit to be a Judge, Preses, or Mod. among them. Yea, on the contrary, we cannot, but acknowledge, that he is rather more fit for such an Office, especially if that Qualification proceed from his Merits and Vertues; such as his Piety, Knowledge, Learning, &c. All we here aver, is, that this Qualification or Property in Mr. S. being join'd with the abovemen­tion'd Byass, and Prejudice, renders him the most unfit Person in the world▪ (except perhaps Mr. J.) to be a Judge, farless Mod. in that judicature, which is to determine in this Affair.

§ 25.

THe Procedure of the Synod. Th [...] it be not a business of very great moment [...] yet 'tis not amiss, that you know the pains this Synod took to cause Mr. K to appear before them. 1. He was cited by their Officer 3 days before they met, and that after the same manner, it was always formerly done 2. The Synod having met and sit the whole day without calling him, at night they considering more narrowly his Summons with the Execution, find them Informal and therefore order him to be cited De Nero, to appear the next day, which was done about 7 a clock at night. This is a Demonstration that even according to the judgment of the Synod, Mr. K. never got a Legal Citation before this last; for all were conform one to another. 3. A Committee meeting in the Moderator's Chamber in Mr. J's house, (the fittest place in the world for their design) and further considering the said second Citation, found it also faulty, and therefore order their Officer to summon him the third time, about ten at night. There is a very considerable alteration in the last Sum­mons; for by adding a word they exceedingly empair the matter. In the first two they design Mr. K Schoolmaster of Kelso; in the last Pretended Schoolmaster only, This Committee meeting in Mr. J's. house, become quicker sighted, than the Synod sitting in the house of God. They receiv'd, it seems a new light, by getting from him a Sip of Pegasus's Well. Yet they recanted before the next morning; for when they were come again to the house of God, they in another paper later, than any of the three Summons, call him Present School­master; which when he heard read, he could not contain himself from saying with a smile; M. you astonish me with your Papers, sometimes calling me one thing, sometimes another. Yester­night at seven a clock you design'd me Schoolmaster of Kelso; about ten Pretended Schoolmaster; and now Present Schoolmaster: you twirle me round, as if I were a Whirligig. If any doubt of the truth of these things, Mr. K. can produce the 4 said Authentick Papers, demonstrating what's above related. We should by right order have begun this Section by telling you, that when Mr. K. was call'd in before this Synod, in the first place he protested, that his Apperance there might not be prejudicial to his Appeal, next being told by Mr. S. Moderator, that they had call'd him in to hear a Paper read in his Presence. I desire to know M. answer'd Mr. K. whether that paper relates to the Process which now by an Appeal is carried from this judi­cature to the next ensuing G. A. or be some new business? If it relate to the former Process; I humbly beg your Pardon, if I refuse to hear it. If it be a new Charge, I ought to have been cited for that end. We are not oblig'd, reply'd the M. to tell you, whether it be a new business, or an old. Nor do I think my self bound, M. answer'd Mr. K. to hear I know not what: especially since I look not on you, as my judges. And with this he left them, taking Instruments on what pass'd on both sides.

§ 26.

AFter Mr. K. was gone, the said Paper, being an Answer to the Paper given in to the Synod of jedburgh, 21 Apr. 96 ( Sect. 13) was read in Presence of a vast number of people besides Members of Synod. There are two Papers [...]th one consisting, they say, of 17 Pages in Folio, the other an Abridgment of this, made up of about 40 Particulars. They are compos'd by Mr. J. but given in by his Elders. A particular account Mr. K. can't give you, having never Seen these papers: but many that heard them read, have told him, that they are stuffed with an Infinite number of the most reviling, malicious and hellish Ex­pressions [Page 132] Imaginable against Mr. K. and others. To mention no more, take these for a Sample. They call Mr. K. The Devils Agent; Factor for Hell; The Countess of Ro [...]cburgh, Ape and Pert, whom she seeks and maintains to Suck out her [...]on hears blood, &c. And, which is worst of all, these most unchristian and Devilish like Expressions are back'd with a great many Citations out of holy Scriptures. In a word; the Members of Synod were generally much displeas'd with them and even these, who favour'd the thing, said, they behov'd to be lick'd over again. Mr. Orock, frequently abovemention'd, abhorr'd them; for which Mr. J. openly revil'd him, calling him Mr. K's. Agent, &c. I never yet, reply'd Mr. Orock receiv'd any Fees from Mr. K. for agenting his business &c. I desire, added he, It may be taken notice of, that Mr. J. does this apbraid, and revile me for freely speaking my mind to exo [...]e [...] my Conscience.

Thus you see, how this worthy person, a most knowing and learned man; is treated by Mr. J. for doing that, which he judg'd his duty. Is't any wonder, he reviles Mr. K. when he spews out Venom a [...] his own brother in the face of Synod, assigning him to the most slavish Employ on Earth, yea, that is in Hell it self? An Employ many degrees below that, which he gives to Mr. K. the one he calls the Devils Agent and Factor, the other the Devils Agents Depute; a Drudge of the Devils Drudge. We cannot well pass, what Mr. Johnson, Mi­nister at Esteton said to two or three of his Brethren at the Church door, as he came out from hearing this Godly Sermon or Lecture of Mr. J. I wou'd rather, quoth he, have been sitting in my chamber, taking a pipe of T [...]bacco, than in the Church hearing you discourse. And yet, 'tis much to be doubted, if ever Mr. Johnson. read, or heard a Sermon better back'd with Scripture, than they say that is. Amongst many other acts of Injustice done Mr. K. in this present busi­ness, this is one, that a great number of people hear'd those papers read, who had never soon▪ Mr. K. Whereas in Equity and justice that, as well as these ought to have been entirely read over, and not some Sentences only. After the said two papers were read, and the Synod adjourn'd till the next day, several persons came to. Mr. K. and gave as good ac­count of what pass'd in Synod, relating to his Affair, as their memories could bring away; especially concerning the two said Calumnious Papers. Whereupon he thought himself ex­ceedingly concern'd to get their Extract. And therefore the next day he call'd out Mr. Rams [...]y Minister in Heymouth, and told him he desir'd to have Liberty to come in before the Synod. You'll immediately be call'd in, answer'd Mr. Ramsey, to hear a Sentence, that is pass'd against you. If I had not something else to do before you, reply'd Mr. K. I wou'd not come in at your Call; for ye are not now my judges. In he goes, and in the first place protests that his Appearance before them was not in obedience to their Call? and therefore ought not to militate against his Appeal, a he crav'd an Extract of the whole Process, particularly of the Depositions of witnesses; but more especially, and above all an Extract, or Double of these two Hellish Papers he heard were read before them. When he call'd them Hellish; J. T. one of the Libellers or Elders protested against the said Word: whereupon Mr. K. said to the Clerk and him; See, ye forget not to put into your Instruments, that I call these your Papers, not only Hellish, but Devil­lish also; and worse, if I had a worse word; for they Call me The Devils Agent, &c. The Synod flatly refusing to give any Extracts, particularly of the two said reviling Papers, Mr. K. did further protest, that they might be kept In Retentis, without having any thing added to, empair'd from or chang'd in them, telling the Synod, especially their Clerk, that perhaps it might come to pass, that some of them wou'd be oblig'd to depone that these are the Au­thentick, Individual Copies, which were read in face of this Synod. Next says the M to Mr. K. We have call'd you in to hear the Sentence, which the Synod has pass'd against you I am willing to hear it, answer'd Mr. K. with this Proviso, that my hearing it at your desire be not perjudicial to my Appeal; and thereupon protested. After the Sentence is read, Mr. K. is remov'd; and being call'd in again, he protested as before. Then said the M. I wou'd, ask you one thing; but 'tis a matter of very small moment. If you will pass from your Appeal; we will give you the Extracts. Is this the matter of small moment; M. reply'd Mr. K. No, No. Upon no other terms will I pass from my Appeal; unless you pass from your Sen­tence, and give me the Extracts of the Process, that so we may go on Equally, and legally. What advantage can I have by the Extracts, after the Cause is concluded. They will be of no more use to me, than Physick to a dead man. These being refus'd, and Mr. K taking his leave of them, We have now done with you, said the M. But I have not yet done with you, answer'd Mr. K. and so left them.

§ 27.

THe Sentence. Oct. 2 [...] 1696. The Synod this day taking into their [...] Consideration the long [...]pending [...] ag [...]st Mr. [...] at Kelso, and the Report of several Committees o [...] this Synod [...] that Affa [...] [...] ­gether with the Libels exhibited [...] his Answers, Depositions of witnesses, and other Papers Hin [...] [...], relating tho [...] [...], that [...] had [...] legal Church-session o [...] presbytery and hath [...] and [...] without any trial or appro [...]ation of the presbytery [...] Papers hath vented several [...] Synod have been very offensive, because of many [...] [...]hey [...] [...]udicatories as also that by the Deposition [...] of several [...] Authority, as a School-master; and hath [...] his sp [...]es, and Behaviour before [...] Scholars to [...] the corrupting of the [...]; and that he [...] officiated [...] the work of the Gospel in the place▪ In consideration of all which, the [...] to confirm their former Sentence [...] Judge the [...] unfit to be a publick School-master or Teacher of Youth▪ [...] out of the Records of the Synod of [...] and [...], [...] Pro.

§. 28.

REmarks upon the word. Tho the [...] you have [...] and the preceding [...] Sentence; yo [...] [...]or fashions sake we shall further and th [...]se [...]. The two horrid and [...]. There's not so much as [...] of them. [...] It was firmly determin'd and resolv'd [...] private; by as many loeading Per [...]s, [...]from that commu [...]ing [...]. Sect. [...]. [...] thing▪ but [...] Taking into their furious [...] of witnesses▪ [...] But [...] [...]itnesses▪ o [...] their Depositions▪ [...] Testi­monials▪ &c. They [...] ▪ A very strange [...] ▪ They find▪ [...] certainly [...] ­form'd. But, pray, how [...] they by this [...] [...]nform'd [...] M [...]. K. [...] Testimonials, &c. [...] a [...] the man. The contrary Party [...] the Synod [...] they [...] with [...] ▪ Strange. The words of [...] [...]o [...]dation of the Synod▪ [...] ­ledge: [...] foundation [...] Sup [...]struc [...]ure must of necessity correspond [...] ▪ But that which you can [...] Mr. K. [...] the Synod▪ that the account they had got from Mr. [...]. and his Elders was both [...], and de [...]ective▪ Sect. [...] ▪ [...] Re­ference [...] yet neither they nor any other Judicatures did so much as [...] Test [...]onial [...] [...] de­sire to see what kind of Testimonials he had▪ It wou'd seem they [...]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 o [...] Crime [...]or to [...] one. Only [...] imply [...] guilt if you [...] Testimonial▪ when you seek it. If the Synod had been pleas'd to desire him to get m [...]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 [...]. Lastly, is't not strange that Mr. S. Moderator, and Mr. G. Cler [...] 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 no [...] the least scruple imaginable▪ without asking for a Te [...]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. [...] ▪ Answer to the [...] Article. The wa [...] 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. [...]Tis an Offence taken, as we say, not given▪ Black ought to be call'd Black. 'Tis a fault not to speak, and write conform to the Subject, when we are call'd to it▪ R [...] 8▪ [...]y the Depositions of witnesses, it appears he wants [...] See [...] [Page 134] 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 [...] [...]udge did sust [...]in it; for certainly, said he▪ [...] Opinion [...] Troius, or Thinks it; and therefore s [...]ars [...] is so.

Mr. K. has taught youth [...] [...] years▪ [...] any Parent, Friend or Relation of [...] Scholars ( [...] know) did so much [...] say▪ [...] had not sufficient Authority▪ yet [...] are, who [...] at it; and the [...]udges believe it. Perhaps these Ju [...]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, wh [...] Mr. [...]. so highly commends, as a religious [...] Instru [...]r of youth, and that [...] [...]o God himself▪ [...] the publick Prayers of the Church [...] the Lords day▪ and in his Dis­courses from the Pulpit [...] people▪ [...] shall [...]ear in its place; and all thi [...] to cry down Mr. K▪ and to make him [...] in the eyes of the world▪ That Person, we say, whom Mr. [...]. and his El­ders [...] up [...] Kelso, [...] sufficient Authority in [...]his eminent▪ [...]eptation of [...] being S [...]day, in time of Divine worship▪ four of his Scholars▪ [...] of the [...] sons of the Elders [...] of the Church, and got in at a Window of Mr. K's. School (so [...] 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. [...]. before the [...] 9. He hath discovered such unsavouriness and obscenity in his speeches▪ [...] [...]tis [...] like [...] the [...]usiness about the Keegrels, Gigrels▪ or Wagrels. [...]f which we have said too too much already▪ Sect. [...] Part [...]. [...] ▪ Yea, [...] [...]lso the Sentence, [...]uch [...]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▪ Th [...], This p [...]r [...]i [...]l [...] alone mov'd Mr. [...]. [...] ▪ If this one word had been left out▪ he had sit quiet▪ and [...] ­tiently born the [...] that [...] done him▪ Obscene Behaviour before his Scholars▪ He [...] Mr. [...]. and [...] the rest of the Members of this Synod [...]o make good this one single Point▪ and [...] provokes them [...] [...] He [...]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 P [...]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 mar [...] 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. 1 [...]. 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 [...] ­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 [...]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.

§ 1.

KNOW then; (as was abovemention'd, Sect. 11▪ Part. 4. Answ. [...]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. James Dowglas) and that without any Call, Consent, or Allowance from the [...]. of R. and others concerned, who disco­vered their just Displeasure against the Encroachment on the Right and interest of the said [...]. and others by imprisoning and fining those who were accollary to it. And this Mr. J. and his Elders did ten months before the abovemention'd Sentence ( Sect. 27. part. 4.) was pas­sed against Mr. K. Hence did happen several Quarrels between Mr. K's Scholars and those of the new Erection, and that on such Grounds as are usual among Children. For Instance, Mr. K's Scholars being informed that the said Mr. Dowglas had frequently pronounced the Penult of Docebam, Docebo, &c, short, did upbraid and insult over him and his Scholars for so gross an Escape. A second [...]nstance of another Nature▪ and which was like to draw D [...] ­per, is, that Mr. D's Scholars unjustly invaded the casual [...], which [...] to those of the publick School from Bridegrooms, who belong to other Parishes; and are married in Kelso, who use to give to the Scholars a Foot ball, or Money to buy one▪ [...] such occasi­on there happen'd ( Decemb. 96.) a Scuffle, by throwing Snow-balls at one another. A young Gentleman, Jo. Waughop, Son to Captain Waughop the Laird of N [...]dd [...]e's Brother, ha­ving a Snow-ball cast at him by one of the opposite School, intended to retort that Injury, and to p [...]y him home in his own Coin, but was hindered by Ro. Dick [...]on, the Boy's Father, [...] [...]- [...]ker there, who laid violent Hands on him, and throwing him down in the dirty Street, [...] dis­dainfully set his Foot on him; which did so incense the Youth, being of a high [...] Cou­rage, that he could not bridle his Indignation, being thus affronted [...] the Fello [...] [...] as soon as he got to his Feet, he drew his Knife, and threatned to thrust it through the [...]- [...]aker's Cheeks. Mr. Dowglas, who was a Spectator and Witness to all▪ [...] to the young Gentleman's Governor, and gave him a most partial and false account of what [...] his Pupil pursued the other Boy with a drawn knife, whereas [...]e conce [...]led the Injury [...]e had re [...]ved from the Boy's Father, who alone was threatned (and but [...]) with the knife upon the pro­vocation of such outragious usage: And upon this Information, so [...] false as it was▪ the young Gentleman was whipt by his Governour. Now know, that Mr. K. was altogether ignorant of this whole Passage till 3 or 4 days thereafter; at which time the 5 Elders and the said Mr. Dowglas with a publick Notar and some Witnesses, being all sent by Mr. [...]. came to the School (and that very unmannerly; for he knew not till he saw them in the midst thereof) and gave him an Account of it, as defective and false as the former▪ Mr. K. [...] all this unusual Solemnity, that they were not acted with respect to [...] to insnare him, and to bring him upon the [...] Lo [...] ▪ either of [...]ob [...]ging the young Gentle­man's Relations, if he should use him to dishonourably▪ or else if he refused, [...] them matter of Acculation against him, answered, That it was a matter of Grief and [...] that any such thing should fall out, the same being contrary to [...] Laws and [...] School. But when the Elders peremptorily required, that the said Youth should be [...]antly whipt [...] their Presence, he plainly told them, That he be [...]ved to [...]e [...] [...]ore fully canvass'd, and be better inform'd what was done [...] would take his own Way and [...] to correct the Scholars, according to [...] which the Governours of Youth are obliged to: Adding, That [...]e be [...]ed never [...] thing was demanded of a Master, [...] to punish his Scholar with such disgraceful [...] the doing it at the Command and in the Presence of all the Kirk Elders, a publick [...] intruding opposite Schoolmaster and several Witnesses. Whereupon the Elders [...] and took Instruments, and Mr. K. did the same. But if he had then known, that Mr. Dowglas had complained to the Youth's Governour▪ and especially that he had been corrected by him, he had given them a farm more [...]a [...]t Answer.

§ 2.

MR. J. the Sunday following (3. Jan. 97) in his Sermon took occasion to dis­swade Parents to put their Children to Schoolmasters who negle [...] their Duty▪ inveighing bitterly against such of 'em as allow'd and encourag'd their Scholars in all sorts of Vice, and refused to correct them for the greatest Enormities▪ the most solemn [...]y [...] to do it. Of this general Doctrine he made particular Application in the Terms following▪ We [Page 136] had, said he, the other day, in this place, a very sad Instance of this; a Boy guilty of such a high Crime, as might have brought both him and others to a violent Death, and to this hour is not corre­cted for it. The Design of this was so evident and palpable, that few or none in the Church, but they knew that Mr. K. was the only Person pointed at, on the Account of the late emer­gent above narrated. This so publick and solemn Affront, with many other former Injustices none by Mr. J. to Mr. K. put him in a little Disorder, in so far that he apprehended it fit and just to vindicate himself at the time, and in the place, when and where he was so publickly defamed by a false representation, and expos'd by such a Description as was equivalent to the Naming him expresly; he did therefore say to Mr. J. in the very Minute after he had spo­ken the said Words, (viz. and to this hour is not corrected for it.) Sir, that Boy was corrected for that fault. Whereupon Mr. J. turning his Face towards Mr. K. and directing his Discourse to him, answered, You are the Person I mean; You are a Plague in this Place. Mr. K. rising up again, replied, Either you or I, Sir. All which was so done, that no Disturbance followed thereupon: only Mr. J. seem'd a little damp'd with Mr. K's Repartie, and became Pale like Death: at last Recovering himself, I think, said he, since there's no Magistrate here to take Notice of such Disorder as this, the Commandant of the Place should do it. Now know, that my Lord Carmichael's Regiment of Draggons were then lying in Kelso, and their Major with se­veral other Officers were in the Church, yet none of them, tho' sitting hard by Mr. K. did any manner of Way own the thing.

Another pretty Odd Passage.
§ 3.

MR. J. having read from the Pulpit (27 Decemb. 96) the Names of 7 Persons, who were to be added to the number of his Elders, desir'd those that had ought to object against any of them, to come to the Church upon a day appointed by him for that End, and inform against them. Accordingly Mr. K. on the day prefix'd, went with a Notar and Witnesses, to give in his Objections in Writing; which Mr. J. at first allowed him to read, but soon stopp'd him, requiting Mr. K. to repeat, what he had to say upon the Mat­ter; which as he was doing, Mr, J, again interrupted him, telling him, that 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 'tis 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. 'Tis 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

[Page 137]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-merc [...]t another time the same Person said, It were alms to hang K. Now, whether such a Person ( [...]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 Ʋltimate 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 an Act of a G. A.? 'Tis enough, M. answer'd Mr. K. that I can prove, it clashes with an Act of Parliament; and I hope you will not readily jump over that. And besides M. continu'd Mr. K. I know no Act of any G. A. allowing or approving, farless enjoining what the Synod did in this matter. some debate upon this, and and other Heads, Mr. K. was remov'd: and being call'd in again, the M. told him, his bu­siness was transmitted to the A. At which he was very glad, especially considering, that in the A. there were many knowing and learn'd men; men, that understood the Laws and Customs of the Nation, and consequently true and sound Reason, whereon these Laws and Customs are founded; which the generality of Ministers do not; yea, cannot understand.