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 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.

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) 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.

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.

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, 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.

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 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.

'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 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.

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.

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, 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.

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.

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.

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.

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.

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 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.

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 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.

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.

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.

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; 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.

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 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.

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

We cannot well paſs here an expreſſion, they ſay, he had to ſome perſons at Biggar, when they were adviſing of him not to go to Kelſo. You are now become Old, ſaid they to Mr. Jaque, the people there are very High and Proud; ſo that you'll find them ſomewhat untractable; eſpecially conſidering that they are divided amongſt themſelves, and thoſe generally of the beſt Note are of a different perſuaſion in matters relating to the Government of the Church, and conſequently will ſuit very ill with your judgment in that matter. That's nothing, anſwered Mr. Jaque, I love to be in Action. He had ſpoke more properly, if he had ſaid, I love to be in Contention. A Commentary on this may be a ſaying of his own Brothers ſon, Alexander Jaque, a Dyer in Eaſt Lothian; while diſcourſing one day with a near Relation of Mr. K's he told he had an Uncle, who is Miniſter at Kelſo; but, added he, Sure I am, he'll keep them all in hot water, and make them eat their meat in order. Shame befall him, and you both, reply'd Mr. K's Friend; for well know I whom he keeps in hot water, my very near Relation Mr. K. School-Maſter there; but I am much miſtaken, if ever your 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.

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 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.

AS it was very proper to give ſome account of the way of Mr. J's Entry to the Kirk at Kelſo; ſo now, we hope, none will think it impertinent to give here a touch of his Carriage after he was ſetled there. Every body would have thought (eſpecially conſidering the odd way of his Entry to the place, and the quality and Circumſtances of theſe he had to do with) that he would have taken ſome prudent and diſcreet method to ingratiate himſelf, and to gain the hearts of thoſe he was to have the overſight of; not only, that he might live the more contentedly among them; but chiefly, that he might be in a better capacity to do good to their Souls: But on the contrary, his way is to Hector and Domineer over People, and to abuſe and calumniate them in a moſt unchriſtian manner.

As to what he has done to Mr. K. '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 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.

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; 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,

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 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.

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 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.

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 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.

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.

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 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.

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.

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.

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.

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 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.

'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.

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.

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 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, than if our Adverſaries ſhould grant us all we crave in this preſent debate.

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 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

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.

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 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.

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 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 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.

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 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.

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 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.

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 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.

'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 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 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.

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 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.

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 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.

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.)

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 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: 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, 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, 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.

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 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.

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 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.

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 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.

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.

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. 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.

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 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.

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.

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?

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.

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 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.

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.

• 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.

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

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 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.

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 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, 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. 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.

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.

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 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 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.

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.

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, 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.

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 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.

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, 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 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, 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.

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.

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.

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?

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 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.

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.

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 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.

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.

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 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 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?

'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 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: 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.

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 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.

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 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 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 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, 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 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, 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, 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, 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 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.

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.

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 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.