MR. James Kirkwood being Famous for his special skill in Teaching Youth; particularly by his framing, and publishing a new Latin Grammar, & Rhetorick; very much approved by most of all the Learned Men of this Kingdom; and for the Specimen, or Essay he made on the deceast Lord Bruce, by teaching him in a very short time Latin, and Greek, was called by the Magistrates of Lithgow in the Year 1674, from that honorable and profitable service in the Earl of Kincardins Family, not without very much entreaty and good offers, to be School-master of that Burgh: And that not after the manner of his Predecessors, who contracted with the Town for a certain limited time, as five years; particularly Mr. Skeuch and Mr. Crysty, his two immediate Predecessors: Whereas be positively refused any stinted, or limited time; tho he had offered him 13, 19, or what [Page 2] years else he pleased to name: But he was admitted in general and ab­solute terms; as all Professors of Liberal Arts use to be, implying Ad Vitam vel Culpam; as his Act of Admission bears.

Thus he continued 14 years (longer, than any one, and some six of his Predecessors, at least in our age) to the great satisfaction of that place, living inoffensively without the least shadow of any stain, and duly receiving all the Emoluments and Profits of his Place; particularly a Salary of 400 Merks yearly according to agreement without any grudge, debate, or question about the Sum.

But in Aprile 89 at the revolution of Affairs in this Kingdom the old Council going all off, and a new One of a different perswasion as to the Government of the Church coming into their room, they not so much desire, as press yea threaten Mr. Kirkwood to forsake the publick place of Worship, and to go with them to the Meeting house, which was kept in the Provest's own Kitchin: For Walter Stuart of Pardivin, whom Mr. Kirkwood had taught his English, Latin, and at least some Greek a few years before, (he being only then newly entered Major) told him in a very magisterial manner, that, unless he went with them to the Meeting house, he should not be long School-master in Lithgow. This was done on the 13 of Aprile 89 in the house of one James Johnstoun, in presence of about 28 persons of the chiefest of that Perswasion in the Town, 12 dayes before Pardivin was made Provest.

'Tis known to all, that are acquainted with Mr. Kirkwood, of how moderate Principles he is in these matters, so much under Debate in this Kingdom. In a strict sense he is neither Presbyterian, nor Episcopal, humbly judging the External Policy of the Church indifferent, and to be disposed of by the Powers of the Land. And what they once settle and determine, becomes the Duty of Private Persons, and ceases to be indifferent. Upon this ground he refused to forsake the publick Place of Worship, till either the Convention of Estates, that was newly sit down, or the then ensuing Parliament, should make a change in the Government; And then, he said, he would cheerfully concur; For he thinks it his Duty to follow, and not to run before the Laws in these matters.

This he not only promised by word, once and again, (for many communings had he with them) but to assure them of his sincerity, he gave it in a Letter written and subscribed with his hand to Pardivin, the [Page 3] very day before he was elected Provest; for they two had had a long conference the day preceeding upon that head; And at parting he desir­ed Mr. Kirkwood to think on it all night, and give an answer the next day; which he did by a Line reserving to himself a double, both which he shewed two Gentlemen, before he sent it, and in their presence gave the Principal to the Bearer, whatever might be the event of Things: And, which confirms all, he got a return from Pardivin, written and subscribed with his own hand. Most of the Lords of Session have seen Mr. Kirkwoods Letter, and all of them do acknowledge, it is most discreet­ly written, and that no more can be required of any Man, than what he there promises. These Letters are set down Ad longum in that lar­ger Account with a thousand other very strange things, which were too tedious here to relate.

But suppose he'd had the freedom to go to their Meeting-house (for he is not very scrupulous in there Points: He can hear Presbyterian, Epis­copal, Papist, yea a Turk or Heathen make a good discourse) yet he could not do it at that Juncture: For he was sure, it would give great offence to very many of both sides. Some were already stumbling to see him so frequently conversing with the Provest; and he can instance them, that cry'd to him in the High street, Turn Coat, Turn Coat.

And further, his simple going to their Meeting would not have gi­ven satisfaction; unless he had conform'd in a hundred other things: He behoved to have forsaken all his old Friends. In a word, he was to learn a new Language. It offended them, when he call'd a Minister, A Minister. Curate you must say if you'l be a true Proselyte. When no words could prevail with him, they try more severe and cruel measures, by doing him great Acts of Injustice and Oppression. They quarter up­on him Men and Horses which was never done before, to him nor any of his Employ in that place. Nor was there any necessity to quarter on him, for it can be instructed, that 14 Families next to his had not so much as one Man, or Horse; and he had 4 of each sort thô it was a foot Regiment. Nor had he any Accommodation for such Lodgers, but was forced to set these Horses in a Room without Heck or Manger, full of Houshold-plenishing. There were also Billets drawn upon him for the Danes; but he was turn'd out of Doors, as you shall hear, before they came to that Place.

And, which was yet more Unreasonable, and tended more to the Hurt both of the Place, and Mr. Kirkwood, the Provest caused Gentle­men [Page 4] carry away their Sons from the School, and that 5 or 6 Moneths before there was any report of his going from that place. The Cir­cumstances of this Business are so Odd, that it is Odious to relate them. A full account is given in one Instance in that larger Information, about James Carmichael of Potishaw.

These most Cruel and Unjust Methods having no more effect, than the former, they fall on a third, which was to lessen his Salary. And therefore on the 12 of October 89 they make an Act, reducing it from 400 to 300 Merks a year, after Martimas then next: Lower at that time they could not go; For the Doctor has 200, and it had been a shame to level the Master with the Doctor: But the Provest told Mr. Kirkwood, that Doctor was to be turned out, and they were to give less to another: And then they might step a little lower; for it was as law­ful to restrict his Salary to one, or two; as to 300 Merks. The cir­cumstances of this Act are very remarkable: It was made altogether without his knowledge, they neither directly, nor indirectly acquaint­ing him they designed any such thing. And is it not very strange, that one party should destroy a Contract, and make a new one without the knowledge and consent of the other? This is down right contrary to the very Nature of all Contracts; for they imply a mutual consent of Parties.

On the 19 of October (8 dayes after it was made) the Provest sent for Mr. Kirkwood to his Chamber, and intimated the Act. He somewhat surprized with the thing, reply'd, 'Tis a Question, if I'll submit to your Act: If you will not, reply'd the other, you must flit and remove. That's another Question, said Mr. Kirkwood.

In short, for it were tedious to relate here all that past, you have it at large in the other Account, and it is sufficient to shew here, that before that day eight dayes another Master was brought from Edinburgh, who by Act of Council was settled, and Mr. Kirkwood deprived of his Office, and ordained to remove from it at Martimas then next. He that day took Instruments in face of Council, that he was willing to serve accor­ding to agreement; as his Instruments bear of the date 26 of October 89.

Now suppose (which must not be granted) the Town had power ei­ther to lessen his Salary, or to put him away without a fault (for hither­to they did not so much as pretend the least shadow of any misdemeanour And certainly, if they had known any, they would not have fall'd to lay it to his charge) that ought to be done legally and justly; according [Page 5] to the Laws and Practick of this Nation. No Master can remove his Tenant, Cortar or Servant after this manner. 14 dayes is a very sum­mary warning to turn a Man with a numerous Family of young Chil­dren out of doors in the cold of Winter. Nor can Martimas be his Term, as is proved in the larger Information.

After so much hard Usage, Cruelty, and Injustice, he thinks it more than time to seek out for a Remedy, looking on the Town Council, as both Judge and Party. And therefore he makes his Application to the Lords of Council and Session, by giving in to them, one Bill to suspend the Towns Act of Deprivation; another to Advocate the cause of re­moving from his house, and a third to suspend an Act, whereby they most unjustly fin'd him in 200 merks.

This last about the Fine, is a business that highly concerns Mr. Kirk­wood; not so much, as to his Purse, as his good Name: For they there­by stigmatize him with one of the Blackest Crimes a Man can be guilty of, calling him openly at the Bar, and in their Informations to the Lords, A Reviler of the Gods of his People: By Gods meaning the 27 Mem­bers of the Town Council; so that the Deacons of the Websters, Sutors and Taylors in Lithgow are Gods forsooth! They alledging, (for Mr. Kirkwood positively denies it) he said, The Town Council may think shame of their Actings These are the words in their Act of Amerciament, for which he is called, A Reviler of the Gods: But too much of this here. There's a large and a full account given of this business in a Paper by it self, which well deserves to be intitul'd, The History of the twenty seven Gods of Lithgow; wherein you shall see such ridiculous and droll stuff, such wild and extravagant Acts, such cruel and illegal Pranks, that tho you made search into the whole Records of all the Burghs in this Kingdom from their first erection to this day, you shall not meet with any thing, that can parallel this. Here you'l see one Baily causing drag another to Prison, for words that had past betwixt themselves at Court; and he breaking Prison, is hal'd to it again by his own Officer to the great amazment and laughter of hundreds of People. Here you may read how one Baily calls other two in face of Council (the one sitting Preses at that time) Perjured Villains, and Knaves. Here you'l see some Burges­ses, even of the best rank in the Burgh, staged for not taking off their Cape, when they past by the Provest in the street, tho standing at a tolerable distance; others for taking it off and making too low a leg. In a word, Innocent, harmless, dumb Beasts do not escape their fury, for Baily Turnbul, now my Lord Provest shut up in closs Prison within [Page 6] the Tolbooth a poor mans horse a night and a good part of two days for tasting a little of the grass in the Church-yard, himself being Jay­lor, not daring commit the key's to an Officer, positively refusing to let the poor man give his own horse a peck of draff, that he had bought for his supper. Not is the relation of these and many such passages im­pertinent digressions, but most conducing to the Subject there in debate.

With pardon for this, 'tis sufficient here, you know, that this busi­ness, for which Mr. Kirkwood was fined in 200 merks, is altogether ex­trinsick to the Plea in hand, and could not give any rise nor occasion to it: For he was deprived of his office; yea, another Schoolmaster was brought from Edinburgh, before this had any being: So that to alledge, or infer any thing from it, as the Cause, or Occasion of the other, is of all things in nature the most monstrous. 'Tis to make the Effect precede the Cause, as if one should aver the son to be in the world many years before the Father was born.

To return therefore again to our Point besides the three Bills, he gave in also a Petition humbly begging their Lordships would be pleased to discuss the Cause upon the Bill, which was granted; and recommen­ded to my Lord Aberuchal, the Ordinary at that time to hear both Par­ties; and in case of difficulty to make report to the whole Lords.

After that the Cause was several times debated at the Bar, and Re­port made to their Lordships, they found, that the Town could not re­move Mr Kirkwood either from his Charge of School master, or from his House At that time: upon that ground, and After that manner, as the In­terloquitor at more length bears, of the date 12 December 89. They did indeed sustain the Fine upon a mistake, and recall'd it in their next.

The day following the Town gave in a Petition reclaiming against the Sentence, and desiring a new Hearing upon other Grounds. The Lords being most willing to do them all the Justice Law could allow, granted their Request.

The Point they had to prove, was, That Mr. Kirkwood had dimitted his Charge, and Simpliciter refused to serve any longer. The Town at first thought his refusing to serve upon Diminution of his Salary, was a sufficient Dimission: And therefore they desire a new Hearing to make good that Point by other Arguments. Mr. Stuart, Brother to Coliness adduced only these two following.

[Page 7]First, said he, Mr. Kirkwood took his leave of his Scholars, and exhor­ted them to be obedient and submissive to their new Master; Ergo, he dimitted. It was answered, That after the Key of the School was taken violently out of his Pocket by the Town Officers, as Instruments then taken (11 Nov. 89.) bear; he made indeed a Discourse to his Scholars for half an hour, most seriously recommending to them their Duty to GOD and Man; particularly exhorting them to be obedient and sub­missive to all supreme Powers, whom GOD in His Providence set over them; to all subordinate Rulers, Magistrates, Parents and whatever Masters they might have after him. The Lords found this made for, and not against him; being a very great Symtom of a peaceable spirit.

The 2d argument was in these express words: Mr. Kirkwood went into the School, and welcomed the new Master, by taking him by the hand and wishing him all Joy and Happiness in his Charge. This said Mr. Stuart, is an unanswerable Argument, and a most certain homologati­on of his dimission. And to speak the truth, it made Mr. Kirkwoods Advocates look one to another: but being a matter of Fact it was fittest to be answered by himself, and therefore he said to the Judge: My Lord, if it can be instructed, that I have set my foot within the School, since that man, whom they call their School-master entred it; yea, or that I spoke to him all my life within, or without the School, about that, or any other Affair, I shall lose the Cause. I wonder, my Lord, continu­ed he, how Men, who pretend so great strictness in matters of Religion can contrive meer Falshoods and Lies, to carry on an unjust Cause. James Stuart, said my Lord, speaks as he is informed. I am sorry, my Lord, reply'd Mr. Kirkwood, such Informers should be our Reformers.

This Hearing being reported to the Lords, they again confirm their former Interloquitor in Mr Kirkwoods favours, unless the Town could produce under his hand a Dimission, or he durst not depone he did it not in face of Council. The first they could not do, and he was clear to do the other.

Upon this fell out a very deep design or (to give it a more proper name) a Hellish Plot against Mr. Kirkwood; not his person, but, which is worse, his good name: For the Provest did contrive a way to make him eternally Infamous, by proving him Perjured, if he should depone he did not dimit: But, thanks to the Almighty, he escap't, and the Contrivers are fallen into the Pit, they digg'd for another.

It were too tedious to relate this Story here, and we have no will to make a 2d digression. 'Tis done to the life in the larger Information, so convincingly, that no man can deny the force of the Arguments: [Page 8] For they are equal to Demonstrations, and by their Consequence most of the Town Council according to the Provests Principles are Perjured, or yet in the sense Baily Bear in face of Council call'd Baily Higgins and Baily Smith Perjured Knaves, and tho Law does not reach, them as guilty of this horrid iniquity, yet they will be found to have made a most deliberate, malicious, and Judicial Lie, which is certainly in the next degree to Perjury.

The Town having lost this Plea, makes another Act on the 25 of December 89, ordaining Mr. Kirkwood to remove at Candlemas then next. 'Tis still an illegal and summary Warning, there not being 40 days to the Term: To say nothing of the unlawfulness, and unseasonableness of forcing any Person to flit in the middle of Winter with a numerous Family of young Children, it being to be supposed, there are not then houses to be set. It might also be added, that this Act was made (as Laws then stood) on a day set a part for another work: The Lords of Session not then daring sit according to Law.

Mr. Kirkwood did also suspend this Act, which being debated several times at the Bar before the Lord Philiphaugh, at last after a full hearing on the 28 of Jan. 90, his Lordship told both Parties, he would report on the last of that moneth: and therefore desired them to prepare their Informations.

Mr. Kirkwood accordingly dispersed his amongst the Lords; but the Town in stead of theirs gave in a Petition, desiring a new hearing be­fore report. The Lords granted their desire, but in the mean time dis­charged any execution to be used against the suspender, as the delive­rance of their Bill bears.

This Hearing was to be on the 4th of Feb: and could not be sooner, that being Tuesday, and yet on the 3d of that moneth, contrary to the express Sentence and Order of the Lords; contrary to the very Import and design of their own Petition, contrary to the Rules of honesty and and human Society, and contrary to the nature of their Station and Of­fice, they clandestinly and treacherously eject Mistress Kirkwood with her Children and Servants, he being in Edinburgh attending the Plea. The particulars of this Action, being very remarkable are fully related in the larger Information.

On the said fourth day the Cause is debated, neither Party knowing, [Page 9] what was done at Lithgow on the 3d. A few minutes after the Debate Mr. Kirkwood receives a Letter from his Wife giving some little account of this business. Immediately he acquaints his Advocates, whereat they being exceedingly astonish't, bid him shew the Letter to my Lord Philiphaugh. He no less amaz'd, promised to call both Parties to the Bar without fail the next day; tho he had told them, he was to Report before any further hearing; nor was it his Lordships turn to come out that day to the Bar; but this being an extraordinary Emergency, he said, he thought it his Duty to enquire after the Reasons of so illegal, and unjust an Action. Accordingly both Parties meeting at the Bar, Mr. Kirkwoods Advocates, (viz. Sir Patrick Hume, Commissar Dalrymple, and Mr. William Monipenny) immediately fall on that head, and severely challenge the Towns Act; saying, it was the height of injustice, an ex­ceeding great contempt of Authority; and an unparallelable instance of a Treacherous and Deceitful Dealing with the Lords. The Town, said they, gave in a Petition, desiring another hearing, and yet were resol­ved (as the Event proves) in the mean time to Act, as if they had gain'd the Cause. Mr. Stuart answered, he knew nothing of it; and for ought he could think, it was a meer Calumny. For there was nothing to instruct the verity of the action, but Mistress Krkwoods Letter. I'le hazard the Cause, repli'd her Husband, on the truth of my Wifes Letter. The Master of Sair, now My Lord Secretary, then the Kings Advocate, and employed by the Town, stood amazed to hear of the wild and extravagant actings of his Clients: At length he said; They have hugely prejudged their own Cause; and so went from the Bar. This was all that was done at that time.

On the 9th of Feb. the Cause being reported, the Lords did further recommend to My Lord Philiphaugh to discuss the Reasons of Suspensi­on upon the Bill, and in the mean time stop't all execution; as the Interloquitor at more length bears: For in this Plea there are many Heads to be discust, such as, Whether or no, it's in the Towns power to les­sen Mr. Kirkwoods Salary; Whether they can deprive him of his Office with­out a fault, giving him a legal Warning? &c. That they could not lessen his Salary nor put him away after the manner they had done, is al­ready determined by the Lords in two several Interloquitors.

So that he has absolutely carryed this Plea; for he has never got a legal Warning: Nor have they legally lessened his Salary.

We now go on to tell that as to the matter of Ejection on the 3d of Feb. Mistress Kirkwood, not well understanding the nature of such an action had written in French to her Husband so lamely and overly a­bout it, that the Lords thought the Town had only Minted or Aim'd to do such a thing: Thô in effect all the formalities due in that case were used; as, Putting out the fire, &c.

[Page 10]After this last Interloquitor Mr. Kirkwood enquired at several of the Lords, Advocates, Clerks and Writers, if there was any hazard from the Town. All, as with one voice said, There was no ground, or cause to fear: for they were sure, the Town durst not meddle in that Affair, till the Lords gave out Sentence: Yet he being still jealous, knowing their Cruelty and Malice, thought fit to secure himself by all means possible: And therefore he went to the Lord Philiphaugh, and humbly begg'd his Lordship would be pleased to give him subscribed under his hand the Sentence of the Lords, which he might intimate to the Town, and then he was sure they durst not move any further in that business.

'Tis not the custome, reply'd My Lord; nor is there any need to give such a Paper: I assure you, Mr. Kirkwood; they dare not meddle with you. My dear Lord, said Mr. Kirkwood; I know Them people better, than your Lordship: Ignorance, Malice and Fury, what dare they not do? Abundance of Law breaks not Law: A Paper under your Hand questionless will put a stop to their rage: My Lord, grant me this one Request for GOD's sake. His Lordship moved with these words, very frankly condescended; and gave under his hand the following Stop or Sist.

Thus Mr. Kirkwood returns home to Lithgow with this Protection in his Pocket, dreading no hurt from the Town, and duly, and legally in­timates the same to the Magistrates; by giving them an exact Double with the Principal, desiring, if they pleased to compare them, which was done by Bailie Main and the Town Clerk, The Bailie looking on the Principal, while the Clerk read the Double; And Instruments taken thereon of the date 8 of February 90 Mr. Kirkwood getting back the Principal, immediatly they carry the Double to the Provest; and within 3 or 4 minutes, the Council Bell rings for the 2 In­struments can attest there were nor hours betwixt the Intimation and [Page 11] the breaking up his Chamber door) and after a very short deliberation all the four Officers are sent from the Council without having any per­son with them to Mr. Kirkwood's house, who in a most violent manner break up the Chamber door, wherein he was, and first take the Keys out of his Pocket, and then drag himself, his Wife and six young Chil­dren most barbarously down stairs.

The circumstances of this Action are so remarkable, that we cannot, but at least touch some of them.

It was in the morning: The Children had not on all their Cloaths: One poor Infant, who had been a year and more under the hands of Phy­sicians from Edinburgh, and else where, was snatcht away from a warm fire side to the cold Winter air. It would have pitied a heart of stone to see that Child sit by the fire: How much more to be hurried out of doors in the Winter season? And when the tender-hearted Mother begg'd the Officers, they would suffer her to cast a loose cloath about her poor Infant; they flatly refused it. The cause of this barbarous and cruel dealing you will hear immediatly. But, that, which is most conside­rable in this passage, is, That William Higgins eldest Baily, who profes­seth no little skill in that, as in many other Arts, had been seeing the Child 2 or 3 days before; and not only prescribed, but sent to her by his own servant some things he had composed, of which she was to take a little every day, giving strict orders she should be kept warm; while she took these Remedies. And yet in the mean time (O the height of Barbarity and Cruelty!) he sendeth her this wonderful Antidote by the hands of 4 rude Fellows. Nor was the condition of this Infant unknown to the whole Council, being represented to them in express terms. It pleased GOD to remove this Child without the reach of wicked Men some time after this.

Mrs. Kirkwood, whom all know to be a very tender and sickly Woman, and at that time not fully recovered of a long and a dangerous Disease, was then by accident in a very course and thin Busk, being busied about a good fire in smoothing Linnen. She was in a dress fit enough for the work she was about; but not to be dragg'd out to the open Street to be­come a gazing-stock to the World. And was it not a very dangerous thing thus to terrifie a Woman with Child? 'Tis not fit to relate here what sad effect this fear had on her, and what risque of her Life she run. 'Tis enough to tell, that; when she most earnestly begg'd the Officers to suffer her to put on her Shoes, and cast any loose cloath about her self; at least to make fast the Coffers or Trunks that were standing open; or to lay aside the Linnens that were amongst her hands; they answer'd their Orders were not to give a minute of time.

[Page 12]One of the servants, whose tour it was that week to play the Cook, and it being the last day thereof, lookt more like an Ethiopian, than an European; when an Officer took her by the shoulders; What, said she, shall I go out like a Gypsie? Let me get some clean cloaths with me. But she was not heard. You must be content, said the Fellow, with the fare your Mistress gets.

Mr. Kirkwood thinking to save himself by laying Hands on the Horns of the Altar, (for a Mans own house is his Sanctuary) clasp't his armes closely about a stoup or post; but the rude fellows tugg'd so lustily that had he not quickly let go his grip, they certainly had carried away the trunck of his Body leaving the armes in a very odd figure.

Mistress Kirkwood having for shame of her busk run below a stair with her six Children; when she saw her Husband hal'd away by the Officers, her shame evanisht and a panick fear seiz'd on her, thinking they were going to—. But she was mistaken: They were not so cruel, as she fancied. They only hurried him away to Prison, and shut him up in a close Room with one George Stevenson a countrey Webster; as if he had been a Malefactor.

This fear made such deep impression upon her spirit; that always thereafter, when she saw these Officers, thô at never so great a distance; she could not forbear trembling and shaking, albeit her Husband used all the Rhetorick he was Master of to discover the folly of that Passion: So that at last he was forced to send her in to Edinburgh and stay himself at Lithgow, till he disposed of his Goods.

It might have been expected, especially from Persons of their Per­swasion, that some regard should have been had to her on the account of her Brother, Captain Van-Beest in Colonel Ramsey's Regiment, who had behaved so well at Killichranky; was sore wounded, taken in the place, and lay long in the Blair of Athole.

But we need not make use of any such consideration to exaggerate this Crime: The bare and naked relation of this fact is such, that thô you should search into the Records of all the Burghs of this Kingdom since their first erection, you shall not find any thing comparable to this Business. Here's the height of Injustice: Here's unparallelable Contempt of Authority: The supreme Judges of the Land are baffled, and their Authority trampled under foot. Nor is this done by a single Person, or a few in some remote corner of the Nation; but by a Socie­ty; a Town Council, and, (to use their own words) by an Assembly of Gods, met at their own elbow. Nor did they act this rashly or ig­norantly; but most deliberately, and advisedly; and questionless most wittingly, and over the belly of their own Consciences. How is it pos­sible, [Page 13] it can be otherwise? being done immediately after the Intimation of the Sentence of the Lords; in spite and opposition to their Sentence. What, as if they had said, The Lords thought we had minted to do this: but we will let them see its not a Mint, but a Real Act. We value not their Sentence a pin, tho it be sent out to us. This, and worse too, is the genuine and true Consequence of their actings.

But would you know, why they did things so furiously and rudely. It was to force Mr. Kirkwood to a Dimission, as you shall better know from what they did on Munday thereafter: For this is not all, there is worse coming, and yet worse on the back of that. If ever that Scots Proverb, Once wood and ay the worse, was verified, you will find it in this affair.

At night Mistress Kirkwood earnestly besought the Magistrates to give her out of her own house some of the meat, that was a preparing for Dinner, (no doubt over boil'd, for they were in so wood a haste, that they minded not to put out the fire) and some Cloathes for her Husband and her self to ly on in Prison, and her Children, that were dispersed with the servants into three several Families, it not being very easy to get Cloathes suitable to young Infants: But they flatly refused to give her one crumb of Bread, or so much as one threed of cloaths, unless her Husband would subscribe a Paper.

For which end they sent their Treasurer express to Prison. Mr. Kirkwood answered, he would subscribe any Paper they pleased, provid­ing it were not prejudicial to his Cause depending before the Lords. Upon which they flately refused to give out any thing.

From Prison he wrote to his Advocates, desiring them to give in a Bill to the Lords, which accordingly was done on the Tuesday; He wrote also to the Master of Stair, the Kings Advocate, humbly repre­senting to his Lordship, he behooved now to turn sail, and defend, ac­cording to his place, the Lieges from the Oppression and Injustice of Illegal and Cruel Men.

About nine a clock on Munday the Provest sent three Officers to Pri­son to tell him, to provide a house against ten to put his goods in. My Goods, said he to the Officers, are in my own house, I mind not to remove them.

This Answer being carried to the Provest by these Officers, he sent them back to tell him, he must go out of Prison to see his goods eject­ed. Out I will not go; replyed he to the Officers, till I know who put me in, (for some said it was by the Provests Order only, others the Councils) and for what Cause or Crime I'm imprisoned; And if I be liberate, when I go out. Away again go they to the Provest; and re­turn with orders to drag him out, if he will not come willingly, and [Page 14] with all telling him, that the Provest refused to answer any of these Questions. Upon all which four Heads, he by chance having a Notar by him took Instruments.

Thus he was dragg'd out of his own house to Prison, and out of it a­gain to his own house. This looks liker a Romance, than a Law plea; and would be no ill Subject for a Comedie; if it could end well.

In short, (for a larger Account of this passage is to be had elsewhere) th [...] [...]our Officers with other four men, of which one was the Deacon of the Wrights, a Member of the Council, fell to work, and pull'd down in a moments time above 40 well illuminate Maps or Carts, a great number of Pictures, Taliduces, Chronological Tables, and many fine Cuts or Delineations of the Holy Scriptures, Antiquity, &c. wherewith he had two large Rooms compleatly hung. All which with 1800 Grammars, printed at London, in loose sheets they threw out, not into the Closs, a place somewhat secure and cleanly; but into the open dirty street. After this they pull down as hastily the Hangings of the Cham­bers and Beds, and break into pieces fine Dutch Presses; casting out in many small parcels the Laces, Linnens, and what else was in them.

Mistress Kirkwood most earnestly begg'd these men to let her put the Laces and Linnens, and other small things into Coffers. We must obey orders, said they; go to the Magistrates, and seek leave; we are dis­charged to give you a minute. Upon this she sent twice to them but got no return. At last she went her self to Baily Higgins, and in a most hum­ble manner with tears intreated him not to suffer these men to destroy all her Goods. Go to the Provest, said he, for he does all. I cannot go to him, reply'd the poor stranger; for he is a furious man: And with much a do got she these words uttered; so great a weight was on her Spi­rit. The Baily moved with some compassion at that time went to the Provest, who returned this Answer, That he would not grant one mi­nute, unless her Husband would subscribe a Dimission; which if he would do; he should not only get days, but weeks to transport himself. I know, said she, my Husband will subscribe no such Paper! You need not then, reply'd the Baily, expect one minute of time.

'Tis needless here to relate, with how sad a heart this poor afflicted Woman return'd back to see her Goods all destroy'd: And to add to her sorrow, she went and came by a Lough side, (that she might shun the gazing multitude) where she was forced to wash her Feet and Legs too in the cold of Winter.

Now, if this be not Arbitrary Government in its vigour; or that, which Lawyers call Concussion, and common People Club-Law in its rigour, let [Page 15] the World judge: On design and of purpose so to spoil and destroy mens Goods, that you may force them to give you all your will.

The former Magistrates use to boast, they built the best House in Scot­land for their School master, and the present may be ashamed they have spoiled it of the best furniture, For Mr. Kirkwood may say without va­nity, or speaking beyond the Truth, he had the best furnisht house of any of his Employ in Scotland, the Effects or Goods in it being above nine Thousand Merks.

What loss or dammage he has sustained by this ejection, and w [...]t reall want or embezilment of his goods there is, cannot be easily de­monstrated. But of this with the Expence of this Plea a fuller account is given else where.

After all the goods were thrown out of doors, excepting some chim­neys and a few other things, which they possess to this day, and what were in his Closet or Study, which that day was left entire for another Riot, as you shall hear, he very innocently slipt from the Officers up to the Palace (about 20 paces from his house) which is a Sanctuary in­to which they dare not set their foot: where having rested 2 or 3 hours in the Earl of Lithgow's house, he afterward came steping into Edinburgh, by the help of the Moon through dub and mire, not keeping the or­dinary rode for fear of the Provest's hounds, that were become almost mad, they had lost the Sent of their Prey. Of this Passage you have a fuller account in the larger Information.

After he had come to Edinburgh, and inform'd his Advocates of all that had happen'd him in Lithgow; they advised him to seek back his Bill, that was given in to the Lords: For said they, the Crime, the Town is guilty of, is of a much higher nature, than the Lords of Sessi­on can punish; and doth properly belong to the Lords of their Majesties secret Council. Accordingly he went to Sir Alexander Gibsons Chamber and got back his Bill. His next work was to go to the Master of Stair then the Kings Advocate, whom he casually rancountred coming out of the Countess of Kincardins Lodging. We are well met, said My Lord: I received your Letter: I know your whole Affair: They are a distracted People you have to do with. I would advise you to leave them. You will not want a Place. Will you accept of fifty Pounds Sterling, and pass from this Riot of Imprisonment, and be pay­ed up to this day of all the Profits that belong to you as School master? And besides they will pass the fine. Alas, My Lord, repli'd Mr. Kirkwood, I find you know not the whole Business That, they did on Saturday, of which I wrote from prison to your Lordship, Is nothing in compare of what they did on Munday. I'm ruin'd, My Lord; I'm utterly [Page 16] ruin'd. They have destroy'd all my goods; thrown them out in parcels into the filthy mire. Fifty Pounds! Many fifties will not repair my loss. His Lordship gave no return, but lifting up his hands and eyes to the Heavens, said; They are gone mad: Certainly they are mad. And with that run down stairs. This was on Wedensday 12 of Febru­ary 90.

The day after Mr. Kirkwood went into the Session house, and as he is en­tring within the Bar, he meets Mr. Stuart, who with a smile took him by the hand very heartily, saying, I wish, Mr: Kirkwood, this business 'twixt the Town and you were taken away. Will you agree with them? You are the only man, replyed Mr Kirkwood, that has stopt our Agreement. You know very well, Sir, when my Lord Advocate at his first compearance at the Bar for the Town, advised my Lord Philiphaugh to call both Parties to his chamber, and there to take away Differences in a Friendly manner: that I then answered, I was most willing to refer my self absolutely to his Lordship, tho the Towns Advocate: You replyed, Things were come so great a length, that they could not be taken away, but by a Sentence of the Lords. And now after you have ruined me, you would have me to agree. Have not I just ground to retort your own Argument; and now tell you, maters are come to such a height, that they cannot be taken away, but with a severe Sentence, not only of the Lords of Sessi­on; but also of their Majesties Secret Council. 'Tis best things be taken away peaceably, said Mr. Stuart: Will you yet refer your self to his Lordship? And with this he again takes Mr. Kirkwood by the hand, and leads him to the Advocate who was sitting on a bench in the outer house: My Lord Advocate saith Mr Stuart, Mr. Kirkwood is willing to refer himself in this affair 'twixt the Town and him to your Lordship. It shall be sore against my will, repli'd my Lord, if I undertake such a task. Will you refer your self to my Lord, said Mr Stuart again to Mr Kirkwood. Such deference I bear his Lordship, replied the other, and so discreet and generous a Person I judge him to be, that I think I need not fear to do it.

In short, an Appointment is there made against eight a clock the next morning; or if that fail'd, at two in the afternoon in the Advocates Chamber: But the Provest, Baily Higgins, and Jerom Hunter, Treasu­rer, who were then in Edinburgh, refusing to subscribe an absolute Sub­mission, that Appointment came to nought, only Mr. Kirkwood to sig­nify his willingness did deliver his Submission in most absolute terms, but unsubscribed to his Lordship in presence of his eldest Son, telling he was ready to subscribe that Paper, if the Town would do the like.

Mr. Stuart, after the hours of appointment were elapst, sent for [Page 17] Mr. Kirkwood to his Chamber, and desired he would hear him read o­ver a Qualified Submission, which the Town had drawn up. And shall I, said Mr. Kirkwood, subscribe an Absolute Submission, and the Town a Qualified One? You may hear it, said Mr. Stuart. 'Tis an ill Tale that may not be heard, said the other. He was not well begun, when Mr. Kirkwood cry'd, Stop. Mr. Stuart, Ex ungue Leonem. I know what's in that paper. I will as soon have that finger cut off, as subscribe it. In a word, there were such absurd and ridiculous Clauses and Conditions in it, that its a wonder the Town could fancy Mr. Kirkwood would con­sent to them. One was, That he should acknowledge it was in the Towns power to turn him out at pleasure. This he had all alongs de­nyed, and now by his Subscription to acknowledge it, had been a sign of very great weakness. And besides, the Lords had by two several In­terloquitors in express Terms, Declared, that the Town could not De­prive him of his Charge, At that time, For that Cause; And, After that manner; And by an infallible Consequence, they could not do it At Pleasure: And so his Subscription had been a down right Contradiction to the Sentence of the Lords.

On the 19 of February, The Cause is again Debated at the Bar. After hearing. My Lord Philiphaugh told both Parties he would Report on the 25th. But the Session being to rise on the 28, no Report was made. And here Matters stand betwixt the Town and Mr: Kirkwood, as to Civil Law; But as to Club Law, take this other Touch.

He was hardly well arrived at Lithgow, on the first of March, when immediately without any Citation, he was call'd before the Council, and there ordered to remove out of his Study, which, as is above related, was left entire at the former Riot, all his Books, Papers, and what else he had in it: The Study, repli'd Mr. Kirkwood, and whole house is mine, and will be so, till the Lords determine the contrary: And therefore I'le remove nothing cut of it, We will do it then by force, said the Provest. You may on your hazard, repli'd Mr. Kirkwood; and so went out of the Council.

It were very tedious to relate here the many strange Circumstances of this Scene. You have them at large in the other Information. Let it suffice here to tell that on the 4th of March, as Instruments then taken attest, Baily Smith, James Muckle Deacon of the Wrights and some o­thers broke open with Hammers and other Tools his Closet door; and threw out into the dirty and nasty streets all his Books, both bound and in Sheets and many other things of verry great worth, partly his own, partly belonging to others.

His loss and dammage (not to say, the Publicks) by this Riot is [Page 18] very considerable. He is ready to Depone that he has lost thousands of Papers, partly composed by himself, partly by others in Prose and Verse; which he would not have parted with for a vast sum, as their real worth: But as to the Pretium Affectionis, is by far of much more Value. If a Lady of Honour, that caused carry away from a Gentleman a Black Bird, and it perishing in her hands, was found oblig'd to pay him Nine Hundred Merks, as Pretium Affectionis; What must be reckoned for the real worth of so many Thousands of fine Papers, being the Product of 30 Years great Labours; (For, since some of these were composed, is so long,) And how great the Pretium Affectionis, 'tis left to Impartial Judges to determine.

That all these four Heads are very considerable, may appear from these following Particulars.

I. Know that he Raised and Discust Three Suspensions, an Advocatius, a Summonds of Reduction; a Declarator, cited to Edinburgh the whole Town Council; Gave in to the Lords Seven Bills; 82 Informations, Took 31 In­struments, Extracted 7 Acts made by the Town; Got doubles of their Bills, besides many other Papers, as Minutes, Interloquitors, &c.

II. What Consultations and Pleadings cost him, (the Cause being 13 or 14 times Debated at the Bar) he will not here set down: Only he acknowledgeth, he had to do with mighty Discreet Gentlemen.

III. He attended the Plea at Edinburgh 14 or 15 Weeks. What his Ordinary and Extraordinary Expence might amount to in that time, hav­ing to do with so powerful a Party; They know best who have Expe­rience in such Attendance.

IV. He travell'd to, and from Edinburgh 18 times on that Account.

V. What Dammage he sustained by having so much Fine Furniture cast out into the Streets, in manner above mentioned, may be better Conjectured than Demonstrated. He can produce an Instrument taken two or three dayes after the Ejection; Bearing, That he did shew to a Notar, and two Witnesses, a vast number of Goods all broken and spoiled; his Books, Papers, Maps, and things of that kind, partly torn and rent, partly covered over with filth and mire.

VI. The reall loss, or Embezilment of Goods is very considerable. And how can it be otherwise? They lying here and there in smal par­cels in the street, not only all day, but a good part of the night.

VII. The Loss sustain'd by the Auction of more than the half of the Goods, at least as to bulk, they rather being given away, than sold, (so inconsiderable was the price) is not little.

VIII. The Transporting what rested into Edinburgh, viz. Eleven Carts full besides single Horses; And that when the way was worst, and the Labouring throngest in the middle of March.

IX. Add to these his Salaries (400 merks a Year) since Whitsunday 1689 with the Profites and Casualities of the School from Martinmass thereafter. Item, The House and Garden.

¶ All These no question will amount to a good Round Sum, if duly confirm­ed, especially, if you forget not to subjoyn the Pretium Affection is of the [...] as well as Valoris and the wrongous Imprisonment, and other Riots above [...]