TH [...] ha [...]ing [...] at Di [...]der and [...] in the Town of Aberdeen, at the [...] of M [...] last [...] the Oc­ [...]sion of the Mag [...] M [...] to [...] in the New [...] of the [...] was a Pro [...] Ma­ [...] before the [...] of the [...] of the [...] and [...] thereto; And concluding them guilty, and that they ought to be punished as Art and Part.

When this Process was called, many of the Students were absent, and the Libel with a Reconvention raised by the Masters for their own Defence, were admitted to Probation before a Committe.

The Probation adduced by either party being now taken, The Cause is ready to be advised.

The Principals and Masters are not to trouble the Lords of Privy Council with a Re­lation of the Libel, concerning the Circumstances of the Tumult and Rabble commit­ted by the Students and others; For albeit many of the Particulars Libelled be not prov­en, yet it was from the beginning acknowledged, that there was a Tumult upon the Occasion foresaid whereof the Principals and Masters were not only Innocent, But they did ever testify their abhorrance of such Methods of Rabbling upon any Occasion; Especially upon the LORDS Day, which they consider as an open Contempt, not only to Civil Authority, and the flourishing of Letters; But also to be inconsistent with the Reverence and Honour due to the Divine MAJESTY. And therefore, they nei­ther did nor will Paliat, or Alleviat any Circumstance of all that is Libelled against these who were accessory to the Tumult, but singly clear themselves of any Guilt or Ac­cession thereto; And shall endeavour to satisfy the Privy Council, that they had used their outmost endeavour to prevent any such Disorder, and restrain the Students from being Interested in it, and that they had punished these who were guilty, with the greatest severity that the Rules, or Foundations, or any former Precedent in either Col­ledge did allow.

The points libelled against the Masters of either Colledges, were either for making appear their accession to, or countenancing of the Rabble, or their negligence in re­straining and punishing of the guilty.

As to the Defenders Accession, There is nothing at all proven against the Principals or Masters of either Colledge, nor was there so much as one Interrogatur offered to the Witnesses to fix a guilt upon any of them, except Mr. Robert Paterson, the Principal of the Marischal-colledge, and there are particular satisfying Answers subjoyned for clear­ing him of any guilt that can be imported from the Depositions of the Witnesses, as to his Part.

It is also clear, That the Masters did use all possible means to prevent that Disor­der, in so far as the Students of either Colledges were conveened, either in the Com­mon hall or in their several Classes, and were there Admonished by the Masters or Principals, that they should neither occasion or be assisting in any disorder, nor be present at the New Church, holding furth the bad consequences that might follow both to themselves, and their Parents: And likewise that they employed such of their Scholars, and Pedagogues, and Governours, as might have most influence to divert them from any irregular course; And farder, upon the Sabboth, the Masters of the Kings Colledge being accustomed to go along with the Students from the Colledge to the Church, They were careful to shut the Colledge gates, and to call all that were within to the Common-School, and to mark the Absents, which was very useful to dis­cover those who were interessed in the Tumult. And the Masters of the Marischal Col­ledge, not being accustomed to conveen their Scholars, and to go in a body to the Church, they went timeously to the Loft appointed for the Masters and Students; And so soon as the Scholars came in, were careful to lock the door of the loft; that these who came once in, could not get out, Tho it be clearly proven, that several attempts were made by the Scholars within to escape out of the loft, so that if they could not reclaim such as had [...]wn off their subjection and Obedience for a time, they at least restrained all that [...] their power.

When the Rabble was ended, some time was spent in communing with the Magi­strats for laying down such rules as might prevent the like in time coming, and annent the manner of punishing what was past; And that communing having taken no effect, every single person that was guilty, was publickly whiped with as great severity and shame to them, as ever was practised in the Colledge: And that none might e­scape; Intimation was made to the Magistrats, before the Masters proceeded to dis­cipline, that they might affoord what evidence they could.

Nothing was insinuate by the Libel or since, for loading the Masters of either Col­ledge with any Accession or so much as negligence in the matter; But what may be clearly elided by the probation and relation abovementioned: But for rem [...]ving everyshadow. The masters shal more particularly answer the several grounds insisted on.

And, 1mo. As to the Kings Colledge, it was alleadged that when the Masters observed their students absent, they ought to have gone to search after them, or caus­ed do the same. To this it is Answered, that the new Church being above the dis­tance of a Mile without their bounds and jurisdiction, and the Masters not knowing that there was any disorder, But having only used precaution for preventing it. Their care was more prudently employed for retaining these who remained, being the far greater part, than to expose their authority by searching these who were absent, where­by these who remained were much more like to break loose, then the absents were to be reclaimed,. Besides the full number uses never to be present; Some being accustomed to go to meeting houses, others to stay in the Town; And the Masters had never any In­formation of the tumult, till both the Sermon, and it was ended, and what they did was only for preventing disorder.

As to the Marischal Colledge, It is Alleadged against all the Masters, that the tumult having happened in the new Church, devided only by a Partition-wall from the Church where they sat, they used no means to restrain the Rabble; And farther, that Kincousies Son one of the Rabble, having entered to the Church, where the Prin­cipal and Masters were, with a drawn sword in his hand, and having gone to Mr. Burnet Minister, then sitting at the Pulpit, desired him to preach in the New Church, yet the Masters did not apprehend or restrain him. 2do. That Mr. Alexander Moor the Youngest Regent, having offered to go out of the Loft, to seize upon that irregular Student, the Principal would not suffer it, as the said Regent declared to one of the Witnesses.

It is answered, 1mo. The probation clears that the Rabble and Tumult was so great, as to dissipate the whole Congregation, And this Rabble was composed not only of the Students of both Colledges, but of the Inhabitants of the Town, over whom the Principal and Masters of the Marischal Colledge had no influence, so that if they should have attempted to dissipate the Rabble, who could not be restrained, by the Respect that was due to the worship of GOD, when the People were singing Psalms; They had no reason to believe that their appearing would have had any other Effect, then to make their Authority contemptible. And Experience teaches, That a Rabble is not to be compesced, but either by Force or course of time. 2do. Principal Paterson had mixed himself with a former Rabble, for reclaiming of certain Students, and that was interprete to be a Crime, and upon which he was called be­fore the Privy Council, as an Abbater of that Rabble, from which he was Assoilȝied by the Justice of the Privy Council, after long Attendance, and much Expence, which taught him that Prudence not to meddle or immix himself with a Rabble again: And really many Beholders may more easily observe who are amongst the Rabble, then what part they act in it; And therefore he did abstain from joining any manner of way with that irregular Company; But it is very hard upon him, that he should first be pursued by the Magistrates, because he Did, And again, because bid Did Not, go towards or immix with a Rabble, to reclaim his Scholars; So that either side of the contradiction is made a crime to him. 3tio. The Witnesses clear, And it is also evi­dent by an instrument taken by the Magistrates, That the Rabble shut the whole doors of the New Church, and would not suffer the Magistrates or others to have Access.

4to. As to what relates to James Irving Kincoussies son; It is true he entered the Church, where the Masters were, in a most Irregular manner, whither with a Sword or not, doth not clearly appear; But it was not possible to restrain or secure him. For 1mo. The Witnesses Depone he remained only two Minuts in the Church, and then run out to his Accomplices; in which time it was impossible to have reached him, the Masters Loft being at a great distance, and Mr. Burnet the Minister doth specially De­pone, that the Masters could not possibly have come his length. 2do. It had been undecent and improper for the Masters to have made Noise and Disturbance in the Church, during the moment he stayed, which would have increased the Disorder, neither were they in safety to meddle with him, all his Accomplices being in the Church-yard; and these who attempt upon one single person concerned in a Rabble must expect the furry of all who are Interested in it. 3tio. The Depositions of the Witnesses clear, that these who were within the Loft, and under some measure of Obedience (who were three fourth parts of the whole) made several Attempts to open the Loft door and escape; And if any of the Masters had made the door open, it was obvious that these who attempted to get out, would then have gone and joyned with [Page 3]the Rabble; So that there was a more apparent danger, that these who remained in Subjection, would throw off the same, than that others of their Schollars who were but a small part of the whole would be reclaimed. 4to. As to the alleageance that one of the Regents offered to remove to secure Kincoussies son, and was hindered by the Principal. It is answered, this is only Deponed by a single Witness, ex auditu, who sayes, that Mr. Alexander More Regent declared so to him. But farder the Principal is content that Mr. More be examined, who will Depone that the thing is false in Fact, and that the Principal never spoke to him upon that Subject, and the Principal is con­tent to purge himself upon Oath, and it carrys no probability in it self, Mr. More be­ing at a considerable distance, three Elder Regents Interveening betwixt him and the Principal, who could not but have heard what was spoken to him, neither is it of im­port, tho the Principal had said it, Because it was neither prudence in him, nor in any of the Regents, to have given opportunity to the Students within the Loft, to have escaped by opening the Door.

It is farder alledged against Principal Paterson, two Witnesses have deponed, that he said the Best and Worst of the Rabble was Extrusion.

To this it is answered, 1mo. None of the Witnesses do Depone, that they heard the Principal say so; But one of them declares he heard some Students say, that they heard the Principal say it, but that he does not know, who were these Students; Another Witness Depones, be heard two of the Students whom he names, say it, But nei­ther of these Witnesses are probative, both being ex aditu, that they heard men say, that the Principal said so, and Oaths only and not Assertions are probative: But farder, To satisfy the Privy Council, that the thing is false on the matter, the Principal is willing to purge himself upon Oath, that he never sayd any such thing, and that he never spoke with the persons who are alleadged to have heard it. And albeit no par­ty be bound to undergo two manners of Probation, both by Oath and Witnesses, yet he is willing to undergo both.

It is farder alleadged against Principal Parterson, It is deponed against him, That he said, he saw the Rabble go by Clerk Hayes house, and saw Kincoussies son joyn with them.

To this it is answered, 1mo. There is only a single Testimony as to this point, and so not probative, 2do. Tho he had seen the rabble, It did import nothing, seeing it was not in his power to restrain it, but as it hath been formerly said, the Students in the Colledge whereof he was principal had thrown off the Masters Authority, And they were but a very small part of the whole rabble, so that it was neither possible to restrain, nor prudence to have medled with them, but his care was excercised in retaining these who remained from Joyning with the rest.

And as to what is lybelled, That an Indignity was done to the Magistrats at Dr [...]m's Son's burial, it is clear by the depositions of the Witnesses, that the Masters endea­voured to restrain the Students from that alleadged disorder, and that the only three persons who were guilty thereof. Viz, James Grant, James Irvine, and James Lesly, were publickly extruded the Colledge, for the same, And discharged to be received back again to the Colledge, untill first they made satisfaction to the Provost of Aberdeen for that Offence, and none of them have been received within the Colledge since that time.

And whereas, It is pretended, That the punishment inflicted by the Masters, was only a Sham; And that they delayed to inflict any punishment untill they were infor­med, That a Council process was raised against them; And that Mr. Robert Paterson by his constant meddling in all the Towns affairs, is the chief Instrument and Occasi­on of all the Disorders that happened in that place these several years bygone. It is answered, That it is evident by the probation, that the punishment inflicted was the most Universal, Impartial, Severe, and Ignominious Ceusure, that ever was inflicted in these Colledges; None of the guilty persons having escaped the same, neither have the Masters power by the foundation to inflict any greater punishment then that was. 2do. It is an Act of the greatest malice, and disingenuity that can be imagined for the Pur­suers, to Object the Masters, Their delaying to inflict that punishment for some days, Because the Masters apprehending justly, that this disorder deserved a more severe pu­nishment then they were capable to inflict, They Applied to the Magistrates for their Advyce and Concurrance anent the Way and Manner of punishing of what was past; and laying down of methods for preventing the like disorder for the future; And had several Trystings and Communings with them from time to time thereanent, during all which space, the Masters were endeavouring to get information and probation a­nent the whole Students, that had been any wayes accessory to that Rabble; And hav­ing gotten full and exact probation against them all, They punished the whole Stu­dents in both Colledges, in manner above represented, the very next day after the trysting and communing was given over; And as the punishment was inflicted many days before the raising of this lybel; So it is most faise, That the Masters knew of any Application made to the privy Council, before the inflicting of the said punishment, the Magistrats having denyed the same to them, at all their meetings and communings.

And as to Principal Paterson, his alleadged meddling in the Town affairs; It is answered, That the Principal of the Marischal Colledge being, past all memory, in use to be-elected a Counsellour of the Burgh of Aberdeen, and the said Mr. Robert being elected a [Page 4]Counsellor in the years 1686, 1687, and 1688, when some of [...] plyance with a Letter from a great man, Endeavour to [...] brought in upon the Town Counsel, And to have the Trinity Church allowed for a Popish Chappel to the Priests, Mr. Robert Paterson did openly oppose and resist the same, for which he was severely threatened by those who were then eminent in the Government, And for which he can produce clear and unquestionable documents. And a Proclama­tion having then come out, discharging all Oaths to be imposed upon any person. The Principals and Masters of both these Colledges did meet, and firmly resolved, notwithstanding thereof to cause their Students swear to mantain and defend the Pro­testant Religion before they were Graduat, and actually made the Students of both Col­ledges, swear the same; And for doing whereof, there was an complaint raised against them all before the Privy Council, at the then Kings Advocats instance concluding de­privation and other punishments; as is clear by a double of the Letters produced in process. And when Buchan and Cannon did attempt to attack the Town of Aberdeen; The Principal and hail masters of that Colledge did chearfully take Arms in defence of the place, when most of these pursuers were not to be seen as is weel known to some of the honourable Privie Council who were then there present, and others of his Majesties Officers who were there likewayes present at the time, And this is all the medling that can be obtruded against Mr. Robert Paterson.

And as to that pretence, that Mr. Robert Paterson is a Commissar, and so cannot attend both Charges. It is answered, that this being jus tertii, to the pursuers, their libelling the same as a Crime against Mr. Robert Paterson, demonstrates their unjust & implacable malice against him, and the Sallarie due to the Principal of the Marischal Colledge, be­ing less then 500 Mrks per annum. No person is able to live on such a mean Sallary, nor was there ever any Principal in that Colledge, who had not an other Imployment be­sides; And this individual objection was proponed before the late Visitation of the Col­ledge at Aberdeen, and justly repelled upon the account foresaid; And the Instance given anent Commissar Wishart is most calumnious, Commissar Wishart having been both Commissar, and one of the Regents of the Colledge of Edinburgh for 18 years at least; Untill by reason of his old Age, he thought fit to demit his place as Regent; And albeit there be a competent Sallary due to the Principal of Edinburgh Colledge, Viz. 2000. merks, and a dwelling house; Yet the saids Principals have alwayes been one of the Ministers of the Town, and received a distinct Stipend for the same.

And seeing the Masters of both these Colledges, did all unanimously comply with, and submit to their Majesties Government; which none of the other Colledges of the Kingdome did. And that it is evident from the premisses, that no Masters in the World could have done more to have prevented that disorder, and to punish all that were accessorie thereto, with exemplar severitie then these Defenders did, They ought to be assoylied from this groundless and malicious complaint; And the Pursuers ordain­ed to refound the expence they have been put too; Especially, seeing by an Act of pri­vy Council produced in process, The Magistrats are oblidged to apprehend; And secure all Students who commit any disorder within the Burgh. And Albeit it be ac­knowledged in their own Lible, That both the time of the Tumult, and dayly there­after, the guilty students were frequently walking on their streets, yet they used not the least endeavours to apprehend or secure any of them.

The Lords of Their Majesties Privy Council, are Humbly Desired to Consider, That there is no Probation as yet adduced, For proving that part of the Reconvention against Cruckshank, and Gellie; And therefore, before any Report be taken in, That Their Lordships would Ordain the Witnesses to be examined, Who its presumed, will prove against them, in the Terms Lybelled.

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