1 10 1 https://scottishchapbooks.lib.uoguelph.ca/files/original/2ca1c5ff4e0e257325af62dc4783be32.pdf 3f3b57ff8e65131ced46bae87e066788 PDF Text Text 4 A VINDICATION OF T H E Church of Scotland, F R O M T H E Malicious and Groundless Aspersions O F Mr. William. Dugud. W I T H AN INTRODUCTORY EPISTLE in Defence of the C h u r c h o f Scotland, f r o m the Charge of Persecution : A n d the Behaviour of LONDON: Printed for J . Bell, at the Bible and CrossKeys in Cornh ��A N Introductory Epistle To Sir James Steuart, of Good trees, Kt, and Bart, and Member of Parliament for the City of Edinburgh. S I R, THE Zeal you have exprest both for the Ecclefiaftick and Civil Rights of your Country5 may oblige any one to pay theutmostRegard to your Character.Youcould give no higher Testimony of your Sincerity, than by preferring its Interest to all your private Advantages, which Sacrifice to the Resentment of a Party, who are intent up every Impediment to their Designs. Therefore as you stood firm against all Attempts of Violence and Unnatural Severities, I could n a2 Truth �An Introductory•Epistle. Truth of which your self can vouch, in Concurrence with many others. 1 was Ambitious toobserveyour Commands in giving these P Compared with the Representation Mr. Dugud gives of his own Case, wherein it is Obvious to the Meanest Capacity, that there are no Attempts omitted to involve the Church of Scotland in a new Scene of Troubles. And therefore when their Authority, which is so well Secured to them by Law, and unalterably Estabish'd by the Union, is insulted withsuchscandalo Power, to connive at those insolent Attempts, which would effectuallysupersedetheir whole Jurisdiction. This Person makesuseof Her Majesty's Letters of Presentation, not only as an Argument to Stifle all their Inquiries into his Character, and Conversation, hutalsoto Bully them into a Compliance with his Demands against the Authority ofthoseCensures,they had justly past u have the World believe were nothing but a contrived, heap of Calumnies, industriously invented to prejudice his Reputation, for accepting the Queens Presentation to the Paris The question is not whether the Restoringthe Act of Patronages be Justifiable or not, or whether it be anInfringementof the Jurisdiction of the Church of Scotland, or a Violation of that Security which was granted to them by the Union, oragainstthe general Opinion of the Church of Scotland ; but whether by that Act they are obliged to accept aPersonwithout examining his Ability for theMinisterialOffice,and whether his Character be suitable to those Rules, Christianity �An Introductory Epistle. obliges the Governors of the Church to observe Restraint of their Authority in this Respect, their Connivance at Irregular and Scandalous Persons would be to Betray the Trust Our Lord hath reposed in them, and to give up their Constitution they are obliged to preserve. And what can be a greater Blemish to Her Majesty's Character, so Adorn'd with Piety and Virtue, than to suppose She would make use of Her Right of Presentation, to fill up those Churches in Her Gift with Scandalous andInsufficientMinisters? N they had given sanction to Men of an Immoral Behaviour to assume t Exemplary Virtues are as necessary, as the Knowledge of several Parts of Literature, to keep up its Dignity, and to render them fit toanswerthe Noble Ends and Purposes of Religion. °Tis surprizing Insolence in a Young Man to give such a Defiance, as he has done, to all the Judicatories his Immoralities from the Notice of the world, by insinuating, That their common Prejudice to the Queen's Letter of Presentation was the Reason of their Rejecting him. The Method he has taken can never be thought effectual for his Vindication by Indifferent as he pretends why should he decline a Legal Trial which any onemustthink would have been the only Step he could have taken to silence the Clamours of Malice or Prejudice, and to convince the Worlds (if there had appeared nothing in these Reports,) That his accepting the Queen's Letters had been the Cause of the Chu Judges. �An Introductory Epistle. of all the severe Usage he had met with. But to Insult Execution of it and to use all the Artifices imaginable to stifle Guilt of Licentiousness, that it rather confirms the Reports, andstrengthenstheSuspicionof it. These are such mean Subterfuges, which none can judge a regular Defence, however they may serve to conceal the Blemishes of a sullied Reputation. For if evasions, Assertions, Serve thepresentpurpose,shouldpassfor an Apology, I do not doubt but the greatest Villain might appear as Harmless and Innocent as Mr. Dugud. Can he imagine either the Queen or Parliament inclined to justify his Conduct, without, at the fame time, believing them to be Partial, when there has beensoclear a Proof by sufficient witnesses, that he is guilty of all those Immoralities he is Charged with ? Be must imagine, either that Her Majesty willinsiston their Acceptance of him,notwithstandingallthe Evidence Virtue of Her Letters of Presentation; or else,That Her Majestyshouldbe lead to Regard his Representation against him by the Several Judicatories of the Church,composedof so many Pious,Wife,and Learned but a Delirious Man would depend on; and none but an III Man could hope, Her Majesty would be brought tosodishonourablea Resolution. It is very likely he may have some Hopes of bespeaking of �An Introductory Epistle. the whole Presbyterian Constitution, as contrary to Scripture, Reproaching it with the Invidious Name o Characters of several of their Celebrated Ministers, Impeaching their Libels of Nonsense andAbsurdities,tho'theseare but poo tend to justify his Innocence, as the Noise and Rattling The Argument he urges for the breach of hispromisedSubmission is the Alteration of his Opinion ; for tho' he had owned it, yet he tells us, This was owing to his Ignorance and Necessity(asmaybe supposed) run him into a Detestation belief, that the Constitution of the Church of England is the most exact Copy of the Government of the Pri determine how far this Plea mayseemcredible. But I have known it very frequent among ourselves,when a Young Man has so sunk his Reputation, that he can't find aSubsistenceamongstthe dissenters, he flys to the Church as the onlyConstitutionthat can support him Character should pursue him, it is commonly interpreted to be theE f f e c to This very Pretence has lead the Church to give sanctuary to should have made themAbhorredby any Community hi the World. We alwaysexpectourResentmentof their conduct, to be requited with theseverestReflections they can cast upon us. So that we do not wonder, when they launch out into an Extravagant Zeal for the Church, which, inConsequence,transportsthem into �An Introductory Epistle. into the Extreams of Prejudice against us, which they express by representing us much with the fame Colours, and loading us with the like Epithets this young Man makes use of to brand the Church of Scotland with The more moderate Part of the Clergy, who are pleased toConversewith us, know the Truth of this as well as I do ; for which Reason, they generally entertain suspicious Apprehensions of their new Converts. Mr. Dugudinsinuatesthis Procedure of the Church of Scotland against him, to be of the same kind with Persecution for Considencesake,and therefore puts it upon the Level with that Treatment, which, he says, the Episcopal Ministers have met with since the Revolution ; whom he would represent as extrem Sufferers upon the Account of their differing Principles and op of the Presbyterians is compared with those Severities the Episco the gentle Corrections of an Indulgent Father and the scorching Heat of Nebuchadnezzar's Furnace. I shall endeavour, in a succinct Account, to clear this by Facts, as I find them related in the Account of the Proceedings of the Parliament of Scotland, which met at Edinburgh M a y the 6th, and several other well attested Pamphlets ; and the ratherbecauses selves, have amused People with strange Stories of Severities Episcopal Clergy. Episcopalians. The Scots are divided into Presbyterians and The Latter, when in Power, executed Humanity it with that �An Introductory Epistle. Humanity had been quite defaced and extinguished amongst that Sort of People. They were apprehensive Genius of the Country , therefore they came into all the Measures of the Court, as being the only Method they had to support their Establishment. This, in Consequence, lead them on to advance Prerogative, to the Destruction of their Laws and Liberties, and to a Bloody Administration both in Council and Camp. Hence it was they branded the Principles of the Presbyterians, with the reproachful Characters of Sedition and Rebellion, and every thing else which they thought would Blacken and make them Odious. how little ag It must be owned, the Presbyterians were tenacious of the P Church and State; they conceived them to be founded that Kings are appointed for the Good of the People, and accountable to the Estates, from whom, in that Country, they received their Authority they could not be persuaded to come into any Principles destructive of their Legal C which was ever a Limited Monarchy, and consequently opposed the Position of was never established, either by Custom or Statute. The Bishops, knowing how ungrateful this Doctrine Humane Nature, gave into all those Usurpations of Power, which had a natural Tendency to suppress every Restraint of it. This brought them into a Consent to those Sanguinary Laws whichpassedagainst was to �An Introductory Epistle. the Presbyterians, and into allthoseOppressio last, to a Surrender of their Liberties, in the Reigns of King Charles the Second and James theSeventh,so Bishops to be a great and insupportable Grievance to the Nation; which mayeasilybe justified by Considering bad a great influence in Passing, and also their. severe Executio They Enacted, That all Petitioning, Writing, Printing, Praying, or Preaching, showing any Dislike of the King's Absolute Prerogative and Supremacy in Causes Ecclesiastical, or any Dislike of episcopacy, should be punished as Seditious. Sess Non-Conformists) who presume to exercise their Ministry be punished as Seditious Persons, and that all Persons, in Acknowledgment of his Majesty's Government Ecclesiastical and Civil, attend the Sermons of Episcopal Ministers; Noblemen and Gentlemen refusing, to lose 'a fourth Part of their Rents; burgesses their Freedom, and Yeomen the fourth Part of their 'Moveables; and others Twenty Shillings a Time, with Liberty Enacted, That the King, by the Virtue of his Supremacy, may have a Power to dispose and settle the external Government and Policy of the Church, and emit filch Constitution's, Acts, and Orders concerning the same Government. �An Introductory Epistle. as he in his Royal Wisdom shall think fit. c 2 P2.sess 1 act 1 Further it was Enacted, That all who shall be required to depone upon Oath, concerning their Knowledge of Meetings, or Persons that had been present at them, should declare the same, on Pain of being Fined, Imprisoned, Banished, or sent to the Plantations in the Indies, or act 2. elsewhere, as It was Enacted by the 5th act.,of the same Session, That all outed Ministers who preached or prayed in any House but their own, should be Imprisoned till they find Bond for Five Thousand Marks not to do the like again. every Hearer to be Fined for every Offence, a Freeholder the fourth Part of his Yearly Rent; every Farmer Twenty Five Pound Scots ; and Sub-Tenant Twelve; each Servant a fourth Part of their Wages; Merchants and Chief Traders, not Living in Burghs, to be Fined 25 Scots; and Infe each was to pay half as much for Wife or Child at Meeting. By the same Act, those who preachedinthe Fields, or in any House, where the People flood Without-Doors, were liable to Death and Consiscation: And Five Hundred Marks Reward was promised to those, who' apprehended any, who pre of those Meetings. And afterwards all Baptisms, Ordinations,Marriages upon the severest Penalties. Preaching at Field Mee �An Introductory Epistle. and Hearing with the like. I might mention many other Acts subservient to these; but these are these Men were acted. sufficient But as to the execution of these Acts, no Words can sufficiently aggravate the Barbarity of it. The most Rhetorical Declamation would give but an imperfect Image of Such a horrid Scene of Cruelties; and it is impossible to give a Detail of them, without seeming to extend the Degeneracy of humane Nature to an excess. Many were formally executed, others murdered in Slaves to Barbados', others vexd andoppressedwith illegal and exorbitant Fines and Exactions; many Families were cast out of their Habitations some had their Houses burnt down, others shut up, their Goods and Moveables all seized„ and their Crop and Cattle disposed of at the Pleasure of their Persecutors. And b Sanguinary and oppressive Laws, they gave Orders to the Officers of the Army to execute the same, which they did with so much Severity, as it strikes one with horror to express it. They were left at Liberty to put w they thought fit upon thelaws,whichwasneverac ordingtothemostmercifulpart. Men inspired with the most Savage Disposition, Treating the People in the same hostile Manner as if they had been declared Th're Enemies t �An Introductory Epistle. There was an Inconsiderable Number of People call'd Cameronians * who disowned the Civil Government, which tho'it was a Distracted Notion, yet these Severities lead them to Embrace it. Thereforethosewho did not approve of their Principles, yet thought theydeserv'dCompassion,and would by no means be them, knowing many of them to be Persons of Singular Piety. The Nation, however, wasextremelyharassed by the 23d, ACt of the said Parliament of James the 7th which made it Treason to refuse to Abjure the Cameronian Declaration, which that Party had Fixt on Church Doors and elsewhere, threatening to Treat those who pursued them for their Lives in the same Manner, as they themselves were Treated. The Soldiers were Commissoned to Impose this Abjuration upon all Travellers,Gentlemen Refusers immediately upon the Spot. No man was Suffered to Travel about his Ordinary Affairs without a Pas Passes were not Forged, and those who refused it were immediately hurry*d to Execution. This dreadful Ravaging of the Country, and Loading might Naturally Prompt People to a Self Defence. And thisoccasionedthat first Insurrection at Pentland with Highland Hofts,* which stirred up that greater Insurrection at Both every p Hills, �An Introductory Epistle. Bridge. ^ Andhavingdisarmed all the Nobility and Gentry of the West, and other Parts of the Kingdom^ and Levied Money and Provisions to Maintain them contrary to Law, they brought the Kingdom into most Deplorable circumstances. who assumed a Parliamentary Power, and Imposed Bonds upon theSubjectsin an Illegal and Arbitrary Manner, and gave Orders to the Army to execute their Imperious Commands, who Pulled Sheriffs off the Benches5 and disturbed other Magistrates in the Execution of their Office. So that at last King James usurped an Absolute power, RepealedallLaws which Secured th Religion, Erected Mass~Houses, Popish, Schools5 and ' Seminaries, which Tyrannical Proceedings made way for the Glorious Revolution. This is a Short Account of the State of Scotland in the Reign of King Charles the Second, and James the Seventh4 which is not only Attested by many Authentic Printed Accounts, but also bymanyLivingwitness it to every one to apply proper Epithets to such a Scene of Calamities. If such Bloody Principles as these are Interwov there cm be no Stronger Argument in the World to throw it out of the Articles of Christianity % the doctrines of which so Charity,Kindness,Gentleness,Meekness,Patience and Good Will to Mankind, that if would be the �An Introductory•Epistle* highest Contradiction and Absurdity to suppose any ones Article may be Supported by Brutal Passion and Fury, To Love and Hate., to be Friendly and Oppress% Reverse of each others that nothing can make Religion look more Ridiculous, than to Imagine the Christian doctrineShouldgive sanction to such Contrarieties. to This Principle of Persecution might% with a better Grace, be Adopted by Pagans, because they wanted Rational Evidence to Recommend their Idolatrous worship but 'tis meerburlesquingDivineRevelation to 3 Tis not to be wondred at, if the Scots, by this extravagant Usage, were thrown into a Ferment, and vented their Rage upon the Episcopal Clergy, at the Revolution^ who were looked upon to be the Authors of all those Hardships they were oppress with, It was this apprehension which let loose the Fury of the Populace upon many of them, which the Government put a Sto as was said before^ when the Convention met% they Declared the Bishops to be aninsupportableGrievanceto the Nation*, and some will excute5 when they consider how great an Influence they had in making the above-mentioned Laws, and in that severe Execution of them, which drove many into a Compliance against their Inclination, and Hurried others to a Fatal Execution. However, the Presbyterians, who found not only a Release from their severe Prosecutions by the Revolution, but were prefer'd to Power% did not forget to act agreeable to the character of Christians. Therefore instead of resenting the Cruel Usage they had �An Introductory • Epistle* had met with theytemper'd their Government with all Moderation and Christian Prudence. They might have made it Death to deny the Parliamentary Settlement, The Title of King William and Queen M a r y , to be present at the Jacobite Conventicles, Nonconformity to Presbyterian Government, or have Plunder'd and Murderd those of the contrary Party $ but instead of ImitatingsuchHarshPrecedents,they grant Clergy, by which such of them as were Possest of Churches at the making of the Act, were confirmed in thePossessionof their Benefices. This appears by that Act concerning the Church, Dated J u l y the 16tb } 1695. The Abridgment of which is as follows. Our Sovereign Lord, being Sensible of the Hurt and Mischief that may ensue, upon the \ exposing People's Minds to the Influence of thoseMinisters,who refuse to give Proofs, required by L a w , of their good Affection to the Government, and that all gentle and easy Methods should be us'd to Reclaim Men to their Duty, whereby the present Establishment of this Church may bepreserved, &c. thought good to allow, with the Advice and Consent of the Estates in Parliament, themselves Conform to the Act of Parliament, 1693, Intituled An Act for taking the Oath of Allegiance, and the Assurance, a New and further present Tear 1695, to come in and take the laid Oath of Allegiance, and to Subscribe the same,with the Assurance, betwixt and the said Day 9 �An Introductory•Epistle* Day and that either before the Sheriff or Sheriff's Deputy of the Shires, or the Provost, or the Bailiffs of the Respective Burghs, or any other Inferior Magistrate of the Bounds where they Live, or before any Privy Counsellor, to be reported to the Lords of "His Majesty's Privy Council, or their Clerk, within the Space of One and Twenty Days, after the Date of the said Certificate, declaring, That all such as shall duly come in and qualify themselves, as said is, and shall Behave themselves Worthily in Doctrine, Life, and Conversation, as becomes Ministers of the Gospel, shall have, and enjoy His Majesty's Protection as to their Respective Kirks, and Benefices and Stipends § they always containing themselves within the Limits of their Pastoral Charge within their said Parishes, without offering to exercise any Power, either of Licencing, or Ordaining Ministers, or any part of Government in General Assemblies, Synods^ or Presbyteries, unless they be first duly assumed by a Competent Church Judicatory 5 in which Case* it is hereby further declared, That the aforesaid Ministers, first qualifying themselves as above, may be assumed by the Respective Church Judicatories to which they belong, and shall apply, to partake with them in the present Established Government thereof &c. But such Ministers as shall not come in betwixt and the said D a y , are hereby, and by Force of this present Act, ipso Facto, deprived of their Respective Vacant, without a n y further Sentence ~ And if afterwards any Minister settled in a Church c or Kirks, and St �An Introductory Epistle. or not, be judged fit to be assumed, heshallbe allowed to qualify himself, by taking the Oath of Allegiance fJ?c. tho* the first of September be Elapsed. I believe it would be difficult either for theEpiscopalMinis England, who have been so lavish in pouring out Complaints of hard Usage, to give anInstancefrom history, of so much Moderation and Mildness to a Set of ministers whoactuallydisownedthe C i v l Government $ several of whom, as appears by this, Act, were continued Six Tears in Possession of their Benefices, without taking the Oath to King William, for the Depriving them In the years 1689, and 1690, there were about 315 turned out by the Committee; William and Queen Mary \ yet we may observe there was all the Condescension shewn them that could be. Room was still left for their Continuance in t the Oath of Allegiance, and behavethemselvesas become Ministers of the Gospel, without being obliged Church. The Church of England, as Free as it would be thought from all Imputations of Persection, can hardly venture to Censure this Proceeding as such, Since they have gone as far in Excluding their own Members who have refused to give that Security the C i v i l G o v e r n m e n t required for its own safety. But as to Dissenters they have gone a Degree further% Favourable having �An Introductory•Epistle* Favourable Comprehension to them, that the very Attempt of it would have brought on the utmost Exclamations of Danger to the Church, tho5 they have took the Oath of Allegiance, Sub]cribed their Doctrinal Articles, and were inseparable from the Interests of the Church at the time of their Real Danger, have paid their Taxes with a great deal of Chearfulness%and exerted themselves upon every Occasion, with an equal Zeal to Support the Civil Government. But more effectually, to Silence ail the Cavils of a Clamorous party, it may be easily made appear that, according to their own Principles, they could have comply'd with theEcclesiasticalConformityrequiredby Law. There is an Act I m That the Disposal of the External Government, and Policy of the Church, was declared to be in His Majesty, and his Successors, as an Inherent Right of the Crown, and that he might Settle and Dispose of it as he thought fit in his Royal Wisdom* This past with the Concurrence of the Lords, the Bishops in Parliament and their Clergy and Laity submitted to it without any further Reluctancy. The Consequence is plain^ that pursuant to this the present Constitution of the Church, as it is now Established by theSuccessorsof King Charles the Second, with the Consent of Parliament. This induced many of them quietly to submit, and there can be no other Reason for the Refusal of any, but that they looked upon all the Acts of King William and Queen M a r y , and our Present Sovereign, as c 2 so �An Introductory•Epistle* so many usurpations of the Supreme Power. However Consciencesuponthis Head, had not same Great Men dissuaded them from a Compliance, partly that they might make a more considerable Figure at Courts and seem necessary to the Government, and partly because they knew this would recommend them to the Notice of the Church of England^ and had them to Sympathize with them* . many cou * After the Estates had lodged Gove nment r °f th* Church in the Hands of the PresbyterianMinisters,t the purge out scandalous and insufficient Ministers, and to Suspend and Deprive such as they found Contumacious and Guilty. ' The first Assembly met October the 16th, 1690, consisting of an Hundred Forty Seven Ministers% and Forty Seven Ruling Elders, who proceeded according to the Power they were entrusted with, hit with that Gentleness and Moderation as the Episcopal Party never gave them any Pattern for9 and this will appear by the following Instances. ' 1 . It is manifest by the Index of their Acts not Printed, that on the Sixth Day of their Meeting., there was a Declaration publicly made by the Moderator, in the Name of the Assembly, that they would depose no Incumbents Simply, for their Ju the Government of the Church, &c. 2• In their Printed Instructions to their Comittee for �An Introductory•Epistle* against the late Conformist* and that they proceed in the matter of Censure very deliberatel y , for as none might have occasion to complain of their Severity. 3. That if they were informed of any precipitant or unwar Consequence to the Churchy they Should stop those Proceedings till either the Synod or the next General assembly had taken Cognizance of it, as may beseenby the Acts of theGeneralassembly,Pri Masman, in 1690. 4. In their Letter to his Majesty, they acquaint Him they Commissioners, That none of the late Conformist should be removed from the as were Insufficient, or Scandalous, or Erroneous, or supin due Trial, should be found Orthodox in Doctrine, of C Peaceable, and Loyal Conversation, and who should be judged Faithful to God and the Government. Thus the assembly concluded, with great Satisfaction Time against none of the Episcopal Clergy ^ but one whoseDepositionthey confirmed, for Celebrating an Incestuous Marriage, And they deputed Two of their Number to attend his Majesty^ and give him an Account of this Proceeding. The Assembly had appointed two Committees * One to his Maje �An Introductory Epistle. One for the South,composedof grave andexpertenc'dMiniste visit the Churches, to purge outinsufficientMinistlers,and to re exercised by Inferior Judicatories. At the first Meeting ofthosefor the South, they received many of the Episcopal Clergy into MinisterialCommuni Church, and reversed Sentencespastagainstseveral others by Inferior Judicatories, and depos'd some who declined their Authority5 as they were empowered to do by Act of Parliament, This moderate Proceeding of the Church threw the Jacobites into a new Fit of Clamouring, knowing the Conseque their Interest, and therefore% to support the Credit of their Insinuations, they imputed the precipitant Management of some of the Inferior Judicatories to the whole Church, tho* at that TimetheseCommitte Pretences they furnished cut their Complaints, which they posted up to Court, and by the Interest of some High-Church Men in England, (whom they always found ready to receive any Prejudices against Presbyterian Government) they procured an Order were no way Culpable, unless Acting according to Law can be charged as a Fault. Tho' the King was pleased to makeuseof this extraordinary Stretch of power which, as the Constitution then stood was judged by some to be Illegal, yet they submitted% knowing what powerful Enemies they had to conflict with, till they had an Opportunity of giving his Majesty �An Introductory Epistle. There were divers Artifices made use of to deprive the Church of the good Opinion of hisMajesty,and also to divide them among themselves, which would have had great Success> had not some Incidents given an Interru of L a Hogue came to Scotland, they could notconcealth their Old Master King James, which very much cur'd the King from giving ear to their Remonstrances for the future. But the Parliament which met in April 1693, who best Knew the State of theirCountry Law, and the dangerous Consequence of those Proceedings of the King, which, very probably, he was betrayed into> by the invidious Intimations of somenearhis Person, who wanted neither Will nor Prejudice to overturn the whole PresbyterianSettlemen Importunity of the Court, and to assume the Episcopal Clergy by the Lump. Therefore by their Act of M a y the 23d, They enjoyed a l l Ministers, of what Persuasion forever3 to take the Oath of Allegiance, and to Sign the Assurance by a the prevailing Humour of Jacobinism in the episcopal Clergy, for, n with the General assembly, there were not above Thirty of them who took the Oath. On June the 12th, 1693, They Enacted, That no Person be admitted, within �An Introductory • Epistle* within this Church, without he first take the Oath of Allegiance, and assurance, subscribe the Concession of Faith, and declare the same to be the Concession of his own Faith, and own it to be true, and that he acknowledge Presbyterian Government to be the only Government of this Church, and that he never will, directly or indirectly, endeavo Church, 0V. The Assembly when they met, notwithstanding somedispleasingDifficulties thrown in their Way% addressedthemselvesto act with all Moderation, according to the T might give the best Testimony of it, they made an Act of their own, Discharging all ChurchJudicato Clergy, who had not yet qualifyedthemselvesaccordingto t many as made Application to them upon the Terms of the Act. They concluded with great satisfaction to his Majesty's commissioner, and left the Execution appointed for the South and North. These Committees proceede commission. That for the South, Meeting with less Opposition%receivedseveralEpiscopalMinisters according to the Act % Others they put off] till they had Legally cleared themselves of the Accusations received again them. That for the North deposed Five for habitual Drunkenness, and other Immoralities the sober Episcopal Clergy they^ received upon due Application $ but most were deprived by the Civil Government, for Refusing the Oaths. This �An Introductory•Epistle* This is a short Extract, taken from the * larger Accounts of the Proceedings of the Church of Scotland. And if or Religious Community can be preserved without it. To reform them]elves from Men of Immoral Characters cannot, under any Pretence, come under soseverea Denomination, since 'tis nothingelsebut a Restraining the Sensitive Part, when it rises up in Rebellion against Reason, to disturb the Peace of the Society to which they belong. It is agreed, on all Hands, that Vice and Immorality are pernicious to every Community, and so of right it belongs to the Civil Magistrate to punish it. Therefore the Depositions of Such who were Licentious, cannot he interpreted severe, since as every Civil Constitution ought to provide against Should every Religious Society, abstracted from all particular Denominations and Opinions, guard against theInvasionsof Extravagance, which would soon undermine all the Restraints Re defeat its noble'Design,which is to correct the corrupt Prejudices of our Minds, and to direct us in every action to glorify our Great Creator, and promote the Common Good of each other. As to those, who have lost their Preferments for Refusing the Oath of Allegiance to the Civil Government, this can, in no Se it self and to demand a sufficient Security for that Purpose. How far theyshouldindulge a Protection to their Persons, while they behavethemselvesPeaceably,and without any Welfare, I Should determine on the merciful Side of at the question^ same Time, when they are �An Introductory Epistle. learning of Rome, have Played every Artifice upon • ustoRegain their vast Revenues^ andInfallibleJurisdiction.But th back to the Romish Persuasion5 has brought us into great variety of Troubles. Indeed, the ill examples and consequences of Popery abroad, might give a considerableassistanceto our Firmness and Prejudice against it $ but when we reflect onthoseFatal Experiments undermine us, one would think nothing couldstrikeus with a greater Dread of it. Throughout Queen Mary's Reign, the Papists made Fuel of the Protestants with •Elizabeth, perused Her with continued Plots and Attempts upon Her Person, andstirredup that Invasion had given Order to exclude King James and. Seconded that with the Gun-Powder-Treason, In the Reign of King Charles the First, they laboured to introduce themselves by a French Marriage, promoted the Civil Wars, and the Irish Rebellion, and then pretended his Authority and Commission for it. In the Reign of King Charles the Second, they Fired the City of London, and had f o r m e d Deep Plot both against his Person and Government. And in the time of King James the Second, I need not mention how they Hurried that unfortunate Prince into an extravagant Zeal to promote their Designs, which entirely ended in his Ruin andBanishment.But Alas Iamongstall the Arts5 Plots, and Attempts, which they have formed against us, there is not one that has had a more Fatal influence, then that of Dividing us ' Is it then a bard- Matter toGuessfromwhat Quiver that �An Introductory•Epistle* that Fatal Arrow was drawn, I mean that Sermon which was Preached at St. Paul's, which gave Rise to those Heats and Animosities, that divided Man and Wife, Brother and Sister, Master and Servant, Neighbour and Neighbour ? And what was yet more Melancholy, this Spirit 0f Discord was suffered by the Judicial Hand of God, to spread throughout all the Dominions of Great Britain. And what is the Consequence of this dreadful infatuation? We were alarmedwith the Imaginary Danger of the Church, when by this means it is brought into a Real one $ for now we are divided from the Revolution, that was brought about by the peculiar Agency of the Supreme Being, whichsavedourConstitutionfrom an entire Dissolution, our Religion from the abuses of Popery, and our Persons from the Barbarity and Cruelty of it. We are divided from those Victories 4 of the late Wars, and the gloriousConsequenceswe mightexpectfrom them. We are divided about our Commerce, which brought the Treasure of the World in upon us, whereby Multitudes of our Poor, for want of work, are reduced to a Starving condition. And to mention no more, what can we expect since we seem also divided from commonSense,'andare willing but that some Heavy Judgment of God will fall on us, and teach us Wisdom, Love, and Charity, by the extremity of ourSufferings? This new and extraordinary Step inimposingFresh Hardships upon Dissenters, after so manypublicDeclarationsin the Principles ofthe Church of England aresouncertain as weshallnot know when to depend on them. In the. reign of King Charles the Second, it was voted �The Introductory Epistle. in Parliament, that theProsecutionsagainstDissenters,were Grievous to the Su the Kingdom. However, this did not stop the Vigorous Execution of the Penal Laws against them, who were harassed with Rage and Fury, till Nation was alarmed with the Apprehensions of a General Ruin. This brought the Bishops to the Temper of recommending liberty of Conscience, and a Tenderness to their Dissenting Brethren, in that Celebrated Petition they presented to King James | the Consequence of which was their Imprisonment in the Tower, at which the Dissenters were not at all behind Hand in Joining in the Public! Concern^ and Consideration. the Dissenters, notwithstanding the King had given them a Release from their Sufferings, by an Extraordinary Dispensing Powerr were yet apprehensive of the design of it. But because they accepted of this Indulgence of Worshipping God according to the dictates of their ownConsciences,which they justly conceived they had a Natural Right to, they were reproached with falling in with Arbitrary Measures 5 as if they were a People so fond of the Anguish of persecution, that theymustnecessarilycontinue under all the Extremities of it,, till they had a deliverance by a Legal Toleration $ which is so wild a least the want of Compassion to the Sufferings of Humane Nature, could invent. The Bishops,. when they saw? their whole Constitution^ were alarmed with an excess of fear, left- their ' severities Co and �The Introductory Epistle. Severities towards the Dissenters should have them in to such a Warmth of Resentment, as would lead them to take the Opportunity of Revenging themselves, tho" to the Hazard of the Publick Safety* This brought them at least into a present conviction * of their Error, which softened their Prejudices? and cooled the Spirit of Persecution, which had Jo visibly exposed them to so Manifest a Hazard, And therefore to prevent those mischievous consequences, their Tempers were converted into compassiony and all the Tenderness of Expression towards them nay, and because they were apprehensive this might not be sufficient to draw the Dissenters into a Reconciliation> they Solicited the Prince and Princess of Orange, to exert the utmost of their interest,for preventing them from running into the King's Declaration, and the design of Animating their Prejudices against the Church. 3 Tis very probable the same Reason persuaded that incomparable Statesman, the Marquise of Hallifax 3 to direct his ^Letter of Advice to them, wherein he insinuates this double Caution: First,That they should entertain a Suspicion of their new Friends ^ and also that it would ha inconsistent with Christianity, the Public Safety, out of a Desire of Ease or Revenge. And afterwards he declares, in behalf of the Church Party, That their former haughtiness towards Dissenters was quite extinguished ^ and that the Spirit of Persecution was turned into a Spirit of Peace, Charity, and Condescension; that the Church of England was convinced of its Error in being severe to them $ and all thinking Men were come to a General Agreement as we �An Introductory•Epistle* agreement, no more to cut our selves off from Protestants Abroad, but rather to enlarge our Foundations, upon which we are to build our Defences against the Common Enemy. Besides all the Bishops would not stir one fot from their Petition, would be better than their Words given in their famous Petiti Should offer. The Dissenters, who had given the utmost Evidence, that they w Confidence by the Whole of their Religions Conduct, in the Course of their Sufferings, were glad that the Church, tho^ by the Force of affliction, was brought to a conviction and Acknowledgment of the Sin of Persecution; and therefore like Christians inspired with the generous Part of Christianity, they gave up their Animosity, and were forward to fall in with every Overture which tended to Peace and Unity. This will be confirmed by two remarkable passages* The first was of the Reverend Mr. Jer. White, who was Chaplain to Oliver, and very well known to divers Stratagems, that were made use of to exasperate the Dissentersagainstthe Church, and to divide them from its Interest, endeavoured, by a particular Message to Mr. Whit give an Historical Account of the Persecutions of the Dissenters by the Church; which Mr. W^hite verygenerouslyrefused for divers Reasons, and among the rest, there was this Comical one, that he desired the �An Introductory Epistle. the Messenger to tell his Master, That he would not write against the Israelites to please the Egyptians. Which, at that ti by a Number of the Clergy, who were met together, that, to express their Gratitude, they deputed Two of their Body to acknowledge it and also as a further Evidence Gold, which he likewise refused, to convince them that hescornedall such Mercenary Views \ adding however this Caution, That they would go, and Persecute no more for the future. The other Passage carries a Stronger Evidence, which was this. The Reverend Dr. Williams, when he first came from Ireland, went, without any other Design, to pay his Respects to that Great and Learned Man the l timewith him,o f f e r e dto take his Leave $ which Mr. How prevented by Pressing his Stay, intimating,s That presently there would be anextraordinaryOccasionfor his Advice, W happened for in a while after, there came in the famous William Pen, and Mr. Lob, from King James, with a Message, to desire them to Sign a Paper, Expressing their Content to, and Satisfaction in the Kin and likewise Engaging themselves to stand by it. Which, after they had importunatelyrecommended this, they were greatly Surprized, and for some time silent, but after they had recovered themselves, Dr. Williams offered something to divert this Proposal and furthe to consult with their Brethren. But this was refused. Upon w must �An Introductory • Epistle* must: speak for himself* andsointroducedAnswer,with this Short P was a M a n , who, being ill, had made use of Quacks, till they had brought him beyond a l l Hopes of Recovery and then, finding how his Case was, he sent for a Regular Physician, who, when he had looked upon him, told him, It was too late for any Service he could do him. However, observing his Lips to bechappedwith the Heat of the Fever, he ordered some in the Room to dip a Feather in the Water Gruel he saw in the Window, and wet his Lips with it, which might a little refresh him. The Gentleman die save their Credit, attributed his Death to this Wetting of his Lips. Which Story the Doctor applied after t had been Preaching up for many Years the Doctrines and the Unlimited Power and Prerogative of the King, whereby they were reduced tothosedangerousCircumstances* so that concur to Sign such a Declaration, the present Misery they were in, would be charged upon their Conduct Therefore as f a r as concerned himself, he made this Answer, T h a t he was thankful to his Majesty for his Gracious Indulgence, in Al than he would Sign such a Declaration, he would humbly lay his Liberty at his Majesty's Feet to Morrow. To which Answer, all the rest of the Ministers gave their Assent. Dr. Williams hath further assured me, They were �An Introductory•Epistle* so far from Complying withanyCondescensions from the King in Favour of Popery * or any Attempt which might give Jealousy of their Falling in with suchMeasuresas were prejudicial either to the Church of England, or to the Common Protestant Interest * that when Sir Nicholas Butler came with repeatedMessagesfrom the King to Sir John Shorter* then Lord-Mayor, that he would let the Dissenters have Guild hall-Chappel to Preach in, the Doctor very freely hid before his Lordship the great Inconvence his Complying with such a Request \ which so fully satisfied his Lordship, that he absolutely refused it. and Mischief w I could give many more instances of the generous Behaviour of the Dissenters at this juncture towards the Church, but these are sufficient to convince the World, that they well understand the true Interest of their Country% and the great Blessing we have in the Enjoyment of the Protestant Religion ^ and that no Temptation can induce them to joyn with the Common Enemy, in Sacrificing its real Advantage to gratify their Resentment, or their Indulgence and Ease, This, while a Sense of the Merit of the Dissenters, and the warmImpressionsof theirDeliverancelasted}was freely ack of England with Relation to the Spirit of Persecution, for whi retain some of their little Peevish Animosities} against the Dissenters, yet so more Serious Heads of that great and worthy Body, see now their Error them on it, till they hoped to have ruined them e 2 by �if An Introductory Epistle. by Men who pretended the highest Regard to Religion, late famed Writer has^ in this severe Mannerdescribed will make them wiser - 1 ''desire to know whether the Conduct of the C altered for the better, or their Persecuting Humour abated^ tho' by it they became Tools to the papists of Distress^ that the most Eminent amongst them, with the general Approbation of the rest5 made solemn Declarations of Easing their Protestant Brethren their Power. Yet when the Convocation in 1689 had by the Favour of Heaven, an Opportunity of Performing those Promises, were there not a Party among them, who resolved to keep Faith as little with Scbifmaticks^ as some former Councils with rejected all Terms of Accommodation, and thought the very recommending to them such Alterations in things indifferent, as would make Conforming to the Church so easy, as few Protestants an Affront never to be forgiven * which was the Foundation of the inveterate Malice with which that glorious Prince, to whom we owe our Religion could the Bishops, even those who had finalized themselves in defence^ of the Church receive better Quarter �An Introductory Epistle. If the Violation of those Promises could be dispensed with so early after our e present Age may justly think those Restraints are entirely worn of to trample upon all such Obligations% which now they pretend were only Temporary. Therefore they ridicule our Exp Thought we h i d , That they were under as lasting an Obligation to observe their Promises, as they were to regard those Precepts of the Gospel which require Charity, and Forbearance in doubtfulDeputations,and G have the less Reason to be surprised at this Unfaithfulness, when we may observe th t out such Distinctions tosatisfytheirConsciences,as will elude the Force of all oaths, and Arguments to justify those Practices which stand in a Defiance of them \ which shews they are as Perfidious in to Us. How far these wretched Principlesmaydisposesomeweak by the Completion of our affairs, God seems to be Preparing and probably our Pubic Treachery maystandfirst in that long Catalogue he has to charge us with. How can We, or our Posterity, ever depend on any Declaration of this Sort of Men in our Favour, or they expect the least Concurrence of assistance in any future Calamity they may be exposed to• Theymustbe extremelyStupid>to suppose their Oppressions laid upon us can be Arguments to persuade us to this, for if their Pleading for Depriving us of all Places in the �AnIntroductory•Epistle* the Civil Government, which we have so faithfully contributed to the Support of and Forcing our Children their Education, are the bestRecompense'sthey can affo of their Trouble,mustnot every one entertain a Contem And is it not very natural to expect, that should treated would be careful, more effetually to secure themselvesagainstsuchOppressiveKindnessesIt was impossible to have thought on a more forcible Method to prejudice Persons against them., than by Putting this hardship upon their Children^ who have a stronger Interest in their affection than all their other Properties. The Dissenters ever thought the End of Civil Government had been to preserve their Natural Nights, and plead that it is evident, God has given them as indisputable a Property to their Children, as to their Lives, by that Care and Concern he has wrought for them in their Constitution% that so Restraint laid upon them, seems to militate against the Laws of Heaven, and the Common Sense of Mankind, as also a Prostitution of the very End of Civil Government. Have we not as much reason to upbraid the know ourTransgression? We have took the Oaths of Allegiance and Abjuration-, we have as readily pay*d our Proportion of the pubic 'taxes as any 5 we have thrown in our Estates to support the Public Credit we have been unanimous in the Design of Maintaining the Protestant Succession in the Injustice, �An Introductory Epistle. House of Hanover our Loyalty to the queen has been without Exception \ nay, tho* we Challenge the most forward of our Enemies to Charge us with any attempt upon the Tranquillity of the Church, or State, ever since the Revolution yet% we are Branded as a Set of Malignants, and rendered the Administration, and even of being trusted with the Education of our own Children. uncapable of filling u Can this Scheme of Politics Support the Church? At the Revolution they own'd it to be a folly to Persecute their D Terms of their Communion, and Divide themselves from the Protestants Abroad * because it opened a Gap to the Common Enemy, by which they were very wear the Accomplishment of their Purposes* I wonder what Reason there is, that makes it Sense now 5 there is as fair aprospectas ever, that this Argument will betray those, who espouse it% into their own Ruin. We know it is a Popish Maxim to divide us, and they giveinstructions,and Rules to their emissaries, whereby they may promote Heats and Animosities \and if those that are the immediateInstrumentsof our presentConfusionare not their Tools, yet we are sure from theCircumstanceswe are in, they flatter their Expectation, that the Cause of Popery shall most certainly succeed by it. We are frequently alarmed with Accounts from Abroad of the great Preparations of the Pretender for our Sins, Should suffer the Attempt tosucceed,can we ever suppose he will place a Confidence in those for his Security, who in his Infancy drove him into Banishment ? There is just as muchReasonto depend on this9 as to expecta Roman Catholic will keep i Faith �An Introductory•Epistle* Faith with Hereticks. Or can any Person be so stupid as to think the French King, who all along has been represented as the greatest Usurper upon the Rights of Mankind, and the Grand Persecutor it in England, when he has with so muchViol just as wild an Imagination^ as to think God will work Miracles for our Safety, when we havenotori us in the Deliverance he gave us from the Miseries evident enough that great Numbers of Popish Missionaries are crowded in upon us, their expecta of the Pretender are ready to receive him, we have so great a Confidence in the Bona Fide of the^ French King, that he will not support him> Precautions which we might take for our Safety. The Nation the Fears of the Friends to Her Majesty's just Title and Person, and the Danger of the Hanover Succession were never Stronger $ can we think this a proper Season to divide Protestants, and p between the Church and Dissenters, who differ from them in no Essential Point? If this be thought the Way to preserve the Church, and the Protestant Religion, I shall as soon believe that Fire will not burn, or thegreatestcontradictionsto comm our �An Introductory•Epistle* Common Enemy will lets l i psucha fair Opportunity of Devourin 1 know, Sir, your Goodness will excuse this Tedious Trespass upon your Patience% which I should not have ventured upon, but from an assurance that your great concern for the Interest of our Common Welfare, will bear with my Infirmity in pouring out these Complaints. If I have said any thing amiss, impute it to the Excess of my Trouble„ which is too great for Expression. We seem yet but on the Borders of our Calamities, and I Pray God strengthen your Faith and Patience against the Day of Tryal ^ as we God seems to Threaten all the Dominions of Great Britain with severe Tokens of his Displeasure, which may lead Y Causes of those Troubles, your Country has been affected with, as well as our own. I have endeavoured, with all Faithfulness, to relate facts that Respect one and the other 5 which as I doubt not but you will find I have done with the greatest Impartiality, so it gives me Hopes that you will please to accept thissmallPerformance,as a Sincere T Country, as well as your Self, From, SIR, your most Faithful and Obedient, Servant, Andrew Lowe. A ��( 1 T H E Church of Scotland VINDICATED F R O M T H E Malicious and Groundless Aspersions OF Mr. William Dugud, See. I T is evident from Scripture, That the Ministerial Office is of Divin for the better Obtaining the Important Ends of it, (which are the Practice of Virtue, and hath required a competent Knowledge and an unblamable Conversation, asnecessaryQualificationsof such who are willin Pursuant to this, the Church of Scotland have manifested an agreeable Concern, in the many Laudable Canons and Constitutionsthey have appointed, in Ref none suffered to take upon them the Work of a A Minister �Minister, to wit, The Cure of Souls, or the Charge of a Congregation, but such as have been previously Licenced by Competent Judges to Preach as Probationers for some Time. Or more particularly in t Presbyteries to examine such Students in Divinity who aresupposedto have made a competent Proficiency : And to t Engaging solemnly to own and maintain theDoctrine,Worship,Discipline,and the Church 5 and to be subject to its Judicatories, and to follow no Divisive Courses, to the Prejudice of the Peace and Unity thereof. During this Time of their Licence, they have frequent Occasion to give Proof of their Fitness and Qualifications for the Ministerial Office. The Presbyteries in whose Bounds they Reside, are strict in Observing their Carriage, and Dutiful Behaviour fame. And when an Opportunity offers of Settlings any of them in a particular Ministerial Charge, then he is, in thePreferenceof the whole Congregation, solemnly Ordained to the Work of the Ministry, and entrusted with the Care of that particular Charge. But this is not done before his Passing a second Examination of hisLearning,Soundne and Fitness for the Charge he is called to : And if any Thing appears that should render him unworthy of that Sacred Office, this Promotion is not only stopped, but his License reversed, and also such further Censures are inflicted, as the �(3) the Scandals, Errors, or Immoralities he is Convicted of, s Time antecedent to this, these Candidates are specified, by their Licence, to be in a State of Probation, in Order to their moresolemnConsecration,therefore are com Of this Rank and Number was Mr. William Dagudy Student in Divinity, who, uponRecommendationand A Presbytery of Kirkcaldy, was by them, according to Custom, examined March the 2 2d, Anno 1 7 1 0 , and after Licensed to Preach on July the 27th of the same Year. r The Church of Burntisland being vacant, the People of that Paroch, upon the 22d of January, 1 7 1 2 , offered to the Presbytery two Calls, one to Mr. Ebenezer areskin,, Minister at Portmouge $ the other to Mr, William Dugud, Probationer; each of them Signed by Fifteen Persons, who claimed a Right of Suffrage in the Election of a Minister, with mutual Protestations of each Party against the other. The Presbytery, whose Right it is to decide in this Competition, did not prefer Mr. Areskin, tho5 an Ordained Minister, and one of their own Number: But to allay the growing Ferment, and to preserve Peace and Unity amongst that People, they judged it most convenient to lay both these Calls aside and earnestly recommended to the Yet those who were for Mr. Digud's Cally were so far from Yielding to this Peaceable and Healing A 2 De People o �( 4 ) Determination of the Presbytery, that, upon the 14th of February, they enter'd an Appeal from it, to the Provincial Synod of Fyfe, to meet at St. Andrew's the first Tuesday of April, 1 7 1 2 . The Synod, after having fully heard allParties^endeavour tho' without the desired Effect therefore they peremptorily approved of the Determination of thePresbyteryin Superseding both Calls $ and at the same Time earnestly exhorted the People of Burntisland to Christian Love, and Charity, and Entreating them to lay aside all Strife and Contention, and the Choice of a Pastor to watch over them for their Spiritual Advantage. Whereupon Mr. Dugud's Party were so dissatisfied, that they Appealed from Generalassemblyof the Church of Scotland, who were to meet at Edinburgh in May following. This Appeal being, according to the usual Manner, brought before the Committee,appoint the General assembly. And there, in the Presence which was occasioned thro3 the Competition of the two Calls, there was also a flagrant Report spread Abroad, ofsomescandalousMiscarriages which Mr. Dugud had been guilty of at Blair of Athol, and dunkelden, Anno 1 7 1 0 , when he was there at a Highland Hunting, To which, Mr. dugadansweredbefore that Committee, That the Hunting spoken of was before he was Licenced, and that �( 5 ) that the Report of his being Drunk was false« but * as to Dancing, he had indeed (being muchpressedto it) gone thro5 the Floor, a Thing he had heard, grave Persons had often done. Here Mr. Dugud not only extenuated his Miscarriages, but did alsogrosslyprevaricate, as to the Time of that Hunting, which was afterward made evident by the Deposition of witnesses. The Committee transmitted the Appeal, and Mr.Dugudconsideringthe Report, wh might be prejudicial to his Cause, gave in a Petition with Scandal before the Committee of Bills, and Deferring the Vene it, in Order to his Vindication. The Assembly referred the Appeal and Processes about the Calls which were in Competition, to be determined by theirCommission,who were to meet immediately after the Close of the Assembly,, And in Answer to Mr. Digud's Petition, tho* they might have remitted that Scandal to be T r y ' d after the ordinary Method, before the Inferiour Judicatories j yet Con before the Committee for Bills, and atsucha Juncture, when the Process, wherein he was concerned, was to be finally de they gave this Instruction to their Commission% That, in the first Place, they should enquire into the Scandal, and whether any Accuser would appear before them, to give any Proof of if? A 3 But �( 6 ) But if no Accuser appeared, then they should proceed to determine in the Causes, without Regard to any Surmises against Mr. Dugud. And the General Assembly further ordered, That i f Mr. Dugud should be found Innocent of these supposed Miscarriages, the same should be intimated Thecommission,upon the 16 th Day of May, addressedthemselvesto examine this Affair, pursuant to the Reference which was made to them but none appeared to accuse Mr. Dugud. Wherefore they went on to take Cognizance of the two Calls which were in Competition, as they had been laid before the Presbytery of Kirkcaldy, heard the Parties on both Sides, they approved of the Conduct of that Synod and Presbytery, in Superseding both these Calls. And for the further Vindication of Mr. Dugud"s Innocence^ the Committee appointed the Presbytery of Kirkcaldy, further into the Scandal as they should see fit* The Occasion of this was, that tho' no Accuser had at that Time appeared before the Commission ye there were some Gentlemen in the Shire of Fife, who were present in Company with Mr. Dugud, at that Highland Hunting, who could when called, give Evidence to the Truth of his Miscarriages. Thus ended this Process, whereof Mr. Dugud was pleased to complain, as being the first Round he had obliged himself to run thro • the several judicatories of the Church its true, in this �( 7 ) Competition of Calls for the Church of Burntisland, Mr. Dugud, a Probationer, was not preferred to Mr, Areskin, a Minister of an untainted Character and Reputation: But whether herein he met with their Injustice or Severity, is left to any unprejudiced Judgment to determine. Mr. Dugud, in the next Place, apply'd himself in private to some of the Ministers of the Presbytery of Kirk submissively his indigent Condition, and that being now disappointed of a Settlement in their Bounds, he resolved to go North to his Friends, from whom he expected Encouragement: And in Order thereto, he earnestly besought them to plead with the Presbytery for the Extract of his License, and a Testimonial. These Ministers to whom he had applied, Judging Charitably of Mr. Dugud, and Commiserating his Circumstances, did undertake, andafte his Desire, as we shall now give an Account of. Mr .Dugud, upon the 14th of August, 1 7 1 2 , addressed the Presbytery of Kirkcaldy for an Extract of his good Behaviour among them. Some were for Complying with his Desire, but others objected, and laid, Tha of the Commission of the late General assembly 1 Wherefore, that some Regard might be shewn to their Authority, it was agreed, That two Ministers should be sent to conve of Naughtan and Parbroth, two Gentlemen who Were said to have taken Notice of Mr. dugud's A 4 Mis* �(8) Miscarriages at the Highland Huntings and that these two Ministers Should report the Account they gave, to thePresbytery,at their next Meeting* who September, 1 7 1 2 , reported, They had conversed with these Gentlemen, who told them> That they hadobservedsomeImprudencies in Mr. Dugud's Carriage at that H Behaviour were offensive to him, and Such as he thought unbecoming his character. Yet so great was the Prejbytery's Compassion and Kindness to Mr. Dugud, that,x upon this overly Account, without anyg further Enquiry, they carried it by a Majority, to grant him their Testimonial of his good Behaviour within their Bounds, which was delivered to him upon the 11th Day of September, prudently for Time to come. The Synod'sJudgm Shall be taken Notice of in its proper Place. When this Testimonial had been obtained, there was no more heard of Mr. Dugud's going to the North: And the following Event confirmed the Suspicion of some, that tho3 this was the Pretence his License and a Testimonial, yet he had some other Design in View h for on the 27th of November or 7th of the same Month) Nominating Mr. Dugud to the Church of Burntisland, was offered to the Presbytery, which they caused to be Read, and defer'd their Confederation of it till their following Meeting on December the 25th. The * Presbytery �( 9 ) Presbytery thought it necessary maturely to Consider, and to in this matter, because it was new to them $ and this was the very first Presentation brought before them, from the T of Calling and Admitting Ministers into Churches, had been alter Parliament, Restoring to Patrons the Power of Presentation. ~ The Presbytery, at their Meeting, received a Paper Sign'd by many of the Inhabitants of Burntisland, Craving Mr. Dugud might pass his T r i a l s , in Order to his Admission to be their Minister: And Considering that all the usual Parts of Examination could not be finished before the Ensuing Meet of Fyfe, they referr'd the Settlement of Mr. Dugud at Burntisland to the Determination of the Synod, Resolving, in the mean Time, to go upon Mr. Dugud's Examination, and accordinglypreferred on it in Latin before the Presbytery, at their /next Meeting, and also appointed him to Preach in the Church of Burntisland every Lord's-Day till that Time. Here the Presbytery went on with too great a Precipitancy $ for, according to the Order of the Church, they ought to have advis'd, by Letters, the Neighbouring Presbyteries of the Synod, that they were resolved to proceed to Mr. Dugud's Examination, and to have waited Six or Eight Weeks for their Answer, to know if any Thing could be Objected against: their Proceeding by those Neighbouring Presbyteries. On �(10 ) ver'd hisThesison the Common Head: And, for a Second Comment on Romans the n t h , which he deliver'd at their next Meeting, upon February the 26 th ; And the Presbytery Confide ring that their next Meeting, before the Sitting of the Synod, was, by the Act of the General assembly, and Custom of the Church, to be employ'd in Prayer andprivateCens Business* therefore they delayed to give Direction about the other usual Parts of Examination at that Time; but appointed him in the mean while, to Preach in the Church of Burntisland untill their next Meet of Dunckeir, in the Name of some of the Heretors of Burntisland, protested against this Proceeding of the Presbytery, and Appealed to the Queen and Parliament. And Mr. DugudlikewiseAppealedfro Fyfe-> because, as he alleged, the Presbytery had unjustly delayed his Trials. This was the Gratitude Mr. Dugud express'd „ to that Presbytery, who had shewn so much Lenity a to pass his second Trials, for his moreexpeditio Overt act of his undutiful Behaviour towards the Presbytery; contrary to his express Engagement at the Time he receiv'd his License. And it seems a very unaccountable Piece of Conduct, that Mr. Dugud, for so frivolous an Occasion, Should oppose the Authority of the whole Presbytery; Were it not that he was now engaged to gratify �(11) another Party, who deigned him for a Tool to break in upon the Peace of this Church and The Provincial Synod of Fyfe, Convened at Dunsermlin, on the first Tuesday of April, 1 7 1 3 . Mr. Dugud gave in his Appeal to their Committee for Bills, and Overtures, to be by them transmitted to the Synod: And also the Presbytery of Kirkcaldy gave in their Reference concerning Mr. Dugud's Settlement at Burntisland. While these were under the Consideration of the Committee, the Revisors of the Register of the Presbytery of Kirkcaldy Reported of that Presbytery ^ Where upon, among other Things, they conceived them Culpable in the Business of giving a Testimonial to Mr. Dugud. insult its to the Synod the The Synod ordered to be Read that part of the Presbytery's Register, and found (primo) That tho5 there was a Fama clamofa of a Scandalous Behaviour in Mr. Du Sitting of the late General assembly, andparticularlycondescendedupon before thei for BillS) yet the Presbytery makes mention of it, but very generally in their Register. ( 2 0 ) That tho3 it was particularly recommended to that Presbytery, by theCommissionof the late General assembly, to take Trial of that reported Scandal as they fee Caus their Enquiry in a private and Extrajudicial way. ( 3 0 ) That thus they have left Mr. Dugud Legally impurged of that Scandal, and yet have given hirn a Testimonial recommending him to otherpresbyteries.(4 0 ) That with the Testimonial �( 1 2 ) trial, and notwithstanding thereof, they gave him a Presbyterial Admonition, without being convicted that they had Neglected to Advertise the other Presbytery'swithin this Synod, before they entered M r . Dugud on Trials, in order to his Settlement inBurntisland. And thePresbyterybeing heard on these particulars, they were judged Censurable by the Synod, and publicly Rebuked by the Moderator. eith Next Day, being the 9th of April, in the Forenoon, Mr. Dugud compeared before the Synod^ and protested in manner following, viz. 4 Mr, % Dugud thinking himself lesed, by the Remarks * on the presbytery-books of Kirkcaldy, does Protest, his Character, in Regard that the assembly c T * on Mr. Dugud's Petition, order'd, that no Regard there were a particular fubfcribed Libel offering c at the Commiffion, (to whom the Thing was 6 referred by the AfTembly, with the aforefaid c Caution) none compeared to offer or own Probation c was order'd to be intimated next GeneralAJfem 6 The Taking Trial of what was fuggefted againft Mr, D c * Legal, to do as they found necessary. (4 0 ) The Affair is Res Hactenus Judicata, by Virtue * of the assembly their Declaration, That nothing I can be good against him, without a particular • sub* 4 �c (I3) subscribed Libell and thePresbyteryof Kirkcaldy^ * taking Trial hereof, and giving him an ampler 4 Testimonial, and therefore, in this Affair, the c Thing in the said Affair be left open and t Assembly are the on , € thereupon took Instruments and Protests for * Extracts^ and he refers himself to the Minutes of the assembly and Commission for Probation. M r . Alexander Anderson, in the Presbytery of Cupar, and Mr. James Walker, in the Presbytery of St. Andrews, who had been appointed by the Synod, to revise the Register of the Presbytery of Kirkcaldy, Observing that Mr. Dugud's Protection did insinuate. That the Re by them were injurious to his CharacterAnswered^Thatthe cont much as the Presbytery of Kirkcaldy had been Rebuked for the In Confession of any Scandal: And that his endeavouring, by this Pro Synod from Taking the Orderly and Judicial Way to vindicate him from the Scandal laid to his Charge, before the- Assembly's Committee for Bills, hath given greater Cause than before of Suspicion, of his being really guilty: Which renders it the more necessary, there be yet a Legal and Mr James Curthbert, Minister at Culross, added9 That as the Synod's Fourth Remark on that Part of the Register, relative to Mr. Dugud's Affair, was directly in Favour o likewise were the other Three, upon Supposition of his Innocency; Seeing a general Mention of �(14 ) a Scandal in the Register, whereof there was a fama Enquiry thereto, and a leaving him Legally Unpurged, were the Way to conceal, and not to declare his Innocency ^ and therefore Mr. James Curthbertprotested,That the Synod is no ways precluded from using the proper Methods for bringing this Affair to a Trial and Sentence thereupon: And that they are so much the more concerned to do it, that Mr.Dugud'sProtestationagainstthe Remark Dugud's Protestation, as being, in its own Nature, in this Affair 5 which is not Res hactenus Judicata, as he alle Mr. Dugud adhering to his former Protestation, added, c That he needed no Purgation, seeing c there is no Libell exhibited against him, so that c there may be an equal Risk betwixt the Accuser c the Minutes of the assembly andCommissionbeforementioned,by Mr. Du c Protestation; therefore no Regard can be had c to Mr.Curthbertand Mr. Anderson theirProtestati c Regard be had to private Surmises against him, * in the R. Synod's Judging of his Appeal from c the R. Presbytery of Kirkcaldy to them, unless c there be a formally subscribed Libell. /* The Synod in the Afternoon had two Distinct r Points �# ( 1 5 ) Points laid before them, viz. The Reference of the Presbytery of Kirkcaldy ab Burntisland, and Mr. Dugud's own Appeal from thatPresbytery,for alleged delay in his Trials ; and Mr. Dugud having pleaded that his Appeal might be taken in before the Reference; The Synod in the first place having Caused read his Appeal with the Reasons thereof, and the Answers of theP his Appeal, because the Reasons thereof, were all Frivolous and Inefficient to warrant an Appeal. For further Satisfaction to all whodesireimpartiallyto judge of the p Appeal Signed with his own Hand, with Answers thereto are here Subjoined. Reasons of Mr. Dugud"s Appeal from the Presbytery of Ki contrary to the known Practice of this Church c did not call Mr. Dugud, and Judicially intimate his Exegesis to him, for the * adjourned before Mr. Dugud knew when the c Subject appointed him was, and so could not 4 have Access to propose his Exceptions against I the foresaid Appointment. € Answer, When Reasons fail, something must: be - advanced to make a shew, there is nothing here becoming the dutiful Subjection of a Probationer to a Presbytery: The Presbytery did not wait for Mr. Dugud% but adjourned without intimating to him Judicially, the Common head they had prescirib'd then was sufficient Intimation, And Probationers him: But an �(16) life not to put in Exceptions against the Subjects prescribed for their Trial. . csecondly 5The Presbytery delayed approving 4 Mr. Dugud's Exegesis, tho3 they would not 1 particularly condescend on the Reasons of their 1 so doing, but only in general, that they were 4 not Satisfied with the State of the Question. Answers And was n of Delay, till Mr. Dugud by defending, in the usual manner, his Theses on that Head, had given further proof of his Knowledge and Orthodoxy, whic the Trial. c c c thirdly^ The Presbytery approved Mr. Dugud's Exercise as a part of his Trials, yet did not call him, and intimate the same to him, contrary Anfwer^ Mr. Dugud was acquainted with the Presbytery s approving this part of hisTrial,else he could not have this for one Reason of Appeal: And Mr. Dugud himself prevented the Intimation thereof, by an Appeal against the Presbytery at that very Dyett^ before they adjourned, contrary to the Duty and Practice of Probationers in the Church. 4 fourthlyi The Presbytery would not appoint a 4 new Trial to Mr. Dugud, but hath delayed 4 and Shifted the same, without Condescending 4 on Sufficient Reasons for their so doing. Answer, The Presbytery didCondescendupon the Reasons of their Delay to prescribe another part of Trial at that time, viz. because they could not have time to receive it at their next Dyett of meeting, which was to be imployed in Prayers �( 17 ) Prayers and Privy Censures, according to Appointment Sufficiency of this Reason was not to be measured have more than the usual Time for his next Trial. 4 4 c of the Ge by Mr fifthly, c The Presbytery desireth Mr. Dugud to resolve Questions they propose to him, contrary to a plain at Intrants to Churches, but such as are mentioned in the said Act Mr. Dugud thinks himself lesed, (sicSubscribitur)Willi Answer. Mr. Dugud doth either grossly mistake,' or misrepresent the Tenth A f t of the General assembly, 1 7 1 1 , which indeed contains the Questions to be p when their other Trials are over 5 but it doth not at all discharge Presbyteries to ask any other Questions at Probationers, in the Course of their Trials, concerning their Knowledge in Divinity, and Orthodoxy and Sense of Religion, and theirharmlessConvention.And Mr, Dugud cann that the Resolving of Questions in Divinity is a Part of the usual Extemporary Trials. If Mr; Dugud mean any particular Question put to him by the Presbytery, it's true, they did ask him, when he paid a Sum of Money for his Presentation and they were ob had been openly affected before them, that Mr. Dugud himself had Said so. Which Question Mr. Dugud shifted, tho3 it be very agreeable to the B Questions �(18 ) questions mentioned in the said Act, where the 7th question is, Have you used any undue Methods by your selves, or others, for Procuring this Call ? The Synod having found no sufficient Ground to support Mr. Dugud's Appeal, did, in the next Place, call for the Reference of the Presbytery of Kirkcaldy, about Mr. Dugud, (now Presented Admission to the Church of Burntisland and Considering that by the Divine Direction i Tim. by 27. He who is to be admitted into the Office of a Bishop, or Overseer of the Church, ought to be blameless, and of good Report ^ and that by the Rules of this Church, he is not only to pass the Trial of his Learning and Fitness to teach; but also of his Piety and goodConversation,beforehe is to the Ministry ^ and having understood, that beside the Particular which the Presbytery of Kirkcaldy had so lightly Shuffled over, there were now strong Reports spread Abroad of Mr. Dugud's gross Immoralities, and scandalous Practicesve thought fit regularly to examine into his Life and Conversation. But Considering that they could not undertake this at theirpresentMeeting,a with a full Power to determine about Mr. dugud*s Settlemen Trial of his Life and Conversation, they might see cause. Mr. Dugud, upon Intimation hereof, Resolving to avoid all Enquiries into his L i f e and �( 19 ) and Conversation, endeavoured to put aStopto the Synod's Procedure $ and thereupon entered an Appeal from the Synod to the General assembly of the Church of Scotland, which was ^ to Reasons of this Appeal$ the Validity whereof may be weighed by the Answers here subjoined to each of them. c c Convene Reason 1 . < This Fife, to the General assembly of the Church of Scotland, is to testify my Regard to the Judicatories Appeal fro of the Ch Answ. If by Regard Mr. Dugud means Contempt, tho3 it be true, of Appeal It's a Piece of confident Banter for M r . Dugud to pretend to a Regard to the Judicatories of the C them. His Regard to the! Presbytery of Kirkcaldy hath be their Backs, in Company with his Burntisland Abettors, who were Attending the Synod at that Time, he said, The Ministers were a Pack of Knaves and Rascals, and swore, BY" GOD, he would never ca of the Magistrates of Burntisland, hath since testify'd upon Oath. And what Regard he testified when he Appealed therefrom to the queen and Parliament, shall be afterwards related, B 2 Reason Presi 2. 4 For Rejecting �€ Presbytery of Kirkcaldy, and the Reasons thereof* to the Reverend Synod. answ. The Reasons of his former Appeal being already exposed, do Sufficiently evince the Weakness of this. Reason 3. 6 For 4 Reference of his Affair, merely upon pretended 4 Surmises against him, and until they shall 4 take Trial thereanent, altho5 there be no Libel 4 'or Accuser, and that Affair being determined 4 already by the Assembly. - Answ. The Synod did take in the Presbyter's Reference, but could not, in Conscience, appoint his Ordination to the holy Ministry, without an Orderly Trial of his Life and Conversation. By the Rules of this Church a flagrant Report of Scandal, tho' there be no other Accuser, is a sufficient Ground of Trial and his Libel was to be given him by the Committee to whom the Trial was to be referred and in vain doth Mr. Dugud plead the Determination of theGeneralassem thereanent, did appoint theCommissionto proceed in Judging the Competing Calls of Burntsland, if no Accuser appeared before them against Mr. Dugud, But it was not the Mind of the General assembly, that Mr. Dugud Should be exempted from all other Trials of that very Scandal before all other Judicatories of the Church $ neither did thatCommissionunderstandit so, for they recommended to the Trial of that same Scandal. And further, thert were not meerly pretended Surmises, but flagrant Reports of other Scandals passing upon 4 Mr. �( 21 ) Mr. Dugud, which that General assembly had never heard of, and which were afterwards verified the General assembly would dispense with the Established Order of the Church in Favour of Mr. Dugud as if (of all the Probationers in Scotland) he alone, in all Time Coming, and for all Scandals, was to be Try'd in* a Singular Way, not upon any fama Clamofa, or flagrant Report, but upon an Accuser's Subscribing a Libel against him. by the Deposi Reason 4. 6 Mr. Dugud having a Legal Presentation, in his Fav Magistrates, Town Council, Heretors, and Elders c of the Town and Paroch of Burntisland: A l l * which are rejected by the Synod, withoutCondescending c answ. The Falsehood of this appears by what' was said on the former; but Mr. Dugud thought fit to add this, in Compliance with his Abettors in Burntisland, who, a little before, hadOfficiousl them to the Parliament, on Pretence of their Rejecting their Queen's Prefentation, which was as sufficiently answered at that Time by a Member reject Her Majesty's Presentation, neither was there Occasion of Moving any Question about it but the Question was, Whether Mr. Dugud% under a Fame of gross Immoralities,Shouldundergoa fai �( .22 ) to be ordained a Minister of Burntisland. The Synod were apprized of Her. Majesty's declared good Intentions, to have vacant Churches supply'd with Pious an that it could not be acceptable to 2dmit ascandalousMinistert Dugud did palpably abuse and mistake HerMajes to Screen himself from a Fair and Orderly Trial of his Life and Practice. And Mr. Dugud seems to have taken Encouragement to go on in his Licentious Courses, from his having obtained Her Majesty's Presentation. For having upo attempted the Modesty of one Mrs. Moubray a W i d o w Gentlewoman, it was said to him, Surely Mr. Dugud you have given over all thoughts of the Ministry, when you are Guilty of such things : T o which he answered, I Laugh at all these things, for now I have the Queen's Letters. The Truth of this Mrs. Moubray hath declared upon Solemn Oath, being called thereto by order of th$ R. Presbytery of Edinburgh. The Synod being Satisfied that they had given no Just Grounds for Mr. Duguds Appealing $ and Perceiving his Design and Endeavour was to prevent all Enquiries into his Scandals $ didnotwithstandingPursueth Appointed a Committee of their own Number, with Power to receive informations, and to form a Libell or Libells upon the Fama Clamofa, of Mr. Duguds Scandalous Practices, and to deliver the same to him to see3 and Answer, to ^ , ' ' Cm �( 23 ) Cite witnesses to make Faith thereupon, and to pass Sentence as they shall see Cause, and to do every thing needful in order to Mr. Dugud's Purgation* or Censure, as he ^ shall be found Innocent or Guilty. And after the Committee Shall have brought this Trial to an Issue, that then they Judge and determine in the Reference of the Presbytery of Kirkcaldy about his Ordination to the Ministry and Admission to the Kirk of Burntisland. And they ordered their first Meeting to be at Kirkcaldy on the last Tuesday of May then Ensuing* that they might know, if the intervening General assembly should se any further Instructions, or make any Alterations in this their Mr. Dugud being resolved to carry on his Design of Insulting the Judicatories of this Church, brought his Appeal from the Synod of Fife, before the General assembly, which on May the 7th, 1 7 1 3 . was Received and Read. The General assembly Considering that they had several other Weighty Affairs before them, did refer this Appeal, and Mr. Dugud1 s whole Affair entire to their Com them at their first Meeting after the Close of the General assembly. Hereupon Mr. Dugud having quitted all Obligations of Subjection, and Regard, even to Church, did in a most Insolent manner, in the Face of Her Majesty's HighCommissioner,protest against the General assembly, and gave in Judicially a Protestation, *That the assembly rejected his 1 saidl Appeal, without condescending upon any �( 24 ) * just Ground, that they affirm the Sentence of 4 the Presbytery of Kirkcaldy, and Synod of Fife c against him; and that the assembly opposed 4 only Her Majesty's Presentation, andtherefo 4 the said Written Protestation more fully Expresses. Never was any Probationer Guilty of a more Insolent Practice, to Support a Bad Cause, he endeavours to make Lies his Refuge, and to Cover himself under Falshood^ which is so very Palpable, t the Reasons he has urged, are but so manyNotori That the assembly rejected his Appeal : Here is Impudence beyond Expression. Mr. Dugud telleth the assembly that they had Rejected his Appeal $ when the very Minute before they had openly told and Intimated to him, that they referred his Appeal to their Commission The Second, That the Assembly affirmed the Sentences of the Presbytery of Kirkcaldy, and Synod of Fife against him, isalsoManifestly False: For Mr. Dugud knew very well, that the assembly had neither affirmed, or confirmed, any Sentence against him 5 but (as was Intimated unto him) had referred his Affair entirely to their Commission.Besidesit's evident, from the matter of Fact above related, that neither the Presbytery, nor Synod had Pronounced any Sentence against him, having only appointed a Trial of the Scandals he was reported to be Guilty of. His Third' Reason^ is as False as the Former, viz, that the ' assembly ' opposed ' only • Her Majesty's : * s *'' * " Presentation, �( 25 ) Presentation• The Resolve of the Synod of Fife, to enquire into Mr. Dugud's Practice, was by him Accounted a Rejecting of Her Majesty's Presentation, and now the Assembly's referring the Affair to theirCommission,he says, is only to oppose it. But there is a Plain Differencebetwix and an orderly Trial of theRequisiteQualifications,and Blameless Life of th agreeable to the Divine Rule, and the Duty of all Christian Churches. And the Honour of our Holy Religion requires that Ministers be of good Report, by whomsoever they be Presented to Churches: Seeing a Prophane Clergy r would be the Ruin of Christianity2 andwherebyAtheistsare en The General assembly having Considered Mr* Dugud's most insolent and undutiful Carriage towards the Supreme Judicatory of this Church, and the notorious and impudentFalsehoodsexpressedin his Protestati their Disapprobation thereof and therefore declared his License, as a Probationer, Void and Null, and so discharged him from Preaching; Ordering this Censure to be dulyIntimated.Afte x caused a Memorial to Case and Carriage, which they Humbly offer'd to his Grace the Duke of Athol, Her Majesties High Commissioner to this Assembly, to be laid before Her Majesty, which His Grace was pleased kindly to undertake. TheCommissionconvened after the dissolution of �( 26 ) of theAssembly,and took into Consideration Mr; Dugud's Appeal, from the Synod of Fife to the General assembly,, according to the Reference made to them by the Assembly. They order'd Mr. Dugud to be call'd, but he appear'd not, to insist upon his Appeal to have it judged and discussed. And therefore by the Order of this . Church, his Appeal became void and fallen, and herein Mr. Dugud acted consistently with what he had done before the Assembly * for having protested against them, and declined their Authority, of their commission,by compearing before them. Mr. Dugud, to give further Testimony of his Regard to the Judicatories of this Church, resolves to add thereto the Contempt of Civil Authority, by violating the Laws made for Securing the Rights, and Privileges of the Church. For the next Lord's Day, after the Generalassemblyhad depriv'd him of his Licenfe to Preach, he invades the Church of Burntisland \ and tho5 two of the Magistrates of the Town did intimate to him the Sentence of the Assembly,Discharginghim from Preaching, and delivered to him an Authentic Extract thereof, yet he Preached in the Church, by the Favour of a Part of the Mob, whom he had Cull'd into his Interest. And when thePresbyterysentMinisters to Preach in the Church, and to Intimate the Sentence of the Assembly against Mr. Dugud* this Mob was employed violently to their Entrance, either into the Church or the town. Thus Mr. Dugud continued his Intrusion for Six or Seven Months, until he was called before the Lord Justice Generally and the Lords of stop �( 27 ) of Justiciary ^who finding Mr, Dugud Guilty of him to Goal, till he gave Security not to Preach any more there, unless he shall recover his Intrusion License On the last Tuesday of May, 1 7 1 3 , the Committee into Mr. Augur's Praflice and Conversation, met within the Church of Kirkcaldy, according to the Appointment of the Synod And finding that the Intervening General Assembly had made no Alteration in the Affair before the Committee, but had referred M r . Dugud's Appeal and whole Process intirely to theirCommission,where, through Mr. Dugud's not compearing either by himself, or Proxy, to pursue his Appeal, and insist in his Process,againstthe Synod of Fife, his said Appeal was dropt and became Void and so the Remora, whereby Mr. Dugud endeavoured to stop the Inquiry might have no cause to complain of any unfair and irregular Procedure, they appointed a Libel Articles of Information they had received against him. And because Mr. Dugud was not present,they ordered him to be Cited to compear before them on the First Day of July ensuing, that then he might receive his Libell, and have Competent time to answer the same; and if in his answers heshalldeny Matter of Fact, that then he may have .a L i f t given him of the Names of the witnesses, in the C from the Churc of the Synod o into his Pra to b �( 28 ) Witness, who are to be called to give Evidence, that so Mr. Dugud might offer his just Exceptions against them, if he hath any. Accordingly Mr. Dugud being cited, did on the First of July, compear before the Committee, then convened in the Church of Kirkcaldy, where they Caused to be read and delivered to him Libell containing some of the Articles alledg'd against him, and acquainted him that they had Information of some other Articles. The were to be delivered to him afterwards, when they were extended in Mundo. Mr. Dugud desir a List of the Witnesses who were to prove his Libell, and to know the time when he was to to prepare his answers $ and if thereby it sh appear needful to lead Probation by Witnesses, he shall then have a Lift of their Names. Here Mr. Dugud seemed to have relented from his former Insolence, and become willing to submit to a Trial 5 but we shall find him quickly returning to his former Temper, and as Averse from Inquiry in his Conversation as ever. ; Upon July 2 9 ^ , Mr. Dugud compeared again before the Committee, and' being desired to gi in his Answers, He represented that the Committee were designed to give him an Addition Libell, he desired to have that also. that he might give in his answers to both at the same time, and that he might have a List of the Wit Names, and Designations. T o which theCom �( 29 ) in Readiness, to which, with the former, they appoint him to give in his Answers on Monday the 28th of September next. At which time, if by his answers they found, there shall be any occasion for Witnesses, he then shall have a List of their Names. Hereupon the Additional Libell was Read, and delivered to Here follows the Substance of both LIBELLS. these Information and Libel against Mr. William Dugud, late Preacher of the Gospel, delivered to him by the Committee of the Synod of Fife y at Kirkcaldy, July 1 ft Anno 1 7 1 3 . c WHEREAS all who profess the Name of Jesus ** c Christ, and particularly such as set out 5 for the Holy Ministry, ought to be of a Christian 1 Tender Conversation, and of good Report: c Yet it's commonly and credibly Reported, 4 That Mr. William Dugud, late Preacher of the i Gospel in the Bounds of the Presbytery of 4 whereof are these following, (The Committee 4 referring others to an Additional Libel.) ^4 1. At a publick Hunting at Blair of Athol, in Anno 1 7 1 0 , August 20th, or about that Time, 4 he was guilty of great Levity in Dancing over c the Sword in a publick Company, tho' on July I \ the 27th preceding, he was Licensed to Preach I the i Kirkcaldy, is guilty of �( 4 30) the Gospel by the Presbytery of Kirkcaldy, as their 4 Records testify. And thereafter, on another - Day of the same Month, and Year, at Dunkelde 4 he did did bite the Glass and made his Mouth 4 to Bleed. 2. 4 Upon March 22d, 1 7 1 0 , the Night after the Presbytery of Kirkcaldy had Examined him 4 in his Extemporary Trials, and prescribed him 4 a Text for a Homily, he was very Drunk in 4 the House of Bailiff John Greig in Linkton of 4 Kirkcaldy. 3. 4 On Sabbath, May 24th 1 7 1 3 , he Travelled 4 from Burntisland, after his Preaching there, to 4 Pitteuchar, where he was seen very Drunk, from 4 which place he came to Paddock-Hall, betwixt 4 the Hours of Twelve at Night, and T w o of the 4 Clock Monday Morning, where also he was 4 seen very Drunk. 4. 4 On * April the 9th, or about that Time, Anno 1 7 1 3 , at Dunfermlin, while the Synod was meeting 4 the Synod were a Pack of dammed Villains and 4 Rascals ^ and also at that Time he was very 4 Drunk. 4 5. 4 About the same Time, while the Synod was Meeting, the said Mr. Dugud being in Compan 4 looked Grave and Thoughtful, asked his Company, 4 upon? Who said. They could not tell Then J 4 (said he, in a Scoffing Manner) I will tell you, 4 He is Thinking Godliness is great Gain. 4 6. He I �; 6. c ( 31 ) He was guilty of Lying and Prevaricateting, in that having obtained a * Probationers within the Bounds of the Presbytery of Kirkcaldy, on Earl of Leven, for some 20/ms. resting by the c Paroch of Markinch, for his Preaching there, he c promised to the said Mr. Russell, never to trouble him more ab 4 with the aforesaid Charles Hay, on whom the 4 Bill was drawn : Yet he delivered that Bill 4 to David Malcolm, Writer in Kirkcaldy, m Ordering him to get P 4 Charles Hay, or to return on the Drawer of the 6 Bill. And thereafter the Collector aforesaid 4 being charged with Horning at Mr. Dugud's 4 Instance, when on January the 30th, 1 7 1 3 , Mr. 'Russell, Collector aforesaid, challenged him for 4 Charging him with Homing contrary to his 4 Promise at Getting the B i l l : Mr. Dugud answered, He had given David c to trouble him about that Bill. And again the c same Day when David Malcolm challenged him, 4 for his Denying he gave Orders to trouble c * 4 the Collector aforesaid about the Bill, he acacknowledgedhe gave David Malcolm Orders to 4 return on the Collector , but that he then 4 4 4 7. c Tho3 Mr. Dugud Solemnly owned and acknowledged before the Presbytery of Kirkcaldy, on July the 27th^ 1 7 1 0 , when he was Licensed [to behoved to have Mo �( € 32 ) to Preach the Gospel, thePresbyterianChurch Government by K * General assemblies to be the only Government, agreeable to the word of G o d ; and in like manner promised to € of his Power, to follow no Divisive Courses, c and to be Subject to the Judicatories of this c * Church: Yet when the General assembly had most Unanimously declared his License void 4 and null, for the Insolence he shewed before € * them, he, in High Contempt of their Authority, hath disorderly manner, to Preach in the Church of 4 Burntisland, tho' Archibald Angus, and Robert 4 Thallane two of the Magistrates there, did intimate 4 particularly upon Sabbath May the 10th, 1 7 1 3 , 4 when the Presbytery had appointed Mr. John c Meldrum, to Supply that Vacancy for that Day. 4 And on Sabbath May 17th, when the Presbytery 4 had appointed Mr. James Williamson to Preach 4 in that Vacancy, he, the said Mr. Dugud c Preached there. In regard of which Scandals 4 aforesaid, Mr. Dugud ought not only to be debarr'd 4 4 4 c 4 Censure inflicted on him, assuchgrossScandals,(if Glory of God, Mr. Dugud's own Edification, and the Terror of others, that they commit not the like in time coming. Additional I i made �( 33 ) Additional Libel against Mr. William Dugud > late Preacher of the Gofpel\ delivered to him by the Committee of the Synod of Fyfe at Kirkcaldy, July the 29thy 1 7 1 3 . l . cc 4 i N the Spring time, Anno 1 7 1 0 , Mr. Dugud JL happeningsomeNights to Lodge with Mr. Andrew Baxter, Chaplain to the Laird of Cavers Kerr, in the House of Mrs. Moubray, Relict to * George Moubray, Merchant, Burgess ofEdinburghfrequ 4 4 Vomited again, being the greatest part of four Pints of Ale, i. e. Eight English quarts. And & likewiseone Night in the same House, after 5 Mrs. Moubray had taken her leave of him and Mr. Baxter, the said Mrs. Moubray was 4 again called in to them, where Mr. Dugud was 6 standing in the Bed Stark Naked 5 upon 4 which she run Back, and Cried out, sbe thought 1 the Devil was in the Man. But Mr. Dugud followed 4 to keep her, yet she got away from him. Also 4 about twelve Months ago, the said Mr. Dugud 6 came to the same Mrs. Moubray in the Street, 4 upon the Lord's Day, immediately after Sermon, 4 Ross°s House, where after Sitting a little 4 with her he shut a Window that was open, 6 4 5 and to her Surprize threw her on the Bed, and put his Hand under her Clothes, upon 4 € which her, and took he and followed h �c ( 34 ) which she immediately cried out, and getting up 4 She saw his Nakedness expos'd^ upon which she c called her Landlady, who came into the Room, 4 and stayed with her till Mr. Dugud was gone. 2. 4 Upon September the 29th 1 7 1 0 , being the 4 Friday before the Administration of the Sacrament 4 that time Mr. Dugud was all Night in the 4 House ofnicollicollMason Skipper in Leith, where he 4 was seen Drunk. And that same Night he spoke 4 and behaved very Indecently to Mrs. Mason, 4 Spouse to the said Nicoll Mason and also was 4 extreamly Rude to anne Fairhom, her Servant 4 Maid, when she came that Night to take away 4 his Shoes, or Candle, in that, being a Bed 4 he catched hold of her, and Struggled with her f to pull her to him. 4 4 4 3. 4 .Upon a Sabbath day in April 1 7 1 3 , in the House of the Laird of Grange in the Paroch of Burntisland\ Mr. Dugud, in a Debate between at Weem, Pleaded the Lawfulness of taking money him, fro 4. 4 The said Mr.Dugudis Guilty of Lying and Prevaricating, in that he said, before the Assembly Committee f 4 of Athol, and Dunkelden, was beforeenteringupo 4 Presbytery ofkirkcaldy^whileyet it happened not 4 till after he was Licensed. ^ Also he asserted 4 before the Synod at Dumferling in April 1 7 1 3 , ' that the whole Parish of Burntisland were for 4 him in that Competition betwixt him and Mr. 4 4 areskin, �5 ( 35 ) Areskin, excepting Seven or Eight Persons 4 Whereas on Calculation made, as to both their 4 Calls, the Presbytery found Fifteen for each of 4 them. 4 Also about twelve Months ago, in the 4 Bowling Green, belonging to George Londie, in 4 Linkton, Mr. Dugud (being in Company of Captain 4 and others) did Curse and Swear, saying. By 4 God it is my Bowl, when one Bowl struck upon 4 another. James Jesse 6. 4 Mr. Dugud, since he was a Preacher, having been with Company, Saturday Afternoon, in George Londie s House in 4 Linkton, till Nine of the Clock that Night, went 4 thereafter to Baylif George Greig's House there, 4 and continued Drinking with the LairdofGlasmond,Da 4 was late, Mr. Dugud said, Sutors and Taylors 4 counted Hours, but they were a Merry Company and 4 would take a further Glass. 4 ^ Mr. Dugud having received both these Libels Sign'd by the Clark of the Committee,useddivers Shifts to divert the Trial, andprotestedagainst the Committee, First,4 That the two Libells given 4 him were not Subscribed by any Person taking 4 upon him to prove the same, under an equal 4 Risk^ and therefore Illegal, Void and Null 4 of themselves. Secondly, For not allowing Mr. * Dugud a List of Witnesses Names, and Designations �c (36) nations conform to use. Thirdly, For protracting so long a time as September, the 28th, for answering 4 Desert him, and Discourage Mr. Dugud in his 4 Ministry there. c t Unto this, Answer was made by Mr. James Nairn, one of the Committee, that Mr. Dugud's Protestation is groundless, and no Regard to be had thereto in Respect, First, that Church Judicatories, by the this Church, and especially the Form of Process Established by the General assembly in 1 7 0 7 , may proceed to Libell Persons on a Fama Clamosa, without Subscribing an Accuser. Secondly, Because this Committee hath not refused to give him the Names and Designations of Witnesses, when he shall have given in his Answers to both Libells, and that it appears by his Denial that there shall be need of them, which is the usual •and proper Season for it. Thirdly* This Dilature not occasioned by the Committee, but by Mr. Dugud himself. Craving a Delay in answering the First Libell, till he should receive the Additional 5 whereas the Committee, at their former Meeting, required him to give in his Answers thereto this Day. Fourthly, Whereas Mr. Dugud alledgeth that the Committee's Dilature is on Design to Discourage him in the Exercise of his Ministry, and to make his People desert him: We know no Ministerial Relation he hath to the parish of Burntisland, or any other 5 and know no Right he hath to Preach the Gospel there, or any where else, but look upon him as an open and �and scandalous Intruder, the General Assembly having declared his License to be Void and Null, and discharg'd him from Preaching there or any where else. And with respect to Mr. Dugud's first Reason,He added, that if Church Judicatories were always obliged to have anAccuserSubscribinghis Libel agai was never so Flagrant, there .could be but few Processes of Scandal against any Person, nor could any Person be Judicially Vindicated of the Grossest Scandals laid to his Charge, by the most Flagrant Fame. Whereupon he protested, that the Committee do not stop Process upon Mr. Dugud s groundless Protestation. Thereafter Mr. Dugud reply'd c That but Prejudice to all f but adhering thereto, he further protested* No 4 Regard might be had to Mr. Nairn'sProtestation,especiallyto the third Ar 4 the Appointment of the Day for answer being c only the Committee's Deed, and so the Dilature 4 is not Mr. Dugud's Fault. And in answer to the * Fourth Article of Mr. Nairn $ Protestation : Mr. c Dugud looks upon himself to have a sufficient c Right to Preach, and be Minister of Burntisland, and that by Vi c ample Testimonial from the Presbytery of Kirkcaldy, and by Vir £ in his Favour. And tho3 it be alleged, that the 4 assembly hath declared Mr. Dugud's License 4 Void and Null, yet, First, The same was never 4 Legally intimated to him. Secondly, Neither was 4 Mr. Dugud cited, nor had occasion to answer C 3 ? for c �(38 ) * for himself, therefore the Sentence of the c the assembly's Sentence was no Fault of Mr. c Dugud, being only protecting to queen and assembly * Parliament against the assembly in the Matter c of Civil Right, and therefore he is noScandalo T o which Mr, Nairn, adhering to his former Protestation, duplyed : First, That Mr. Dugud craving the Delay of Answering the first Libel, until he should get the Second, and the Committee granting the same at his desire, he hath no reason to complain of it. As to the Appointment of the Day made by the Committee, the Members thereof lying at a Distance from this place could not have the time of Meetingsooner,especially at this Season, when Ministers areotherwiseimploy'din the Mr. Dugud hath never offered to answer his Libel as yet, tho5 required to do it this Day, whereby he is in Mora. Thirdly, The General assembly upon good Grounds declared Mr. Dugud's License Void and Null, he having declined their Authority, and appealed to a Judicatory not Competent in 3 Cause purely Ecclesiastical * when the assembly had done him no wrong, but referred his Cause entire to their commission. Fourthly, That there hath been Sufficient and Legal Intimation made to Mr. Dugud of the Assembly's Sentence, by Archibald Angus and Robert Thallane, two of the Magistrates of Burntisland, and that before Witnesses, an to Church Judicatories being one of the former Articles of the Libels at the former Meeting given to him. And so he hath no grounds to pretend Ignorance �( 39 ) Ignorance in this matter*, yea, the Sentence of the Assembly was by their appointment intimated from all the Pulpits in thePresbyteryof Kirkcaldy, except that of Burntisland^ to which the Ministers could not have Access, because of the Mobraisedagainstthem The Committee resolved to proceed,notwithstandingall M him, apud acta, to give in his answers to his Libels, at the time assigned. On September the 28tb9 1 7 1 3 , Mr. Dugud compeared before the Commit not to stand his Trial by a Probation of Witnesses, but Subjection and Attendance, thought fit to decline the Authority of the,Synod &nd their Committee, and gave in a Sign'd Paper, Intituled, c Answerers c for Mr. William Dugud, Preacher of the Gofspel, 4 to the pretended Libels raised by the Synod at * Fyfe and their Committee, containing a Declinature. And because proper to insert it entire, and is as follows. 28tb of September, 1 7 1 3 , Forasmuch as there are two pretended Libels raised and mov'd against me, by the Synod of Fyfe and this theirCommittee make no other answer : But that any thing therein that seem and Calumnious, raised and intended of purpose to Blast my Reputation, and Discourage my Ministry �( 40 ) fentation, together with the concurrentApprobati Remanent Inhabitants of Burntisland' and of the Generality of the Heretors and other Parishioners thereof, have been pleased to call me and that in Evidence of the Calumnniousness of those Libels, there is no Person who has hitherto had the Confidence to own himself as an Accuser, by Subscribing Libel, or Information, left otherways he might be justly pursued for the fame, and Branded with that Epithet of Satan, karfyofos rm Yet in Prosecution of my former Appeal from the Synod of Fyfe (for appointing this Committee) to the General assembly and from them to queen and Parliament, I think my self obliged to Decline, as I hereby do Decline this Committee, as an Incompetent Judicatory in the present my Admission on HerMadjesftyesPresentation to the Synod of Fyfe, and yet notwithstanding having proceeded in my Trials, they, on purpose to insnare Patronatus in Ecclefia Dei: But because I did not in Terminis disapprove Her Majesty's Right of Presentation,theirdid not approve of the said Trial, and, notwithstanding, having thereafter assigned me another Trial tho? they approved thereof, yet they stopped to proceed, and appoint to the Synod of Fyfe, which Reference and Appeal being brought before the Synod of Fyfe at Dunfermline in April last, theymostunjustly refused to consider the said Appeal or Reference anent �( 41 ) anent my Admission upon HerMajesty'sPresentation%till such time as Suggestions made against me, and Censured the Presbytery for having given me a Testimonial of my Innocence, and appointed this Committee to take Trial of the said Suggestions, Against which most unjust Sentence I protested, and appealed to t and especially for the laying aside the Synod's Appeal and Refere Her Majesty's Presentation, and appointing this Committee to take Trial ofGroundlessSuggestions and Surmises, contrary to the Sentiment of the Preceding General Assembly, who at discussing a former Appeal in Relation to a Populace Call . I had to the said Paroch in 1 7 1 2 , declared, That they would not regard Suggestions or Surmises against me $ and notwithstanding that the Presbytery of said Suggestions,found them either of no Moment, or False, and thereupon gave me an ample Testimonial of my Innocen of the said Appeal before the assembly, their Committee of Bills having agreed to transmit my Appeal to the Affably, but with their Opinion, that there should be no further Trial prescribed me, in order to my Admission, till thiscommitteeshould take Trial of the Matter referred by the Synod to them, I protected against the said Opinion as Prejudicial to the Grounds of my Appeal, which ought to have been considered in plain Assembly5 and which appe the assembly, and they having, upon May the 9th �( 42 ) 9th} 1 7 1 3 , referred the same .to their Commission, which was not to fit till after the Rising of the Assembly, I protested against the said Reference and appealed to queen and Parliament, not only because the Commission of the General Assembly is a pretended Judicatory, which hath no foundation affirming of the Synod of Fyfe's, Procedure, and of the Opinion of the Committee of Bills, Which Appeal Striking at the Constitution of this Committee, to answer to the said pretended Libels, till my said Appeal be discussed before Her Majesty, and the Parliament of Great-Britain, Secondly, If I had not appealed to queen and Parliament of Her Majesties Presentation, and my Trials in order to my Admission thereupon, and Raising and Moving groundless Suggestions to Blacken my Reputation, notwithstanding the ample Testimonial of In for Trying thereof, being the Chief ground of my Appeal to^the assembly, and by them referred to their Commission this Committee cannot proceed in the Trial oftheseSuggestions,because they are Parties appealed from, and the matter is Res alibi Pendens, whereupon I protest and take Instruments, (Sic Subscribitur) Will. Dugud. Whereupon �(43 ) Whereupon Mr. James Henry, Minister of the Gospel a to be regarded, and therefore thispresentJudicatory(hall, or th to morrow in this place may, notwithstanding thereof, proceed to take all Legal and Regular Steps by Citing, and Examining witnesses, and doing all other things needful, for bringing this Affair to an Issue, that he, may be Convict: or Exculpate, and that for these following Reasons. First, It's the undoubted Right and Duty of Church Judicatories to enquire into matters of Scandal, being a thing purely Spiritual, and Necessary for Maintaining the Authority of the Church. Secondly, There are several things in the Libel and Informations given Mr. Dugud, which cannot be Supposed to assembly, and therefore could not be by them referred to theirCommission,and so as to these at least it is not Res alibi Pendens .Thirdly, By his former appearances before this Judicatory, receiving the Libels of their Hand, requiring Names of witnesses, and pr this day, he hath already Homologate the Authority of the Fourthly, The Judicatory being now in a fair way to take Trial of the gross Scandals laid to his Charge, he now refusing to give in answers, and instead thereof declining the Authority of the Judicatory, is, to say no Worse, a shrewd Presumption of Guilt in these t Upon all which, the said Mr. Henry tookInstruments(cravingLiberty if �( 44 ) if needful,and thatthesemay be imbodied with Mr, Dugud'sprotestation,andthat noExctractthereof be given without this) in the Hands of the same Clerks in whom Mr .Dugud hath taken Instruments. This answer was made ex Tempore, to prevent Mr. Dugudrs getting from his Clerk, or Notary, an extended Instrument of his Declinature, without a Reply. For now he cannot give an Extract of Mr. Dugud's Declinature alone, unless he dealt unfairly, in not Narrating the Full matter of Fact, Prout Res gefta est. Thus Mr. Dugud took his Leave of the Judicatories no further concerned to answer his Libels. And the Committee finding that while Mr. Henry was making his answer, Mr. Dugud had withdrawn, himself, they" referred the Affair to the Synod of Fyfe, which was to Meet at Kirkcaldy on the Morrow, being the last Tuesday of September 1 7 1 3 . And any who is acquainted with Mr. Dugud"s Character, and considers with attention this last Paper which he gave in to the Committee, will readily Conjecture, that it was none of his own Draught and Contrivance 5 but that its Stile, Method, Words, and Phrases do Intimate his Consultation with a Lawyer. Mr. Dugud had gone too far in compearing before the Committee several times, upon their Citation, in Receiving from them his Libells, in Desiring a time might be Assign'd a List of the Witnesses, for this might quickly have brought on a Probation by Witnesses, which to shun, and which the Party who were to manage this Tool, for the Trouble of the Church thought �C 45 ) thought fit by all Methods to prevent. Wherefore he must be brought o Promises: To decline the Authority of the Synod, and their Committee, was thought the most proper Expedient. And therefore Council must be advis'd Plausible Colours a Bad Cause would stand in need o f ; Which yet proves but a Cobwebb when compared with the plain matter of Fact, as it is before related. The Paper, in the first Place, infatuates an Answer that Libel; viz! A Denyal But Omitting this, in the next Place it contains a Declinature, supported by two Reasons; First, That Mr. Dugud had formerly appealed from the and from them to queen and Parliament Secondly, That the assembly to whom he had appealed, did refer this Affair to their Commission and therefore it being Res alibi pendens, the Synod and their Committee are not Competent. Judges. This is the Sum of the Declinature, But whatever Art of Barristery may be contained in it, Mr. Dugud\ Advocate seems not to have consulted his Reputation, when he advices him to give. up his best Answer, which he should have stood to, had he been Innocent, 4 Albeit (says he) I needed 5 make no other Answer, but that any Thing 4 therein that seems to be of moment, is grossly 4 False and Calumnious. Why then do you make any other Answer, if this be true ? Why another Answer to cut off this? For the Declining the Autho �(46) firstAnswer.The Artfulness of the Expression is also observable. Any thing that seems to be of moment isgrosslyFalseand Calumnious. An Insinuation Libel were of no Moment, and that others had only the Appearance of being so. The Articles of the Libels are therefore before particularly set down, that the Reader may judge. But why does he not condescend upon the Articles that are of no Moment > Does he accountDrunkenne be but seemingly of Moment? However, it*s owned that Some Things in Mr. Dugud * Libel seem to be of Moment 3 but it's said, These are grossly False and Calumnious. Well * How shall the Falsehood *of the Calumnies be discovered? How shall M r . Dugud be vindicated from them ? B y the Test of Competent and Credible witnesses? No, faith Mr. Dugud, if you offer to give Probation by Witnesses, I declin on Mr. Dugud"s own Word, c These .Calumnies 4 are contrived and invented on purpose to blast c his Reputation, and discourage his Ministry in c Burntisland. The Ruin of his Reputation is Owing to his own Immoral and Scandalous Practices; and his Pretence to the Ministry in Burntisland (which must not be discouraged) is all of a Piece with the reft of his Paper. He wants Ordination by the Hands of the Presbytery, and his License, as a Probationer, is justly reversed by the General assembly. And what Right has he then to exercise the Ministry in Burntisland? Saith �( 47 ) Saith Mr. Dugud, God in his Providence, Her Majesty byPr have been pleasedto call me to it This seems to intimate, That the Judicatories of this Church are Fighting against God, the queen, and the ,People. But what should persuade therm that God calleth to the Ministry, or requireth them to ordain any who are blemished in their Conversion, and in the common Report of their Character > They think it would be anundutifulReflectionon Her imagine that Her Royal Presentation gives Warrant or Encouragement to admit aScandalousPersoninto the the People of Burntisland be resolved for such a Pastor, he is the most improper Person to be planted among them. But the Calumniousness of this Libel appears in that there is no Subscribing Accuser. This is, Crambe recota, and Mr. Dugud hath been frequently acquainted, That an Accuser Subscribing a Libel is not requisite in Processes of Scandal And what a new Turn doth it receive here? No Person: has hitherto .had the Confidence to own himself as an Accuser, 8cc. Now grant this to be true, will it therefore follow that all the Reports of Mr. Dugud\ Immoralities are but Calumnies, tho5 they by HabileWitnesses,mustMr. Dugud,notwithstanding,be recei one Innocent, and Worthy of that SacredFoundation,merelybecausenone has ow Accuser by Subscribing his Libel ? I think Mr. �( 48 ) Dugud s Advocate will not avow this, if he owns himself to be a Christian. It would be too tedious to animadvert upon every Sinister Insinuation, Invidious Turn and Misrepresentation of matter of Fact, which occurs The first Part of Mr. Dugud's Declinature is built upon his Appeal from the Synod to theGeneralass Parliament. Now if these Appeals were unwarrantable and gro shewn, then this first Reason of Declinature goes for nothing. Mr. Dugud says, c He cannot be 4 obliged to answer any pretended Libels, till 4 his Appeal be discussed before Queen and Parliament. His the Appointing this Committee for Enquiring into his Scandals, was the Reason of his Appeal: Therefore hath he not put a very pretty Talk upon the queen and Parliament, to determine this grand Case, Whether Mr Dugud, who hath obtained Her Majesty's Presentation, may be brought to a Trial of his Christian Life andblamelessConversation,before him to the HolyMimicry.? His Second Reason of Declinature is, That his Affair is Res alibi pendens $ viz. Before the Commission of the General assembly. But it hath been already observed, that, according to the Order and Practice of this Church, when an Appeal comes to be called, and the Appellant doth �doth not appear to insist for Discussing of his Appeal, judged, that the Appeal falleth and becometh Void, and the Court appealed from may proceed, And this is the Case of Mr. Dugud's Appeal from the Synod of Fife: He did not own, nor compear before the General Assembly's commissiony to whom the Discussing of it was referred, and therefore it's not now Res ibi pendens. . before the J as if no But it seems Mr. Dugud had some Scruple of Conscienceagainsthis Compearing before the commission of the General assembly at least he hath found out a new Pretence of his Appealing to Queen and Parliament, (tho' he omitted it at y the Time) viz. That the Commission of the General Assembly, to whom his Affair was referred, is a pretended Judicatory, that hath no Foundation in Law. Does not this show him to be a very becoming and dutifu Engagements for Maintaining, to the best of his Power, the Doctrine, Worship, Discipline, and Government of this smattering Barrister ? The L a w Ratifying and Establishing Kirk-Sessions,Presbyteries,Synods, and General assemblies, doth lay asufficientFoundationfor their respective these Courts, and very necessary for the more expeditious dispatch ofBusiness.TheseCommitteesand Commissions are means which Principal Judicatories find sometimes very D proper �(50 ) proper to be employed in the Exercise of Discipline Matters purely Spiritual and Ecclesiastic, for Preserving the Unity and Purity, and Promoting t L a w which allows these principal Judicatories their Work and Ends, muft be.aliosupposed to approve of the suitable and proper Means, whereby they perform their Work, and compass ever since the Reformation, and the first Legal Sanction of Presbyterian Church Government, it has been the constant Use, Custom, and Practice, to have Committees andcommissionsof Ecclesiastic Courts, which is a good Evidence of the true and received Meaning of the Law. And of all these, the Commission of the General assembly is mostrequisiteand reasonable. For the assembly being the Supreme Court, from which there lies no Appeal in Ecclesiastical Affairs, and Convening onl in the short Time allowed for their Sitting. And therefore such Affairs as either are of less Moment, or require not speedy Dispatch, are most fitly referred to be discussed in their Commission. Nor i to concern themselves in any Matters, but what are expressly referred to them, and are still .accountable to whole conduct and Administration, of which they �(51) they are obliged to keep an exact Register. But Mr. Dugud's Displeasure must be ventedpeculiarlyagainstCommitt some of them, perhaps, have been too diligent and officious in Enquiring into his scandalous Deportment. The Synod of Fife meeting at Kirkcaldy the last Tuesday of September, 1 7 1 3 , did take the Reference of and having read the Minutes of the said Committee, and both the Libels they approved their Diligence * and appointed a new Committee of their own Number, to make a further Enquiry into the Report ofthoseScandalsallegedagainstMr. Dugud, and to meet Kirkcaldy on the Second Day of October, after the Rising of the Synod, with Power to them to meet de die in diem; appointing them to take orderly Trial of these Scandals * to Cite Witnesses, and take full Power to them to do every Thing that they shall find necessary, or fit, for the Dispatching of this Affa Thing extraordinary should fall out, which shall require the same. Accordingly after the Synod Rose, the Committee Second Day of October, 1 7 1 3 , and having read their Instructions, with both the Libel? against Mr. Dugud, and his Declinature 5 they found by the List of the Witnesses, that some of them were not within the Bounds of the Synod of Fife $ and the other Witnesses were so many, that they met in t �( 52 ) could not examine them all at one Dyet. They resolved therefore to cite such witnesses as were within the Bounds of their Synod to different Meetings of thi written to other Judicatories, in whose Bounds some of the witnesses resided, desiring them to call these witnesses before them, and take their Depositions before them, upon the particularArticlescondescend this Committee and to appoint Sub-Committees to take the Depositions of some witnesses, who could not conveniently attend the Committee itself, tho3 After the Committee had, at several Meetings, examined such witnesses as compeared before them, who were all solemnly sworn, and purged their Sub-Committees, with those that were transmitted from oth of January, 1 7 1 4 , they resolved to call the Synod to meet at Kirkcaldy, on Wednesday the third of February next ensuing, and they referred the Affair it as they should fee Cause. On the 3d of February, 1 7 1 4 , the Synod of/Fife met at Kirkcaldy, and having read the Minutes of the last Committee, and considered the Depositions 'Dugud, on the 4th of February. At given �At Kirkcaldy, February , the 4th, 1 7 1 4 . 4 T H E Provincial Synod of Fife Considering ^ the Libel given to Mr. William Dugud, late V Preacher of the Gospel in the Bounds of the c Presbytery of Kirkcaldy, upon the 1 st Day of € July, 1 7 1 3 , by a Committee of their Number$ and also the 4 by them to him, upon the 29th Day of the said 4 Month of July, both which were read before 4 them and also having considered the Probation upon the said 4 another Committee, appointed by the last Synod, 4 which was also read: Thereby they did 4 find, as to the first Article of the first Libel, 4 That the Laird of Naughton depones, The 4 said Mr. Dugud danced over the Sword, in a 4 Public Room, before aconsiderableCompanyin the Castle of Blair of 4 also that Alexander Norry depones, That he 4 danced over the Sword at Blair of Athol, in a 4 Company where were many Gentlemen and 4 others: And that Mr. Adair depones, That 4 Two Gentlemen danced over the Sword at 4 Blair of Athol And they further find, That 4 the Laird of Naughton depones, * That Mr. 4 Dugud chewed a Part of a Drinking Glass in 4 Mr. Fenton's House in Dunkeld, in a Company 4 where was Mr. Adair, and three Officers of c Dragoons. And by Mr. Adair $ Deposition, c they find, that Gentleman bit a Piece of the 6 Glass at Dunkeld, after he had drunk. They c D 3 4 find, �( 54 ) c _ find, moreover, a strong Presumption of his 4 Drunkenness at Dunkeld, from the Laird of 4 Naughton Deposition, who said, He heard Mr. 4 Dugud had sat up with the Company a great Part 4 of that Night at Dunkeld, in which Company he 4 heard there was Excess, and that Mr. Dugud c was not Sober. And by Alexander Norry'sDepositio 4 with Masters Nugent, Adair, and others, which 4 Company the said Alexander Norry left after 4 Ten of the Clock that Night, and heard in c that Room, where he left Mr. Dugud, a Bag 4 pipe5. and that next Morning, soon afterDAYLIG 4 the said Narry, lay, he overheard the Company fc still Speaking, and one faying, My Lord, Mr* 4 Dugud will not take his Glass. Whereupon my 4 Lord said, Mr. Dugud will you not drink my 4 Health ? To which, Mr. Dugud said, I will, if 4 it be your Lordship's Pleasure. And that the said c Norry heard from the Servants of the House, 4 That Mr. Dugud, and others, continued in 4 Company in that Room all Night Drinking. 4 Farther, they find by Naughtons Deposition, 4 That Mr. Dugud's Carriage was light and unseemly, an 4 him, that* he took Occasion to quarrel Mr. 4 Dugud, how he came to carry so in the Highlands. To 5 4 4 £ c it to please them. And by Alexander Norry's Deposition, That Mr. Dugud seemed rammage and forward, and applied himself just as the Company. As to the Second Article The Synod finds, by the Presbytery of Kirkcaldy s Records �* cords produced before them, thatMr.Dugud was examined upon his extemporary Trials, and had a Text prescribed to him, March the 22d, 1 7 1 6 . And that Mr. King depones, On the Night and Place Libelled^ he obf^rved in Mr. Dugud such Evidences of his being the worse for Drink, that were both offensive and surprizing to him and Mr. Meldrum*Whereuponthe Chamber^ which he did and next Morning, when they came to his Room, they found he bad vomited very much, thebed-clothesbeingspoiledwith the Vomit, and a g of the Chamber-Floor, the Smell whereof was very noisome. And that Mr. Meldrum depones, The fame Night and Place he thought Mr. Dugud drunk, he' appeared Merry, and was Singing. Whereupon Mr. King and he desired him to forbear, and after, on a sudden, he fell mute whereupon he, with Mr, King, desired him to go to Bed, and helped him off with his Clothes, and to his Bed, in regard he was not able to do it himself and that next Morning he did see the bed-cloths, and some Parts of the Room, which was very noisome to him. As to the Third Article $ The Synod finds, That Thomas Christy depones, That one, who called himself Mr. Dugud, came to the Door of his Mother's House at Pitteuchar, one Sabbath-Evening, about Bed-Time, in May Just, who said, He had Preached at Burntisland that Day 5 and that Man was then over-taken with Drink, that he saw him stagger as he went, D 4 V and �(56 ) and when upon the Horse, he saw him sway 6 from Side to Side ^ and that when he lighted, c he made his Water with his Face towards him c twice, so that he saw his Nakedness both c Times ^ and that he stayed about Half an 4 Hour at Pitteuchar, and that in Telling his 4 Name, he said twice William, before he added * Dugud. And he farther depones, That it's T w o * Miles betwixt Pitteuchar and Paddock-hall * And that John Honeyman depones, That he 4 thought that the Man that came by Pitteuchar 4 that Night was Mr. Dugud. And that Alexander Cufchett depo 4 he was Leaping upon his Horse, as if he had 4 been like to fall to, the Ground, tho5 he did not 4 fall. And that Robert Cufchett depones, He 4 saw his Nakedness when he made Water, and 4 heard him spew the Way to Balbirny-Bridge. 4 And further they find, by an Extract from € the Records of the Presbytery of Kirkcaldy, that 4 the Assembly's Sentence, Declaring Mr.Dugud'sLice 4 from the Pulpit by the several Ministers in 4 their Bounds, on the 17th Day of May last. 4 And that Janet Bogie depones, That Man aforefaid came 4 that immediately followed, that Sabbath * whereupon Mr. Dickson read out Mr. Dugud s 4 Name from the Pulpit in the Kirk of Markinch, 4 the Sun-Set when Mr. Dugud came to Pitteuchar. 4 Dugud came to Paddock-hall about the middle I of the Night, upon a Sabbath, in the End of t May An �( 57 ) * May last, and called for a Gill of Aqua Vit c which the said James brought to him^ and c Mr. Dugud asked the same Questions about c the Way and Distance to Loupar, over1 and 4 over again, twenty Times, and that he staggered betwixt the Hou 4 fell to the Ground and broke his Pipe. And 4 Mr. Dugud declared, He had Preached at c Burntisland that Day * and that Mr. Dugud was 4 in great Confusion and Disorder, as appeared 4 by the whole of his Behaviour. And that c Henry Anderson depones, He knew very well 4 Mr Dugud went from Burntisland that Night 4 Libelled, after both Sermons, and hired his 4 Horse to Mr. Dugud's Father's House about 4 Decide. As to the Fourth Article ^ The Synod i 4 finds, Bailie Thallan depones, That Mr. Dugud, 4 at Dunfermline, the Second Day of the Synod 4 there, called the Ministers a Pack of K N A V E S 4 and R A S C A L S , and bid the said Bailie Thallan 4 go tell them so much. And that Mr. Dugud 4 swore B Y GOD, he would never call themBrother,and 4 depones, That at that Time Mr. Dugud took 4 a hearty Bottle in his House, tho' he could 4 not say he was Drunk. And the said Robert 4 Anderson Coming and Going to the Company, c heard Mr. Dugud call the Ministers a SAD 4 PACK. AS to the Fifth Article h The Synod 4 finds, Mr. John Meldrum depones, That while 4 the Synod were Meeting at Dunfermline, he being 4 Man went by, who looked Grave and 4 Serious, upon which Mr. Dugud merrily, ! and^ �( 5 8 ) . and, as Mr. Meldrum thought, heering* c said, Ob! GODLINESS is great GAINc As to the Sixth Article The Synod finds, that c Mr. George Oliphant depones, He heard Mr. Dugud promise 1 for payment of the Money $ and that he heard * Mr. Dugud declare, after Mr. Ruffel was charged c with Horning up the Bill, in the presence of 4 Mr. Eliot, Mr. Dall, and Mr. Drysdale, that it 4 was without his Knowledge and Consent * and 4 that" he gave no Orders to David Malcolm to 4 recover upon the Drawer • and that after he 4 heard Mr. Dugud acknowledge before Mr. Russel, c Malcolm Orders to Recur upon the Drawer, c and say, He behooved to have Money, or something 4 Mr. Eliot, Mr. Dry/dale, and Mr. Oliphant, say, 4 He had given Mr. Malcolm no Orders to pursue 4 Mr. Russell, by Recurring on him, as Drawer 4 of the Bill. And that Mr. Drysdale depones, 4 Mr. Dugud declared, He knew nothing of Mr. 4 Russels getting the Charge, and that he never 4 designed it and that he had given David Malcalm n 4 And that Mr. Eliot depones, Mr. Dugud said, 4 He had given Mr. Malcolm no Orders to charge 4 Mr. Russel with Horning. And that Mr. Russel 4 depones, Mr. Dugud promised, in the Forenoon, 4 that the Horning should not militate against 4 him v yet in the Afternoon he was charged 4 with it. And that Mr. Malcolm having said to 4 ' 4 Mr, �4 Mr. Dugud, you ordered me to Recur upon the Drawer, Mr. Dugud did not refute thesame y 4 but said to this Purpose, I must have Money. 4 And that David Malcolm depones, That Mr. 4 Dugud ordered him to have Recourse upon the c Drawer, if Mr. Hay refused the Bill, and that c Mr. Dugud owned the same before the faid David Malcolm, Mr. Russ 4 to the Seventh Article The Synod finds, from c the Presbytery Book of Kirkcaldy, That on the 4 27th of July, 1 7 1 0 , Mr. Dugud was Licenfed 4 to Preach the Gospel, and that at that time 4 he owned and acknowledged the Confession of 4 Faith to be the confession of his Faith, and 4 subscribed the same, together with the Formula% 4 in Face of the Presbytery and that he owned * and acknowledged the Presbyterian Church Government by kirk-sessions 4 and GeneralAssemblies,to be the only Church 4 Government agreeable to the Word of God, 4 and that he would maintain the same to the 4 utmost of his Power 5 and that he would follow 4 , no Divisive Courses, and that he would be subject to 4 they find, by the Formula subscribed by him 4 at the same Time, that he engaged, in the most 4 solemn Manner, to cleave to the Doctrine of 4 this Church, concerning the Headship of our c Lord Jesus Christ over his Church, as her 4 King, Lord, and Lawgiver * as also to the 4 PresbyterianGovernment, by the Parity of Preaching and Ruling 4 4 Spiritual, . �(60) * Spiritual, by an intrinsic Power derived to c them from the Lord Jesus Christ, different 4 from, and independent upon the secular Power of Te 4 Judicatories, according to the Principles and 4 known Practice of this Church $ andpromisedfaithfully 4 maintain and defend the Doctrine; Worship, 4 Discipline, and Government of this Church 4 against Papists, Aminians, Prelatists, Erastians, 4 Independents, and all Adversaries whatsoever, 4 according to our solemn and frequentlyrene 4 whereof he thereby acknowledged. They 4 further find, by an Extract under the Hand of 4 the General Assembly s Clerk, that Mr. Dugud 4 License was, by the assembly, in May last,declared Void a 4 shewed before them* and that the said Sentence of 4 several Ministers of the Presbytery of Kirkcaldy, 4 from their Pulpits, on the 17th of May last, 4 by an Extract under the Hand of the Clerk 4 of the said Presbytery. They further find, 4 That Bailie Thallan depones, That he and 4 Bailie Angus delivered the assemblys Sentence 4 the Tuesday after it was passed to Mr. Dugud, 4 who looked upon it, and delivered it to Bailie 4 Anderson, who read it in their Hearing. And 4 that John Cowan depones, That Bailie Angus 4 and Bailie, Thallan - intimated to Mr. Dugud 4 the Assembly's Sentence, before Bailie Anderson s and the said John Cowan, without 3 Notary. 4 They �( 61 ) c c c They further find, by the Depositions of Bailie Anderson, Mr. James Guthrie, Grange, Henry Anderson, James Clark, and many others, That he the Church of Burntisland, for many Sabbaths * after the Time aforesaid. And theSynodfinds; € by the Depositions of several, That Mr. Dugud * had Preached in Burntisland everySabbathday,except on € after the said Sentence of the General Assembly € Moreover, the Synod finds, as to the First Article of the Sec c depones, That about the Time Libelled, (he c has seen Mr. Dugud drink four Pints of Ale € alone, tho5 she cannot positively say, She saw V him drink so as to stagger; , and when she c challenged him, he said, He was a Strong Man% c and durst not take a Vomit, but chewed Tobacco^ Q and drank Tippony Ale till he vomited, for his c Health. And that sh'e has frequently seen him c vomit after his Drinking. And that (he being called into t 6 Dugud and Mr. Baxter to go to Bed, she saw * Mr. Dugud standing stark naked on his BEDSIDE, Mr. Dugud stretched forth his Hand, and took c hold on her Coat. Also that Summer, a Year £ By-go. •, one Lords-day Afternoon, when 4 she was Coming from the New Church, Mr* 4 Dugud met her, and went along with her to € her Lodging; and when she acquainted him c with some Things which troubled her, they c being alone in her Chamber, Mr. Dugud shut 6 a Window that was open, and, to her great 4 ! Sur- which made her s �( 62 ) * Surprize, threw her back on the Bed, and offer'd * but she, Crying out, recovered herself, and as 4 she rose up, saw his Nakedness exposed. After 4 which, she said to him, Surely you must have 4 given over all Thoughts of the Ministry, when you 4 do such Things, and are in so bad Order. To 4 which he answered, I laugh at all these Things, 4 for now I have the Queen's Letters. And that c Margaret Thompson depones, That while she 4 served Mrs. Moubray, she has seen Mr. Dugud 4 drink more than he should have done, and 4 than became one of his Character to drink 5 4 'and that she has seen the Room, where Mr. c Dugud and Mr. Baxter lay, wet, when she 4 came to it in the Morning* but knows not, 4 whether it was by Drinking excessively or 4 not As to the Second Article of the said Libel 4 That Three Years ago, the Friday before 4 the Sacrament at South-Leith, Mr. Dugud 4 was in her House all Night, and then 4 she thought him drunk ^ he smell'd of Drink, 4 and his Discourse and Behaviour was such as 4 gave her Occasion to think he was drunk ^ 4 and that he had a very undecent Carriage to v 4 her, by putting his Hand on her naked Breast, 4 as she gave fuck to her Child, asking, If she 4 was not Longing for her Husband ? A t which, 4 she was astonished, and rose up to come away, 4 but Mr. Dugud pressed her to stay, and kissed 4 her very immodestly, particularly by Attempting 4 And further, That Mr. Dugud having chopped 4 very �( 63 ) 4 very loud, she sent up her Servant AnnaFairholm,sheherselffollowing to the Door, and she heard Mr. Dugud press 4 her Servant to sit down by the Bed fide, and 4 call'd for a Dram, he having call'd for another 4 before. Upon which, her Servant came presently down, and refused to 4 he knocked very loud, giving this Reafon^ 4 She had been Seven years and an half in her House 4 and never saw such Company. And also that 4 Mr, Dugud broke a Tobacco-Pipe, and threw 4 the Pieces through the Room with great Noise, 4 and that neither Mrs. Masan herself, nor her 4 Servant, durst enter the Room, that Night nor 4 the next Morning, till he was gone. And Y that Anna Fairholm, late Servitrix to Mrs. Mason, depones, Mr. Dugud 4 about a Month or two before she left that 4 Service, which was at Martin-mass was three 4 Years, and that he called for a Chopin of Ale, 4 and half a Gill of Brandy, which she brought^ 4 and removed out of the Room, leaving only 4 him and her Mistress Sitting in it * and a little 4 after, her Mistress came down, and left him % 4 and that Night he desired her to bring up , 4 another Chopin of Ale, and half a Gill of 4 Brandy, and desired her to take a Chair and 4 sit down beside him, which she refused to do, 4 and went down Stairs ^ and, a very little after, he kno 4 found him in Bed, and he desired her to bring 4 the Candle to the BED-SIDE, which when she 4 did, he took her by the Hand, and desired 4 her to sit down on the BED-SIDE, which she 4 4 re- �( 4 64 ) refused, and drew her Hand out of his. Then * he desired her to give him a Book out of his 4 Pocket, which she also refused, but brought 4 the Coat to him, whereupon he endeavoured to 4 take her by the Hand again, but she got away 4 and further, that he knocked very loud again, 4 and her Mistress desired her to go up, but she 4 refused, because she was terrified with his 4 Carriage, and faid, She had been«Seven years 4 and a half in her Service, and never saw such 4 Company. Whereupon, her Mistress said, She 4 would not desire her to go up. As to the Third 4 Article ^ The Synod finds, by John Dury of 4 Grange his Deposition, That Mr. Campbell, Minister at W 4 House with Christian Bailie, at the Time Libelled, and 4 tho5 he minded not the State of the Question, 4 he going in and out from them* aud that he 4 heard Mr. Dugud say, He knew no Money the 4 Devil had. And that Christian Bailie depones, 4 That at the same Time and Place, she heard 4 Mr. Dugud, in Company with Mr. Campbell, 4 say, He would take Money from the Devil, and 4 that he would command the Devil ^ and spoke, 4 as the thought, like a Distracted Man. And 4 that - Mr. Archibald Campbell depones, That being 4 Christian Bailie, and others, Mr. Dugud bad 4 that Expression, He would take Money from the 4 Devil, and endeavoured to maintain the Lawfulness 4 Campbell and him, whereupon Christian Dury, s Daughter �(65) € Daughter to the Laird of Grange beg'd Mr. Dugud to \ of the said Libel, The Synod finds, That Mr, 6 Dugud was Licentiate by the Presbytery of Kirkcaldy, on th 4 Depositions of the Laird ofNaughton,Mr. Adair, 4 Alexander Norry, Henry Michel, andJAMESKinsman,That the 4 end of August that Year. They farther find, 4 That Mr. David Petcairn and Mr. Henry Dall, 4 depone, That Mr. Dugud asserted before the 4 Assembly's Committee of Bills, the Time and Place 4 specified in the Libel, That his being at the 4 Highland Hunting, or at Dunkeld, was prior to ^ his being Licensed. As to the Second Part of 4 this Article they find, Mr. Dall depones, he 4 heard Mr. Dugud say before the Synod at Dimfermline, The whole 4 for him, in that Competition of Calls betwixt c Mr. Erskin and him, except Seven or Eight Persons* and that, no 4 Calls were returned to the Presbytery, he knew 4 there were Fifteen for each. Mr. John Affleck 4 depones, Mr. Dugud said before the Synod, all who had Right to Call were for him except c Seven or Eight Persons, and that the said Mr. 4 Affleck contradicted him in the mean time, 4 telling him there were Fifteen on each Side: 4 Which the said Mr. Affleck knew, havingModeatinhecal.AndMyJohDrsdailepn dm.Astohefitarcl,hesynodfi,thaJmesBrydpon,thaE\ Summer �(66) 4 c c 4 4 c Summer two Years by-gone, he heard Mr. Bowl, or the Jack, Swore either by God or the Devil ^ but he cannot be positive which of the two Words he used. And that Captain depones, he heard Mr. Brymar, at the same Time s a y , in the Bowling-Green, after the Dugud Jeffrey * Captain Jeffery had play'd up his Bowl, which 4 struck upon some of the Rest, what are you 4 Swearing? Upon which the Captain asked, 4 who is that Swearing > And that the said James c Brymar answered, it is the Minister $ and that 4 the words were by God it is my Bowl: And the c said Captain remembers of no other Minister, or * Probationer on the Green, at that Time, except 4 the said Mr. Dugud. As to the Sixth A 4 The Synod finds, that William Adam depones, 4 That being in Company with Mr. Dugud, Glasmont, and 4 House in Lucktown, they continued together till 4 about Nine of the Clock that Night, and the 4 William Adam having said, It is Time for us all c to go Homeland particularly for you Mr. Dugud. 4 Mr. Dugud answered to this Purpose, Sutors and 4 Taylors counted Hours, but he inclined to be 4 merry with the Company. The Synod further^ 4 finds, by Inspecting the Depositions, (i mo J 4 That Bailie Thallan depones, That he hath 4 seen Mr. Dugud several Times Drunk, and particularly o 4 Grange, Dury, and Bailie Anderson came over to 4 intimate Mr. Dugud*s Presentation to the Presbytery 4 the said Bailie Thallan An the House of George 4 Wilson �4 Twelve o'clock at Night, Mr. Dugud kissed him several Times, and the said Bailie Thallan 4 thrust him from him, saying, I amashamedof 4 you, Man. (2do,) That Christian Bailie depones, * That upon a Sabbath-Night, in the Laird of 4 Grange his House, after that SabbathwhereuponM c the Devil, while the said Christian was lying in c Bed with one of Grange's Daughters, in the 4 Room above where Mr. Dugud lay, he over hea 4 saying, to which Christian Bailie said, We are 4 Speaking about the Subject of your Lecture, 4 and what you said concerning Purgatory, upon V 4 which The distinctly heard Mr. Dugud cry out, 4 and say, Good Sooth, i'll say as a Lady said, 4 Hell and Purgatory are both a feft, and God 4 was never fo unjust as to make a Hell after this 4 Life, for they that suffer in this Life Suffer 4 Hell enough. (%tio.) Alexander Veitch depones, That upon one o 4 Synod sat last at Dunfermline, he being in Company with Mr. 4 Jests had passed, one said, I fancy the Reverend Club will n 4 which Mr. Dugud answered, No, they have not 4 the Souls to be so hearty. By all which, its 4 unquestionably evident, that he was guilty of 4 gross Drunkenness the 22d of March, 1 7 1 0 , being the Nigh 4 And also that he was Drunk on Sabbath, 24th I of May last, at Pitteuchar, and Paddock hall, after 4 E 2 he �€ he had Preached in Burntisland that Day, and that he had a most scandalous and unse £ Carriage towards Anna Fairholm, Servitrix to 4 Mrs. Mason at Leith, in pressing her to sit down 4 upon his BED-SIDE. As also that he was grossly 4 guilty of Lying and Prevaricating, in the Bill 6 drawn by Mr. ThomasRussel^ and in Saying c before the Assembly's Committee of Bills, that 4 the Highland Hunting, on Occasion whereof 4 he was at Blair of Athol and Dunkeld, was 4 prior to his being Licensed by the Presbytery of 4 Kirkcaldy? and in Saying before the Synod at 4 Dunfermline, all the Paroch of Burntisland were 4 for him in the Competition of Calls betwixt 4 him and Mr. Erskine, except Seven or Eight 4 Persons. As also that he said in Grange Dury 4 his House on aSABBATH-DAY,He would take € Money from the Devil $ and that he endeavoured 4 Likewise the Synod finds, he is guilty of a 4 Degree of Contumacy to the Judicatories of 4 this Church, in Preaching at Burntisland, not 4 only without the Appointment of any Church 4 Judicatory, but also after the General Assembly had decla 4 and their Sentence was intimate by all the ^ 4 Ministers of the Presbytery of Kirkcaldy from c their respective Pulpits-, yea, and after the 4 first Committee aforesaid had Libelled him 4 upon this very Account. And that he did, 4 with great Insolence and Injustice, appeal from 4 the highest Judicatories of this Church to Queen 4 and Parliament, in a matter purely Ecclesiastic, I and Adhering to this, hath given in his 4 �(69) 4 declinatorsto the foresaid Committee of this Synod and t their Proceeding to take Trial of his Scandals, 4 whereupon he was Libelled, notwithstanding 4 of his Receiving the Libels, and Promising to 4 give in his Answers thereto. A l l whichContumacystandsmostdeeply ag 4 after the most solemn manner, he engaged himself by Promise and S 4 Licensed as above: Moreover the Synod does 4 also judge there are many strong Presumptions, 4 if not Probations, of some other Articles above 4 mentioned by the foresaid Depositions * yea, all 4 of them are the more considerable in that they 4 speak a Tract and continual Course in those 4 Scandals and horrid practices as are above4 marked, clearly proven and aggravated, by his 4 once bearing the Character of a Preacher of the 4 Gospel. Whereupon the Synod did, and hereby do u 4 the said Mr. William Dugud worthy of the dreadful Sentence of the h 4 But to shew their Tenderness to him, and their 4 earnest Desire to reclaim him, if possible, they 4 think fit to defer the Passing of the said Sentence to the next Syn 4 St. Andrews, on the first Tuesday of April next: 4 That they may pass the same in what method 4 they judge best In the mean Time, they appoint this the 4 from all the Pulpits within the Presbytery of 4 Kirkcaldy on Sabbath first, and from all the 4 other Pulpits within the Bounds of the said 4 Synod, on Sabbath come a Fourteen Days' 4 being �( 70 ) «• being the Twenty First Instant. And that solemn Warning be the * Mr. William Dugud to Repent, and Submit himself with 1 Certification as above Extracted by, Sic Subscribitur, 4 • George Gellespie Clerk. W e need not enlarge in making Remarks upon this Mans Case, we leave it to any who have any Regard to the Glory of the ever Blessed Jehovah, Father Son and Holy Ghost, the Honour of Religion, the Credit and Success whether the Judicatories of the Church of. Scotland be at all Culpable, for refusing to commit the Care of Souls to such a Man as Mr. Dugud: And whether those who suppor they ought to have. It is most certain, a L e w d and Profligate Ministry, Church, so it is what the Church of Scotland is most apprehensive as possible. It is to the Corrupt Principles and Profligate Lives and Practices of churchmen, that we owe (in a great measure) the great Decay of Religion in this Island, and elsewhere. It's to a Prophane, Irreligious, and Scandalous Clergy, that we owe mostof these Grievous Offences, that have brought a Woe upon the World, Mat.18. 7. When Men that minister in sacred things,and should be exemplary to the Piety, Truth, Holiness, and Sobriety, and all manner of Conversatio they Say, Promise or S w e a r : Its no wonder if weak Christians Stumb their ungodly Courses, and Encourage many to follow their V Pernicious Ways to their own Destruction. It's just every way, that the Woe Denounced, Luke, 1 7 - 1 , 2 . Should fall up on such, since they, above all other, have made the way of Truth to be evil spoken of: And opened the Mouths of the Enemies of the Lord to Blaspheme, such as the atheists Libertines, Deists, and Infidels, who deny Christianity, plain, from what is above related, First, That how Solicitous forever M r . might �(71) might not be prejudged.; he was Conscious to himself of being h i m ; And fully Sensible that a Judicial Inquiry into them, would be so far from clearing him of those Immoralities, wherewith he was Charged by Flagrant Report, that i t would fix them upon him by a Legal Probation. And that he had nothing of W e i g h t , to object against the Witnesses produced against him. For First, when t w o Libels were given him by the Committee, he insisted to have aSubscribingAccuser.Second Judicial Trial, pretending it w a s Res Hactenus Judicata though there had been no Judicial Trial of the Scandal laid to his Charge, either by the General assembly 9 or any other Judicatories of this Church. T h e Presbytery of Kirkcaldy had rested in an overly Extrajudicial Inquiry, contrary to the Established O d e r of this Church, and gave him a Testimonial, for which they were Censured as they w e l l deserved. But there were other Scandals alleged against him, which the Assembly had not heard off, when they made that Reference about him he so much speaks of Thirdly, When he° saw the Committee going to lead Witnesses, and t Witnesses were cited before the Committee, he did not desire Liberty to be present when they Deponed, or to propone Objections o f Edinburgh hearing he w a s in T o w n , cited h i m before them, and sent him a List of the witnesses that he might hear them Depone, and that he might offer his Objections against them if he had a n y ; M r . Dugud sent a Declinature to the Presbytery, in w h i c h he told them, T h a t as he had declined the Synod of Fife and Her Committee, so he de protested that they could not take any Depositions of witnesses againf tho' some may Support him in his Insolence, contrary to the Precepts of the Gospel, and the Rules of any Constituted Church among and he appears in his o w n Colours, w e are Hopeful no Sober People w i l l o w n him, nor any that have a Love to the Gospel of Christ. W e are sure no Party can have any �( 72 ) any Credit by supporting such (who seems to have W e have Reason to Suspect him a Tool of the Jacohites, for it's deponed, that when our Queen was at War with France, he Drunk a Health to the Duke of Berry, and a French General, and one he called the best Blood in Europe-, and this perhaps is the Reason which lead some People to be so Fond of him, 3rdly, We would not be thought uncharitable, but there is too good Ground to suspect him Corrupted w i t h Libertine Principles, and the Leaven of these Wretched Infidels who deny all Revealed Religion, feeing a Gentlewoman Depones she heard him say, Distinctly, on a Sabbath Night after he had Preached, That Hell was a test, and that God was never so unjust as to make a Hell after this Life. Whatever Encouragement therefore this Man may procure from some, who omit no Opportunity of giving Trouble to the Church of Scotland (which has as good Right to a Protection, and the Maintenance of Her Right and Privileges, as any National Church on Earth: If any Regard be had to the Faith of Nations, and the Faith of solemn Treaties) yet it is Hoped he shall have no Countenance from Her Majesty> or from the Parliament* F I N I S . abandoned � https://scottishchapbooks.lib.uoguelph.ca/files/original/0187d198b59b0d3a04e27c90e01a7ba3.jpg 17875de5c707af8728e1d2bea70650eb Omeka Image File The metadata element set that was included in the `files_images` table in previous versions of Omeka. These elements are common to all image files. Bit Depth 8 Channels 3 Height 3834 Width 2300 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Vindication of the Church of Scotland, from the Malicious and Groundless Aspersions of Mr William Dugud. With an introductory epistle in defence of the Church of Scotland, from the charge of Persecution : And the behaviour of the dissenters in England. Date A point or period of time associated with an event in the lifecycle of the resource 1714 Identifier An unambiguous reference to the resource within a given context <a href="https://ocul-gue.primo.exlibrisgroup.com/permalink/01OCUL_GUE/mrqn4e/alma9934168063505154">s0585b08</a> Extent The size or duration of the resource. 72 pages Contributor An entity responsible for making contributions to the resource Archival and Special Collections, University of Guelph Library, Guelph, Ontario, Canada Is Referenced By A related resource that references, cites, or otherwise points to the described resource. ESTC#&nbsp;<span>T113085</span> <a title="National Library of Scotland" href="http://www.nls.uk/">National Library of Scotland&nbsp;</a> Rights Information about rights held in and over the resource In the public domain; For high quality reproductions, contact Archival & Special Collections, University of Guelph. libaspc@uoguelph.ca, 519-824-4120, Ext. 53413 Format The file format, physical medium, or dimensions of the resource JPEGs and PDF derived from master file, which was scanned from the original book in 24-bit color at 600 dpi in TIFF format using an Epson Expression 10000XL scanner. Source A related resource from which the described resource is derived Archival & Special Collections, University of Guelph Library, Guelph, Ontario Type The nature or genre of the resource religion Publisher An entity responsible for making the resource available London: A. Bell Subject The topic of the resource Chapbooks - England - London # of Woodcuts: 0 Chapbook Date: 1711-1720 Chapbook Genre: religion & morals Chapbook Publisher - London: A. Bell