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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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