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Document : 604

Title: Complaint from James Stewart, Dancing Master, about Edward Kennedy, Student

Author(s): Anonymous

Answers for Edward Kennedy Student
in the College of Glasgow
To the petition and Complaint exhibited
against him by James Stuart Dancing
master
That your Wisdoms may be enabled to give a
proper decision in the prsent dispute, th
Respondent begs leave in the first place to prefer
a candid and impartial view of every fact
which may have any influence in the present
question, and last of all to make a few
obſervations upon the libel or Complaint
exhibited against him
That ſomeweeks ago the Respondent by accident
Step'd into the Room libelled where the Complainer,
as he ſays, was educating two Schollars
and teaching them manners. The Respondent
paid the ordinary dues to the door keeper, &
having gone into the room in a ſober manner
he found all in hurry, dispute and confuſion.
This he was informed was nothing elſe, but
what happens every day in the School, and
the Complainer cannot deny, that there was
even a [¿] betwixt him and a young
Gentleman whoſe name can be condeſcended
upon if requried before the respondent entered
the School. The Respondent sometime
after going into the School asked a young Lady

to dance with him. The young Lady having
conſented, he and ſhe took their place in a dance
as usual. Upon this Lieutenant Dalrymple
came up, and ſaid the Respondent ſhould not
dance with teh young Lady. The respondent
mae answer, that if the Lady was willing
to dance with him, he did not know what
right Mr Dalrymple had to quarrel him
upon that head. Dalrymple [¿] the
Reſpondent ſhould not dance with the Lady.
The Respondent insisted he should. The
Repondent fairly acknowledges, that upon this
a few blows were exchanged betwixt him &
Mr Dalrymple, however the scuffle was
ſoon over.
These are the facts which gave riſe to this
preſent Complaint, and the respondent is
informed that he was the only perſon who
was injured in this School, and that there
lies not only a competent action at his
inſtance against Mr Dalrymple for
quarrelling with and attacking him in the
manner above ſet [¿], but that there
also lies a competent action at his inſtance
against Mr Stuart himſelf for having
alowed any perſon whatever to attack the
respondent in his School. The respondent
begs leave to think he was acting entirely

in Character, willing to dance with a Lady
who had accepted of him as her partner;
And he also begs leave to think, that he
was fully entitled to object against any
perſon who pretended to ſtop him from dancing
with the lady. Had the Lady refused to
dance with him, or had the maſter
of the mob forbid his dancing with her,
and had the Respondent insisted upon it,
the Case would have been quite different
The Respondent again begs leave to
maintain, that he acted agreeably to the
principles of common ſense, to insist upon his
title to dance with the Lady against every
perſon who might oppoſe; And he again
ſays, that he is so properly founded not
only in a Criminal proceſs agt. Dalrymple
but also in an action against
Stuart himself. But on the other hand
no action whatever can lye at Stuarts
inſtance against the Reſpondent
Having thus fairly ſtated the facts,
and drawn concluſions which cannot be
called in question, the obſervations which
occur upon the libel, are extremely few
From what is above ſet [¿] it appears
evident, that the libel is void of foundation

The libel is alſo irrelevant upon the
principles of our law. Your Wisdoms well
know, that there is a Special Statute made
against perſons who ſet themſelves up as
teachers and inſtructors of youth, unleſs they
qualify themſelves as ſuch, by taking the
oath which the law requires. The respondent
ſays, that this profeſsor of manners acts
unwarrantably and illegally, in opening
what he calls a public school for the
instruction of youth, as he is not qualified
in terms of law. Hence this profeſsor
is not only liable in the penalties contained
in that Statute, but the Respondent insists
that he cannot in the Character of a profeſsor
of manners, be heard in any Court of
Juſtice
The Respondent is extremely ſorry that
he happened to ſtep into ſuch a rude and
uncivilized congregation, on Mr Stuart's
ſchool would ſeem to be, and he is
aſsured that upon proper application, the
Magistracy will order it to be ſhut up
altogether
May it therefore please your wiſdoms
to aſolve the Respondent from this
moſt groundleſs & illegal complaint
& [¿] the Complr in full coſts of Suit
Edward Kennedy
