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from giving any marked adherence to either party. In the Province of Murray, however, the Synod met on the 13th of November, 1651, and by a large majority approved of the meeting and acts of the last Assembly. But five ministers, Messrs. John Brodie of Aulderne, Joseph Brodie of Forres, William Fraser of Inverness, James Park of Urquhart, and Patrick Glass of Edinkylie, along with three Elders, Sir Robert Gordon of Gordonston, Alexander Brodie of Brodie, and Hugh Campbell of Auchindune, united in protesting against this determination, on the ground that the Assembly was not free or regular in the election of its members, and that several of its Acts were contrary to the Covenants and the Engagement. The Protesters adopted the mode of always calling it the (pretended) Assembly. At the time, the Synod of Murray promised to treat those protesting members with all brotherly love and forbearance; but after the Restoration, the Synod, in October, 1660, misled by the expectations which the King seemed to hold out, of recognizing the authority of that Assembly, reverted to their former proceedings, and while they sharply rebuked Glass, the only surviving minister, and obliged him to sign a recantation, they deposed, in absence, the three Elders who had approved of the protest alluded to, one of whom, as already mentioned, was the Laird of Brodie. This was the more singular, inasmuch as he, in his peaceable disposition, had shown himself more inclined to adhere to the moderate party known as Resolutioners, than to those more zealous and fiery brethren the Protesters. This appears rather from casual passages" in his Diary, than from his taking any prominent part in their proceedings. In June, 1652, he writes, “There is no end or measure of our dissensions and differences; our darkness is increasing, and we are all in danger to be scattered one from another: therefore to seek that the Lord would return and cause his face to shine upon us.” Again, on the 27th of May, 1653, he mentions that, having accompanied Robert Blair and James Durham to a meeting with some of the Protesters in Warriston's chamber,
* Shaw's History of the Province of Moray, p. 370.
he exhorted the latter to “ways of peace and union.” In the conversation that ensued, Warriston said, “that the Neutrals were as far wrong as any of them; and therefore exhorted us to consider.” Warriston also said to him, “I would either come a step nearer them, or step further from them to defection.” A few days later (3rd of June) he records an interesting conference he had with Samuel Rutherford and Sir John Chiesley, who were sent to him “from the Brethren of the Protestation” for the purpose of prevailing on him to join their party; Rutherford saying, “They were come to lay claim to me in the Lord's name, and desired me to appear for the way wherein the Lord had led us and blest us for many years.” But they were unsuccessful in this attempt. Brodie acknowledged he was dissatisfied with the bulk of public proceedings—that his heart was with them (the Protesters), and should be loath to be upon a contrary side, but he added, “I must wait.” At a much later period, in November, 1676, when all the leading men of the party were off the stage, Brodie says, “I did reflect on all those gracious men whom I had known, Warriston, Alexander Jaffray, Mr. James Guthrie, Mr. Samuel Rutherford, and was ready to stumble not at their suffering, had it been clearly and for pure truth, but infirmities, darkness.” At this time, Brodie reckons among his trials and temptations “the sinful inclinations of his heart to the English employments,” and on the 23rd of May, 1653, he says, “I have resolved and determined, in the Lord's strength, to eschew and avoid employment under Cromwell: I say, it is in the Lord's strength”—being fully aware of his “own unstedfastness.” A month later, on the 17th of June, he “got Oliver Cromwell's letter, or rather a citation and summons to come to London.” This, which indicates the esteem in which he was held as a public man, was reckoned by him as his last and greatest temptation, and he tells us, he communicated it to several of his friends, and desired them “to set themselves apart for solemn seeking of the Lord in his behalf. . . . and to deal with the Lord that this citation may not be a snare to him, but that he might be led out of the temptation.” It would appear that the immediate object of this citation was to act as one of the Commissioners of Scotland to treat respecting a project which commended itself to the Protector, for an incorporating Union of the two Nations. But this journey to London—a snare which caused him so much uneasiness—he evaded, from a strong aversion to the Protector's government, although pressed to undertake it by Provost Jaffray and other friends. The project itself, it is well known, proved abortive at the time, as half a century had to elapse before it could be accomplished, and a still longer period before its advantages were generally felt and acknowledged. The Laird of Brodie, however, continued to be urged again to accept office as one of the Judges. At length he says, “after much resistance and reluctancy, I took that place upon me, in January, 1658. Let the Lord turn it to His glory, mine, and His people's good " He again took his seat on the bench as Lord Brodie, on the 3rd of December, 1658. But his judicial labours were doomed once more to be of short continuance, as upon the Restoration of Charles the Second, the former constitution of the Court was restored, Lord Brodie and the English Judges were superseded, and other Lords of Session appointed on the 1st of June, 1661. James Brodie, his only son, was married to Lady Mary Ker, a younger daughter of William, Earl of Lothian, on the 28th of July, 1659; and in his Diary, the Laird records that three days later “she did subscribe her Covenant to and with God,” an obligation to which she appears to have faithfully adhered, in declining all compliance with the prelatic ministers, when a dark cloud hung over our national Church. The MARQUESs of LOTHIAN having kindly permitted a search among the papers at Newbattle for any letters connected with the Brodie family, not many were found, and these of no special interest, if we except the two which are here printed. The first refers to the mutual obligations incurred in Holland on behalf of the King. The other may also be assigned to the year 1659, after a visit from the Earl, when the young married couple had first taken up their residence at Brodie House:—
“My Noble Lord-I forgott soe much as to mention that long lasting buisiness off our Holland negotiation, wherein your Lordship and the rest of us ar ingadged, and as yet not extricated. 1. Albeit the great Band be retird, yet ther is one of the doubls not deliverd to us as yet. 2. There is a band off 4300 lb. yet lying over our head, and noe diligenc don for geting payment, which unavoidabli will light upon us. 3. Albeit at your desir we payd Mrs. Bunch, yet the other doubl of that band is not retird, and Mrs. Bunch her discharg is a slender warrand, being clothed with a husband who may disclaim her deed. 4. What shall be don for collecting in what remains of that money; and if we shall comitt it to Sir Jhon Smyth, he releeving our bond of 4300 lb. from the factours, and paying Geo. Campbell one of the aresters and giving us casujtion for the superplus to mak it forthcoming whenever it shall be cald for. 5. The compts would be adjusted. Thes and other things of this nature deserve our mature deliberation. Therfor not being able to wait on your Lordship at present I have sent my sone to kiss your hand and to know your pleasur and advise in all thes particulars. My stay in this place will be verie short, and if ani thing may be don in them before my return, I shall be readie to attend your Lordship, and to reaceave what commands you shall lay upon, your Lordship's verie affectionat and most humble servant. A. BRodle.
“29 June, 1659.”
Addressed on the back: “For my noble Lord, The Earle of Lothian. Thes.”
My Noble Lond-I long to heare off your [safe arrival, and that] you have weil overcom the [fatigues of so] painfull and toilsom a journaye. I cannot but with thankfulnes acknowledg thes kindlie expressions off respect and affection which you signified to me from Pitoulie; which, albeit farr above my deserving yet verie suitable to your native goodnes and generositie.
That living pledg off our mutual affection which you left heer, is to me off all persons in the world the most acceptable, as being the instrument by whom I may reaceave my greatest comfort in a present world; neither will your Lordship nor herself measur my desir off her good by what portion I have in the world, or may be able to conferr. But if som grains of willingnes may be admitted to com in the balanc, it is noe vanitie (if I should say) I com short of none; having my hart noe less inlargd for her weilbeing then it is for my own.
I leave it to your Daughter to give your Lordship and my Ladie and other freinds a farther account of this place where we ar fallen together, and of her satisfaction in it, and in us. Whatever it be, it is her oun without anie competition. This propertie alone, in a verie lowe condition, has (to moderat and sober spirits) affoorded more contentment (throgh God's good will and blessing) than large dominions have been able to doe.
One thing cannot be remedied in our common lot, That we can be off noe more use to your Lordship, and if by all our pains and endeavour this could be made up, that myself or this poor familie, or anie having interest in us, could be servicable to your Lordship, or anie of yours, it should add greatlie both to ther and my happiness. Least I should seim larger in my professions than your Lordship's ingenuitie or my inclination will weil allow, I shall forbear to inlarge upon this subject. Whylst I can extend my self noe further I shall joy in your prosperitie and weilfare, and to hear of the good of your familie, and when your Lordship shall esteim that my service may be of anie further use you will not more willinglie injoyn than I shall obey anie command wherwith you shall honour your Lordship's most faithfull and most humble servant,
Brodie 27 October. A. BRODIE.
Addressed on the Back: “For my noble Lord, The Earle of Lothian at Newbotle. Thes.”
The Restoration of Charles the Second was hailed with an enthusiasm which ought to have secured both peace and prosperity to the country. But the Royalists, when firmly established, showed no want of desire to retaliate the harsh proceedings of the Presbyterian party during the time of the Commonwealth. When the Parliament of Scotland met on the 1st of January, 1661, occasion was taken by the Earls of Cassillis and Lothian, Brodie, Smith, and Jaffray, the surviving Commissioners to Holland and Breda in 1649 and 1650, to present a petition, stating that they had by public authority engaged their own credit in borrowing certain sums of money “for defraying his Majesties expenses from Holland, and other his Majesties necessar affairs,” and praying for relief from these obligations. This petition was favourably received; and on the 4th of July that year, there was passed an “Act anent the Accompts of the Moneths maintanence imposed for defraying his Majesties expenses from Holland, &c.”
The Scottish Parliament having adjourned on the 12th of July, 1661, the Laird of Brodie, in compliance with the advice of some of his political friends, resolved to visit London. His object seems to have been more on behalf of others than for himself, in the hope of obtaining from the King an exemption from certain fines either imposed or threatened. This journey he
* Acts Parl. Scot, vol. vii. p. 292.