appointed and commissioned by the Privy Council at a meeting held at Edinburgh, on the 30 December, 1684, "to prosecute all persons guilty of Church disorders and other crimes in all the bounds betwixt Spey and Ness, including Strathspey and Abernethie, and their first meeting to be at Elgin, the 22 of January following." Brodie was then fined for his nonconformity in the sum of £2000 Sterling, or £24,000 Scots. "The world," he says, "has been my idol, and the love of it, and covetousness the root of much evil, and the Lord justlie may punish in this."

The report of these Commissioners is given by Wodrow in his History;a but the entire Minutes of the proceedings, with the several Depositions of the persons accused of nonconformity, which Wodrow had not seen, are preserved in Her Majesty's General Register House, among the unbound papers of the proceedings of the Privy Council.

But Wodrow in his account of these proceedings, has subjoined some further particulars, which, he says, were furnished to him by "a worthy gentleman in Murray, upon whom the Reader may depend for the truth of it;" part of which may be quoted :

The Members of the Criminal Court which sat at Elgin of Murray, in the beginning of the 1685, were the Earls of Errol and Kintore, with Sir George Monro, commonly called Major-general. As soon as the Commissioners came to town, they caused erect a new gallows ad terrorem. Most of the presbyterians in this country were summoned before them, tho' they had no crimes to charge them with but absence from the kirk, and being at Conventicles; none here having been at Bothwel, or in any thing termed rebellion.

They fined the Laird of Brody, this Brody's Grandfather, in Forty-five thousand Merks, merely upon his having a Conventicle in his house. That gentleman went to London to get, if possible, some reasonable composition made for this fine: after much pains and expence he was forced to give bond for Twenty-two thousand Merks to one Colonel Maxwel, a papist, to whom that sum was paid, and the Colonel's acknowledgment of it is yet among the papers of that family.

Alexander Brody of Lethen in Forty thousand pounds, and a fifth part more in case it were not paid in a year. All they had against him was, that he would not depone he had not heard a presbyterian minister preach. His fine was gifted to the Scots Popish

B

History of the Sufferings, folio edit.,

vol. ii, p. 464; 8vo. edit., vol. iv., p. 92.

Ib., folio edit., vol. ii., p. 466; 8vo. edit., vol. iv., p. 195.

College at Doway; and an adjudication was led against his estate, which yet stands in the Register of Adjudications. A composition was made, and a great sum paid to the Earl of Perth; and this Lethen yet hath the Earl's receipt, if I remember, for Thirty thousand pounds, which he hath promised me to send to you, if needful."

From the original Minutes, which supply a variety of information relating to nonconformity in Morayshire, we learn that Brodie and his wife appeared before the Court on the 3rd of February. The following is the registered record of their examination :

Elgin, 3 February, 1685.

-In presence of the Earls of Errol, Kintore, and Sir George Monro. LADY MARY KER, Lady Brodie, being examined upon the libel, declares, she abstained from the Church till September last, and that Mr. Alexander Dunbar was a servant in their family, and has prayed and read the Scriptures there, when the Laird of Brodie has been from home: Depones, he was a servant to the Lord Brodie, and was recommended by him to the Laird, and that the Laird uses to exercise in his own family himself when at home: Depones, she has had no children baptized irregularly, since the Indemnity, nor been at, nor heard Conventicles, nor entertained any vagrant preachers since that time.

5 February, 1685.

The Lady Brodie, being examined upon oath, depones to the truth of the above written declaration in all points.

MARIE KER.

3 February, 1685.

JAMES BRODIE of that Ilk, being solemnly sworn upon the libel, depones, that since the year 1679, he did not keep his parish church in Murray, but within thir two years. But he was seventeen or eighteen months at Edinburgh, and there he kept the kirk orderly: Depones, when he was in Murray he was tied to the attendance of his dying father, who was sick a long time, and died about the end of the year 1680: Depones, Mr. Alexander Dunbar was his father's servant, and was recommended to him by his father, and that when he was from home, Mr. Alexander Dunbar went about family worship, but he himself always used family worship in his own family when at home: Depones, he was acquaint with Mr. Robert Martin, and saw him at Edinburgh about two years ago, and never conversed nor corresponded with him since, either by word or writ; only two year and a half since he wrote to him from Edinburgh, desiring he might intercede with a kinsman of his to forbear the using diligence against him for a sum of money he was

resting to him; Depones, he has not had a child since the Indemnity: Depones negative, as to plotting, contributing money, corresponding with or favouring rebels, hearing and concealing treason, and also as to all the other heads and articles of the libel: And this is the truth, as he shall answer to God.

JAS. BRODIE.

It would be out of place to extract any other depositions from this document, although it records the examination of some of Brodie's friends, and the punishment that was inflicted upon them "for their own and their wives delinquencies, irregularities, and disorders ;" but the result of these tyrannical proceedings in regard to the fines which were imposed on the Brodie family, may be quoted as possessed of some local or family interest.

11 February, 1685.

EARLS OF ERROL, KINTORE, AND SIR GEORGE MONROE.

The Lords of the Committee of His Majesty's Privy Council, in regard the Lady Grant, confesses two years and a-half with drawing from ordinances, having and keeping an unlicensed chaplain, hearing outed ministers preach several times, and that the Laird of Grant confesses the keeping of the said unlicensed minister in his family, and hearing an outed minister preach once, and pray several times,-They therefore fine and amerciate the Laird of Grant for his own and his Lady's delinquencies, irregularities, and disorders, in the sum of lbs. 42,500 Scots money.

And, likewise, having considered the depositions of Alexander Brodie of Lethen, whereby he confesses nine house conventicles, and two years and more withdrawing, and entertaining vagrant preachers,―They therefore fine and amerciate him in the sum of lbs. 40,000 Scots money.

And, also, having considered the depositions of the Laird of Brodie, whereby he confesses half a year's withdrawing, and the keeping an unlicensed chaplain, and the Lady Brodie's deposition, whereby she confesses three years' withdrawing, and more, after old Brodie's death, at which time they became heretors and masters of their oun family,— They therefore fine and amerciate him for his own and his Lady's delinquencies, disorders, and irregularities, in the sum of lbs. 24,000 Scots money.

The Lords having considered the deposition of Francis Brodie of Milntoun, whereby he confesses constant withdrawing from the ordinances since the Indemnity, except three Sabbath days, and several house conventicles,-They therefore fine and amerciate him in the sum of lbs. 10,000 Scots money.

The Lords having considered the deposition of Francis Brodie of Windiehills, whereby he confesses three house conventicles, and three years' withdrawing, and the deposition of Margaret Brodie, his wife, whereby she confesses withdrawing, and conventicles,

They therefore fine and amerciate the said Francis Brodie for his own and his wife's delinquencies, disorder, and irregularities in the sum of 5,000 merks Scots money.

The Lords having considered the deposition of Mr. James Brodie in Kinloss, and Anna Forret his spouse, whereby they confess hearing of conventicles, and in regard they were formerly fined, and are no heritors,-They fine the said Mr. James for his own and his wife's delinquences and disorders in the sum of 200 merks Scots money.

And ordains them to make payment of the said respective fines to his Majesty's Cash keeper betwixt and the first day of May next, to come under the penalty of being liable to a fifth part more than the said respective fines.

By the

It may be added, that David Brodie of Pitgounie was also severely fined, and imprisoned in Blackness for fourteen months; when the Privy Council in compliance with his petition, granted, March 30, 1686, order and warrant for his liberation "upon caution under the penalty of £5,000 pounds Sterling to compear before the Council when called." sentence of the same Court at Elgin, 4th of February, Mr. John Stewart, Mr. James Urquhart, Mr. Alexander Dunbar, and Mr. George Meldrum of Crombie, were banished his Majesty's dominions, and ordained "to be transported prisoners to the Tolbooth of Edinburgh, there to remain till occasion be had for their transportation." None however of these ministers were transported. Stewart and Dunbar were imprisoned on the Bass, and Urquhart and Meldrum in Blackness Castle, until the Revolution set all such persons at liberty.

James Brodie of Brodie died in March, 1708. His family consisting of nine daughters, the estate of Brodie devolved on his cousin-german George Brodie of Aslisk, who had morcover married the fifth daughter. We cannot conclude these notices more appropriately than by giving the following letter addressed by Brodie of Aslisk to his relation John Campbell of Calder, at the time of his father-in-law's death :

SIB,

Your servant brought yow the lamentable news of the death of your dear friend Brodie. God is humbling this familie. I wish we may learne to draw near to him, that our end may be also blest in the Lord as his was. Sir, it was amongst his last words to me that I might burie him with his Ladie on the same day, and it is the opinion

of his Children and other friends here to obey his commands; and I have sent this bearer to you to know if the carriage of your coach be entire to carie one of them, or if in two or three days you can make it so.

We have horse in abundance, but you would also informe us if you can lend us wheel harnesing for two horse. You will be pleased to give us ane distinct accompt of this, that we do not trust to your cariage and be disapoynted; and if Kilravock or you do not furnish us with a cariage, we will be necessitate to burie them separately.

You will show your sone Sir Archibald that he needs not come here to my Ladie's buriall untill he gett new advertisement. . . .

Brodie House, 5 March, 1708.
To the Laird of Calder.

Your affectionat coosing and most humble servant,
GEO. BRODIE."

From this letter we learn that Lady Mary Brodie had predeceased her husband only a few days, in mentioning the earnest desire he had expressed that they might be buried on one and the same day. As they died full of Christian faith and hope, it might truly be said of them that they "were lovely and pleasant in their lives; and in their death they were not divided.”

It only remains to add, that the Members of the SPALDING CLUB are under deep obligations to William Brodie of Brodie, Esq., to whom the Manuscript Diaries of his ancestor belong, for entrusting them in the Secretary's hands so long until it should be found convenient to have the present volume completed. It would have been very gratifying, had it been possible, to have given a portrait of the elder Brodie, as one of the remarkable men of his age. For this purpose, some years ago, Mr. Stuart, Secretary, accompanied by Mr. Cosmo Innes, visited Brodie House to examine the family portraits in the hope of discovering one of the writer of the Diary. In this they failed, and all subsequent inquiries have proved equally unsuccessful.

Edinburgh, 1862.

DAVID LAING.

The Book of the Thanes of Cawdor, Spalding Club, p. 406.

b 2 Sam. i. 23.

h