At Edinburgh Lord Hailes lived some time in the Old Mint Close, foot of

Todrick’s Wynd; he next had a house in Society, Brown’s Square; and

latterly removed to New Street. His general residence was New Hailes,

Musselburgh, where he died of apoplexy, the result of sedentary habits,

on 29th November, 1792. Dr. “Jupiter” Carlyle, of Inveresk, who knew him

well, summed up his character in a funeral sermon, in which he drew a

glowing character of one of the most worthy of all the learned men of

his time.

High as his memory stands as a judge, Hailes is better known to the

world as a scholar and an author. His literary labours extend over a

period of thirty-nine years--from the date of his first publication in

1751 till that of his last in 1790. “Lord Hailes was in some respects

the very ideal of an historical inquirer. His mind was fair and

dispassionate, and he reasoned with excellent logic. You will seldom

find a mistake in fact or a conclusion not warranted by the premises in

Lord Hailes’ ‘Annals.’ He had some defects, too, and the greatest of

them is an unnecessary and repulsive dryness of narrative” (Cosmo Innes’

“Lectures on Scotch Legal Antiquities,” 1872, p. 8). His publications,

almost without exception, related to the early antiquities of

Christianity, or to the antiquities and history of Scotland, which

before his time had been critically examined by scarcely any writer. His

most important work is the “Annals of Scotland,” from Malcolm Canmore

to Robert I., issued in 1776, and continued in 1779 to the accession of

the House of Stuart. A complete catalogue of his numerous works will be

found in “Kay’s Portraits” (1877, vol. i., pp. 367-370).

* * * * *

SIR DAVID RAE, Baronet, Lord Eskgrove (1729-1804), son of the Reverend

David Rae, of St. Andrews, an Episcopalian clergyman, by his wife,

Agnes, daughter of Sir David Forbes of Newhall, was born in 1729. He was

educated at the Grammar School of Haddington, and at the University of

Edinburgh, where he attended the law lectures of Professor John Erskine

(1695-1768). He was admitted a member of the Faculty of Advocates on

11th December, 1751, and quickly acquired a considerable practice. When

the celebrated Douglas cause was before the Court he was appointed one

of the Commissioners for collecting evidence, and in that capacity

accompanied James Burnett (afterwards Lord Monboddo) and Francis Garden

(afterwards Lord Gardenstone) to France in September, 1764, for the

purpose of investigating the proceedings which had been carried on in

Paris relative to the case.

After thirty years of honourable and successful practice at the bar Rae

was, on the death of Alexander Boswell of Auchinleck, promoted to the

bench on 14th November, 1782, and assumed the title of Lord Eskgrove,

from the name of a small estate which he possessed near Inveresk. On

20th April, 1785, he was appointed a Lord of Justiciary, in succession

to Robert Bruce of Kennet. He was one of the judges before whom

Margarot, Skirving, and Gerald, the Reformers of 1793-4, were tried. He

also assisted at the trials of the Rev. Thomas Fysche Palmer for

sedition in 1793, and of Robert Watt and David Downie for high treason

in 1794.

On the death of Lord Braxfield, Eskgrove was promoted to be Lord

Justice-Clerk on 1st June, 1799, in which office he maintained the high

character he had earned while at the bar. Henry Cockburn says of him,

“Eskgrove was a very considerable lawyer; in mere knowledge probably

Braxfield’s superior. But he had nothing of Braxfield’s grasp or

reasoning, and in everything requiring force or soundness of head he was

a mere child compared with that practical Hercules” (“Memorials of his

Time,” 1856, p. 118). He was created a baronet on 27th June, 1804; died

at Eskgrove on 23rd October following, in the eightieth year of his age;

and was buried in Inveresk churchyard. He married, on 14th October,

1761, Margaret, daughter of John Stuart of Blairhall, Perthshire, by

whom he had two sons. Eskgrove resided for many years in No. 8 St. John

Street, Edinburgh.

“A more ludicrous personage,” says Cockburn, “could not exist. To be

able to give an anecdote of Eskgrove, with a proper imitation of his

voice and manner, was a sort of fortune in society. Scott in those days

was famous for this particularly. Yet never once did he do or say

anything which had the slightest claim to be remembered for any

intrinsic merit. The value of all his words and actions consisted in

their absurdity” (“Memorials,” pp. 118-119). In the trial of Glengarry

for murder in a duel, a lady of great beauty was called as a witness.

She came into Court veiled, but before administering the oath Eskgrove

gave her this exposition of her duty--“Young woman! you will now

consider yourself as in the presence of Almighty God and of this High

Court. Lift up your veil, throw off all modesty, and look me in the

face” (_ib._ p. 122). Cockburn also narrates that, having to condemn

certain prisoners who had broken into the house of Luss and assaulted

and robbed the inmates, Eskgrove first, as was his almost constant

practice, explained the nature of the various crimes, assault, robbery,

and hamesucken--of which last he gave them the etymology; he next

reminded them that they had attacked the house and the persons within

it, and robbed them, and then came to his climax--“All this you did, and

God preserve us! joost when they were sitten doon tae their denner!”

(_ib._ pp. 124-125). Cockburn tells many other anecdotes of him, too

numerous for quotation here; but it would be difficult to omit the

following:--On condemning a tailor to death for stabbing a soldier, the

learned judge aggravated the offence thus--“And not only did you murder

him, whereby he was bereaved of his life, but you did thrust, or push,

or pierce, or project, or propel, the lethal weapon through the

bellyband of his regimental breeches, which were His Majesty’s!” (_ib._

p. 122).

Lockhart states that, in Scott’s young days at the bar, he was counsel

for the appellant in a case before Eskgrove concerning a cow which his

client had sold as sound. In opening his case Scott stoutly maintained

the healthiness of the animal, which, he said, had merely a cough. “Stop

there,” quoth the judge; “I have had plenty healthy kye in my time, but

I never heard o’ ane o’ them coughin’. A coughin’ cow! that will never

do--sustain the Sheriff’s judgment, and decern!” (“Life of Scott,” 1839,

vol. i., p. 299).

A felicitous parody of Eskgrove’s judicial manner is contained in the

well-known “Advising” in the Diamond Beetle case (“Court of Session

Garland,” 1839, pp. 75-77). Notwithstanding, however, his many

eccentricities, he was a man of the highest integrity of character, and

“cunning in old Scots law.”

* * * * *

JOHN CAMPBELL, Lord Stonefield (died 1801), son of Archibald Campbell of

Stonefield, advocate, was admitted a member of the Faculty of Advocates

on 9th January, 1748. He was subsequently appointed Sheriff of Argyll,

an office which he long filled with the highest credit. On the death of

Charles Erskine of Tinwald he was elevated to the bench, and took his

seat, with the judicial title of Lord Stonefield, on 16th June, 1763. On

the resignation of Francis Garden of Gardenstone, he was also nominated

a Lord of Justiciary on 1st March, 1787. He resigned the latter

appointment in the year 1792, but retained his seat on the bench till

his death, which occurred at his residence in George Square, Edinburgh,

on the 19th of June, 1801, after having been for thirty-nine years a

judge of the Supreme Court.

It is somewhat remarkable that Stonefield and his two immediate

predecessors occupied the same seat on the bench for a period of ninety

years, Lord Royston having been appointed a judge in 1710, and Lord

Tinwald in 1744.

Stonefield resided at one time in Elphinston’s Court, and latterly at

No. 33 George Square, Edinburgh. Of his professional history no record

has been preserved. As a scholar his attainments were considerable, and

as a judge his decisions were marked by conciseness of expression and

soundness of judgment. He was a zealous and liberal supporter of every

scheme tending to promote the welfare and improvement of his native

country.

By his wife, Lady Grace Stuart, daughter of James, second Earl of Bute,

and sister of the Prime Minister, John (the third earl). Stonefield had

seven sons, all of whom predeceased him. The second of these was

Lieutenant-Colonel John Campbell, whose memorable defence of Mangalore,

from May, 1783, to January, 1784, arrested the victorious career of

Tippoo Sultan, and shed a lustre over the close of that calamitous war.

* * * * *

JOHN SWINTON, Lord Swinton (died 1799), son of John Swinton of Swinton,

Berwickshire, advocate, by his wife Mary, daughter of Samuel Semple,

minister of Liberton. He was admitted advocate on 20th December, 1743,

and appointed Sheriff-depute of Perthshire in June, 1754. In April,

1766, he became solicitor for renewal of leases of the Bishops’ tithes,

and solicitor and advocate to the Commissioners for Plantation of Kirks

in Scotland, in place of James Montgomery, promoted to be Lord Advocate.

He was elevated to the bench, with the title of Lord Swinton, on 21st

December, 1782, on the death of Alexander Lockhart of Covington, and, on

the promotion of Robert Macqueen of Braxfield in 1788, was also made a

Lord of Justiciary. He retained both appointments till his death.

He died at his residence, Dean House, Edinburgh, on 5th January, 1799.

Swinton married Margaret, daughter of John Mitchelson of Middleton, by

whom he had six sons and seven daughters.

Swinton was the author of the following works:--(1) “Abridgment of the

Public Statutes Relative to Scotland, &c., from the Union to the 27th of

George II.,” 2 vols., 1755; “to the 29th of George III.,” 3 vols.,

1788-90. (2) “Free Disquisition Concerning the Law of Entails in

Scotland,” 1765. (3) “Proposal for Uniformity of Weights and Measures in

Scotland,” 1779. (4) “Considerations Concerning a Proposal for Dividing

the Court of Session into Classes or Chambers, and for Limiting

Litigation in Small Causes, and for the Revival of Jury Trial in certain

Civil Actions,” 1789.

Lord Cockburn, in his “Memorials of his Time” (1856, pp. 112-113),

remarks--“These improvements have since taken place but they were mere

visions in his time, and his anticipation or them, in which, so far as I

ever heard, he had no associate, is very honourable to his

thoughtfulness and judgment.” Cockburn also observes of Swinton--“He was

a very excellent person; dull, mild, solid, and plodding; and in his

person large and heavy. It is only a subsequent age that has discovered

his having possessed a degree of sagacity for which he did not get

credit while he lived. Notwithstanding the utter dissimilarity of the

two men, there was a great friendship between him and Henry Erskine

which it is to the honour of Swinton’s ponderous placidity that

Erskine’s endless jokes upon him never disturbed.”

* * * * *

SIR ILAY CAMPBELL, Baronet, Lord Succoth (1734-1823), was born on 23rd

August, 1734. He was the eldest son of Archibald Campbell of Succoth,

W.S., by his wife, Helen, only daughter of John Wallace of Ellerslie,

Renfrewshire, and was admitted an advocate on 11th January, 1757. He

soon obtained an extensive practice at the bar, and was one of the

counsel for the appellant in the Douglas cause. During his last fifteen

years at the bar his practice had become so great that there was

scarcely any case of importance in which he was not engaged or

consulted. In 1783 he was appointed Solicitor-General, in succession to

Alexander Murray of Henderland, who was raised to the bench on 6th March

of that year, but upon the accession of the Coalition Ministry he was

dismissed, and Alexander Wight appointed in his place. Upon the fall of

the Ministry he succeeded the Hon. Henry Erskine as Lord Advocate, and

in the month of April, 1784, was elected to represent the Glasgow

District of Burghs in Parliament, where he took an active share in all

the important transactions of the time. The University of Glasgow

conferred on him the degree of Doctor of Laws in 1784, and from 1790 to

1801 he held the office of Lord Rector.

After acting as Lord Advocate for nearly six years, on 14th November,

1789, Campbell was appointed President of the Court of Session on the

death of Sir Thomas Miller, Bart., and assumed the judicial title of

Lord Succoth. He was placed at the head of the Commission of Oyer and

Terminer, issued in the year 1794, for the trial of those accused of

high treason in Scotland at that disturbed period, and was highly

commended by English lawyers for the manner in which he acquitted

himself in that capacity.

Campbell held the office of Lord President for nineteen years, and upon

his resignation was succeeded by Robert Blair of Avonton. He presided

for the last time on 11th July, 1808, being the final occasion on which

the old Court of Session, consisting of fifteen judges, sat together.

After the vacation, the Court sat for the first time in two Divisions.

On 17th September, in the same year, he was created a baronet. He died

on 28th March, 1823, in the eighty-ninth year of his age.

Campbell was an able lawyer, but without any great forensic gifts. His

written pleadings were models of perspicuity, force, and eloquence, but

his speeches though admirable in matter, were unattractive in delivery.

Cockburn says of him, “His voice was low and dull, his face sedate and

hard. Even when heaving internally with strong passion, externally he

was like a knot of wood” (“Memorials of his Time,” 1856, p. 127). He was

inferior to none of his brethren in depth of learning, and in private

life was highly esteemed.

After his retirement from the bench, Campbell presided over two

different Commissions appointed to inquire into the state of the Courts

of law in Scotland, which he conducted with his accustomed industry and

talent. He lived for many years in James’s Court, Edinburgh; but during

the later years or his life he chiefly resided at his paternal estate of

Garscube, Dumbartonshire, where he kept his active mind continually

engaged in various literary and agricultural pursuits.

Campbell was married to Susan Mary, daughter of Archibald Murray of

Cringletie, one of the Commissaries of Edinburgh, by whom he had six

daughters and two sons, one of whom only survived, viz., Sir Archibald

Campbell of Succoth, Bart., who was appointed one of the Senators of the

College of Justice on 17th May, 1809. He retired in 1825.

* * * * *

ROBERT DUNDAS of Arniston, Lord Chief Baron of the Court of Exchequer

(1758-1819), the eldest son of Robert Dundas of Arniston the younger

(1713-1787), Lord President of the Court of Session, was born on 6th

June, 1758. He was a nephew of the celebrated Henry Dundas, Viscount

Melville and Baron Dunira, whose daughter he afterwards married. He was

educated for the legal profession, and became a member of the Faculty of

Advocates on 3rd July, 1779, immediately after which he was appointed

Procurator for the Church of Scotland. On the promotion of Sir Ilay

Campbell to the office of Lord Advocate in April, 1784, Dundas, then a

very young man, succeeded him as Solicitor-General; and on the elevation

of the former to the bench as Lord President in November, 1789, the

latter was appointed to supply his place as Lord Advocate, being then

only in the thirty-first year of his age.

This office Dundas held for twelve years, during which time he sat in

Parliament as a member for the county of Edinburgh (1790-6). He

introduced into Parliament in 1793 a bill for defining and regulating

the powers of the Commission of Teinds; but, from the little countenance

extended towards it by the Ministry, and the strong opposition of the

landed proprietors, he was under the necessity of withdrawing the

measure.

Dundas conducted for the Crown, as Lord Advocate, the great prosecutions

for sedition at Edinburgh in 1793-4; and on the occasion of the riots in

connection with the Scottish Burghs Reform the windows of his house were

broken by a hostile mob (“Kay’s Portraits,” 1877, vol. i., pp. 374-5).

He acted as Dean of the Faculty of Advocates from 1796 to 1801; and, in

1799, was appointed Joint-Keeper of the General Register of Sasines for

Scotland.

On 1st June, 1801, Dundas was appointed Chief Baron of the Exchequer in

Scotland, on the resignation of Chief Baron Montgomery. He held this

office till within a short time of his death, which happened at Arniston

on 17th June, 1819, in the sixty-second year of his age. His town

residence was in St. John Street, Canongate.

The excellences which marked the character of Dundas were many, and all

of the most amiable and endearing kind. In manner he was mild and

affable, in disposition humane and generous, and in principle singularly

tolerant and liberal--qualities which gained him universal esteem. As

presiding judge of the Court of Exchequer, he on every occasion evinced

a desire to soften the rigour of the law when a legitimate opportunity

presented itself for so doing. If it appeared to him that an offender

had erred unknowingly or from inadvertence, he invariably interposed his

good offices to mitigate the sentence. “It was in his private life,

however,” says his biographer, “and within the circle of his own family

and friends, that the virtues of this excellent man were chiefly

conspicuous, and that his loss was most severely felt. Of him it may be

said he died leaving no good man his enemy, and attended with that

sincere regret which only those can hope for who have occupied the like

important stations and acquitted themselves as well.”

Dundas was one of the few individuals who were spoken favourably of by

the Rev. William Auriol Hay Drummond in his “Town Eclogue” (Edinburgh,

1804)--

“Let justice veil her venerable head,

When dulness sits aloft in robes of red!

Though with delight we upright Cockburn see,

With courteous Cullen, deep-read Woodhouselee;

In the Chief Baron’s bland, ingenuous face,

Read all the worth and talent of his race.”

Lord Cockburn, who knew him well, gives an interesting account of Dundas

in his “Memorials of his Time” (1856, pp. 156-159).

* * * * *

WILLIAM TAIT, advocate (died 1800), was the second son of Alexander

Tait, one of the principal Clerks of Session, who is referred to in

“The Court of Session Garland” (1839, p. 50). He was admitted to

Lincoln’s Inn on 4th June, 1777, and became a member of the Faculty of

Advocates on 19th February, 1780. He acted as Sheriff-depute of Stirling

and Clackmannan from 1790 to 1797, and was member of Parliament for the

Stirling District of Burghs from 3rd May, 1797, to 24th February, 1800.

He died at Exeter on 7th January, 1800.

* * * * *

JAMES WOLFE MURRAY, Lord Cringletie (1759-1836), was the second son of

Lieutenant-Colonel Alexander Murray of Cringletie, who had the honour to

command the Grenadiers at the sieges of Louisburg and Quebec, and who

died at Martinique in 1762. He was born on 5th January, 1719, and was

named after General Wolfe, whose godson he was. He became a member of

the Faculty of Advocates on 7th December, 1782, and was subsequently

appointed Judge-Admiral. He was elevated to the bench on the death of

Lord Meadowbank, and took his seat on 16th November, 1816, with the

judicial title of Lord Cringletie, which he assumed from the family

estate in Peeblesshire. He was also appointed one of the Commissioners

of the Jury Court on 12th November, 1825. He resigned his judicial

offices in 1834, and died on 29th May, 1836, in the seventy-eighth year

of his age.

Murray married, on 7th April, 1807, Isabella Katherine, only daughter of

James Charles Edward Stuart Strange, H.E.I.C.S., a godson of Prince

Charles Edward Stuart, by whom he had four sons and nine daughters. He

resided at one time in No. 17 Charlotte Square, Edinburgh.

References are made to Cringletie by Sir Walter Scott in his “Journal”

(1891, pp. 322, 546); and an entertaining _jeu d’esprit_ entitled “Notes

by Lord Cringletie of the Trial, Douglas _against_ Russell,” will be

found in “Appendix to the Court of Session Garland” (1839, pp. 7-14).

* * * * *

HENRY ERSKINE (1746-1817), second son of Henry David tenth Earl of

Buchan, by his wife, Agnes, daughter of Sir James Steuart of Goodtrees,

Bart., and brother of the celebrated Thomas Erskine, Lord Chancellor,

was born in South Gray’s Close, Edinburgh, on 1st November, 1746. After

receiving some preliminary instruction at St. Andrews, he matriculated

as a student of the United College of St. Salvator and St. Leonard on

20th February, 1760. In 1763 he proceeded to Glasgow University, and

subsequently went to Edinburgh University, where, in 1766, he attended

the classes of Professors Wallace, Hugh Blair, and Adam Ferguson. He was

admitted a member of the Faculty of Advocates on 20th February, 1768. He

had previously prepared himself for extempore speaking by attending the

Forum Debating Society established in Edinburgh, in which he gave

promise of that eminence as a pleader which he afterwards attained. His

brilliant talents soon placed him at the head of his profession; and his

legal services were as much at the command of the poor as of the

wealthy. It was said of him that “no poor man wanted a friend while

Harry Erskine lived.”

In August, 1783, Erskine was appointed Lord Advocate in the Coalition

Ministry, in succession to Henry Dundas (afterwards Lord Melville). He

held office only for a very short period in consequence of a sudden

change of Ministry in December, 1783. Anticipating this, Dundas offered,

on the day of his appointment, to lend him his own silk gown, suggesting

it was hardly worthwhile buying a new one; Erskine replied that no

doubt Dundas’s gown was made to fit any party, but that, however short

his term of office might be, he declined to put on the abandoned habits

of his predecessor. He was succeeded by Ilay Campbell (afterwards Lord

President of the Court of Session).

On 24th December, 1785, Dundas having resigned the post of Dean of the

Faculty of Advocates, Erskine was elected in his place by a decided

majority, in spite of the influence of the Government, which was exerted

against him. Lord Cockburn remarks, “His political opinions were those

of the Whigs; but a conspicuous and inflexible adherence to their creed

was combined with so much gentleness that it scarcely impaired his

popularity. Even the old judges, in spite of their abhorrence of his

party, smiled upon him; and the eyes of such juries as we then had, in

the management of which he was agreeably despotic, brightened as he

entered” (“Life of Lord Jeffrey,” 1852, vol. i., p. 93).

Erskine had been annually re-elected Dean of Faculty since 1785; but in

consequence of his having presided at a public meeting, held in

Edinburgh on 28th November, 1795, to petition against the war, his

political adversaries determined to oppose his re-election; and at the

meeting of the Faculty on 12th January, 1796, Robert Dundas of Arniston,

then Lord Advocate, was chosen Dean. Lord Cockburn, commenting on this

incident, observes--“This dismissal was perfectly natural at a time when

all intemperance was natural. But it was the Faculty of Advocates alone

that suffered. Erskine had long honoured his brethren by his character

and reputation, and certainly he lost nothing by being removed from the

official chair. It is to the honour of the society, however, that out of

161 who voted, there were 38 who stood true to justice, even in the

midst of such a scene” (“Life of Jeffrey,” vol. i., p. 94).

On the death of Lord Eskgrove in October, 1804, Erskine was offered the

office of Lord Clerk Register, but declined it, refusing to separate his

fortunes from those of his party. On the return of the Whigs to power in

1806 he once more became Lord Advocate, and was at the same time

returned member for the Dumfries District of Burghs. The downfall of the

Ministry in March, 1807, however, again deprived him of office, and the

dissolution in the following month put an end to his Parliamentary

career.

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