once sullied the garments of justice are effaced, and the old compend," Shew me the man and I'll shew you the law," is out of date. II. LINES ON SIR JAMES STEWART, LORD ADVOCATE. Sir James Stewart was very unpopular with the jacobite party who vented their spleen against him in lampoons. To them he was indebted for the soubriquet of Jamie Wylie.* He held the office of Lord Advocate, with the exception of one year, from 1692 until his death in 1713.† The beautiful estate of Goodtrees (commonly pronounced Gutters) and now called Moredun, in the Parish of Libberton, belonged to him. In the Scotish Pasquils will be found the following pithy lines upon Sir James, from a MS of old Robert Mylne. Sir James Stewart thoul't hing in a string, Sir James Stewart, knave and rogue thou art, For thou neer had a true heart to God or King, Sir James Stewart thoul't hing in a string. Quam formosa tua et facies tenebrosa Stewarte, PARAPHRASED. How wonderous are the features of thy face, Where smyles and frowns by turns assume their place. Speaks thy deep judgement and thy dangerous wit: Scotish Pasquils, Vol. 1. p. 78.-Edin. 1827, 12mo. †Transactions of the Antiquarian Society of Scotland, Vol. 1. p. 320.Edin. 1792, 4to. “think of the absolute power who observe, that men take "not ordinarily their measures according to the justice or "injustice of their suits, but their influence and interests "with the Lords, adhering to the old compend of the Scots "law, Shew me the man and I'll shew you the law? And, "finally, what shall be their opinion of it, who are concerned "in appeals already made from the Session, and in discuss ing whereof they expect redress? And certainly it is the "sentiment of the generality of the nation that there should "be appeals from the Lords of Session, if it should have no "other effect than to overawe them." Even so far down as the year 1737, traces of the ancient evil may be found. Thus, in some very curious letters which passed between William Foulis, Esq. of Woodhall, and his agent Thomas Gibson of Dury, there is evidence that private influence could even then be resorted to. The agent writes to his client, in reference to a pending lawsuit (23d November 1735): "I have spoke to "Strachan and several of the Lords, who are all surprised "Sir Francis Kinloch)* should stand that plea. By Lord * He died 2d March 1747. His grandfather was an Edinburgh Clothier, who acquiring considerable wealth, became Dean of Guild, and subsequently Lord Provost of Edinburgh. His great grandfather was a sexton, if we may give credit to a pasquinade entitled "a gentleman's turn to Jacob Kinloch, for call❝ing him a dunce in the Coffee-house, 1674," where it is said, "I wondered much who and what ye could be, "His grandsire was a sexton fairie elf, "He did augment by needle, thimble, shears, "Till pride that devill him threw, and did distill Through needle-eye, and made him Dean of Gild," &c. Sir Walter Scott used to tell an anecdote of one of the family who set up as a man of fashion, and who being present at a meeting of the freeholders of Had.. dington, took occasion to rally an old gentleman who was there upon the an St. Clair's advice, Mrs. Kinloch is to wait on Lady Cairnie "to-morrow, to cause her ask the favour of Lady St. Clair to "solicit Lady Betty Elphingston and Lady Dun. My Lord "promises to back his Lady, and to ply both their Lords, "also Leven and his cousin Murkle.* He is your good "friend, and wishes success; he is jealous Mrs. Mackie will "side with her cousin Beatie. St. Clair says, Leven † has "only once gone wrong upon his hand since he was a Lord of Session. Mrs. Kinloch has been with Miss Pringle, "Newhall. Young Doctor Pringle is a good agent there, "and discourses Lord Newhall ‡ strongly on the law of (6 nature," &c. Again, upon the 23d of January 1737, he writes,—“ I can 66 assure you that when Lord Primrose left this town, he "staid all that day with Lord J(ustice) C(lerk)§ and went "to Andrew Bromefield att night, and went off post next morning; and what made him despair of getting any thing "done was, that it has been so long delayed, after promising so frankly, when he knew the one could cause the other "trot to him like a penny-dog, when he pleased. But there's "another hinderance: I suspect much Penty has not been "in town as yett, and I fancy its by him the other must be managed. The Ld. J(ustice) C(lerk) is frank enough, but "the other two are damned clippies. I met with Bavelaw "and Mr. Wm. Tuesday last. I could not persuade the last go to a wine-house, so away we went to an aquavity 46 66 to 66 tique cut of his garments, remarking that he was very much delighted with their elegance and fashion, "deed my man, was the reply" so you ought, for they were made by your grandfather." 66 John Sinclair of Murkle, appointed a Lord of Session in 1733. † Alexander Leslie, Advocate, succeeded his nephew as fifth Earl of Leven, and fourth Earl of Melville in 1729. He was named a Lord of Session and took his seat on the bench on the eleventh of July 1734. He died 2d February 1754. Sir Walter Pringle of Newhall, raised to the bench in 1718. § Andrew Fletcher of Milton was appointed, on the resignation of James Erskine of Grange, Lord Justice-Clerk, and took his seat on the Bench 21st June 1735. Probably Gibson of Pentland. "house, where I told Mr. Wm. what had past, as I had "done before that to Bavelaw. They seemed to agree no"thing could be done just now, but to know why Lord "Drummore* dissuaded bringing in the plea last winter. "I have desired Lord Haining to speak, but only expect "his answer against Tuesday or Wednesday.”+ It is not our intention to pursue these remarks further, although we believe that judicial corruption continued long after the Union. We might adduce Lord President Forbes as a witness on this point, who, one of the most upright lawyers himself, did not take any pains to conceal his contempt for many of his brethren. A favourite toast of his is said to have been, -"here's to such of the judges, as do'nt deserve the gallows."+ Latterly, the complaint against the judges was not so much for corrupt dealing, with the view of enriching themselves or their "pet" lawyer, but for weak prejudices and feelings, which but ill accorded with the high office they filled. These abuses, the recapitulation of which may amuse and instruct, are now only matter of history,-the spots that *Hew Dalrymple of Drummore, appointed a Lord of Session in 1726. †The original letters are in possession of Sir James Foulis, Bart. of Woodhall. A story is told of one of the judges of the old school, which, if correct, indicates, that not quite a century since, there still did exist some of the old leaven, It is said that a law-suit had for some time depended between the Magistrates of a certain circuit town and some neighbouring proprietor, which had been brought to a termination unfavourable to the wishes of the former by the admirable management of one of the judges. This eminent person, who happened to be a justiciary judge, had occasion officially to visit the town in question, where he was received with becoming gratitude and attention by the gratified Magistrates. At a feast,—whether given by the judge or his clients we forget,-the Magistrates gravely thanked the learned Lord for his kind exertions, and trusted he would continue his patronage. My Lord smiled and bowed, and looked particularly amiable ;—presuming on his good nature and complacent demeanour, one of the number ventured to hint, that his Lordship's services might again be required, as they, emboldened by their former success, had commenced another new suit, and he was humbly requested to carry them through with that case also. "Na, na, I canna do that," exclaimed my Lord; "why?" exclaimed all the astonished Magistrates, amazed probably at what they conceived to be a most uncalled for scruple of conscience," because" rejoined the judge," you're too late, I've already gein my promise to the opposite party." once sullied the garments of justice are effaced, and the old compend," Shew me the man and I'll shew you the law," is out of date. II. LINES ON SIR JAMES STEWART, LORD ADVOCATE. Sir James Stewart was very unpopular with the jacobite party who vented their spleen against him in lampoons. To them he was indebted for the soubriquet of Jamie Wylie. He held the office of Lord Advocate, with the exception of one year, from 1692 until his death in 1713.† The beautiful estate of Goodtrees (commonly pronounced Gutters) and now called Moredun, in the Parish of Libberton, belonged to him. In the Scotish Pasquils will be found the following pithy lines upon Sir James, from a MS of old Robert Mylne. Sir James Stewart thoul't hing in a string, Sir James Stewart, knave and rogue thou art, For thou neer had a true heart to God or King, Sir James Stewart thoul't hing in a string. Quam formosa tua et facies tenebrosa Stewarte, PARAPHRASED. How wonderous are the features of thy face, Where smyles and frowns by turns assume their place. Scotish Pasquils, Vol. 1. p. 78.-Edin. 1827, 12mo. Transactions of the Antiquarian Society of Scotland, Vol. 1. p. 320.-Edin. 1792, 4to. |