charity which seeketh not its own. These qualities are also necessary for real eminence in public life; and a man who wishes to be truly great must obtain a character for these as well as for professional talents and mere negative virtues.

ART. IV.-MEMOIR OF SIR JAMES DALRYMPLE, VISCOUNT STAIR.

As, with some exceptions in individual cases, such as Lord Woodhouselee, in his amusing and instructive Life of Lord Kames, Scotch lawyers do not appear, like Lord Campbell, to have devoted any portion of their leisure to giving to the general public a popular detailed account, in easy conversational language, of the lives of their more eminent contemporaries, or predecessors, it has occurred, that a short biographical notice of one of the most eminent Scottish Judges may not be unacceptable to our readers. The following biographical sketch has been extracted partly from a compilation, not, it is believed, very generally known, and of very modest pretensions, but which possesses a quality, not, perhaps, to be predicated of all modern historians,—that of specially referring to the original, or contemporary documents, on which its narrative and inferential conclusions are founded. This sketch has also, to a considerable extent, been extracted from the learned preface prefixed to the fifth edition of Lord Stair's "Institutions," by John Shanks More, Esq., Advocate, who had access to all the original or contemporary documents, manuscripts or printed, and who has since been appointed Professor of Scotch Law in the University of Edinburgh.

This distinguished Judge, the greatest lawyer of whom the Scottish Bench can boast, was born in 1619, and was the son of James Dalrymple, of Stair, and Janet Kennedy, daughter of Kennedy, of Knockdaw. His father died when he was very young, and he was left under the sole guardian

ship of his mother, who is said to have been a woman of "excellent spirit." After his elementary education at the School of Mauchline he went, at the age of fourteen years, to the College of Glasgow, where he applied himself so assiduously to his studies, that he gained the approbation and friendship of his teachers, and qualified himself for taking the degree of Master of Arts in 1637. Next year he left college, went to Edinburgh, entered the army, and obtained a captain's commission in the Earl of Glencairn's regiment.

But it does not appear he long retained his commission; and the "Philosophy Chair" in the University of Glasgow becoming vacant about this time, he was advised by several of the professors (the patronage being in the Faculty of the University) to offer himself as a candidate; and after undergoing, with great applause, a comparative trial, obtained the appointment to the vacant chair in March, 1641; on which occasion, according to Professor Forbes, he appeared in his regimental dress, "buff and scarlet ;" and as he himself used to say," A Martis, ad Musarum, castra, traductus fuit."

He now resumed his studies of the Greek and Roman Classics, and added the study of the Roman, commonly called, by way of eminence, the Civil Law. As in the Continental universities, and in Scotland to this day, part of his course appears to have been devoted to General Jurisprudence. His lectures were attended by many young men of rank and fortune, with whom he formed friendships, which afterwards proved useful to him. And it may be noticed, as rather a singular fact, that this Chair of Philosophy should at intervals have been occupied by men of such high and varied talents and learning, as Viscount Stair, Professor Francis Hutchison, Dr. Adam Smith, and Dr. Thomas Reid.

But apparently conscious that his talents, natural and acquired, enabled him to aim at what is usually considered a higher, though not a more honourable station in society than that of Professor of Philosophy, Professor Dalrymple resigned his Chair in 1647, went to Edinburgh, was admitted a member of the Faculty of Advocates in 1649, and soon acquired extensive practice at the Bar.

After the death of King Charles I., in 1649, when the

Committee of the Estates appointed commissioners to go to Holland to invite his son to ascend the throne, Mr. Dalrymple was nominated Secretary to the Mission, and conducted himself with such moderation and tact, as at once to gain the approbation of the Estates and that of the King. And, although a very young lawyer at this period, his talents were so highly appreciated, that during his absence he was appointed by Parliament one of the commissioners to "revise and consider all the laws, statutes, and acts of parliament of this kingdom, made and enacted at any time bygone, as well printed as not printed, and also to consider all the consuetudes and practices of the kingdom, which have had the force of laws, and which have been received as practicks, as well in criminal, as in civil judicatories, within this kingdom; to the effect that, after due consideration of the laws, acts of parliament, consuetudes and practices, and mature and solid consultation and deliberation, had, and taken thereupon, by the foresaid commissioners, or their quorum, they may, by their care, solicitude, and industry, collect, draw up, and compile, a formal mode and frame of a book of just and equitable laws, to be established and authorised by His Majesty and Estates in Parliament, for the government of the lieges in time coming, and for administration of justice to them in the judicatories."

When in Holland with the commissioners, Mr. Dalrymple became well known to King Charles II., and to several eminent persons, such as the Earl, afterwards the notoriously tyrannical Duke of Lauderdale, and to the celebrated Salmasius.

As secretary, Mr. Dalrymple returned with the commissioners some time before the King, but in that capacity waited upon his Majesty at his landing, and appears to have been well received. He afterwards used every exertion to unite all parties for the King's interest, and also in raising an army for the invasion of England. After the defeat of the royal army at Worcester, he continued, from 1656, his practice at the Bar with great success, and during the usurpation of Cromwell likewise, till the oath called the "Tender" was imposed, when he, and a number of other eminent lawyers,

absented themselves from the Court, and did not again attend, till Cromwell had ceased to require the oath to be taken.

In 1654, Mr. Dalrymple was one of a committee of four deputed by the Faculty of Advocates, to wait upon the English Judges, to obtain the restoration of the ancient form of the "Outer House," where a single Judge prepared and decided the cause in the first instance, subject to the review of the Inner House Judges; and the deputation succeeded in its mission.

In 1657, Mr. Dalrymple appears to have acquired the good opinion and respect of General Monk, who thus recommended him to the Protector: "I make bold to mention to your Highness one Mr. James Dalrymple, as a person fit to be a Judge, being a very honest man, a good lawyer, and one of considerable estate." And soon afterwards, in stating, on behalf of the Lord Protector's council for Scotland, that, by the death of Lord South Hall and Lord Balcomie, the number of the commissioners for the administration of justice had been reduced to four, which left no Judge for the Outer House, General Monk wrote as follows:-" Believing it to be your Highness's intention that they (the commmissioners) should supply such a present exigency, in a time so pressing, they bethought, and have pitched upon a person of eminent abilities, Mr. James Dalrymple, an advocate, of whose quali fications they have ample satisfaction, to be one of the said commissioners for administration of justice, at the same salary which the Lord Balcomie had, being 300l. per annum, according to the establishment of Scots Judges, of which choice they humbly crave leave to desire your Highness's approbation." This selection of the commissioners was approved of, and Mr. Dalrymple's elevation to the Bench was confirmed by a letter from the Protector, dated 25th July, 1657.

This office, however, it appears he had some hesitation in accepting, as he says in the apology which he afterwards published, in consequence, apparently, of an anonymous attack, that "he was only induced to do so by the earnest solicitations of a number of ministers, friends, and others, whose advice he asked before he would accept of this appoint

ment. For doing so, he was much blamed by violent Tories, such as those, who were afterwards violent "Jacobites."

But, viewed impartially, at this distance of time, it does not appear he can be justly blamed for accepting office from a person, who had, by force of arms, acquired complete dominion, for a time, over his country, not as a minister of state, but as a judge only, which office merely enabled him to assist efficiently in the administration of justice to his fellow subjects. Accordingly, he does not appear to have taken any other oath, than that de Fideli Administratione Officii.

Further, it appears, he was held in such estimation by General Monk, that the latter consulted him on various matters of state, and particularly before marching with his army into England. When asked his opinion as to the best mode of settling the three nations, Mr. Dalrymple advised General Monk to call a full and free parliament, and, at the same time, earnestly recommended that the courts of justice, which had for some time been interrupted in their sittings during the troubles, should be again opened. And this advice was followed by General Monk, as appears from his letter addressed to Mr. Dalrymple, dated Dunstable, Jan. 7. 1659, which, Professor Forbes says, he saw in the possession of Sir James Dalrymple of Borthwick.

At the Restoration Mr. Dalrymple went to London with the Earl of Cassilis, to pay his respects to the King, who, on this occasion, conferred on him the honour of knighthood, and, by his letter, dated Whitehall, Feb. 14. 1661, also nominated him one of the Lords of the Session. And, on the 4th of November, 1661, he was, with the approbation of the "haill Lords," appointed by the King's Commissioner, Vice-President of the Court, in the absence of the President, Sir John Gilmour, and continued to act in that capacity whenever the President was absent.

So early as 1663, King Charles II. and his Privy Council, availing themselves of the latitude of the Royal prerogative, still unfortunately omitted to be placed under salutary control, proceeded to adopt very arbitrary measures; and a declaration was enacted, which, besides the Oath of Allegiance,