Kay's Originals Vol. 1

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Go to: Kay's Originals Vol. 1 Title Pages Advertisement Introductory Notice to Original Portraits, Biographical Sketches I. Mr. John Kay II. A Triumvirate. The Daft Highland Laird, John Dhu, or Dow, alias Macdonald, and Jamie Duff, an idiot. III. Francis McNab, Esq. of McNab IV. Three Giants, with a Group of Spectators V. Lord Kames. Hugo Arnot, Esq. of Balcormo, Advocate. Lord Monboddo. VI. Contemplation VII. Lord Gardenstone VIII. Hugo Arnot, Esq., Advocate, and Gingerbread Jock IX. Dr. Glen and the Daft Highland Laird X. A Sleepy Congregation XI. Dr. James Graham going along the North Bridge in a High Wind XII. Dr. James Graham lecturing in Edinburgh XIII. James Macrae, Esq. XIV. Captain Page and Captain Vicars XV. The Three Captains of the City Guard. George Pitcairn, George Robertson, Robert Pillans. XVI. Provost David Steuart and Bailie John Lothian XVII. Alexander Hunter, Esq. of Polmood, and Roger Hog, Esq. of Newliston XVIII. Francis Grose, Esq., F.A.S. of London and Perth XIX. Captain Mingay, with a porter carrying George Cranstoun in his creel XX. Samuel McDonald and George Cranstoun XXI. Major Fisher XXII. Dr. Joseph Black XXIII. Dr. Joseph Black, Lecturing XXIV. Dr. James Hutton XXV. Philosophers XXVI. Dr. John Brown XXVII. Dr. Brown in his study XXVIII. Sir James Hunter Blair, Bart., Late Lord Provost of Edinburgh XXIX. Alexander Carlyle, D.D., Inveresk XXX. The Modern Hercules XXXI. Adam Ritchie XXXII. Angelo Tremamondo, Esq., Riding Master XXXIII. Lord Rockville Dr. Adam Smith, and Commissioner Brown XXXIV. Adam Smith, LL.D. And F.R.S. of London and Edinburgh XXXV. The Sapient Septemviri. King's College, Aberdeen. XXXVI. Vincent Lunardi, in his basket, ready to ascend. XXXVII. Marriage XXXVIII. A group of Aeronauts. XXXIX. The Right Honourable Colonel Lennox. XL. Colonel Hunter. XLI. The Rev. William Robertson, D.D., author of the History of Scotland and Charles V XLII. Dr. William Robertson, D.D., in his full clerical dress XLIII. Quartermaster Taylor XLIV. Cock-fighting Match between the counties of Lanark and Haddington XLV. James Donaldson XLVI. Mr. Alexander Thomson and Miss Crawford XLVII. Retaliation; or the Cudgeller caught XLVIII. Henry Viscount Melville and The Hob. Robert Dundas of Arniston XLIX. Bailie James Dickson and Bailie James Torry L. William Doyle, Samuel Sone, and William Foster LI. Sir Ralph Abercromby, K.B., giving the word of command LII. General Sir Ralph Abercromby, K.B., viewing the army, encamped on the plains of Egypt LIII. Lauchlan McBain LIV. Second print of Lauchlan McBain LV. Mrs. Siddons, Mr. Sutherland, Mrs. Woods, of the Theatre Royal, Edinburgh LVI. Captain George Gordon, Captain George Robertson, and John Grieve, Esq., Lord Provost of Edinburgh LVII. Rev. Hugh Blair, D.D. of the High Church, Edinburgh LVIII. The Honourable Henry Erskine, Dean of the faculty of Advocates LIX. James Bruce, Esq. of Kinnaird, and Peter Williamson LX. Courtship LXI. Mr. William Martin, Bookseller and Auctioneer in Edinburgh LXII. Mr. Thomas White LXIII. Mr. Henderson and Mr. Charteris, of the Theatre-Royal, Edinburgh LXIV. The Rev. Joseph Robertson Macgregor, First Minister of the Edinburgh Gaelic Chapel LXV. The Rev. James Lawson of Belvidere, The Job of Present Times LXVI. An Exchange of Heads. Hugo Arnot, Esq. - Mr. William Macpherson, and Roger Hog, Esq. LXVII. The Rev. John McLure, Chaplain to the Grand Lodge LXVIII. Mr. Alexander Wood, surgeon LXIX. Mr. Wood LXX. Captain Hind LXXI. Robert McQueen of Braxfield, Lord Justice-Clerk LXXII. George Pratt (The Town-Crier) LXXIII. The Rev. Dr. John Erskine, late of the Old Greyfriars' Church, Edinburgh LXXIV. Dr. Erskine LXXV. Dr. Henry Moyes, lectureer on Chemistry, etc. LXXVI. Sir William Forbes of Pitsligo, banker in Edinburgh LXXVII. Thomas Fraser (A Natural) LXXVIII. The Marquis of Huntly, afterwards Duke of Gordon LXXIX. Sir James Montgomery of Stanhope and David Stuart Moncrief, esq. of Moredun LXXX. Rev. Greville Ewing LXXXI. The Earl of Hopetoun LXXXII. Charles Hay, Esq., Advocate LXXXIII. Lord Newton on the Bench LXXXIV. The Earl of Errol and the Right Honourable Lord Haddo. LXXXV. Voltaire, the French Philosopher, and Mr. Watson, an Edinburgh Messenger LXXXVI. Mr. William Smellie, Printer and Mr. Andrew Bell, Engraver LXXXVII. The Right Honourable David Earl of Leven and Melville LXXXVIII. The Right Honourable Lord Adam Gordon LXXXIX. Right Honourable Lord Adam Gordon and His Royal Highness the Count D'Artois, afterwards Charles X XC. John Dhu XCI. Sir William Nairne, Baronet, Lord Dunsinnan XCII. Mr. Ralph Rylance XCIII. Levelling of the High Street of Edinburgh XCIV. Mr. Moss in the character of 'Caleb' XCV. Mr. Robert Meikle XCVI. Mr. Thomas Neil, Wright and Precentor XCVII. Major Campbell of the 35th Regiment XCVIII. The Royal Edinburgh Volunteers. Mr. Archibald Gilchrist XCIX. John Davidson, Esq., and Lord Henderland. George Paton, Esq. Lord Monboddo and Dr. Hutton. C. David Ross, Lord Ankerville CI. Francis Home, M.D. CII. The Right Hon. the Earl of Haddington, Sir William Forbes of Pitsligo, Bart., and Sir James Hunter Blair, Bart. CIII. Dr. William Cullen CIV. Dr. Cullen in his study CV. William Brodie, Deacon of the Incorporation of Wrights and Masons, Edinburgh CVI. George Smith and Deacon William Brodie CVII. General Buttons, An American Officer CVIII. Mr. John Wright, Lecturer on Law CIX. John Wright, Edq., Advocate CX. The Rev. William Beat, Minister of Kilrenny CXI. James Marshall, Esq., writer to the Signet CXII. Rev. John Wesley CXIII. Sir James Grant of Grant, Bart. CXIV. Dr. Alexander Monro, Secundus, Professor of Anatomy CXV. Rev. John Kemp, D.D. CXVI. The Most Noble the Marquis of Graham, and The Right Hon. the Earl of Buchan CXVII. Henry Dundas, Viscount Melville CXVIII. Andrew Nicol CXIX. Three Legal Devotees. Andrew Nicol, Mary Walker, and John Skene CXX. Four Bucks. Dr. Eiston, Signior Stabilini, Captain McKenzie, and Macnab of Macnab CXXI. Dr. Andrew Hunter CXXII. Lord Craig CXXIII. Mungo Watson, Beadle of Lady Yester's Church, etc. CXXIV. James Robertson of Kincraigie CXXV. Thomas Muir, Esq. Younger of Huntershill CXXVI. Sir Archibald Hope of Pinkie, Bart. CXXVII. Robert Blair, Esq. CXXVIII. Robert Blair, Esq., Solicitor-General CXXIX. The Hon. Robert Dundas of Arniston CXXX. Captain James Justice of Justice Hall, and a Lady in the costume of 1790 CXXXI. Andrew Dalziel, A.M., F.R.S. CXXXII. Two Shadows. Lord Kames, and Hugo Arnot, Esq. CXXXIII. Neil Ferguson, Esq., Advocate, and the Little Polish Count CXXXIV. Dr. Alexander Hamilton, Professor of Midwifery CXXXV. Rev. Rowland Hill, A.M. CXXXVI. James Gregory, M.D. CXXXVII. Dr. James Gregory, in the uniform of the Royal Edinburgh Volunteers CXXXVIII. Alexander Osborne, Esq., and Francis Ronaldson, Esq. CXXXIX. Rev. Robert Walker CXL. Sir David Rae of Eskgrove, Bart., Lord Justice-Clerk CXLI. Mr. David Downie, Goldsmith in Edinburgh - tried for High Treason along with Robert Watt in 1794 CXLII. Mr. Thomas Blair, late of the Stamp-Office, Edinburgh CXLIII. Rev. William Moodie, D.D. CXLIV. Thomas Elder, Esq. of Forneth, Late Lord Provost of Edinburgh CXLV. The Right Hon. Lord Viscount Duncan CXLVI. Admiral Duncan on the Quarter-Deck CXLVII. Lord Hailes CXLVIII. Rev. Dr. David Johnston, Minister of North Leith CXLIX. Sir James Stirling, Bart. CL. Henry Dundas, and Sir James Stirling, Bart. CLI. Lord High Chancellor Loughborough, afterwards Earl of Rosslyn CLII. John Campbell, Esq., of Blythswood CLIII. The Hon. Basil Cochrane, and James Edgar, Esq., Commissioners of the Customs CLIV. Rev. Dr. Thomas Davidson, late of the Tolbooth Church, Edinburgh CLV. Colonel Patrick Crichton CLVI. George Fergusson, Lord Hermand CLVII. Mr. John Shiells, Surgeon CLVIII. Mr. Robert Johnston, and Miss Sibilla Hutton CLIX. Mr. John Bennet, Surgeon CLX. Three Officers of the Hopetoun Fencibles. Lord Napier, Major Pilmer, and Major Clarkson. CLXI. Mr. John Adams, Master of the Royal Riding Menage CLXII. Mr. William Scott, Mr. James Sibbald, George Fairholme, Esq., and James Kerr, Esq. CLXIII. Rev. William Paul CLXIV. Byrne, the Irish Giant, Mr. Watson, Mr. McGowan, Mr. Fairholme, and Geordie Cranstoun CLXV. Allan Macdougall, Esq. of Glenlochan, Alexander Watson, Esq. of Glenturkie, and Colquhoun Grant, Esq. CLXVI. Ensign Macdougal, of the Hopetoun Fencibles CLXVII. Mr. James Rae, Dr. William Laing, and Dr. James Hay CLXVIII. George Mealmaker, author of the 'Moral and Political Catechism of Man' CLXIX. Two Turks CLXX. The City Guard House. Corporal John Dhu Notes to Vol. 1 Index to the Portraits, etc. in Vol. 1 Index to the Names Incidentally Mentioned in the First Volume » Kay's Originals Vol. 2 » Memorials of Edinburgh in the Olden Time » Edinburgh Past and Present » Old and New Edinburgh Vol. I » Old and New Edinburgh Vol. II » Old and New Edinburgh Vol. III » Old and New Edinburgh Vol. IV » Old and New Edinburgh Vol. V » Old and New Edinburgh Vol. VI

B I 0 G RA P H I CA I, S KE T C H E S. 167 No. LXXI. ROBERT M'QUEEN OF BRAXFIELD, LORD JUSTICE-CLERK. THIS eminent lawyer and judge of the last century was born in 1722. His father, John M'Queen, Esq. of Braxfield, in the county of Lanark, was educated as a lawyer, and practised for some time ; but he gave up business on being appointed Sheriff-substitute of the Upper Ward of Lanarkshire. He was by no means wealthy, and having a large family, no extravagant views of future advancement seem to have been entertained respecting his children. Robert, who was his eldest son, received the early part of his education at the grammar-school of the county town,' and thereafter attended a course at the University of Edinburgh, with the view of becoming a Writer to the Signet. In accordance with this resolution, young M'Queen was apprenticed to Mr. Thomas Gouldie, an eminent practitioner, and, during the lat+er period of his service, he had an opportunity of superiiitending the management of processes before the Supreme Court. Those faculties of mind which subsequently distinguished him both as a lawyer and a judge were thus called into active operation ; and, feeling conscious of intellectual strength, he resolved to try his fortune at the bar. This new-kindled ambition by no means disturbed his arrangement with Mr. Gouldie, with whom he continued until the expiry of his indenture. In the meantime, however, he set about the study of the civil and feudal law, and very soon became deeply conversant in the principles of both, especially of the latter. In 1744, after the usual trials, he became a member of the Faculty of Advocates. In the course of a few years afterwards, a number of questions arising out of the Rebellion in 1745, respecting the forfeited estates, came to be decided, in all of which M'Queen had the good fortune to be appointed counsel for the crown. Nothing could be more opportunely favourable for demonstrating the young advocate's talents than this fortuitous circumstance. The extent of knowledge which he displayed as a feudal lawyer, in the management of these cases-some of them of the greatest importance-obt,ained for him a degree of reputation which soon became substantially apparent in the rapid increase of his general practice. The easy unaffected manners of Mr. M'Queen also tended much to promote success. At those meetings called consultations, which, for many years after his admission to the bar, were generally held in taverns, he " peculiarly shone" both in legal and social qualifications. Ultimately his practice became so great, especially before the Lord Ordinary, that he has been repeatedly The grammar-school of Lanark was at this period in considerable repute. was Thomson, a relative of the author of " The Seasons," and married to his sister. The teacher'a name

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168 BIOGRAPHICAL SKETCHES. known to plead from fifteen to twenty causes in one day. Some idea of the influence and high character to which he had attained as an advocate may be gathered from the couplet in the " Court of Session Garland," by Boswel1:- '' However of our cause not being ashamed, Unto the whole Lords we straightway reclaimed ; And our petition was appointed to be seen, Because it was dram by Robbie M'Queen, On the death of Lord Coalston, in 1766, Mr. M'Queen was elevated to the bench by the title of Lord Braxfield-an appointment, it is said, he accepted witth considerable reluctance, being in receipt of a much larger professional income. He was prevailed upon, however, to accept the gown, by the repeated entreaties of Lord President Dundas,' and the Lord Advocate, afterwards Lord Melville. In 1780 he was also appointed a Lord Commissioner of Justiciary; and in 1787 was still more highly honoured by being promoted to the important office of Lord Justice-clerk of Scotland. Lord Braxfield was equally distinguished on the bench as he had been at the bar. He attended to his duties with the utmost regularity, daily making his appearance in court, even during winter, by nine o'clock in the morning ; and it seemed in him a prominent and honourable principle of action to mitigate the evils of the " law's delay," by a despatch of decision, which will appear the more extraordinary, considering the number of causes brought before him while he sat as the Judge Ordinary of the Outer House. As Lord Justice-clerk, he presided at the trials of Muir, Palmer, Skirving, Margarot, Gerald, etc. in 1793-4. At a period so critical and so alarming to all settled governments, the situation of Lord Justice-clerk was one of peculiar responsibility, and indeed of such a nature as to preclude the possibility of giving entire satisfaction. During this eventful period Lord Braxfield discharged what he conceived to be his duty with firmness, and in accordance to the letter and spirit of the law, if not always with that leniency and moderation which in the present day would have been esteemed essential. The conduct of Lord Braxfield, during these memorable trials, has indeed been freely censured in recent times as having been distinguished by great and unnecessary severity ; but the truth is, he was extremely well fitted for the crisis in which he was called on to perform so conspicuous a part, ; for, by the bold and fearless front he assumed, at a time when almost every other person in authority quailed beneath the gathering storm, he contributed not a little to curb the lawless spirit that was abroad, and which threatened a repetition of that reign of terror and anarchy which so fearfully devastated a neighbouring country. But if the conduct of his lordship in those trying times was thus " Mr. M'Queen had contracted an intimacy with Mr, Dundas, afterwards Lord President of the Court of Session, and his brother, Lord Melville, at a very early period of life. The Lord President, when at the bar, married the heiress of Bounington, an estate situated within a mile of Braxfield. During the recesses of the Court, these eminent men used to meet at their country seats and read , and studied law together. This intimacy, so honourable and advantageous to both, continued through life."

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