366 BIOGRAPHICAL SKETCHES.
many of his compeers of last century; and the “French Philosophy,” as it
was called, found in him a determined opponent. To the great work of Gibbon,
the “ Decline and Fall of the Roman Empire,” may be attributed some of his
most laborious translations, in the critical notes to which the false insinuations
and historical inaccuracies of that author are ably exposed.
For some time previous to the year 1790, the constitution of Lord Hailes
had been in a very enfeebled state ; yet he continued to prosecute his favourite
studies to the last, and performed his duty on the bench till witshin three days
of his death, which occurred at New Hailes on the 29th of November l792.l
His lordship was twice married-first to Anne Brown, only daughter of Lord
Coalstoun, by whom he had two daughters, the eldest of whom inherited the
estate.’ His second wife, Helen Fergusson, youngest daughter of Lord Kilkerran,
had also one daughter.’ Having no male issue, the baronetcy (which is now
extinct) descended to his nephew, eldest son of his brother John Dalrymple,
who held the office of Lord Provost of Edinburgh in 17 7 0 and 1 7 7 1.
An excellent funeral sermon was preached on his lordship’s death by Dr.
Carlyle of Inveresk, in which he drew a glowing character of one of the most
worthy of all the learned men of last century, who have done so much honour
to Scotland.
There is an anecdote of Lord Hailes while at the bar, illustrative of his
just feeling and native goodness of heart. He then held the office of Advocatedepute,
and had gone to Stirling in his official capacity. On the first day of
the Court, he was in no haste to bring on the proceedings; and, being met by
a brother of the bar, was asked-Why there was no trial this forenoon1
“ There are,” said Sir David, “some unhappy culprits to be tried for their lives,
and therefore it is proper they have time to confer for a little with their men
of law.’’ ‘‘ Last year I
came to visit Lord Kames when he was here on the circuit, and he appointed
me counsel for a man accused of a capital offence. Though I had very little
time to prepare, yet I made a very decent speech.” “Pray, sir,’’ said Sir
David, “ was your client acquitted or condemned P” “ 0,” replied the other,
‘‘ most unjustly condemned.” ‘‘ That, sir,” said the Advocate-depute, “ is norgood
reason for hurrying on trials.”
Religion was a topic upon which Lord Hailes was peculiarly sensitive, When
the late Mr. Smellie-well known in the republic of letters-was about to
‘‘ That is of very little consequence,” said the other.
.
1 In “ M‘Nish’s Anatomy of Sleep I’ there is a strange story relative to the somnolency of the
!earned judge, the accuracy of which is at least doubtful. He seldom passed much time at the dinnertable
; and frequently, long before the other members of the family had retired, resumed his literary
labours at a small table in the same apartment, without at all feeling disturbed by the conversation
going on. He had a large library at New Hailes ; but he always studied and wrote in the family
dining-room.
a The estates were destined by the older titles to the heir-male ; but this being merely a “simple
tail&,” as it is called, Lord Hailes had it in his power to alter the succession. A curious anecdote is
related in the Traditions of Zdinbwgh respecting his lordship’s will ; but it is not accurate. The
conveyance was found, not by a “female servant” while cleaning out the house in New Street, but by
persons properly authorised, on the first or second day after the funeral. It was carefully wrapt up
iu one of the drawers of a small chest in his lordship’s dressing-room. * This lady wv88 married to her consin, the grandson of Lord Kilkerran.
