BI 0 GR AP HI C AL S KET C HE S. 365
In the “ Court of Session Garland,” by Boswell, the biographer of Johnson,
the hypercritical accuracy of his lordship is thus alluded to :-
“ This cause,” cries Hailes, “to judge I can’t pretend,
Forjustice, I perceive, wants an e at the end.”’
t
In 1776 he became one of the Lords of Justiciary; and his conduct as a
judge in the criminal court elicited universal approbation. It had been too
much the practice of judges to throw their weight into the scale of the crown,”
acting more as public prosecutors than as impartial arbiters. Not so with Lord
Hailes : his conduct was regulated by a different sense of duty. While he held
the scales of Justice, his conduct towards the accused was distinguished for
impartiality ; and wherever a doubt arose in the course of a criminal prosecution,
he never failed to give the culprit the benefit of it.
No judge, perhaps, ever presided in a court of justiciary, who supported the
dignity of his station with greater propriety, or invested the forms of procedure
with greater solemnity. The manner in which he administered the oaths of
court was deeply impressive. “ Rising slowly from his seat,” says his biographer,
“with a gravity peculiarly his own, he pronounced the words in a manner so
serious, as to impress the most profligate mind with the conviction that he was
himself awed with the immediate presence of that awful Majesty to whom the
appeal was made. It is perhaps impossible for human vigilance cir sagacity
altogether to prevent perjury in courts of justice ; but he was a villain of no
common order that could perjure himself in the presence of Lord Hailes.”
High as his lordship stands in the memory of his country as a judge of the
land, he is still better known to the world as a scholar and an author. . Those
hours of relaxation from official duties, which others usually spend in amusement,
were sedulously devoted to the service of literature. His historical researches
are peculiarly valuable ; and he was the first writer who threw aside those fictions
by which Scottish history had previously been disfigured. The literary labours
of Lord Hailes extend over a period of thirty-nine years-from the date of the
first publication, in 1751, till the date of his last, in 1790 ; and the works issued
under his own superintendence amount to almost an equal number.
Although eminently qualified by his acquirements to become one of the
brightest ornaments of social life, his lordship’s intercourse with society was
very limited. Among his many eminent contemporaries, there were only a
few persons with whom he lived on terms of familiar intercourse ; and these
were “ selected as much on account of their moral and religious worth as for
their genius and learning.”
In theology Lord Hailes entertained very different views from those held by
This couplet is said to refer to an actual occurrence, Lord Hailes havil;g seriously objected to a
law-paper wherein the word justice had been inadvertently spelt without the final e. As a farther
ilwtauce of the hical nicety and minute accuracy of his lordship, it may be stated, that, wherever
he detected the smallest literal error or typographical inaccuracy in any of the printed papen laid
before him, he never failed to send for the agent in order to reprimand him ; aud even when it waa
explained to his lordship that the paper had been printed in the utmost hurry, and that the workmen
had been employed all night upon it, he could not be induced to overlook the fault.
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.
