20 BIOGRAPHICAL SKETCHES.
mutual improvement in public speaking, formed themselves into a debating
club, called the Speculative fiociety, which met in one of therooms of the College.
This association soon became more extensive, and assumed an aspect of
stability and eminence, which it still continues to maintain. Mr. Maconochie
was then in his seventeenth year, and his associates were all nearly of a
similar age.’
In 1768, after having completed his studies at the University, he went to
the Continent, and resided some time at Paris. On his return the following
yea?, he entered himself a student at Lincoln’s Inn, and kept several termshis
object being to attend the Court of King’s Bench, in order to observe the
decisions of the great Lord Mansfield.
Retnrning to Scotland, Mr. Maconochie was admitted a member of the
Faculty of Advocates upon the 8th of December 1770 ja but, being still desirous
of increasing his general and practical knowledge, he soon after made a second
journey to France, where he remained till 1773. During his stay there he
chiefly resided at Rheims; but the greater portion of his time was spent in
visiting various parts of the country.
In 1774 he married Elizabeth, daughter of Robert Wellwood, Esq., of
Garvock, in the county of Fife. Through the influence of this connection it
is supposed he owed his return to the General Assembly of that year, as layrepresentative
of the burgh of Dunfermline-a point of considerable importance
to a young barrister j as, should he be fortunate enough to make a successful
debut in the ecclesiastical court, his future success is generally looked upon
as certain.a
From this period the reputation of Mr. Maconochie began gradually to be
established. In addition to the practice of law, and a thorough acquaintance
with the Statute-book, he had studied deeply the philosophy of law ; and such
was the character which his talents and acquirements had secured for him, that,
in 1779,’ on the resignation of Mr. Balfour, he was elected Professor of the
Law of Nature and Nations in the University of Edinburgh. Much to the
regret of the public, however, he gave lectures only during two sessions, his
It is curious to notice the contemptuous opinion entertained of the Speculative Society at its
commencement. For instance, one publication says-“ A trifling club is set up under the name of
the SpeculatiTe Society.”
He was examined on Tit. xiv. Lib. xxxvii. Pand. de jure Patronatus, and found “sufficiently
qualXed.”-MX. Miiiutm of Fac. of Advocates.
Probably the earliest appearance made by the subject of this sketch waa in the important case
of Hinton w. Donaldson and others, in which his father was mandatory for the pursuer, where the
question of copyright, and the exclusive right of authors to their works, was discussed. The six
counsel for the parties were heard at great length before the whole Court, and Mr. Maconochie distinguished
himself on this occasion a8 an able pleader. The Court, with the exception of Lord
Monboddo, was against the claims advanced for the authors ; and, on the 28th of July 1773, decided
against Hinton. A Report of the Speeches of the Judges was printed by James Boswell (afterwards
the biographer of Johnson), one of the counsel for the defenders. ‘ On the 18th December 1779, upon the resignation of Mr. James Balfour, Mr. Maconochie was
elected treasurer of the Faculty of Advocates.
Edinburgh, 1774. &o.
BIOGRAPHICAL SKETCHES. 21
practice at the bar having become so great that he was unable to continue the
duty of the chair.
In 1788 he was appointed Sheriff-Depute of the county of Renfrew; and,
on the death of Lord Abercromby in 1796, promoted to the bench by the title
of Lord Meadowbank In 1804, on the resignation of Lord Methven, he was
constituted one of the Lords of Justiciary. In both of these judicial capacities
he conducted himself with the greatest ability.
In politics, Lord Meadowbank was decidedly of the Pitt and Dundas school,
or, in other words, a Tory; but his was an enlightened attachment to the constitution,
springing from judicious and comprehensive views of social and
political economy.' When trial by jury-the bulwark of the subject's libertywas
proposed to be introduced into Scotland, Lord Meadowbank evinced the
soundness and liberality of his sentiments by warmly advocating the measure.
He wrote an excellent pamphlet on the subject, entitled '' Considerations on the
Introduction of Trial by Jury in Scotland ;'I and in 1815, when the Jury Court
was instituted, he was appointed one of the Lords-Commissioners.
Amid the multifarious duties arising from official engagements, Lord Meadowbank
still found leisure to continue his acquaintance with literature and the
progress of the sciences, of which he was a warm promoter. He was one of the
earliest members of the Royal Society of Edinburgh, to which he contributed
several valuable papers, and was for many years Vice-President. He was likewise
one of the Directors of the Astronomical Institution.
Like many of his contemporaries, Lord Meadowbank was a keen agriculturist;
and to his ingenious speculations and inquiries into this important science the
country is indebted for the invention of moss mhure, now extensively employed
in various counties in Scotland.'
The character of Lord Meadowbank as a judge has been recently given by
one in every way qualified to form a just and impartial estimate of his merits.
" Above all," said Lord Brougham, in deciding a recent cme in the House of
Lords (Inglis v. Mansfield, 10th April 1835), " we have, what with me is of
the highest authority and of the greatest weight, the very valuable opinion of
the late Lord Meadowbank, one of the best lawyers-one of the most acute
men-a man of large general capacity, and of great experience-and with
hardly any exception, certainly with very few exceptions, if any-the most
diligent judge one can remember in the practice of the Scotch
Lord Meadowbank died on the 14th of June 1816, in the sixty-ninth year
of his age.' In 1792, prior to his elevation to the bench, he resided in what
was then No. 33 Hanover Street. His lordship left several children, the eldest
of whom was raised to the bench under the same title of Lord Meadowbank.
'
. See his opinion in the case of Andrew w. Murdoch, 1806.
His lordship printed, for private distribution, a tract on the subject.
Shaw an4 Maclean's Reports in the House of Lords, 1835.
For interesting notices of this judge see Cockbum's MmOriaZs of hi9 Time, and his fife of
Buchanan's Reports.
Jofrey.