An anecdote, complimentary to both, connects the name of Lockhart with
that of Sir James Stewart of Goodtrees (pronounced Gutters, Moredun is
the modern name), who was Lord Advocate both to William III. and Queen
Anne. An imposing figure this, and a man of most adventurous life. In
his absence he was sentenced to death by the High Court of Justiciary.
This was in 1684. The Lord Advocate (Bluidy Mackenzie to wit), after
sentence, electrified the court by shouting out, that the whole family
was sailing under false colours, “these forefault Stewarts are damned
Macgregors” (the clan name was proscribed). And yet Mackenzie ought to
have felt kindly to Stewart, as perhaps he did, and possibly gave him a
hint when to make himself scarce. One curious story tells of Mackenzie
employing him in London with great success in a debate about the
position of the Scots Episcopal Church. Both Lockhart and Mackenzie
confessed him their master in the profound intricacies of the Scots law.
A W.S. once had to lay a case before Lockhart on some very difficult
question. Stewart was in hiding, but the agent tracked him out, and got
him to prepare the memorial. Sir George pondered the paper for some
time, then he started up and looked the W.S. broad in the face, “by God,
if James Stewart is in Scotland or alive, this is his draft; and why did
you not make him solve your difficulty?” The agent muttered that he
wanted both opinions. He then showed him what Stewart had prepared; this
Lockhart emphatically accepted as the deliverance of the oracle. Stewart
had a poor opinion of contemporary lawyers. Show me the man and I’ll
show you the law, quoth he. Decisions, he said, went by favour and not
by right. Stewart made his peace with James’s government, near the end,
and though he did so without any sacrifice of principle, men nicknamed
him Jamie Wilie. It seemed a little odd that through it all he managed
to keep his head on his shoulders. A staunch Presbyterian, he was yet
for the time a liberal and enlightened jurist, and introduced many
important reforms in Scots criminal law. That it fell to him to
prosecute Thomas Aikenhead for blasphemy was one of fate’s little
ironies; Aikenhead went to his death on the 8th January 1697. The
Advocate’s Close, where Stewart lived, and which is called after him,
still reminds us of this learned citizen of old Edinburgh.
Public-domain text, read in full here on John Shaqi.
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