High as his memory stands as a judge, Hailes is better known to the
world as a scholar and an author. His literary labours extend over a
period of thirty-nine years--from the date of his first publication in
1751 till that of his last in 1790. “Lord Hailes was in some respects
the very ideal of an historical inquirer. His mind was fair and
dispassionate, and he reasoned with excellent logic. You will seldom
find a mistake in fact or a conclusion not warranted by the premises in
Lord Hailes’ ‘Annals.’ He had some defects, too, and the greatest of
them is an unnecessary and repulsive dryness of narrative” (Cosmo Innes’
“Lectures on Scotch Legal Antiquities,” 1872, p. 8). His publications,
almost without exception, related to the early antiquities of
Christianity, or to the antiquities and history of Scotland, which
before his time had been critically examined by scarcely any writer. His
most important work is the “Annals of Scotland,” from Malcolm Canmore
to Robert I., issued in 1776, and continued in 1779 to the accession of
the House of Stuart. A complete catalogue of his numerous works will be
found in “Kay’s Portraits” (1877, vol. i., pp. 367-370).
* * * * *
SIR DAVID RAE, Baronet, Lord Eskgrove (1729-1804), son of the Reverend
David Rae, of St. Andrews, an Episcopalian clergyman, by his wife,
Agnes, daughter of Sir David Forbes of Newhall, was born in 1729. He was
educated at the Grammar School of Haddington, and at the University of
Edinburgh, where he attended the law lectures of Professor John Erskine
(1695-1768). He was admitted a member of the Faculty of Advocates on
11th December, 1751, and quickly acquired a considerable practice. When
the celebrated Douglas cause was before the Court he was appointed one
of the Commissioners for collecting evidence, and in that capacity
accompanied James Burnett (afterwards Lord Monboddo) and Francis Garden
(afterwards Lord Gardenstone) to France in September, 1764, for the
purpose of investigating the proceedings which had been carried on in
Paris relative to the case.
After thirty years of honourable and successful practice at the bar Rae
was, on the death of Alexander Boswell of Auchinleck, promoted to the
bench on 14th November, 1782, and assumed the title of Lord Eskgrove,
from the name of a small estate which he possessed near Inveresk. On
20th April, 1785, he was appointed a Lord of Justiciary, in succession
to Robert Bruce of Kennet. He was one of the judges before whom
Margarot, Skirving, and Gerald, the Reformers of 1793-4, were tried. He
also assisted at the trials of the Rev. Thomas Fysche Palmer for
sedition in 1793, and of Robert Watt and David Downie for high treason
in 1794.
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