On the death of Lord Braxfield, Eskgrove was promoted to be Lord
Justice-Clerk on 1st June, 1799, in which office he maintained the high
character he had earned while at the bar. Henry Cockburn says of him,
“Eskgrove was a very considerable lawyer; in mere knowledge probably
Braxfield’s superior. But he had nothing of Braxfield’s grasp or
reasoning, and in everything requiring force or soundness of head he was
a mere child compared with that practical Hercules” (“Memorials of his
Time,” 1856, p. 118). He was created a baronet on 27th June, 1804; died
at Eskgrove on 23rd October following, in the eightieth year of his age;
and was buried in Inveresk churchyard. He married, on 14th October,
1761, Margaret, daughter of John Stuart of Blairhall, Perthshire, by
whom he had two sons. Eskgrove resided for many years in No. 8 St. John
Street, Edinburgh.
“A more ludicrous personage,” says Cockburn, “could not exist. To be
able to give an anecdote of Eskgrove, with a proper imitation of his
voice and manner, was a sort of fortune in society. Scott in those days
was famous for this particularly. Yet never once did he do or say
anything which had the slightest claim to be remembered for any
intrinsic merit. The value of all his words and actions consisted in
their absurdity” (“Memorials,” pp. 118-119). In the trial of Glengarry
for murder in a duel, a lady of great beauty was called as a witness.
She came into Court veiled, but before administering the oath Eskgrove
gave her this exposition of her duty--“Young woman! you will now
consider yourself as in the presence of Almighty God and of this High
Court. Lift up your veil, throw off all modesty, and look me in the
face” (_ib._ p. 122). Cockburn also narrates that, having to condemn
certain prisoners who had broken into the house of Luss and assaulted
and robbed the inmates, Eskgrove first, as was his almost constant
practice, explained the nature of the various crimes, assault, robbery,
and hamesucken--of which last he gave them the etymology; he next
reminded them that they had attacked the house and the persons within
it, and robbed them, and then came to his climax--“All this you did, and
God preserve us! joost when they were sitten doon tae their denner!”
(_ib._ pp. 124-125). Cockburn tells many other anecdotes of him, too
numerous for quotation here; but it would be difficult to omit the
following:--On condemning a tailor to death for stabbing a soldier, the
learned judge aggravated the offence thus--“And not only did you murder
him, whereby he was bereaved of his life, but you did thrust, or push,
or pierce, or project, or propel, the lethal weapon through the
bellyband of his regimental breeches, which were His Majesty’s!” (_ib._
p. 122).
Public-domain text, read in full here on John Shaqi.
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