JOHN SWINTON, Lord Swinton (died 1799), son of John Swinton of Swinton,
Berwickshire, advocate, by his wife Mary, daughter of Samuel Semple,
minister of Liberton. He was admitted advocate on 20th December, 1743,
and appointed Sheriff-depute of Perthshire in June, 1754. In April,
1766, he became solicitor for renewal of leases of the Bishops’ tithes,
and solicitor and advocate to the Commissioners for Plantation of Kirks
in Scotland, in place of James Montgomery, promoted to be Lord Advocate.
He was elevated to the bench, with the title of Lord Swinton, on 21st
December, 1782, on the death of Alexander Lockhart of Covington, and, on
the promotion of Robert Macqueen of Braxfield in 1788, was also made a
Lord of Justiciary. He retained both appointments till his death.
He died at his residence, Dean House, Edinburgh, on 5th January, 1799.
Swinton married Margaret, daughter of John Mitchelson of Middleton, by
whom he had six sons and seven daughters.
Swinton was the author of the following works:--(1) “Abridgment of the
Public Statutes Relative to Scotland, &c., from the Union to the 27th of
George II.,” 2 vols., 1755; “to the 29th of George III.,” 3 vols.,
1788-90. (2) “Free Disquisition Concerning the Law of Entails in
Scotland,” 1765. (3) “Proposal for Uniformity of Weights and Measures in
Scotland,” 1779. (4) “Considerations Concerning a Proposal for Dividing
the Court of Session into Classes or Chambers, and for Limiting
Litigation in Small Causes, and for the Revival of Jury Trial in certain
Civil Actions,” 1789.
Lord Cockburn, in his “Memorials of his Time” (1856, pp. 112-113),
remarks--“These improvements have since taken place but they were mere
visions in his time, and his anticipation or them, in which, so far as I
ever heard, he had no associate, is very honourable to his
thoughtfulness and judgment.” Cockburn also observes of Swinton--“He was
a very excellent person; dull, mild, solid, and plodding; and in his
person large and heavy. It is only a subsequent age that has discovered
his having possessed a degree of sagacity for which he did not get
credit while he lived. Notwithstanding the utter dissimilarity of the
two men, there was a great friendship between him and Henry Erskine
which it is to the honour of Swinton’s ponderous placidity that
Erskine’s endless jokes upon him never disturbed.”
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