Clerk was of a convivial disposition, and the contrast between the
crabbed lawyer and the good-natured _bon vivant_ was strongly marked. He
was a member of the Bannatyne Club, of which Sir Walter Scott was
president. On one occasion, after the anniversary dinner, he is said to
have fallen down-stairs and injured his nose, which necessitated his
wearing a patch upon the organ for some time afterwards. On a learned
friend inquiring how the accident happened, Clerk replied that it was
the effect of his studies. “Studies!” ejaculated the inquirer. “Yes,”
growled Clerk; “ye’ve heard, nae doot, about _Coke upon Littleton_, but
I suppose ye never heard tell o’ _Clerk upon Stair_!”
An interesting account of Clerk’s striking personality is given by Lord
Cockburn in his “Life of Lord Jeffrey” (1852, vol. i., pp. 199-205).
* * * * *
ROBERT HAMILTON, advocate (1750-1831), son of Alexander Hamilton of
Gilkerscleugh, Lanarkshire, distantly connected with the ducal house of
Hamilton, was born about 1750. He entered the army, and was present at
the Bunker’s Hill and other battles of the American War of Independence,
where he fought gallantly, and was severely wounded. He afterwards
studied law, and became a member of the Faculty of Advocates in 1788. He
was appointed Sheriff-depute of Lanarkshire in 1797, and on his
resignation of that office, in 1822, he was appointed, on 5th February
of the same year, Principal Clerk in the First Division of the Court of
Session. He married a daughter of David Dalrymple of Westhall, one of
the Senators of the College of Justice. He died on 13th December, 1831.
Hamilton was an intimate friend of his colleague, Sir Walter Scott, who
mentions him frequently in his “Journal” as being incapacitated by gout
from attending to his professional duties. They were both Commissioners
of the Northern Lights, and went together the voyage of inspection in
1814, described by Lockhart (“Life of Scott,” 1839, vol. iv., pp. 182
_et seq._). Hamilton is noted therein as good humoured, even when
troubled with the gout; “a very Uncle Toby in military enthusiasm, and a
brother antiquary of the genuine Monkbarns breed.” On his deathbed he
gave Scott the sword he had carried at Bunker’s Hill.
Hamilton was well known as a legal writer and genealogist. He had the
credit of being a good lawyer, and, it is said, “obtained much
professional reputation for getting up the case for Hamilton of Wishaw,
which carried the peerage of Belhaven before a Committee of Privileges.
He also drew up the elaborate claim of Miss Lennox of Woodhead to the
ancient earldom of Lennox, an interesting production, but based on a
fallacy.”
APPENDIX III.
A LIST OF PUBLICATIONS ON THE SUBJECT OF OR HAVING REFERENCE TO THE
TRIAL OF DEACON BRODIE.
Public-domain text, read in full here on John Shaqi.
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