James Dalrymple, 1st Viscount Stair (May 1619 – 29 November 1695) was a Scottish lawyer and statesman, and a key influence on the Scottish Enlightenment. He was a leading figure of Scottish law, "and also one of the greatest thinkers on law across Europe has ever produced".
According to Alexander Broadie, Professor of Logic and Rhetoric at Glasgow University, in his book The Scottish Enlightenment, the first Scottish enlightenment began Post Reformation in the 15th century, with figures such as John Mair (1467–1550), James Dalrymple (1619–1695), Duns Scotus (1265–1308), George Buchanan (1506–1582) and many others. These scholars were predominately educated at Paris university and then returned to teach at Scotland's ancient universities—St Andrews, Aberdeen, and Glasgow.
"Dalrymple graduated from Glasgow university in 1647 and was regent in arts there from 1641 until 1647. The following year he became an advocate and thereafter was appointed a judge. From 1661 Dalrymple, by now Viscount Stair, was active in the Court of Session and sat on many commissions through which he was connected to important moments in Scottish history."
Broadie writes, "Above all, however, the reason Stair is important to Scotland is his treatise, The institutions of the law of Scotland, deduced from its originals, and collated with the civil, canon and feudal laws; and with the customs of neighbouring nations ... . 1st edition Edinburgh, 1681. This book set the practice of law in Scotland on a sound philosophical basis, almost certainly helped to ensure that Scots law would remain in force as a distinct entity after the union of 1707".
The University of Glasgow's Law School is housed in The Stair Building, built in 1870 by Sir Gilbert Scott, named after Stair. He also gave his name to The Stair Memorial Encyclopedia, described as, "the cornerstone of the Scots lawyer's library."
Contents
Biography
James Dalrymple was born at Drummurchie, Barr, Ayrshire. He was descended from several generations of a family inclined to the principles of the Reformation. He had ancestors among the Lollards of Kyleboth both on his father's and his mother's side. His father, James Dalrymple, laird of the small estate of Stair in the District of Kyle, Ayrshire, died when he was an infant. His mother, Janet Kennedy of Knockdaw, is described as "a woman of excellent spirit", who took care to have him well educated. From the grammar school at Mauchline he went, in 1633, to the University of Glasgow, where he graduated in arts on 26 July 1637. Next year he went to Edinburgh, probably with the intention of studying law, but the troubles of the times, then approaching a crisis, led him to change his course, and we next find him serving in the Earl of Glencairn's regiment in the War of the Covenant.
What part he took in it is not certainly known, but he was in command of a troop when recalled in 1641 to compete for a regency (as a tutorship or professorship was then called) in the University of Glasgow. He was elected in March. Mathematics, logic, ethics and politics were the chief subjects of his lectures, and a notebook on logic by one of his students has been preserved. His activity and skill in matters of college business were praised by his colleagues, who numbered amongst them some of the leading Covenanting divines, and his zeal in teaching was gratefully acknowledged by his students. After nearly seven years' service he resigned his regency, and removed to Edinburgh, where he was admitted to the bar on 17 February 1648.
This step had probably been rendered easier by his marriage, four years before, to Margaret Ross, co-heiress of Balneil in Wigtown. Stair's practice at the bar does not appear to have been large. His talents lay rather in the direction of learning and business than of oratory or advocacy. His reputation and the confidence reposed in him were shown by his appointment in 1649 as secretary to the commission sent to the Hague to treat with Charles II by the Scots Parliament. The negotiation having been broken off through the unwillingness of the young king to accept the terms of the Covenanters, Stair was again sent in the following year to Breda, where the failure of Montrose's expedition forced Charles to change his attitude and to return to Scotland as the covenanted king. Stair had preceded him, and met him on his landing in Aberdeenshire, probably carrying with him the news of the execution of Montrose, which he had witnessed.
Works
Stair's major legal work, The Institutions of the Law of Scotland deduced from its Originals, and collated with the Civil, Canon and Feudal Laws and with the Customs of Neighbouring Nations, shows influences from his philosophical training, his foreign travels, and Continental jurists as well as English lawyers. Its name lives on in the Stair Memorial Encyclopaedia, which provides a contemporary statement of the Laws of Scotland.
The Physiologia was favourably noticed by Robert Boyle.
Offspring
Stair was fortunate in his descendants. "The family of Dalrymple", observed Sir Walter Scott,
"produced within two centuries as many men of talent, civil and military, of literary, political and professional eminence, as any house in Scotland."
His five sons were all remarkable in their professions:
John, Master of Stair (1648–1707), who succeeded as 2nd Viscount of Stair and was later created 1st Earl of Stair in 1703, an able lawyer and politician, who is, however, principally remembered for his part in the massacre of Glencoe, is dealt with above.
Sir James Dalrymple, 1st Baronet, created a baronet in 1698, was one of the principal Clerks of Session, and a very thorough and accurate historical antiquary.
Sir Hew Dalrymple of North Berwick (1652–1737) succeeded his father as president, and was reckoned one of the best lawyers and speakers of his time. He, too, was created a baronet in 1698.
Thomas Dalrymple became physician to Queen Anne.
Sir David Dalrymple, 1st Baronet (1665–1721), who was created a baronet in 1701, was Lord Advocate under Anne and George I. In 1709 he bought a fine Palladian mansion house, Whitehill (designed and built by the Scottish architect James Smith, 1645–1731), from Lord Bellenden and renamed it Newhailes. It stands to this day near Musselburgh, East Lothian, not far from Edinburgh. His grandson was the famous judge and historian, Lord Hailes.
Stair's grandson, John (1673–1747), rose to be a field-marshal and gained equal credit in war and diplomacy. He was ambassador in Paris (1715–1720), and, besides seeing service under Marlborough, was commander-in-chief of the British forces on the Continent in 1742, showing great gallantry at Dettingen. He had no son, and in 1707 had selected his nephew John (1720–1789) as heir to the title, but through a decision of the House of Lords in 1748 he only became 5th Earl, after his cousin James and James's son had succeeded as 3rd and 4th Earls. John's son, the 6th Earl, died without issue, and a cousin again succeeded as 7th Earl, his two sons becoming 8th and 9th Earls. The 8th Earl (1771–1853) was a general in the army, and Keeper of the Great Seal of Scotland. The 9th Earl's son and grandson succeeded as 10th and 11th Earls.
Published works
Theses logicae, metaphysicae, physicae, mathematicae, et ethicae. Glasgow, 1646 (partial translation available of section: Ethical Theses)
An apology for Sir James Dalrymple of Stair, President of the Session, by himself ... Edinburgh, 1690 (which responds to the pamphlet by Robert Ferguson: The late proceedings and votes of the Parliament of Scotland)
The decisions of the Lords of Council & Session, in the most important cases debate before them, with the Acts of Sederunt. As also, an alphabetical compend of the decisions, with an index of the Acts of Sederunt, and the pursuers and defenders names. From June 1661. to July 1681. ... observed by Sir James Dalrymple of Stair. 2 vols. Edinburgh, 1683
The institutions of the law of Scotland, deduced from its originals, and collated with the civil, canon and feudal laws; and with the customs of neighbouring nations ... . Edinburgh, 1681 (which includes his:Modus litigandi, or form of process observed before the Lords of Council and Session in Scotland. Edinburgh, 1681)
The institutions of the law of Scotland, deduced from its originals, and collated with the civil, canon and feudal laws, and with the customs of neighbouring nations. 2nd ed. Edinburgh, 1693
The institutions of the law of Scotland, deduced from its originals, and collated with the civil, and feudal-laws, and with the customs of neighbouring nations. 3rd ed. Edinburgh, 1759
The institutions of the law of Scotland deduced from its originals and collated with the civil, canon and feudal laws and with the customs of neighbouring nations. New ed. 2 vols. Edinburgh, 1832.
The institutions of the law of Scotland deduced from its originals, and collated with the civil, canon and feudal laws, and with the customs of neighbouring nations … ; edited by David M. Walker. Edinburgh : University Presses of Edinburgh and Glasgow, 1981. ISBN 0-85224-397-9 (Text based on the 1693 edition)