![George MacKenzie](https://upload.wikimedia.org/wikipedia/commons/4/42/George_MacKenzie.jpg)
Sir George Mackenzie of Rosehaugh (1636 – May 8, 1691) was a
Scottish lawyer,
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
,
essayist
An essay is, generally, a piece of writing that gives the author's own argument, but the definition is vague, overlapping with those of a letter, a paper, an article, a pamphlet, and a short story. Essays have been sub-classified as formal a ...
and legal writer.
Early life
Mackenzie, who was born in
Dundee
Dundee (; sco, Dundee; gd, Dùn Dè or ) is Scotland's fourth-largest city and the 51st-most-populous built-up area in the United Kingdom. The mid-year population estimate for 2016 was , giving Dundee a population density of 2,478/km2 or ...
, was the son of Sir Simon Mackenzie of
Lochslin (died c. 1666) and Elizabeth Bruce, daughter of the Reverend Peter Bruce, minister of St Leonard's, and Principal of St Leonard's Hall in the University of St Andrews. He was a grandson of
Kenneth, Lord Mackenzie of Kintail and a nephew of
George Mackenzie, 2nd Earl of Seaforth
George Mackenzie, 2nd Earl of Seaforth (died 1651) was a Highland clan chief and Scottish nobleman, who played an equivocating role in Scotland in the Wars of the Three Kingdoms.
Origins
Mackenzie was the son of Kenneth Mackenzie, 1st Lord Mac ...
.
He was educated at the
King's College,
University of Aberdeen
The University of Aberdeen ( sco, University o' 'Aiberdeen; abbreviated as ''Aberd.'' in List of post-nominal letters (United Kingdom), post-nominals; gd, Oilthigh Obar Dheathain) is a public university, public research university in Aberdeen, Sc ...
(which he entered in 1650), the
University of St Andrews
(Aien aristeuein)
, motto_lang = grc
, mottoeng = Ever to ExcelorEver to be the Best
, established =
, type = Public research university
Ancient university
, endowment ...
, and the
University of Bourges
The University of Bourges (french: Université de Bourges) was a university located in Bourges, France. It was founded by Louis XI in 1463 and closed during the French Revolution.
Until the mid-17th century, lack of suitable legal training at hom ...
in France.
Career
![George Mackenzie after Kneller](https://upload.wikimedia.org/wikipedia/commons/a/ab/George_Mackenzie_after_Kneller.jpg)
Mackenzie was elected to the
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...
in 1659, and spoke in defence at the trial of
Archibald Campbell, Marquis of Argyll in 1661.
He acted as
justice-depute from 1661 to 1663, a post that involved him in extensive
witch trial
A witch-hunt, or a witch purge, is a search for people who have been labeled witches or a search for evidence of witchcraft. The classical period of witch-hunts in Early Modern Europe and Colonial America took place in the Early Modern perio ...
s.
Mackenzie was knighted, and was a member of the Scottish Parliament for the
County of Ross
Ross-shire (; gd, Siorrachd Rois) is a historic county in the Scottish Highlands. The county borders Sutherland to the north and Inverness-shire to the south, as well as having a complex border with Cromartyshire – a county consisting of ...
from 1669 to 1674. In 1677 he became
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
, and a member of the
Privy Council of Scotland
The Privy Council of Scotland ( — 1 May 1708) was a body that advised the Scottish monarch. In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of ...
.
As Lord Advocate he was the
minister responsible for the persecuting policy of
Charles II in Scotland against the Presbyterian
Covenanter
Covenanters ( gd, Cùmhnantaich) were members of a 17th-century Scottish religious and political movement, who supported a Presbyterian Church of Scotland, and the primacy of its leaders in religious affairs. The name is derived from ''Covenan ...
s. After the
Battle of Bothwell Bridge
A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and force ...
in 1679 Mackenzie imprisoned 1,200 Covenanters in a field next to
Greyfriars Kirkyard
Greyfriars Kirkyard is the graveyard surrounding Greyfriars Kirk in Edinburgh, Scotland. It is located at the southern edge of the Old Town, adjacent to George Heriot's School. Burials have been taking place since the late 16th century, and a num ...
. Some were executed, and hundreds died of maltreatment. His treatment of Covenanters gained him the nickname "Bluidy Mackenzie". It has been argued that both he and
Claverhouse
Claverhouse (also known as Barns of Claverhouse) is a residential area located on the northern outskirts of Dundee, Scotland with the city centre located 2 miles (3.2 km) from the area.
Overview
Claverhouse is primarily an affluent resid ...
kept to the letter of the law. It is unclear whether or not the epithet "Bluidy" is contemporary; it appears in ''
The Heart of Midlothian
''The Heart of Mid-Lothian'' is the seventh of Sir Walter Scott's Waverley Novels. It was originally published in four volumes on 25 July 1818, under the title of '' Tales of My Landlord, 2nd series'', and the author was given as "Jedediah Cle ...
'' (1818), given to Davie Deans. The language of blood prevails in the published testimony of Marion Harvey, hanged in 1681, who calls her blood onto Mackenzie: ""that excommunicate tyrant, George Mackenzie, the advocate", among others.
![Mackenzie mausoleum, Greyfriars](https://upload.wikimedia.org/wikipedia/commons/b/b8/Mackenzie_mausoleum%2C_Greyfriars.JPG)
Mackenzie resigned for a short time in 1686, before taking up office again in 1688 and serving as shire commissioner for
Forfarshire
Angus ( sco, Angus; gd, Aonghas) is one of the 32 local government council areas of Scotland, a registration county and a lieutenancy area. The council area borders Aberdeenshire, Dundee City and Perth and Kinross. Main industries include agri ...
from 1688 to his death. He opposed the dethronement of
James II, and to escape the consequences he retired from public life.
Last years
Mackenzie retired at the
Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
to
Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. In London on 9 March 1690 he dined with
William Lloyd and
John Evelyn
John Evelyn (31 October 162027 February 1706) was an English writer, landowner, gardener, courtier and minor government official, who is now best known as a diarist. He was a founding Fellow of the Royal Society.
John Evelyn's diary, or memo ...
, two literary opponents from the past. He died at
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
on 8 May 1691 and is buried in
Greyfriars Kirkyard
Greyfriars Kirkyard is the graveyard surrounding Greyfriars Kirk in Edinburgh, Scotland. It is located at the southern edge of the Old Town, adjacent to George Heriot's School. Burials have been taking place since the late 16th century, and a num ...
in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
, his mausoleum being designed by
James Smith.
Works
In private life Mackenzie was a cultivated and learned gentleman with literary tendencies. He published in 1660 ''Aretina'', which has been called the first
Scottish novel.
He is remembered as the author of various graceful
essay
An essay is, generally, a piece of writing that gives the author's own argument, but the definition is vague, overlapping with those of a letter, a paper, an article, a pamphlet, and a short story. Essays have been sub-classified as formal a ...
s. A contemporary antiquarian,
Alexander Nisbet
Alexander Nisbet (bapt. 23 March 1657; died 7 Dec. 1725) was a Scottish lawyer and antiquarian. He is remembered for his works on the subject of heraldry, which are generally considered to be some of the most complete and authoritative ever pr ...
, calls him "learned" and "renowned".
Mackenzie wrote legal, political, and antiquarian books, including:
![Title page of Mackenzie's Vindication, 1691](https://upload.wikimedia.org/wikipedia/commons/0/0a/Title_page_of_Mackenzie%27s_Vindication%2C_1691.JPG)
*''The Science of Heraldry, Treated as a Part of the Civil Law of Nations: Wherein Reasons are Given for its Principles, and Etymologies of its Harder Terms'' (1680);
*''Institutions of the Law of Scotland'' (1684);
*''Jus Regium: Or the Just and Solid Foundations of Monarchy in General, and More Especially of the Monarchy of Scotland: Maintain'd Against Buchannan, Naphtali, Dolman, Milton, &c.'' (1684), a major royalist tract;
* ''A Vindication of the Government in Scotland'' (1691);
*''Antiquity of the Royal Line of Scotland'' (1686);
*''Memoirs of the Affairs of Scotland from the Restoration of Charles II'' (1821).
Mackenzie took part in the
Midlothian
Midlothian (; gd, Meadhan Lodainn) is a historic county, registration county, lieutenancy area and one of 32 council areas of Scotland used for local government. Midlothian lies in the east-central Lowlands, bordering the City of Edinburgh, ...
trials for
witchcraft
Witchcraft traditionally means the use of magic or supernatural powers to harm others. A practitioner is a witch. In medieval and early modern Europe, where the term originated, accused witches were usually women who were believed to have us ...
in 1661, and defended the alleged witch Maevia. He later wrote at length of his experience with witchcraft trials. He did not endorse the sceptical position, but stated that witches were fewer than common belief made out. He attributed confessions to the use of torture.
His ''Laws and Customs of Scotland in Matters Criminal'' (1678) was the first textbook of
Scottish criminal law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mi ...
.
In it Mackenzie defended the use of
judicial torture
The prohibition of torture is a peremptory norm in public international lawmeaning that it is forbidden under all circumstancesas well as being forbidden by international treaties such as the United Nations Convention Against Torture . It is gene ...
in Scotland as legal. He said it was seldom used.
In the aftermath of the
Rye House Plot
The Rye House Plot of 1683 was a plan to assassinate King Charles II of England and his brother (and heir to the throne) James, Duke of York. The royal party went from Westminster to Newmarket to see horse races and were expected to make the ...
Charles II authorised the use of torture against
William Spence
William Guthrie Spence (7 August 1846 – 13 December 1926), was an Australian trade union leader and politician, played a leading role in the formation of both Australia's largest union, the Australian Workers' Union, and the Australian Labor ...
, secretary to
Archibald, Earl of Agyll, who was moved to Scotland. The Scottish privy council was reluctant, but eventually went beyond Scottish law in torturing Spence. Mackenzie visited
William Carstares
William Carstares (also Carstaires) (11 February 164928 December 1715) was a minister of the Church of Scotland, active in Whig politics.
Early life
Carstares was born at Cathcart, near Glasgow, Scotland, the son of the Rev. John Carstares, a ...
in prison in London, caught up in the same investigation, to warn him of the consequences of stubborn behaviour under questioning.
Other works were:
*''Religio Stoici'' (1663);
*''A Moral Essay preferring Solitude to Public Employment'' (1665);
*''Moral Gallantry'' (1667); and
*''The Moral History of Frugality'' (1691).
Legacy
Mackenzie was the founder of the
Advocates Library
The Advocates Library, founded in 1682, is the law library of the Faculty of Advocates, in Edinburgh. It served as the national deposit library of Scotland until 1925, at which time through an Act of Parliament the National Library of Scotland w ...
in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
. His inaugural oration there is dated 15 March 1689, so just before his departure south; but the evidence is that the oration was written some years before, and the library itself was operational from the early 1680s. The initiative followed Mackenzie's appointment as
Dean of the Faculty of Advocates
The Dean of the Faculty of Advocates, also known as the Dean of Faculty, is the head of the Faculty of Advocates, the independent body for advocates in Scotland. The Dean is elected by the whole membership.
List of deans of Faculty
* 1582 to ??? ...
, in 1682.
In Fiction
George Mackenzie of Rosehaugh features as a character in
John Galt
John Galt () is a character in Ayn Rand's novel ''Atlas Shrugged'' (1957). Although he is not identified by name until the last third of the novel, he is the object of its often-repeated question "Who is John Galt?" and of the quest to discover ...
's novel ''Ringan Gilhaize, or The Covenanters'' (1823).
Family
In 1662 Mackenzie married Elizabeth Dickson, daughter of
John Dickson, Lord Hartree, a
Senator of the College of Justice
The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); ...
.
They had:
*John (died young)
*Simon (died young)
*George (died young)
*Agnes, who married
James Stuart, later 1st
Earl of Bute
Marquess of the County of Bute, shortened in general usage to Marquess of Bute, is a title in the Peerage of Great Britain. It was created in 1796 for John Stuart, 4th Earl of Bute.
Family history
John Stuart was the member of a family that ...
*Elizabeth, who married first Sir Archibald Cockburn of Langton and secondly the Hon Sir James
Mackenzie of Royston, Bt.
His first wife died not later than 1667-1668 and in 1670 he married secondly Margaret, daughter of Haliburton of Pitcur. They had a son and two daughters:
*George, who married but died, without male issue, before his father
*Anne, who married Sir William Dick of Prestonfield
*Elizabeth, who married Sir John Stuart of Grandtully
References
*Patrick Cadell and Ann Matheson, editors (1989), ''For the Encouragement of Learning: Scotland's National Library 1689–1989'', Edinburgh, HMSO.
*
* (also: available at )
*
*
*
Notes
Further reading
*
*
;Attribution
*
External links
*
*
{{DEFAULTSORT:Mackenzie, George
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
People educated at the High School of Dundee
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Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
Mackenzie, George, of Rosehaugh
George
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Members of the Parliament of Scotland 1669–1674
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