James Peter Hymers Mackay, Baron Mackay of Clashfern (born 2 July 1927) is a British lawyer. He served as Dean of the Faculty of Advocates,

Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...

, and

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

(1987–1997). He was formerly an active member of the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

, where he sat as a

Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...

; he retired from the House on 22 July 2022.

Early life and education

Mackay was born in

Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...

on 2 July 1927. He won a scholarship to George Heriot's School, and then studied mathematics and physics at the

University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...

, receiving a joint MA in 1948. He taught mathematics for two years at the

University of St Andrews The University of St Andrews (, ; abbreviated as St And in post-nominals) is a public university in St Andrews, Scotland. It is the List of oldest universities in continuous operation, oldest of the four ancient universities of Scotland and, f ...

before moving to

Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...

, on a scholarship, from which he obtained a BA in mathematics in 1952. He then returned to Edinburgh University where he studied law, receiving an LLB (with distinction) in 1955.

Career

Mackay 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 const ...

in 1955. He was appointed a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1965. He was Sheriff Principal for Renfrew and Argyll from 1972 to 1974. In 1973 he became Vice-Dean of the Faculty on Advocates and from 1976 until 1979 served as its Dean, the leader of the Scots bar. In 1979, Mackay was appointed

, the senior law officer in Scotland, and was created a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

as Baron Mackay of Clashfern, of Eddrachillis in the District of Sutherland, taking his

territorial designation In the United Kingdom, a territorial designation follows modern Peerages in the United Kingdom, peerage titles, linking them to a specific place or places. It is also an integral part of all baronetcies. Within Scotland, a territorial designation ...

from his father's birthplace, a cottage beside Loch na Claise Fearna. After his retirement, Mackay sat in the House of Lords. He was also Commissary to the University of Cambridge until 2016. He is the editor-in-chief of ''

Halsbury's Laws of England ''Halsbury's Laws of England'' is an encyclopaedia of the law in England and Wales. It has an alphabetised title scheme for the areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Ass ...

'', the major legal work which states the law of England, first published in 1907; the post is usually held by a former Lord Chancellor. He is also a senior fellow o
The Trinity Forum
a Christian nonprofit organisation that supports the renewal of society through the development of leaders.

Family and religion

Mackay is the son of railway signalman James Mackay (who came from Claisfearn near Tarbet in

Sutherland Sutherland () is a Counties of Scotland, historic county, registration county and lieutenancy areas of Scotland, lieutenancy area in the Scottish Highlands, Highlands of Scotland. The name dates from the Scandinavian Scotland, Viking era when t ...

) and his wife Janet Hymers. Mackay married Elizabeth Gunn Hymers, of Halkirk, in 1958. They have a son, James, and two daughters, Elizabeth and Shona. Mackay was raised a member of the

Free Presbyterian Church of Scotland The Free Presbyterian Church of Scotland (FPC Church; , ) was formed in 1893. The Church identifies itself as the spiritual descendant of the Scottish Reformation. The Church web-site states that it is "the constitutional heir of the historic Chu ...

; as an adult he was an elder of the church. The church forbids its members to attend

Catholic The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

religious services; nevertheless Mackay attended two Catholic funeral masses for members of the judiciary (for Charles Ritchie Russell in 1986, and again for John Wheatley in 1988). Following the second mass Mackay was called before a church synod where he denied that he had broken the church's prohibition of showing "support for the doctrine of Catholicism", saying "I went there purely with the purpose of paying my respects to my dead colleagues." The church suspended Mackay from the eldership and from membership. The synod met again in Glasgow in 1989 to review the decision; the meeting asked Mackay to undertake not to attend further Catholic services, but he announced "I have no intention of giving any such undertaking as that for which the synod has asked", and later withdrew from the church. The dispute precipitated a schism, leading to the formation of the

Associated Presbyterian Churches The Associated Presbyterian Churches (APC) is a Presbyterian church, with congregations in Scotland, and formerly in Canada and New Zealand. It was formed in 1989 as a result of division in the Free Presbyterian Church of Scotland. History ...

. Mackay did not join the new communion, but worshipped with their Inverness congregation. As a Presbyterian, Mackay was a firm believer in moderation. At a gathering for the

, Mackay had laid on a spread of tea and toast, complete with a tiny pot of honey. One of the lawyers in attendance contemplated the pot and remarked, "I see your Lordship keeps a bee." Mackay is also the Honorary President of the Scottish Bible Society. He supported the society's programme to send a Bible to every court in Scotland and wrote in support of "The Bible in Scots Law", a pamphlet it distributed to Scottish lawyers which described the Bible as a "foundational source book for Scotland's legal system". He is a strict sabbatarian, refusing to work or travel on a Sunday, or even to give an interview if there is a chance it could be rebroadcast on the sabbath.

Honours and arms

Mackay was appointed a Knight of the Thistle by

Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...

on 27 November 1997. In 2007 the Queen appointed him to the office of

Lord Clerk Register The office of Lord Clerk Register (Scottish Gaelic: ''Clàr Morair Clèireach'') is the oldest remaining Great Officer of State in Scotland, with origins in the 13th century. It historically had important functions in relation to the maintenanc ...

, replacing David Charteris, 12th Earl of Wemyss. He retired from this office in November 2022, and was succeeded by Lady Elish Angiolini. He became a fellow of the

Royal Society of Edinburgh The Royal Society of Edinburgh (RSE) is Scotland's national academy of science and letters. It is a registered charity that operates on a wholly independent and non-partisan basis and provides public benefit throughout Scotland. It was establis ...

in 1984. In 1989, he was elected honorary fellow of

. He received an honorary doctorate from

Heriot-Watt University Heriot-Watt University () is a public research university based in Edinburgh, Scotland. It was established in 1821 as the School of Arts of Edinburgh, the world's first mechanics' institute, and was subsequently granted university status by roya ...

in 1990. He was awarded an honorary degree (Doctor of Laws) by the

University of Bath The University of Bath is a public research university in Bath, England. Bath received its royal charter in 1966 as Bath University of Technology, along with a number of other institutions following the Robbins Report. Like the University ...

in 1994 and by

Northumbria University Northumbria University (legally the University of Northumbria at Newcastle) is a Public research university, public research university located in Newcastle upon Tyne, North East England, North East of England. It has been a university since 199 ...

in 2017.

References

External links

*
Lord Mackay of Clashfern – Jurist, Reformer und Staatsmann
* Merk, "Lord Mackay of Clashfern", Bonner Rechtsjournal, Sonderausgabe 1/2012, S. 28 ff. * , - , - , - , - {{DEFAULTSORT:Mackay of Clashfern, James Mackay, Baron 1927 births Living people Lawyers from Edinburgh Politicians from Edinburgh Nobility from Edinburgh Academics of the University of St Andrews Alumni of Trinity College, Cambridge Alumni of the University of Edinburgh School of Law Conservative Party (UK) life peers Fellows of Girton College, Cambridge Knights of the Thistle Lord advocates Lord chancellors of Great Britain Lords High Commissioner to the General Assembly of the Church of Scotland Deans of the Faculty of Advocates Members of the Judicial Committee of the Privy Council Members of the Privy Council of the United Kingdom People educated at George Heriot's School Scottish Presbyterians Scottish King's Counsel Clashfern Contributors to Halsbury's Laws of England Life peers created by Elizabeth II Peers retired under the House of Lords Reform Act 2014 20th-century King's Counsel Fellows of the Royal Society of Edinburgh