James Mackay, Baron Mackay Of Clashfern
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James Peter Hymers Mackay, Baron Mackay of Clashfern, (born 2 July 1927) is a British advocate. He served 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 ??? ...
,
Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
, and
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
(1987–1997). He is a former active member of the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
, where he sat as a
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
. He retired from the House on 22 July 2022.


Early life and education

Mackay was born in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...
on 2 July 1927. He won a scholarship to
George Heriot's School George Heriot's School is a Scottish independent primary and secondary day school on Lauriston Place in the Old Town of Edinburgh, Scotland. In the early 21st century, it has more than 1600 pupils, 155 teaching staff, and 80 non-teaching staff. ...
, and then studied mathematics and physics at the
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
, receiving a joint MA in 1948. He taught mathematics for two years at 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 ...
before moving to
Trinity College, Cambridge Trinity College is a 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 college at either Cambridge or Oxford. ...
, 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 constit ...
in 1955. He was appointed a
Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
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 Dean may refer to: People * Dean (given name) * Dean (surname), a surname of Anglo-Saxon English origin * Dean (South Korean singer), a stage name for singer Kwon Hyuk * Dean Delannoit, a Belgian singer most known by the mononym Dean Titles * ...
, the leader of the Scots bar. In 1979, Mackay was appointed
Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
, the senior law officer in Scotland, and was created a life peer 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 peerage titles, linking them to a specific place or places. It is also an integral part of all baronetcies. Within Scotland, a territorial designation proclaims a relationship with ...
from his father's birthplace, a cottage beside Loch na Claise Fearna. Since 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'', 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 that supports the renewal of society through the development of leaders.


Family and religion

Mackay is the son of
railway signalman :''This article deals with rail traffic controllers in Great Britain and Ireland; for similar functions in other jurisdictions, see Train dispatcher.'' A signalman or signaller is an employee of a railway transport network who operates the points ...
James Mackay (who came from Claisfearn near Tarbet in Sutherland) and his wife Janet Hymers. Mackay married Elizabeth Gunn Hymers, of
Halkirk Halkirk ( gd, Hàcraig) is a village on the River Thurso in Caithness, in the Highland council area of Scotland. From Halkirk the B874 road runs towards Thurso in the north and towards Georgemas in the east. The village is within the parish o ...
, 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 ( gd, An Eaglais Shaor Chlèireach, ) 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 he ...
; 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 largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
religious services; nevertheless Mackay attended two Catholic
funeral mass A Requiem or Requiem Mass, also known as Mass for the dead ( la, Missa pro defunctis) or Mass of the dead ( la, Missa defunctorum), is a Mass of the Catholic Church offered for the repose of the soul or souls of one or more deceased persons, ...
es for members of the judiciary (for
Charles Ritchie Russell Charles Ritchie Russell, Baron Russell of Killowen, PC (12 January 1908 – 23 June 1986) was a British lawyer and judge who served as a lord of appeal in ordinary between 1975 and 1982. Biography Russell was born in London, the son of F ...
in 1986, and again for
John Wheatley John Wheatley (19 May 1869 – 12 May 1930) was a Scottish socialist politician. He was a prominent figure of the Red Clydeside era. Early life and career Wheatley was born to Thomas and Johanna Wheatley in Bonmahon, County Waterford, Ire ...
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 Church. Mackay did not, however, initially join the new communion, but now worships with their Inverness congregation. As a Presbyterian, Mackay was a firm believer in moderation. At a gathering for 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 constit ...
, 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 Sabbatarianism advocates the observation of the Sabbath in Christianity, in keeping with the Ten Commandments. The observance of Sunday as a day of worship and rest is a form of first-day Sabbatarianism, a view which was historically heralded ...
, 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 A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
by Queen Elizabeth II on 27 November 1997. In 2007 the Queen appointed Lord Mackay to the office of
Lord Clerk Register The office of Lord Clerk Register is the oldest surviving Great Officer of State in Scotland, with origins in the 13th century. It historically had important functions in relation to the maintenance and care of the public records of Scotland. To ...
, replacing
David Charteris, 12th Earl of Wemyss Francis David Charteris, 12th Earl of Wemyss and 8th Earl of March (19 January 1912 – 12 December 2008), styled Lord Elcho from 1916 to 1937, was a Scottish peer, landowner and conservationist. From 1946 to 1991, he served as chairman of ...
. Mackay became a Fellow of
The Royal Society of Edinburgh The Royal Society of Edinburgh 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 established i ...
in 1984. In 1989, Mackay was elected Honorary Fellow of
Trinity College, Cambridge Trinity College is a 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 college at either Cambridge or Oxford. ...
. Mackay also received an Honorary Doctorate from Heriot-Watt University in 1990. He was awarded an Honorary Degree (Doctor of Laws) by the
University of Bath (Virgil, Georgics II) , mottoeng = Learn the culture proper to each after its kind , established = 1886 (Merchant Venturers Technical College) 1960 (Bristol College of Science and Technology) 1966 (Bath University of Technology) 1971 (univ ...
in 1994 and by Northumbria University 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, James 1927 births Living people 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 Lawyers from Edinburgh Scottish Presbyterians Scottish King's Counsel Clashfern Contributors to Halsbury's Laws of England Politicians from Edinburgh Life peers created by Elizabeth II