James Peter Hymers Mackay, Baron Mackay of Clashfern, (born 2 July 1927)
is a British
advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
. 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
, 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
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. The ...
(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 Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
, 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 i ...
. 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 of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
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 Henry VIII, King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge ...
, 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
![James Mackay](https://upload.wikimedia.org/wikipedia/commons/9/9e/James_Mackay.jpg)
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 constitu ...
in 1955. He was appointed a
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
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
, 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 ...
, 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. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...
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
''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authorit ...
'', 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 a ...
James Mackay (who came from Claisfearn near
Tarbet in
Sutherland
Sutherland ( gd, Cataibh) is a historic county, registration county and lieutenancy area in the Highlands of Scotland. Its county town is Dornoch. Sutherland borders Caithness and Moray Firth to the east, Ross-shire and Cromartyshire (later ...
) and his wife Janet Hymers.
Mackay married Elizabeth Gunn Hymers, of
Halkirk
Halkirk ( gd, HÃ craig) 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 hei ...
; 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 constitu ...
, 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
Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 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. She was queen ...
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. Tod ...
, 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 Henry VIII, King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge ...
.
Mackay also received an Honorary Doctorate from
Heriot-Watt University
Heriot-Watt University ( gd, Oilthigh Heriot-Watt) 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 subsequently granted univ ...
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
, mottoeng = A lifetime of learning
, established = 1877 - Rutherford College of Technology1969 - Newcastle Polytechnic1992 - gained university status
, type = Public
, budget = Â ...
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