The Lord Advocates house at the foot of Advocates Close

Sir James Stewart (or Steuart) of Goodtrees (1635–1713) was a Scottish lawyer, political opponent of the Stuarts monarchy, and reforming Lord Advocate of Scotland from 1692 to 1713. The Jacobites nicknamed him Jamie Wylie.

Early life

James Stewart was the fourth son of Sir James Steuart of Coltness (1608–1681), a banker in Edinburgh and

Lord Provost of Edinburgh The Right Honourable Lord Provost of Edinburgh is the convener of the City of Edinburgh local authority, who is elected by the city council and serves not only as the chair of that body, but as a figurehead for the entire city, ex officio the ...

, and Anne Hope, niece of Sir Thomas Hope. He was the brother of Sir Robert Steuart, 1st Baronet of Allanbank (1643–1707) and Sir Thomas Stewart of Coltness, 1st Baronet.

Career

He was called to the bar on 20 November 1661, but lost almost all his practice defending his father against a charge of embezzlement.

In exile

Stewart found it necessary to leave the country because of a pamphlet, and went to Rouen, where he became a merchant under the name of Graham. Some years afterwards he returned to Scotland, but he was suspected of having had a hand in a further political pamphlet, ''An Account of Scotlands Grievances by reason of the Duke of Lauderdale's Ministry'' (1675), an order was issued for his apprehension. He escaped, and lay in England under the name of Lawson. In 1678, Stewart opened a small office in London, where he gave legal advice at half fees, his clerk meeting the clients and transmitting their statements to the invisible Stewart. Returning to Scotland in 1679, he again got into trouble in 1681, when among the papers of

Archibald Campbell, 9th Earl of Argyll Archibald Campbell, 9th Earl of Argyll (26 February 1629 – 30 June 1685) was a Scottish peer and soldier. The hereditary chief of Clan Campbell, and a prominent figure in Scottish politics, he was a Royalist supporter during the latter stage ...

a memorandum in his hand was found, reflecting on the government. He took refuge in

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

. He was present at the meeting at

Amsterdam Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the capital and most populous city of the Netherlands, with The Hague being the seat of government. It has a population of 907,976 within the city proper, 1,558,755 in the urban ar ...

in 1685, when the expedition of Argyll was resolved on. Stewart having prepared Argyll's declaration of war, he was accused of treasonably consulting and contriving Argyll's rebellion, He was found guilty in his absence. His sentence was to be executed whenever he could be found.

Later life

Stewart was pardoned by

James II of Great Britain James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Gloriou ...

in 1687, and returned to London. His actions have been interpreted as those of a

double agent In the field of counterintelligence, a double agent is an employee of a secret intelligence service for one country, whose primary purpose is to spy on a target organization of another country, but who is now spying on their own country's organ ...

. On account of his supposed influence with the presbyterian party, he was received into favour, and employed to conduct crown cases along with George Mackenzie. In 1692, after the Glorious Revolution, Stewart was appointed Lord Advocate, and during his term of office introduced legal reforms in Scotland. He was elected

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 ??? ...

until 1695. In December 1696 Stewart was the prosecutor in the last execution for blasphemy in the United Kingdom with the case of

Thomas Aikenhead Thomas Aikenhead ( bapt. 28 March 1676 – 8 January 1697) was a Scottish student from Edinburgh, who was prosecuted and executed at the age of 20 on a charge of blasphemy under the Act against Blasphemy 1661 and Act against Blasphemy 1695. ...

. Stewart demanded the death penalty to set an example to others who might otherwise express such opinions in the future. He resigned his position as Lord Advocate in 1709. He died in 1715 in his house at the foot of what is now Advocates Close, and was 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 ...

. Stewart is the advocate who gives his name to

Advocates Close Advocates Close is a narrow and steep alley in Edinburgh of medieval origin, redeveloped in the early 21st century. With a multiplicity of steps it is not accessible to disabled persons. The close leads from Market Street at the foot of Cockburn ...

Works

An anonymous work ''Naphthali, or, The Wrestlings of the Church of Scotland'' (1667) is now attributed to Stewart and the Covenanter minister James Stirling, with Stewart supplying the legal portion. It defended the Pentland Rising of 1666, in the context of the repression of the Presbyterians since 1660. In 1669 Stewart published a political pamphlet ''Jus Populi Vindicatum, or the People's Right to defend themselves, and their Covenanted Reign vindicated'', as a reply to Andrew Honeyman's ''Survey of Naphtali'' (1668).

Family

He was married to Agnes Traill (1646-1690), daughter of Rev. Robert Traill. Anne was the widow of James Maxwell of Blawarthill.H. Pirie-Gordon, editor, Burke's Genealogical and Heraldic History of the Landed Gentry, 15th edition, (London, England: Burke's Peerage Ltd, 1937), page 1651. Hereinafter cited as Burke's Landed Gentry, 15th ed. Among Stewart's children, among which he had only one son, were: *

Sir James Stewart, 1st Baronet Sir James Stewart, 1st Baronet (or Steuart; 1681 – 9 August 1727) was a Scottish lawyer and politician. Early life He was the first son of Sir James Stewart of Goodtrees (1635–1713) by his first wife Agnes, daughter of the Rev. Robert Trail ...

(1681–1727), the solicitor-general, who married Anne Dalrymple, daughter of the Lord North Berwick, the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...

*Anne Stewart, who married William Mure of Caldwell.

Descendants

His grandson was Sir James Steuart-Denham 3rd Baronet of Goodtrees and 7th Baronet of Coltness, (1713–1780) the elder Sir James Steuart-Denham.R.G. Thorne
"Lanarkshire"
in ''The House of Commons, 1790-1820'', 1986, vol. 2 Another grandson was William Mure (1718–1776), a Member of Parliament from

Renfrewshire Renfrewshire () ( sco, Renfrewshire; gd, Siorrachd Rinn Friù) is one of the 32 council areas of Scotland. Located in the west central Lowlands, it is one of three council areas contained within the boundaries of the historic county of Re ...

Notes

;Notes ;Sources {{DEFAULTSORT:Stewart, James 1635 births 1713 deaths Lord Advocates Members of the Faculty of Advocates Lawyers from Edinburgh Scottish expatriates in France Deans of the Faculty of Advocates Scottish pamphleteers People convicted of treason People sentenced to death in absentia Recipients of Scottish royal pardons Burials at Greyfriars Kirkyard