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Updated: June 18, 2025
Ultimately, under the award of Lord Cockburn and Mr. John Hope, afterwards Lord Justice-Clerk, the two institutions amalgamated under the name of the Royal Scottish Academy.
"It seems rather funny," he writes, "that this matter should come up just now, as I am at present engaged in treating a severe case of middle age in one of my stories, 'The Justice-Clerk. The case is that of a woman, and I think I am doing her justice. You will be interested, I believe, to see the difference in our treatments.
* The signatures affixed to the death-warrant of Captain Porteous were Andrew Fletcher of Milton, Lord Justice-Clerk. Sir James Mackenzie, Lord Royston. David Erskine, Lord Dun. Sir Walter Pringle, Lord Newhall. Sir Gilbert Elliot, Lord Minto. "The hour's come, but not the man."*
To this day, of winter nights, when the sleet is on the window and the cattle are quiet in the byre, there will be told again, amid the silence of the young and the additions and corrections of the old, the tale of the Justice-Clerk and of his son, young Hermiston, that vanished from men's knowledge; of the two Kirsties and the four Black Brothers of the Cauldstaneslap; and of Frank Innes, "the young fool advocate," that came into these moorland parts to find his destiny.
They gather a following, and after a great fight break the prison where Archie lies confined, and rescue him. He and young Kirstie thereafter escape to America. But the ordeal of taking part in the trial of his own son has been too much for the Lord Justice-Clerk, who dies of the shock.
The use of a local police force must be measured, not by what it detects and punishes, but by what it prevents, or may reasonably be supposed to prevent.... The Lord Justice-Clerk made some very sound and strong remarks on the nature of the outrage; but he added: 'Whether it was necessary on the part of Mr.
See 1 King Henry IV., Act II. Sc. 1. John Hope, Esq., was at this time Solicitor-General for Scotland, afterwards Lord Justice-Clerk from 1841 until his death in 1858. Henry Dundas, the first Viscount Melville, first appeared in Parliament as Lord Advocate of Scotland. Robert Sym Wilson, Esq., W.S., Secretary to the Royal Bank of Scotland. The Right Hon.
Strong says simply that the Lord Justice-Clerk, like an old Roman, condemns his son to death; but I am assured on the best legal authority of Scotland that no judge, however powerful either by character or office, could have insisted on presiding at the trial of a near kinsman of his own.
* The signatures affixed to the death-warrant of Captain Porteous were Andrew Fletcher of Milton, Lord Justice-Clerk. Sir James Mackenzie, Lord Royston. David Erskine, Lord Dun. Sir Walter Pringle, Lord Newhall. Sir Gilbert Elliot, Lord Minto. "The hour's come, but not the man."*
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