James Mackay, Baron Mackay of Clashfern

James Peter Hymers Mackay, Baron Mackay of Clashfern (born 2 July 1927)<ref name="standrews"/> is a British lawyer. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He was formerly an active member of the House of Lords, where he sat as a Conservative; he retired from the House on 22 July 2022.<ref>Template:Cite web</ref>

Early life and education

Mackay was born in Edinburgh on 2 July 1927. He won a scholarship to George Heriot's School,<ref name="portraitbio"/> and then studied mathematics and physics at the University of Edinburgh, receiving a joint MA in 1948.<ref name="standrews"/> He taught mathematics for two years at the University of St Andrews before moving to Trinity College, Cambridge, on a scholarship, from which he obtained a BA in mathematics in 1952.<ref name="standrews"/> He then returned to Edinburgh University where he studied law, receiving an LLB (with distinction) in 1955.<ref name="standrews"/>

Career

File:James Mackay.jpg

Mackay giving a public lecture at LSE in 1989

Mackay was elected to the Faculty of Advocates in 1955. He was appointed a Queen's Counsel in 1965.<ref name="standrews"/> He was Sheriff Principal for Renfrew and Argyll from 1972 to 1974.<ref name="standrews"/> 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.<ref name="standrews"/>

In 1979, Mackay was appointed Lord Advocate, 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 from his father's birthplace, a cottage beside Loch na Claise Fearna.<ref name="independent_profile"/> 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, the major legal work which states the law of England, first published in 1907; the post is usually held by a former Lord Chancellor.<ref name="lexis"/>

Family and religion

File:National Law School of India University, Bangalore, India - 20130524-04.JPG

A tree planted in the grounds of the National Law School of India University in Bangalore by Lord Mackay of Clashfern

Mackay is the son of railway signalman James Mackay (who came from Claisfearn near Tarbet in Sutherland) and his wife Janet Hymers.<ref name="standrews"/> Mackay married Elizabeth Gunn Hymers, of Halkirk, in 1958. They have a son, James, and two daughters, Elizabeth and Shona.<ref>Template:Cite web</ref> Mackay was raised a member of the Free Presbyterian Church of Scotland; as an adult he was an elder of the church.<ref name="standrews"/> The church forbids its members to attend Catholic religious services; nevertheless Mackay attended two Catholic funeral masses for members of the judiciary (for Charles Ritchie Russell in 1986,<ref name="independent_profile"/> and again for John Wheatley in 1988).<ref name="standrews"/> 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."<ref name="latimes"/> The church suspended Mackay from the eldership and from membership.<ref name="standrews"/> 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",<ref name="toledoblade"/> and later withdrew from the church. The dispute precipitated a schism, leading to the formation of the Associated Presbyterian Churches. Mackay did not join the new communion, but Template:As of worshipped with their Inverness congregation.<ref name="independent_profile"/>

As a Presbyterian, Mackay was a firm believer in moderation. At a gathering for the Faculty of Advocates, 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."<ref>Template:Cite news</ref><ref>This jest is also associated with Jimmy Shand http://logicsrock.blogspot.com/2014/09/i-see-you-keep-bee-and-why-yessers.html.</ref> Mackay is also the Honorary President of the Scottish Bible Society.<ref name="biblesociety"/> He supported the society's programme to send a Bible to every court in Scotland<ref name="biblesociety"/> 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".<ref name="biblelaw"/> 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.<ref name="independent_profile"/>

Honours and arms

Template:Infobox manner of address Mackay was appointed a Knight of the Thistle by Queen Elizabeth II on 27 November 1997.<ref>Template:London Gazette</ref> In 2007 the Queen appointed him to the office of Lord Clerk Register, replacing David Charteris, 12th Earl of Wemyss.<ref name="executive"/> He retired from this office in November 2022, and was succeeded by Lady Elish Angiolini.<ref>Template:Cite web</ref> He became a fellow of the Royal Society of Edinburgh in 1984.<ref>Template:Cite news</ref> In 1989, he was elected honorary fellow of Trinity College, Cambridge.<ref name=Trinity>Template:Cite web</ref> He received an honorary doctorate from Heriot-Watt University in 1990.<ref>Template:Cite web</ref> He was awarded an honorary degree (Doctor of Laws) by the University of Bath in 1994<ref name="bath"/> and by Northumbria University in 2017.<ref>Template:Cite web</ref>

External links

• Template:UK Peer links
• Lord Mackay of Clashfern – Jurist, Reformer und Staatsmann Template:Webarchive
• Merk, "Lord Mackay of Clashfern", Bonner Rechtsjournal, Sonderausgabe 1/2012, S. 28 ff.
• Template:NPG name

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