James Mackay, Baron Mackay of Clashfern

James Peter Hymers Mackay, Baron Mackay of Clashfern, KT, PC, QC, FRSE (born 2 July 1927)[1] is a British advocate. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He is an active member of the House of Lords where he sits as a Conservative.

The Right Honourable The Lord Mackay of Clashfern KT PC QC FRSE
Lord Clerk Register
Incumbent
Assumed office 27 April 2007
Monarch	Elizabeth II
Preceded by	The Earl of Wemyss
Shadow Lord Chancellor
In office 2 May 1997 – 11 June 1997
Leader	John Major
Preceded by	The Lord Irvine of Lairg
Succeeded by	The Lord Kingsland
Lord High Chancellor of Great Britain
In office 28 October 1987 – 2 May 1997
Prime Minister	Margaret Thatcher John Major
Preceded by	The Lord Havers
Succeeded by	The Lord Irvine of Lairg
Lord of Appeal in Ordinary
In office 1 October 1985 – 28 October 1987
Preceded by	The Lord Fraser of Tullybelton
Succeeded by	The Lord Jauncey of Tullichettle
Lord Advocate
In office 5 May 1979 – 16 May 1984
Prime Minister	Margaret Thatcher
Preceded by	Ronald King Murray
Succeeded by	The Lord Cameron of Lochbroom
Member of the House of Lords Lord Temporal
Incumbent
Assumed office 11 July 1979 Life Peerage
Personal details
Born	(1927-07-02) 2 July 1927 Edinburgh, Scotland
Political party	Conservative
Alma mater	University of Edinburgh Trinity College, Cambridge

Early life and education

Mackay was born in Edinburgh, the son of railway signalman James Mackay (who came from Claisfearn near Tarbet in Sutherland) and his wife Janet Hymers.[1] He won a scholarship to George Heriot's School,[2] and then studied mathematics and physics at the University of Edinburgh, receiving a joint MA in 1948.[1] 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.[1] He then returned to Edinburgh University where he studied law, receiving an LLB (with distinction) in 1955.[1]

Career

Mackay was elected to the Faculty of Advocates in 1955. He was appointed a Queen's Counsel in 1965.[1] He was Sheriff Principal for Renfrew and Argyll from 1972 to 1974.[1] 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.[1]

Mackay giving a public lecture at LSE in 1989

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.[3] Since his retirement, Mackay has sat in the House of Lords and was 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.[4] He is also a Senior Fellow of The Trinity Forum, a Christian nonprofit that supports the renewal of society through the development of leaders.

Religion

Mackay was raised a member of the Free Presbyterian Church of Scotland; as an adult he was an elder of the church.[1] The church forbids its members to attend Roman Catholic religious services; nevertheless Mackay attended two Catholic funeral masses for members of the judiciary (for Charles Ritchie Russell in 1986,[3] and again for John Wheatley in 1988).[1] 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 Roman Catholicism", saying "I went there purely with the purpose of paying my respects to my dead colleagues."[5] The church suspended Mackay from the eldership and from membership.[1] 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",[6] 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.[3]

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

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."[7] Mackay is also the Honorary President of the Scottish Bible Society.[8] He supported the society's programme to send a Bible to every court in Scotland[8] 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".[9] 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.[3]

Honours and arms

Styles of The Lord Mackay of Clashfern
Reference style	His Lordship
Spoken style	Your Lordship
Alternative style	Sir

Mackay was appointed a Knight of the Thistle by the Queen Elizabeth II on 27 November 1997.[10] In 2007 the Queen appointed Lord Mackay to the office of Lord Clerk Register, replacing David Charteris, 12th Earl of Wemyss.[11] Mackay became a Fellow of The Royal Society of Edinburgh in 1984.[12] In 1989, Mackay was elected Honorary Fellow of Trinity College, Cambridge.[13] Mackay also received an Honorary Doctorate from Heriot-Watt University in 1990 [14] He was awarded an Honorary Degree (Doctor of Laws) by the University of Bath in 1994[15] and by Northumbria University in 2017.[16]

Coat of arms of James Mackay, Baron Mackay of Clashfern

Crest A Dexter Arm couped at the Elbow proper the hand grasping a Pair of Balances Or Escutcheon Azure on a Chevron Argent between two Bears' Heads couped Argent muzzled Gules in chief and a Fleece Argent in base a Roebuck's Head erased between two Hands grasping Daggers the points turned towards the buck's head all proper Supporters Dexter: a Male Figure attired in the Robes of the Lord High Chancellor; Sinister: a Male Figure attired in the Robes of one of Her Majesty's Counsel learned in the Law in Scotland proper Motto Manu Justi (With the hand of a just man) [17]

References

1. J J O'Connor and E F Robertson (April 2006). "James Peter Hymers Mackay". The MacTutor History of Mathematics archive. School of Mathematics and Statistics, University of St Andrews.
2. "James Mackay, Lord Mackay of Clashfern, b. 1927. Judge and Lord Chancellor". National Galleries of Scotland.
3. Cal McCrystal (12 December 1993). "Profile: Never on a Sunday: The Lord Chancellor is a tireless legal reformer, but only six days a week". The Independent.
4. "Halsbury's Laws : History". LexisNexis.
5. "British Lord Goes to Funerals, Loses Church Post". Associated Press (Los Angeles Times). 6 November 1988. Retrieved 10 July 2012.
6. "British official quits church over its curbs". Toledo Blade. 28 May 1989. p. 5.
7. Jenny McCartney (18 May 2008). "How little Leo Blair was conceived is definitely too much information". Telegraph. Retrieved 27 February 2017.
8. "Bibles for the courts". Scottish Bible Society. July 2010. Archived from the original on 29 August 2010.
9. Hector L MacQueen and Scott Wortley (22 August 2010). "The Bible in Scots law". Scots Law News. School of Law, University of Edinburgh. Archived from the original on 23 July 2012.
10. "No. 24306". The Edinburgh Gazette. 28 November 1997. p. 3025.
11. "Lord Clerk Register appointed". Scottish Executive.
12. "Lord James Peter Hymers Mackay of Clashfern KT PC QC FRSE - The Royal Society of Edinburgh". The Royal Society of Edinburgh. Retrieved 4 January 2018.
13. "Trinity College, Cambridge – Honorary Fellows". Trinity College, Cambridge. Retrieved 4 March 2014.
14. [e-mail]. "Heriot-Watt University Edinburgh: Honorary Graduates". www1.hw.ac.uk. Retrieved 4 April 2016.
15. "Honorary Graduates 1989 to present". bath.ac.uk. University of Bath. Retrieved 18 February 2012.
16. http://newsroom.northumbria.ac.uk/pressreleases/former-lord-chancellor-honoured-by-northumbria-university-2066847
17. http://www.cracroftspeerage.co.uk/online/content/lp1958%20m.htm

External links

• Profile at the Parliament of the United Kingdom
• Contributions in Parliament at Hansard 1803–2005
• Current session contributions in Parliament at Hansard
• Voting record at PublicWhip.org
• Record in Parliament at TheyWorkForYou.com
• Profile at Westminster Parliamentary Record
• Profile at BBC News Democracy Live
• Works by or about James Mackay, Baron Mackay of Clashfern in libraries (WorldCat catalog)
• Lord Mackay of Clashfern – Jurist, Reformer und Staatsmann
• Merk, "Lord Mackay of Clashfern", Bonner Rechtsjournal, Sonderausgabe 1/2012, S. 28 ff.

Legal offices
Preceded by Ronald Murray	Lord Advocate 1979–1984	Succeeded by The Lord Cameron of Lochbroom
Political offices
Preceded by The Lord Havers	Lord High Chancellor of Great Britain 1987–1997	Succeeded by The Lord Irvine of Lairg
Preceded by The Lord Irvine of Lairg	Shadow Lord Chancellor 1997	Succeeded by The Lord Kingsland
Preceded by The Earl of Wemyss	Lord Clerk Register 2007–present	Incumbent