Sir James Stewart (Lord Advocate)

Not to be confused with Sir James Stewart, 1st Baronet.

Sir James Stewart or Steuart (1635–1713) was a Scottish lawyer, political opponent of the Stuarts, and reforming Lord Advocate of Scotland.

Sir James Stewart, portrait by John Baptist Medina

Life

He was the fourth son of Sir James Steuart of Coltness, a banker in Edinburgh, by Anne Hope, niece of Sir Thomas Hope. He was called to the bar on 20 November 1661, but lost almost all his practice defending his father against a charge of embezzlement.[1]

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 in England under the name of Lawson.[1]

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 a memorandum in his hand was found, reflecting on the government. He took refuge in The Hague. He was present at the meeting at Amsterdam in 1685, when the expedition of Argyll was resolved on.[1]

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.[1]

Later life

Stewart was pardoned by James II of Great Britain in 1687, and returned to London.[1] His actions have been interpreted as those of a double agent.[2] 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.[1]

In 1692, after the Glorious Revolution, Stewart was appointed Lord Advocate, and during his term of office introduced legal reforms in Scotland. He resigned office in 1709, and, dying in 1715, was buried in the church of Old Grey Friars.[1]

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.[3] 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).[1]

Family

Stewart's only son, Sir James Stewart, 1st Baronet of Goodtrees and Coltness, became solicitor-general and was father of Sir James Steuart-Denham the elder.[1]

Notes

  1. 1 2 3 4 5 6 7 8 9  Lee, Sidney, ed. (1898). "Steuart, James". Dictionary of National Biography 54. London: Smith, Elder & Co.
  2. ↑ Beisner, E. Calvin. "Stewart, Sir James, of Goodtrees". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/26418. (Subscription or UK public library membership required.)
  3. ↑ Andrew Hiscock (2007). Mighty Europe 1400-1700: Writing an Early Modern Continent. Peter Lang. pp. 38–9. ISBN 978-3-03911-074-2. Retrieved 6 August 2013.
Attribution

 This article incorporates text from a publication now in the public domain: Lee, Sidney, ed. (1898). "Steuart, James". Dictionary of National Biography 54. London: Smith, Elder & Co. 

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