The Right Hon. Robert Dundas of Arniston, Lord Chief
Baron of the Court of Exchequer, was eldest son of the second Lord
President Dundas, and was born on the 6th of June, 1758. He was educated
for the legal profession, and became a member of the Faculty of
Advocates in the year 1779; immediately after which, he was appointed
Procurator for the Church of Scotland.\
On the
promotion of Sir Hay Campbell to the office of Lord Advocate, Mr. Dundas,
then a very young man, succeeded him as Solicitor-General ; and on the
elevation of the former to the Presidency, the latter was appointed to
supply his place as Lord Advocate, being then only in the 31st year of
his age. This office he held for twelve years, during which time he
sat in Parliament as member for the county of Edinburgh. On the
resignation of Chief Baron Montgomery, in the year 1801, he was
appointed his successor. His lordship held this office till within a
short time of his death, which happened at Arniston on the 17th June,
1819, in the sixty-second year of his age. At this period his lordship
resided in St. John's Street, Canongate.
The
excellencies which marked the character of his lordship were many, and
all of the most amiable and endearing kind. In manner, he was mild and
affable; in disposition, humane and generous ; and in principle,
singularly tolerant and liberal—qualities which gained him universal
esteem.
As presiding judge of the Court of Exchequer,
he on every occasion evinced a desire to soften the rigour of the law
when a legitimate opportunity presented itself for doing so. If it
appeared to his lordship that an offender had erred unknowingly, or from
inadvertency, he invariably interposed his good offices to mitigate the
sentence. By the constitution of this court it was assumed that the king
could not be subjected in expenses: thus when a party was acquitted—no
unfrequent occurrence—he had to bear his own costs, which were always
very considerable—but the Lord Chief Baron, whenever he thought that the
party had been unjustly accused, invariably recommended to Government
that he should be repaid what he had expended, and his recommendations
were uniformly attended to.
"It was in private life,
however," says his biographer, "and within the circle of his own family
and friends, that the virtues of this excellent man were chiefly
conspicuous, and that his loss was most severely felt. Of him it may be
said, as was most emphatically said of one of his brethren on the bench,
he died, leaving no good man his enemy, and attended with that sincere
regret which only those can hope for who have occupied the like
important stations, and acquitted themselves as well." |