SIR DAVID, a Scottish lawyer and judge, was born in Edinburgh, on the 28th October new style, 1726. His father was Sir James Dalrymple, of Hailes, Bart. and his mother Lady Christian Hamilton, a daughter of the earl of Haddington. His grandfather Sir David Dalrymple was the youngest son of the first Lord Stair, and is said to have been the ablest of that family, so much distinguished for ability. He was lord advocate for Scotland, in the reign of George I. and his son, Sir James, had the auditorship of the exchequer for life. Sir David Dalrymple was bred at Eton school, where he was distinguished as a scholar, and remarkable as a virtuous and orderly youth: from thence he went to the university of Utrecht, where he remained till after the rebellion in 1746. He was called to the bar at Edinburgh, 23d February 1748; where he was much admired for the elegant propriety of the cases he drew. He did not attain indeed to the highest rank as a practicing lawyer, but his character for sound knowledge and probity in the profession was great. He was appointed one of the judges of the Court of Session in the room of Lord Nefit, March 6th 1776, with the warmest approbation of the public; and in May 1776, one of the lords commissioners of Justiciary, in the room of Lord Coalston, who resigned. He took his seat on the bench, according to the usage of the Court of Session, by the title of Lord Hailes, the name by which he is generally known among the learned of Europe. As a judge of the supreme civil and criminal courts, he acted in the view of his country; from which he merited and obtained high confidence and approbation.

But he was not only conspicuous as an able and upright judge, and a sound lawyer; he was also eminent as a profound and accurate scholar; being a thorough master of classical learning, the belles lettres, and historical antiquities, particularly of his own country, to the study of which he was led by his profession. Indefatigable in the prosecution of the studies he cultivated, his time was sedulously devoted to the promotion of useful learning, piety, and virtue. Numerous are the works that have issued from his pen, all of them distinguished by uncommon accuracy, taste, and learning. Besides some occasional papers, both serious and humorous, of his composing, that appeared in the World; and a variety of communications, critical and biographical, in the Gentleman's Magazine, and other publications of like nature; he allotted some part of his time to the illustration and defence of primitive Christianity. In the year 1771 he composed a very learned and ingenious paper, or law-case, in the disputed peerage of Sutherland. He was one of the trustees of the Lady Elizabeth, the daughter of the last earl; and being then a judge, the names of two eminent lawyers were annexed to it. In that case, he displayed the greatest accuracy of research, and the most profound knowledge of the antiquities and rules of descent, in this country; which he managed with such dexterity of argument, as clearly to establish the right of his pupil, and to form a precedent, at the same time, for the decision of all such questions in future. In the year 1773, he published a small volume, entitled, "Remarks on the History of Scotland." These appeared to be the gleanings of the historical research which he was making at that time, and discovered his lordship's turn for minute and accurate inquiry into doubtful points of history, and at the same time displayed the candour and liberality of his judgement. This publication prepared the public for the favourable reception of the Annals of Scotland, in 2 vols 4to, the first of which appeared in 1776, and the second in 1779, and fully answered the expectations which he had raised. The difficulties attending the subject, the want of candour, and the spirit of party, had hitherto prevented our having a genuine history of Scotland, in times previous to those of Queen Mary; which had been lately written, in a masterly manner, by the elegant and judicious Dr Robertson. Lord Hailes carried his attention to the Scottish history, as far back as to the accession of Malcolm Canmore, in 1057, and his work contains the annals of 14 princes, from Malcolm III. to the death of David II. And happy it was that the affairs of Scotland attracted the talents of so able a writer, who to the learning and skill of a lawyer, joined the industry and curiosity of an antiquarian; to whom no object appears frivolous or unimportant, that serves to elucidate his subject. Lord Hailes has so well authenticated his work by references to historians of good credit, or deeds and writings of undoubted authority; and has so happily cleared it from fable, uncertainty, and conjecture, that every Scotman, since its appearance, has been able to trace back, with confidence in genuine memoirs, the history of his country, for 736 years, and may revere the memory of the reliable judge, who with indefatigable industry, and painful labour, has removed the rubbish under which the precious remains were concealed.

Lord Hailes at first intended, as appears by an advertisement prefixed to his work, to carry down his Annals to the accession of James I. but to the great disappointment of the public, he stopped short at the death of David II. and a very important period of our history still remains to be filled up by an able writer. Lord Hailes's Annals of Scotland, it is believed, stand unrivalled in the English language, for a purity and simplicity of style, an elegance, perspicuity, and conciseness of narration, that particularly suited the form of his work; and is entirely void of that false ornament and flatly gait, which makes the works of some other writers appear in gigantic, but fictitious majesty. In 1786, Lord Hailes came forward with the excellent Dr Watson, and other writers in England, to repel Mr Gibbon's attack on Christianity, and published a 4to volume, entitled, "An Enquiry into the Secondary causes which Mr Gibbon has assigned for the rapid Progress of Christianity," in which there is a great display of literary acumen, and of zeal for the cause he espouses, without the rancour of theological controversy. This was the last work he sent from the press, except a few biographical sketches of eminent Scotchmen, designed as specimens of a Biographia Scoticana, which he justly considered as a desideratum in our literature; Dalrymple. terature; and which it is much to be regretted, the infirmities of age, increasing fast upon him, did not allow him to supply; for he was admirably qualified for the undertaking, not only by his singular diligence and candour, but from the uncommon extent and accuracy of his literary and biographical knowledge: in which, it is believed, he excelled all his contemporaries.

Although his lordship's constitution had been long in an enfeebled state, he attended his duty on the bench till within three days of his death, which happened on the 29th of November 1792, in the 66th year of his age. His lordship was twice married. By his first wife, Ann Brown, daughter of Lord Coalston, he left issue one daughter, who inherits the family estate. His second marriage, of which there is issue also one daughter, was to Helen Fergusson, youngest daughter of Lord Kilkerran, who survived him. Though our church does not encourage funeral discourses in general, because they are liable to much abuse, a very laudable endeavour was made, in these degenerate times, to render his lordship's pre-eminent talents and virtues a theme of instruction to mankind, in a sermon preached, soon after his death, in the church of Inveresk, by his learned friend, and venerable pastor, Dr Carlyle; from which we shall transcribe a summary view of his character as a judge, a scholar, a Christian, and a citizen. "His knowledge of the laws was accurate and profound, and he applied it in judgment with the most scrupulous integrity. In his proceedings in the criminal court, the satisfaction he gave to the public could not be surpassed. His abhorrence of crimes, his tenderness for the criminals, his respect for the laws, and his reverential awe of the Omniscient Judge, inspired him, on some occasions, with a commanding sublimity of thought, and a feeling solemnity of expression, that made condemnation seem just, as the doom of Providence, to the criminals themselves, and raised a salutary horror of crimes in the breasts of the audience. Conscious of the dignity and importance of the high office he held, he never departed from the decorum that becomes that reverend character; which indeed it cost him no effort to support, because he acted from principle and sentiment, both public and private. Affectionate to his family and relations, simple and mild in his manners, pure and conscientious in his morals, enlightened and entertaining in his conversation; he left society only to regret, that, devoted as he was to more important employments, he had so little time to spare for intercourse with them. He was well known to be of high rank in the republic of letters, and his loss will be deeply felt through many of her departments. His labours in illustration of the history of his country, and many other works of profound erudition, remain as monuments of his accurate and faithful research for materials, and his sound judgment in the selection of them. Of his unfeigned piety and devotion, you have very often been witnesses where we now are. I must add, however, that his attendance on religious ordinances, was not merely out of respect to the laws, and for the sake of example, (motives which should never fail to have influence on persons of superior rank, for the most obvious reasons;) but from principle and conviction, and the most conscientious regard to his duty: for he not only practised all the virtues and charities in proof of his faith, but he demonstrated the sincerity of his zeal, by the uncommon pains he took to illustrate primitive Christianity, and by his elaborate and able defences of it against its enemies. His profound researches into history, and his thorough knowledge of the laws, made him perfectly acquainted with the progress of the constitution of Britain, from the first dawn of liberty in the common law of the land, and the trial by jury, which precede all written records, and afterwards in the origin and establishment of parliaments, through all its vicissitudes and dangers, till at last, by the blessing of divine Providence, which brought many wonderful events to concur to the same end, it was renewed, strengthened, and finally confirmed by the Revolution. It was this goodly and venerable fabric of the British constitution which the deceased most respectable character contemplated with admiration and delight, (of late indeed with a mixture of anxiety and fear) as the temple of piety, as the genuine source of greater happiness and freedom, to a larger portion of mankind, than ever flowed from any government upon earth. Ill indeed can the times bear the loss of such an affectionate patriot, and able guardian of the laws of his country. But we must not murmur at the will of Providence, which in its mercy may have withdrawn the good man from the evil to come. In mercy, I say, to him, whose righteous spirit was so deeply grieved, when he saw the wicked rage, and the people imagine a vain thing." Such is the memorial which, in the hour of recent sorrow, followed this excellent man to the grave! Beside the works already mentioned, Lord Hailes published a great number of others, which consisted chiefly of re-editions and translations of old works, and editions of MS. papers.