Robert McFarlane (1802 - 1880)

Born 30 Jul 1802 in Glen Douglas near Luss in Dunbartonshire

Ancestors

Husband of Grace Adinston (Greig) McFarlane — married 21 Oct 1845 in Edinburgh, Edinburghshire, Scotland, United Kingdom

Died 3 Nov 1880 at age 78 in Jedburgh, Roxburghshire, Scotland, United Kingdom

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Biography

The Hon. Robert MacFarlane, Lord Ormidale FRSE , born 30 Jul 1802, Glendouglas, Dumbartonshire Scotland, was a Scottish law lord and a Senator of the College of Justice.

He was the son of Parlane Mcfarlane and Anne Campbell. Baptised the 25 Aug 1802, Luss, Dumbartonshire, Scotland.^[1]

Educated at the Universities of Edinburgh and Glasgow, he served a legal apprenticeship in the office of Mr Alexander Greig, W.S., Edinburgh, before commencing business as a Writer to the Signet in 1827, in conjunction with Roderick MacKenzie. ^[2]

In 1838 was admitted as a member of the faculty of Advocates. For a number of years he had the largest practice as junior counsel at the bar, and was so frequently engaged in jury trials that among his associates he was known by the name of “Jury Bob”.

He married Grace Adinston Greig, 21 Oct 1845, at Edinburgh^[3]. They had 8 children together.^[4]

In 1853 he was made Sheriff of Renfrewshire^[5]

In 1862 he was elevated to the bench, taking his title from the estate of Ormidale in Argyllshire, of which he was one of the many heirs entail.^[6]

In 1874 he went to the Inner House, taking his seat on the Second Division bench in succession to Lord Cowen. During his career as an advocate he was engaged as junior counsel in the celebrated Torbane Hill case, which lasted over eight days, and was also one of the counsel in the trial of the Western Bank directors.

As a judge, Lord Ormidale was celebrated for his jury trial work. His judgements as a whole were characterised by fairness and freedom from technicalities, and in divorce cases were rarely upset. He was kind to young barristers, and very painstaking, with a dislike for showy pleading.^[7] In 1874 he was appointed one of the judges on election petitions, and was also a member of the Registration Appeal Court.

He was the author of three works. 1. 'The Practice of the Court of Session in Jury Causes' Edinburgh. 1837, 8vo. 2. ' Reports of Jury Trials in the Courts of Session from 12 March 1838 m 27 Dec. 1839', Edinburgh, 1841, 8vo. 3. Parts i. to viii of 'Practical Notes on the Structure of Issues in Jury Cases in the Court of Session,' Edinburgh, 1844-5, 8vo.^[8]

About the year 1866 he delivered an address to the Scots Law Society on the abuses of court practice, which led to the adoption of the Court of Session Act of 1868, and Act simplifying and cheapening court procedure, ending technicalities in pleading, to try to focus upon justice in its broadest sense.

In politics Lord Ormidale was a Liberal of the Cockburn and Jeffery school. He was an Established Church man and connected with St. Stephen’s congregation. As a member of the Dumbartonshire Association, Lord Ormidale continued to take a warm interest in all that concerned the prosperity of the Lennox country.^[9]

He died of pleurisy, 3 Nov 1880 at Hartrigge House, Jedburgh, Roxburghshire, Scotland. ^[10][11][12] Buried Warriston Cemetery, Edinburgh, City of Edinburgh, Scotland^[13]

Sources

1. ↑ https://www.scotlandspeople.gov.uk Scotlands People, old Parish Registers, Births and Baptisms; MCFARLAN, ROBERT: Parents: PARLAN MCFARLAN/ANNE CAMPBELL FR291 (FR291); Male; Date: 25/08/1802; Parish No: 499/; Ref: 20 104; Parish: Luss
2. ↑ "Births, Deaths, Marriages and Obituaries." Evening Telegraph, 4 Nov. 1880, p. 2.
   “DEATH OF LORD ORMIDALE Lord Ormidale died at Hartrigge House yesterday evening about eight o’clock. His Lordship whose name was Robert Macfarlane, was the son of Mr. Parian Macfarlane, a farmer in Dumbartonshire, his mother being the third daughter of Alexander Campbell, of Ormidale, Argyllshire. He was born at Glendouglas, Dumbartonshire, in 1802, and was educated at Glasgow and Edinburgh Universities. For ten years after leaving college he practised as a Writer to the Signet, and was admitted a member of the Faculty of Advocates in the year 1838. He for some time held the office of Advocate-Depute, and in 1853 obtained the appointment of Sheriff of Renfrewshire. Nine years afterwards he ascended the bench under the title of Lord Ormidale, and was transferred to the second division In 1874. At the bar his Lordship was a well-known counsel in jury cases, and has been a favourite Judge on the bench.”
3. ↑ https://www.scotlandspeople.gov.uk Scotlands People, old Parish Registers, Marriages; MACFARLANE, ROBERT; Spouse: GRACE ADINSTON/GREIG FR6495 (FR6495); Date: 21/10/1845; Parish no: 685/1; Ref: 680 79; Parish: Edinburgh
4. ↑ https://www.freecen.org.uk/search_records/5903d89ae9379091b1fc6746/robert-parlan-macfarlane-1851-midlothian-edinburgh-1849-?locale=en
   1851 Census of Great Britain, 6 Fettes Row, Edinburgh, Scotland
   MACFARLANE, Robert; Head; M; M; 48, abt 1803; Advocate In Actl Pract; DNB, Luss
   MACFARLANE, Grace; Wife; M; F; 29, abt 1820; MLN, Edinburgh
   MACFARLANE, Agnes Borthwick; Daur; U; F; 11, abt 1840; MLN, Edinburgh
   MACFARLANE, Robert Parlan; Son; M; 2, abt 1849; MLN, Edinburgh
   MACFARLANE, Ann Campbell; Daur; F; 1, abt 1850; MLN, Edinburgh
   MACFARLANE, Parlan; Father; W; M; 92, abt 1759; Retired Farmer; DNB, Row
   AITKEN, Catherine; Servt; U; F; 29, abt 1820; Nursery Maid; WLN, Ecclesmachen
   PHIMISTER, Margaret; Servt; U; F; 15, abt 1836; Under Nursery Maid; MLN, Edinburgh
   DOWIE, Isabella Watt; Servt; U; F; 21, abt 1830; Housemaid; FIF, Dunfermline
   JOHNSTON, Isabella; Servt; U; F; 28, abt 1821; Cook; PER, Perth
   County: Midlothian (MLN); Place: Edinburgh; Civil Parish: Edinburgh; Eclastical Parish: St Marys; Piece: 685; Enumeration District: 21; Folio; 738; Page: 16; Schedule: 63
5. ↑ https://archive.org/details/historyofsociety00socirich; A History of Writers to her Majesty’s Signet, with a list of the members of the Society from 1594 to 1890, and an abstract of the Minutes, Edinburgh, 1890.
   MACFARLANE, ROBERT. 29th June 1827.
   Apprentice to James Greig. — Only son of Parlan Macfarlane, Tacksman of Glenmallashan, Dumbartonshire. Born 30th July 1802. Died 3rd November 1880. Mar. 21st October 1843, Grace Addison, daughter of James Greig of Eccles, W.S. Admitted Advocate 9th March 1838. Appointed Sheriff of Renfrewshire 1853, raised to the bench with the title of Lord Ormidale, February 1862.
6. ↑ https://www.rse.org.uk/cms/files/fellows/biographical_index/fells_indexp2.pdf;
   FORMER FELLOWS OF THE ROYAL SOCIETY OF EDINBURGH. 1783-2002582,
   MACFARLANE, LORD ORMIDALE, ROBERT. 30/07/1802-03/11/1880. Ref: 952. Male.Titles and British Honours: Hon.Place of Birth: Glen Douglas, by Loch Lomond, Dunbartonshire.Place of Death: Hartrigge, Jedburgh, Roxburghshire.Profession: Writer to The Signet, Advocate.Appointments Held: WS 1827; Partner1827-38, Mackenzie & MacFarlane; Advocate 1838; Sheriff 1853-62Renfrewshire; Bench 1862-74, Outer House, 1874-80 2nd Division, Inner House.Training: Apprentice to James Greig.Postgraduate Studies: Glasgow University 1816-19.Marital Status: Married (1843) Grace Addinston Greig d.1870.Father: Parlane Macfarlane, Farmer Glen Luss,Tacksman of Glenmallashan, Dunbartonshire.References: DNB 35, 1893, 77; F J Grant 1944; Proc Roy Soc Edinb, 11,1880-2, 107-9; Register of The Society ofWriters to Her Majesty's Signet, Edinburgh 1983, 193.Date of Election: 16/03/1863.Proposers: John Hutton Balfour (Billet 16/2/1863, 2/3/1863).Fellow Type: OF.
7. ↑ Dictionary of National Biography - 1885 Vol 35;
   MACFARLANE, ROBERT, Lord Ormidale (1802-1880), senator of the College of Justice, born in 1802, was son of Parlane Macfarlane of Luss, Dumbartonshire. He was educated at Glasgow and Edinburgh, and admitted a writer to the signet in 1827. He afterwards passed some time in Jamaica, but, determining to proceed to the bar, became advocate at Edinburgh in 1838. He was very successful with juries in civil cases, though not an orator, and in 1853 was made sheriff of Renfrewshire. He was made an ordinary lord of session, with the title of Lord Ormidale, on 13 Jan. 1862, and transferred to the second division in 1874. As a Judge he was kind to young barristers, and very painstaking. He had a dislike for showy pleading, and did a great deal after Lord Colonsay's death to reform the procedure of the court of session. His speech upon the condition of the court before the Juridical Society in 1867 caused some controversy, but the act of 1868 abolishing many of the technicalities of pleading was largely due to his advocacy. Ormidale died at Hartrigge, Jedburgh on 3 Nov. 1880. His wife, a Miss Greigh of Eccles, Berwickshire, whom he married in 1845, predecesed him. Ormidale published: 1. 'The Practice of the Court of Session in Jury Causes' Edinburgh. 1837, 8vo. 2. ' Reports of Jury Trials in the Courts of Session from 12 March 1838 m 27 Dec. 1839', Edinburgh, 1841, 8vo. 3. Parts i. to viii of 'Practical Notes on the Structure of Issues in Jury Cases in the Court of Session,' Edinburgh, 1844-5, 8vo. [Scotsman. 5 Nov. 1880; Irving's Dict. of Eminent Scotsmen, p. 572, Ann. Reg. 1880, p.219; Book of Dignities] W. A. J. A.
8. ↑ Scotsman. 5 Nov. 1880; Irving's Dict. of Eminent Scotsmen, p. 572, Ann. Reg. 1880, p.219; Book of Dignities W. A. J. A.
9. ↑ "Births, Deaths, Marriages and Obituaries." Edinburgh Evening News, 4 Nov. 1880, p. 2.
   DEATH OF LORD ORMIDALE
   Lord Ormidale died yesterday evening about eight o’clock at Hartrigge House, near Jedburgh, where he has been residing since the Court of session rose for the summer vacation. Shortly after leaving Edinburgh his lordship was seized by an attack of pleurisy, from which, however, he was apparently recovering, and had been out of bed for about a week, when he caught a cold and suffered a relapse. The second attack so impaired his lordships constitution, that he never recovered the effects, and gradually sank. The deceased Robert Macfarlane was born about the year 1801, in Dumbartonshire where his father was a well known yeoman farmer. Coming to Edinburgh early in life he entered the office of Mr Alexander Greig, W.S., and after serving a regular legal apprenticeship, commenced business as a W.S. in conjunction with a Mr. Roderick MacKenzie. After several years practice, Mr. Macfarlane, who had devoted his attention to the bar, was admitted in 1838 a member of the faculty of Advocates. For a number of years he had the largest practice as junior counsel at the bar, and was so frequently engaged in jury trials that among his associates he was known by the name of “Jury Bob”. In 1862 he was elevated to the bench, taking his title from the estate of Ormidale in Argyllshire, of which he is one of the many heirs entail. In 1874 he went to the Inner House, taking his seat on the Second Division bench in succession to Lord Cowen. During his career as an advocate he was engaged as junior counsel in the celebrated Torbane Hill case, which lasted over eight days, and was also one of the counsel in the trial of the Western Bank directors. As a judge, Lord Ormidale was celebrated by his jury trial work as when he was at the bar, having, during the 12 years he was in the Outer House, presided at about 80 jury trials. His judgements as a whole were characterised by fairness and freedom from technicalities, and in divorce cases were rarely upset. Six years ago he was appointed on of the judges on election petitions, and was also a member of the Registration Appeal Court. He was the author of three works on jury practice, two of which -”Jury Practice” and MacFarlane’s Issues” – are well known and valuable books of reference. About the year 1866 he delivered an address to the Scots Law Society on the abuses of court practice, which led to the adoption of the Court of Session Act of 1868, and Act simplifying and cheapening court procedure. In politics Lord Ormidale was a Liberal of the Cockburn and Jeffery school. He was an Established Church man and connected with St. Stephen’s congregation. As a member of the Dumbartonshire Association, Lord Ormidale continued to take a warm interest in all that concerned the prosperity of the Lennox country. His lordship was married, but his wife pre-deceased him by about ten years. His younger son is in practice at the bar. There are three sons coffee planters in Ceylon and four daughters unmarried. On the Assembling of the second Division of the Court of Sessions to-day, the Lord Justice Clerk made a feeling allusion to the death of Lord Ormidale, and paid a high tribute to his memory, expressing his sense of the loss thereby sustained by both the country and the court.
10. ↑ https://www.scotlandspeople.gov.uk/ Scotlands People, Statutory Deaths; MACFARLANE, ROBERT; Age: 78; Year: 1880; Ref: 792/ 61; District: Jedburgh
11. ↑ https://www.scotlandspeople.gov.uk/ Scotlands People, Legal Records, Wills; Macfarlane, Robert; 30/11/1880; The Hon., one of the Lords of Session by the title of Lord Ormidale, 14 Moray Place, Edinburgh, d. 03/11/1880 at Hartrigge House, Jedburgh, testate; Will; Edinburgh Sheriff Court Wills; SC70/4/186
12. ↑ https://www.scotlandspeople.gov.uk/ Scotlands People, Legal Records, Wills; Macfarlane, Robert, 30/11/1880; The Hon., Lord Ormidale, 14 Moray Place, Edinburgh, one of the Judges of the Court of Session, by the title of Lord Ormidale, d. 03/11/1880 at Hartrigge House, Jedburgh, testate; Edinburgh Sheriff Court Inventories; SC70/1/203.
13. ↑ Find a Grave, database and images (https://www.findagrave.com/memorial/151102910/robert-macfarlane : accessed 16 February 2022), memorial page for Robert Macfarlane (1802–1880), Find A Grave: Memorial #151102910, citing Warriston Cemetery, Edinburgh, City of Edinburgh, Scotland ; Maintained by Pixturmn (contributor 47729036) .

• https://en.wikipedia.org/wiki/Robert_MacFarlane,_Lord_Ormidale

• Archbold, William Arthur Jobson, "Macfarlane Robert (1802-1880)", Dictionary of National Biography, 1885-1900, Volume 35, retrieved 2018-12-13

• Biographical Index of Former Fellows of the Royal Society of Edinburgh 1783–2002 (PDF). The Royal Society of Edinburgh. July 2006. ISBN 0 902 198 84 X.