James Dalrymple, 1st Viscount of Stair, was a Scottish lawyer and statesman.
Background
Dalrymple was born in May, 1619 in Scotland. His father, James Dalrymple, laird of the small estate of Stair in Kyle, died when he was an infant; his mother, Janet Kennedy of Knockdaw, is described as "a woman of excellent spirit, " who took care to have him well educated. He had ancestors among the Lollards of Kyleboth both on his father's and his mother's side.
Education
From the grammar school at Mauchline Dalrymple went, in 1633, to the university of Glasgow, where he graduated in arts on the 26th of July, 1637. Next year he went to Edinburgh, probably with the intention of studying law, but the troubles of the times, then approaching a crisis, led him to change his course, and we next find him serving in the earl of Glencairn's regiment in the War of the Covenant. In 1641 he competed for a regency in the University of Glasgow. After nearly seven years' service he resigned his regency, and removed to Edinburgh, where he was admitted to the bar on 17 February 1648.
Career
Stair's practice at the bar does not appear to have been large; his talents lay rather in the direction of learning and business than of oratory or advocacy. His reputation and the confidence reposed in him were shown by his appointment in 1649 as secretary to the commission sent to the Hague to treat with Charles II by the parliament of Scotland. Stair had preceded him, and met him on his landing in Aberdeenshire, probably carrying with him the news of the execution of Montrose, which he had witnessed. During the Commonwealth Stair continued to practise at the bar; but like most of his brethren he refused in 1654 to take the oath of allegiance to the Commonwealth. His appointment to the bench on the 1st of July 1657, by Monk, was confirmed by Cromwell on the 26th. Stair's association with the English judges at this time must have enlarged his acquaintance with English law, as his travels had extended his knowledge of the civil law and the modern European systems which followed it. It was during this period that Stair became intimate with Monk, who is said to have been advised by him when he left Scotland to call a full and free parliament.
Soon after the Restoration Stair went to London, where he was received with favour by Charles, knighted, and included in the new nomination of judges in the court of session on the 13th of February 1661. The king summoned him to London, and allowed him to take the declaration under an implied reservation. In the following year, and again in 1673, he was returned to parliament for Wigtownshire, and took part in the important legislation of those years in the department of private law. In 1679 he went to London to defend the court against charges of partiality and injustice which had been made against it, and was thanked by his brethren for his success. The other was the infamous Test Act, probably the worst of the many measures devised at this period with the object of fettering the conscience by oaths. Yet, self-contradictory and absurd as it was, the Test Act was at once rigidly enforced. Argyll, who declared he took it only in so far as it was consistent with itself and the Protestant religion, was tried and condemned for treason and narrowly saved his life by escaping from Edinburgh Castle the day before that fixed for his execution. Stair, dreading a similar fate, went to London to seek a personal interview with the king, who had more than once befriended him, perhaps remembering his services in Holland; but the duke of York intercepted his access to the royal ear, and when he returned to Scotland he found a new commission of judges issued, from which his name was omitted. Stair had still powerful friends, but his opponents were more powerful, and he received advice to quit the country. He was charged with accession to the rebellion of 1679, the Rye House plot, and the expedition of Argyll. With the first two he had no connexion; with Argyll's unfortunate attempt he had no doubt sympathized, but the only proof of his complicity was slight, and was obtained by torture. The proceedings against him were never brought to an issue, having been continued by successive adjournments until 1687, when they were dropped. Stair remained in Holland till the following year, when he returned under happier auspices in the suite of William of Orange. He defended himself by publishing an Apology, which, in the opinion of impartial judges, was a complete vindication. Shortly after its issue he was created Viscount Stair (1690).
He had now reached the summit of his prosperity, and the few years which remained of his old age were saddened by private and public cares. In 1692 he lost his wife, the faithful partner of his good and evil fortune for nearly fifty years.
On 29 November 1695 Stair, who had been for some time in failing health, died in Edinburgh, aged 76.
Membership
Member of the Convention of the Estates of Scotland (1678), member of the Parliament of Scotland (1681-1682), member of the Parliament of Scotland