Page:Dictionary of National Biography volume 35.djvu/169

Mackenzie MACKENZIE, THOMAS, (1807–1869), Scottish judge, son of George Mackenzie, a tradesman of Perth, was born on 16 May 1807. He received his early education at the Perth academy, and after studying two years at the university of St. Andrews, went to Edinburgh, where, while following the occupation of clerk, he succeeded in qualifying himself for the Scottish bar, to which he was called in 1832. He owed his success at the bar chiefly to the patronage of Lord-advocate Rutherford, to whom he acted as junior, and who highly valued his careful attention to details. In 1851 he was appointed sheriff of Ross and Cromarty, and solicitor-general, and in December 1854 was raised to the bench in the court of session, with the title Lord Mackenzie. He is credited with drafting the Bankruptcy Act of Scotland in 1856. He retired from the bench in 1864, and died on 26 Sept. 1869. 'No warm friendships,' said a writer in the 'Scotsman,' 'had he, no wife, no public explosions of benevolence, no quarrels. He toiled on to the end like a machine. Labour of the brain had become to him a sort of second nature, and in it he found the chief and almost only pleasure in life,' Mackenzie was the author of 'Studies in Roman Law, with Comparative Views of the Laws of France, England, and Scotland,' 1862, a clear and well-arranged text-book, which has passed into several editions.

 MACKENZIE, WILLIAM, fifth (d. 1740), known among the Highlanders as ' William Dubh ' (the black), was the eldest son of Kenneth, fourth earl [q. v.], by Lady Frances Herbert. Shortly after the accession of George I in 1714 he was ordered to confine himself within his own castle (, History of the Rebellion, edit. 1741, p. 77). He attended the meeting convened by John Erskine, earl of Mar (1675–1732) [q. v.], at Braemar in 1716, when the standard of the Pretender was raised. At the head of over three thousand men, including the Macdonalds, Rosses, and others, he set out in October to join Mar at Perth (ib. p. 330). (1668–1733) [q. v.], endeavoured to bar his passage, but on being attacked retreated to Bonar (ib. p. 331), and Seaforth, after harassing ms country and collecting large quantities of booty, continued his march southwards. He was present at Sheriffmuir. After the battle he was nominated by the Chevalier lieutenant-general and commander of the northern counties, and went north to endeavour to recover Inverness, which had been captured for the government by Simon Fraser, lord Lovat [q. v.] ('Earl of Mar's Journal' in, History of the Rebellion, part ii. p. 117). Although joined by Alexander Gordon, marquis of Huntly, afterwards second duke of Gordon [q. v.], he was unable to raise forces sufficient to make way against the Earl of Sutherland, and gave in their submission. Shortly afterwards Seaforth crossed over to the island of Lewis, where he endeavoured to collect a number of his followers; but when a detachment of fovernment troops had been sent against him, he escaped to Ross-shire, whence he set sail for France, reaching St. Germains in February 1716. On 7 May following he was attainted by parliament and his estates forfeited.

Seaforth accompanied the Earl Marischal [see, tenth ] in his expedition to the western highlands in 1719. He was severely wounded at the battle of Glenshiels on 10 June, but was carried on board a vessel by his followers, and, escaping to the Western Isles, returned thence to France.

Notwithstanding his forfeiture, his followers, in spite of the vigilance of the government, regularly sent him their rents in his exile. After the passing of the disarming act in 1725 they, however, agreed on his private recommendation to give up their arms, and in future to pay rent to the government on condition that they were discharged of all arrears. To this Wade not only agreed, but also promised to use his influence to secure a pardon for Seaforth (Lockhart Papers, ii. 196). The efforts of Wade on behalf of Seaforth, although strongly opposed by John Campbell, second duke of Argyll [q. v.], were successful (ib. p. 300). By letters patent of 12 June 1726 Seaforth was discharged of the penal consequences of his attainder, although the forfeiture was not reversed. From George II he received a grant of the arrears of feu duties due to the crown out of his forfeited estates. Seaforth was led to seek peace with the government, partly on the ground of dissatisfaction with his treatment by the Chevalier. He excused to the Chevalier his acceptance of the terms of the government as a temporary expedient absolutely necessary for the protection of his clan, but the Chevalier was deeply hurt at what he deemed a desertion of his cause (see correspondence in Appendix to Stuart Papers, edit. Glover, 1847). Seaforth died 8 Jan. 1740 in the island of Lewis, and was buried there in the chapel of Ui.

By his wife Mary (d. 1739), only daughter 