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GARDEN (FRANCIS), better known to the public by the title of LORD GARDENSTONE, was born at Edinburgh June 24, 1721. His father was Alexander Garden, of Troup, an opulent land-holder in Aberdeenshire; and his mother was Jane, daughter of sir Francis Grant, of Cullen, one of the senators of the college of justice. After passing through the usual course of liberal education at school and at the university, he applied to the study of law as a profession, and in 1744 was admitted a member of the faculty of advocates, and called to the Scottish bar. In his practice as an advocate he soon began to be distinguished by a strong native rectitude of understanding; by that vivacity of apprehension and imagination, which is commonly denominated genius ; by manly candour in argument, often more persuasive than subtilty and sophistical artifice; by powers which, with diligence, might easily attain to the highest eminence of the profession. But the same strength, openness, and ardour of mind which distinguished him so advantageously among the pleaders at the bar, tended to give him a fondness for the gay enjoyments of convivial intercourse, which was in some respects unfavourable to his progress in juridical erudition, yet without obstructing those promotions to which his talents entitled him. In 1764 he became his majesty's solicitor, and afterwards one of the judges in the courts of session and justiciary, the supreme judicatures, civil and criminal, for Scotland. On this occasion he assumed, according to the usual practice, the title of lord Gardenstone. His place in the court of session he continued to occupy till his death, but had some years before resigned the office of a commissioner of justiciary, and in recompense got a pension of 2001. per annum.

Clear discernment, strong good sense, conscientious honesty, and amiable benevolence, remarkably distinguished bis opinions and conduct as a judge.

As he advanced in years, humanity, taste, and public spirit, became still more eminently the predominant principles in his mind. He pitied the condition of the pea. santry, depressed rather by their ignorance of the most skilful modes of labour, and by their remoteness from the sphere of improvement, than by any tyranny or extortion of their landlords. He admired, protected, and cultivated the fine arts. He was the ardent votary of political liberty, and friendly to every thing that promised a rational amelioration of public economy, and the principles of government. In 1762 he purchased the estate of Johnston,' co. Kincardine. Within a few years after he began to attempt a plan of the most liberal improvement of the value of this estate, by an extension of the village of Laurencekirk, adjoining. He offered leases of small farms, and of ground for building upon, which were to last for the term of one hundred years; and of which the conditions were extremely inviting to the labourers and tradesmen of the surrounding country. These offers were eagerly listened to; and being more desirous to make the attempt beneficial to the country than profitable to himself, he was induced within a few years to reduce his ground-rents to one half of the original rate. Weavers, joiners, shoemakers, and other artizans in a considerable number, resorted to settle in the rising village. His lordship's earnestness for the success of his project, and to promote the prosperity of the people whom he had received under his protection, led him to engage in several undertakings, by the failure of which he incurred considerable losses. Projects of a print-field, and of manufactures of linen and of stockings, attempted with sanguine hopes in the new village, and chiefly at his lordship's risk and expence, misgave in such a manner as might well have dispirited a man of less steady and ardent philanthropy. But the village still continued to advance under his lordship's eye and fostering care, In 1779 he procured it to be erected into a burgh of barony, having a magistracy, an annual fair, and a weekly market. He provided in it a good inn for the reception of travellers, and furnished it with a library for their amusement, the only one of the kind probably in either kingdom. We remember, likewise, an Album, in which were many ingenious contributions, both in prose and verse, by the literati of Scotland. He invited an artist for drawing, from the continent, to settle at Laurencekirk. He had at length the pleasure of seeing a considerable linen-manufactory fixed in it; and before his death he saw his plan of improving the condition of the labourers, by the formation of a new village at Laurencekirk, crowned with success beyond his most sanguine hopes. He has acknowledged in a memoir concerning this village, “ That he had tried in some measure a variety of the pleasures which mankind pursue ; but never relished any so much as the pleasure arising from the progress of his village."

In 1785, by the death of a brother, he became possessed of the family estates, worth about 3000l. a year, which not only enabled him to pursue his usual course of liberality, but to seek relief from the growing infirmities of his age, by a partial relaxation from business, which he determined to employ in travel. Accordingly, he set out in Sept. 1786, and performed the tour of France, Geneva, Swisserland, the Netherlands, and Italy, and after three years, returned to his native country, with a large collection of objects of natural history, and specimens of the fine arts. His last years were spent in the discharge of the duties of his office as a judge; in performing many generous offices of benevolence and humanity, and in promoting the comfort of his tenants. As an amusement for the last two or three years of his life, he revised some of the light fugitive pieces, in which he had indulged the gaiety of his fancy in his earlier days; and a small volume was published under the title of “ Miscellanies in prose and verse,” in which the best pieces are upon good authority ascribed to lord Gardenstone. He revised also the « Memorandums" which he had made upon bis travels, and two volumes of them were published during his lifetime, under the title of “ Travelling Memorandums," containing a number of interesting observations, criticisms, and anecdotes. A third volume appeared after his death, with an account of him, from which we have borrowed the greater part of this article. His lordship died July 22, 1793, deeply regretted by his friends and by his country. His last publication was “ A Letter to the Inhabitants of Laurencekirk," containing much salutary advice.'

GARDINER (James), a brave officer of the army, and not less celebrated for his piety, was born at Carriden, in Liolithgowshire, in Scotland, Jan. 10, 1687-8. He was the son of captain Patrick Gardiner, of the family of Torwoodhead, by Mrs. Mary Hodge, of the family of Gladsmuir. His family was military, his father, his uncle by the mother's side, and his elder brother, all fell in battle. He was educated at the school of Linlithgow, but was soon removed from it, owing to bis early zeal to follow his father's profession. At the age of fourteen he had an ensigo's commission in the Dutch service, in which he con

| Life prefixed to his Memorandums.--Sinclair's Statistical Reports.Gleig's Supplement to ibe Encyclopedia Britannica,

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tinued until 1702; when he received the same from queen Anne, and being present at the battle of Ramillies, in his nineteenth year, was severely wounded and taken prisoner by the French. He was carried to a convent, where he resided until his wound was cured ; and soon after was exchanged. In 1706 he obtained the rank of lieutenant, and after several intermediate promotions, was appointed major of a regiment commanded by the earl of Stair, in whose family he resided for several years. In January 1730, he was advanced to the rank of lieutenant-colonel in the same regiment, in which he continued until April 1743, when be received a colonel's commission over a regiment of dragoons. During the rebellion in Scotland, in 1745, his regiment being in that country, and the rebel army advancing to Edinburgh, he was ordered to march with the utmost expedition to Dunbar, which he did; and that hasty retreat, with the news soon afterwards received of the surrender of Edinburgh to the rebels, struck a visible panic into the forces he commanded. This affected his gallant mind so much, that on the Thursday before the battle of Preston-pans, he intimated to an officer of considerable rank, that he expected the event would be as it proved ; and to a person who visited him, he said, “I cannot influence the conduct of others as I could wish; but I have one life to sacrifice to my country's safety, and I shall not spare it.” On Friday Sept. 20th, the day before the fatal battle, when the whole army was drawn up, about noon, the colonel rode through the ranks of his regiment, and addressed them in an animated manner, to exert themselves with courage in defence of their country. They seemed much affected by his address, and expressed a very ardent desire of attacking the enemy immediately ; a desire in which he, and another gallant officer of distinguished rank, would have gratified them, had it been in their power, but their ardour and their advice were overruled by the strange conduct of the commander-in-chief, sir John Cope, and therefore all that colonel Gardiner could do, was to spend the remainder of the day in making as good a disposition as the circumstances would allow. He continued all night under arms, wrapped up in his cloak, and sheltered under a rick of barley which happened to be in the field. By break of day the army was roused by the noise of the approach of the rebels; and the attack was made before sun-rise. As soon as the enemy came VOL. XV.


within gun-shot, they commenced a furious fire; and the dragoons which constituted the left wing immediately fled. The colonel at the beginning of the attack, which lasted but a few minutes, received a ball in his left breast, which made him give a sudden spring in his saddle; upon which his servant, who had led the horse, would have persuaded him to retreat; but he said it was only a flesh-wound, and fought on, though he presently after received a shot in his right thigh. The colonel was for a few moments supported by his men, and particularly by about fifteen dragoons, who stood by him to the last ; but after a faint fire, the regiment in general was seized with a panic ; and though their colonel and some other brave officers did what they could to rally them, they at last took to a precipitate flight. Just in the moment when colonel Gardiner seemed to be making a pause to deliberate what duty required him to do in such a circumstance, he saw a party of the foot fighting bravely near hiin, without an officer to lead them, on which he rode up to them immediately, and cried out aloud, “ Fire on, my lads, and fear nothing. As he had uttered these words, a Highlander advanced towards him with a scythe fastened to a long pole, with which he gave bim such a deep wound in his right arnı, that his sword dropped from his hand, and several others coming about him at the same time, while he was thus dreadfully entangled with that savage weapon, he was dragged from his horse. The moment he fell, another Highlander gave him a stroke either with a broad-sword, or a Lochaber axe, on the hinder part of the head, which was the mortal blow. All that his faithful servant, John Forster, who furnished this account, saw further at this time, was, that as bis hat was falling off, he took it in his left hand, waved it as a signal for him to retreat, and added, which were the last words he ever heard him speak, “ Take care of yourself.” The servant immediately fled to a mill, about two miles distant, where he changed his dress, and disguised like a miller's servant, returned with a cart about two hours after the engagement. He found his master not only plundered of his watch and other things of value, but even stripped of his upper garments and boots. however, still breathing, and from appearances, not altogether insensible. In this condition he was conveyed to the church of Tranent, and from that to the clergyman's house, where he expired about eleven o'clock in the fore

He was,

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