BOOK 1, Among the latter, it will be seen, from what I have already said, that I am very far from classing Mr Home; although, by the undiscerning multitude, he has been frequently ranked in that number. That on some points of Theology he entertained opinions different from the particular tenets of the Established Church, is indeed evident from his writings: But the truth is, he was much more of a dogmatist than a sceptic: his mind could never rest in doubt; and he had formed to himself a positive creed, not only in all matters of Theology, of Philosophy and Science, but even of Taste. He possessed that ardour in the search of truth, which never stops in its pursuit, till it believes the object attained. Hence all his researches terminate in what the inquirer believed to be a demonstration, or at least a proof so strong, as to afford a rational conviction of the truth of the proposition he desired to establish. It is only the cold and phlegmatic temperament that can rest satisfied under a suspension of belief on those topics, on which the man of a warm imagination and strong affections feels it a misery to be unresol ved. Such as have accused Mr Home of scepticism, are either оп per to shew, that the like way of reasoning might be made better use of the side of religion; which reason or excuse 1 allowed to be not inconsi"derable." WHISTON'S Historical Memoirs.-The respectable author of the Life of Dr Francis Hutcheson, (Dr Leechman), has made some very just observations on the dangerous consequences of attempting a strict demonstration in subjects which, from their nature, are incapable of that proof. See Preface to Hutcheson's System of Moral Philosophy, vol. i. p. 5. either ignorant of his writings, or have forgotten a most material distinction. It ought ever to be remembered, that there is a wide difference between those who labour to invalidate the fundamental principles of religion and morality, and to inculcate the wisdom of universal doubt and indecision; and those who, firmly convinced of the reality and truth of such fundamental principles, are dissatisfied with the particular arguments that have been used to demonstrate them, and are anxiously desirous to found them on a basis, which, to their apprehension, should be proof against all attempts to shake or undermine them. As I am most thoroughly convinced, that the eminent person who is the subject of these Memoirs, falls under the latter of these descriptions, as will be evident to all who impartially consider the scope and tenor of his philosophical writings, (and is more particularly known to myself, who had much opportunity of being acquainted with his free and sincere opinions), I cannot too earnestly request, that, in forming a judgment of those writings, the candid reader will constantly keep in view this important distinction. CHAP. I. CHAP. BOOK I. State of the CHAPTER II. State of the Scottish Bench in 1723.—President Dalrymple,— Lauder of Fountainhall.-Pringle of Newhall.-State of the Bar in 1723-4.-Forbes of Culloden.-Dundas of Arniston.-Dalrymple of Drummore.-Fergusson of Kilkerran.-Areskine of Tinwald.-Grant of Elchies.-Grant of Prestongrange.-Craigie of Glendoick.-Mr Home's first work on the Law.-His manner of pleading.—His Essays on subjects of Law.-Jus Tertii.-Beneficium cedendarum actionum.-Vinco vincentem.-Prescription. MR HOME was called to the Bar in January 1723-4. Sir HEW DALRYMPLE of North-Berwick was then President of the Court of Session; and among the most eminent of its Judges at that time were the Lords Fountainhall and Newhall. The President, if he inherited not the distinguished talents of his father, the Viscount of Stair, and his elder brother, the Secretary, was free from that turbulent ambition and crafty policy which marked the characters of both; and with sufficient knowledge of the laws, was a man of unim peached peached integrity, and of great private worth and amiable manners. CHAP. II. Sir JOHN LAUDER of Fountainhall was a profound lawyer, and a man of considerable learning and knowledge of human nature; having read much, and studied the characters of mankind. As a Judge, he applied himself with indefatigable assiduity to the discharge of his official duties; ́and has left a very honourable memorial of his talents and industry in his Collection of Decisions, which record the proceedings of the Court of Session from 1678 to 1712; and incidentally note the transactions of the Privy Council of Scotland, with those of the Courts of Justiciary and Exchequer: a work compiled with so pleasing a mixture of the anecdotes of the times, and so much characteristic ingenuity of observation, as to render its perusal agreeable even to the general reader, and valuable to the historian, independent of its utility to the professional lawyer. Lauder of Fountainhall. Newhall. Sir WALTER PRINGLE of Newhall shone with conspi- Pringle of cuous lustre in all the most essential qualities of a Lawyer and of a Judge. His great knowledge of jurisprudence and distinguished eloquence, rendered him for many years a principal ornament of the Bar; and his high sense of honour, immaculate probity, and dignified deportment as a Judge, accompanied at the same time with the most engaging modesty and diffidence in his own opinions, while they enhanced BOOK I. State of the Bar in 1723-4. in the public mind the respect and authority of the Court of which he was a member, have given him a permanent name in the annals of Scottish jurisprudence *. The Bar, at the same time, afforded a very great display, and exhibited an uncommon variety of professional abilities. I * Sir Walter Pringle of Newhall was admitted Advocate in 1687; and after thirty-one years practice at the Bar, was raised to the Bench in 1718. He died in 1736; and a tribute of honour was conferred on him by his brethren which had never before been paid to any of the ordinary Judges of the Court; his funeral was attended by the Lords of Session in their robes of office. The Faculty of Advocates, upon that occasion, engrossed in their records a testimonial of their respect for the memory of Lord Newhall, (penned by their Dean, afterwards Lord Arniston, and President of the Court), in which the following passage is worthy of notice: "His "ability, candour, and careful discharge of the duties of his former em"ployment, added to his moral character, had celebrated his name: he "was marked out by the unanimous suffrage and voice of the subjects, as " à person whose knowledge and integrity would render their lives and pro"perties secure in his hands; and, as such, was nominated by their gracious Sovereign to execute so high a trust. The Faculty do acknowledge, with "gratitude and honour to his memory, that his after-conduct gave no disap"pointment to so great expectations. His integrity proved a shining orna"ment to his learning and knowledge; and these, with his other distinguish"ing qualities of steadiness and unbiassed resolution, enabled him to apply "his principle of integrity to useful practice, and to do justice, not by acci"dent, but because he knew it to be so: And if at any time human frailty, "and an over-jealousy of himself, led him into smaller mistakes, yet the vir "tuous principles from which he acted, even in those cases, and the extensive « habit of justice he had acquired, overshadowed these fesser failings, and gave a becoming lustre to the whole course of his judgments." Y |