and cavil, and therefore the most favourite CHAP. objects of attack with the sceptical writers*. 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 undisc 4 * An anecdote told by Mr Whiston, shews, that Dr Clarke himself was sensible of this strong objection to his mode of reasoning, and sought rather to apologize for it than to obviate the objection, "When Clarke brought me his "book" (says Whiston,) "I was in my garden against St "Peter's College, Cambridge, where I then lived. Now, I " perceived that in these sermons he had dealt a great deal in "abstract and metaphysical reasoning, I therefore asked him, "how he ventured into such subleties, which I never durst "meddle with; and shewing him a nettle, or some contemp"tible weed in my garden, I told him that weed contained "better arguments for the being and attributes of a God "than all his metaphysics. Clarke confessed it to be so; "but alleged for himself, that since such philosophers as "Hobbes and Spinoza had made use of those kind of suble"ties against, he thoughtit proper to shew, that the like way " of reasoning might be made better use of on the side of religion; which reason or excuse I allowed to be not incon"siderable." WHISTON'S Historical Memoirs.-The respectable author of the Life of Dr Francis Hutchison, (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. 1. p. 5. BOOK I. cerning 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, Philosophy and Science, but even of Taste. He possessed that ardour in 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 unresolved. Such as have accused Mr Home of scepticism, are 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. 1. BOOK I. State of the Scottish Bench in CHAPTER II. State of the Scottish Bench in 1723.-President Dairymple.-Lauder of Fountainhall.-Pringle of Newhall-State of the Bar in 1723-4.-Forbes of Culloden.-Dundas of Arniston.-Dalrymple of Drummore. -Ferguson 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 NorthBerwick 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 CHAP. IL which marked the characters of both; and with sufficient knowledge of the laws, was a man of unimpeached integrity, and of great private worth and amiable manners. Fountain Sir JOHN LAUDER of Fountainhall was a Lauder of profound lawyer, and a man of considerable hall 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 perusual agreeable even to the general rcader, and valuable to the historian, independently of its utility to the professional lawyer, |