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a barrifter was also, at firft, confiderable, and, in an extremely fhort period, became equal to that of the very first-rate lawyers.

In all that part of practice which pushes a cause out of its regular courfe, and forms the great bufinefs of the term, he had no equal; in every motion of confequence, or special argument, he was always engaged either for the plaintiff or defendant; and here Mr. Buller was perfectly at home.

Nature defigned him for a lawyer, and he wifely pursued her bias; for very early in life he seems to have entered into a recognizance, to talk and think of nothing but law; his knowledge of practice and cafes, left him without a competitor. He refembles the Roman lawyer Sulpitius,† and certainly is the Coke of the present age.

His Nifi Prius practice was, indeed, comparatively inconfiderable. The fact is, Mr Bulier had little fuccefs in his addrefs to the paffions, and could not therefore be eminent in his appeal to a jury. However threwdly he cross-examined; however fagacious he might be in the arrangement and management of a caufe (from a want, probably, of directing his attention to the embellifhirents of oratory) he was by no means, happy as an advovocate, his advocatorial addrefs rather conveyed the idea of barking than fpeaking; but excellence does not erect her banner in every region of the mind; he fought and found fame in the receffes of law learning; and therefore we are not to be furprifed, if he was deficient in thofe more fhowy accomplishments, which were little, or not at all, objects of his choice or attention.

If fpecial pleading has any fan beams, many others have been lighted up by his. The aftonishing fac cefs of Judge Buller, introduced the fashion of making the study of that fcience (if it ought to be dignified by that name) an introduction to the profeflion.

Th eloquence of magiftracy is of a far different kind from that of the advocate; and the fpeeches of this very learned judge from the Bench, certainly approach as near perfection as modern example reaches; it is a model for imitation.

He poffeffes great quicknefs of perception; fees the confequences of a fact, and the drift of an argument at its firft opening, and can immediately reply to an unforeseen objection; though, perhaps, it may be fometimes fufpected that his perception is too quick; it has certainly expofed him in fome inftances to the charge (whether true or falfe) of impatience and petulance, very indecorous in the character of a judge; it is not enough that the magiftrate on the bench fhould perceive the truth or fallacy of an argument; it is his duty to proceed with the most cautious deliberation, 'till, from the arguments of the pleader, or the refult of evidence, he has drawn forth the clearest demonrations tha the cafe poffibly admits, and established conviction, by the patient exertion of argumentative reafon.

It is the general, as it is the juft profeffional character of this great lawyer, that he ftates his arguments with the utmost accuracy and precifion, reafoning logically, and in a style, which may be deemed the true eloquence of law. Like his prefent Chief, he was not calculated to push

his

Sulpitius, the great Roman lawyer, is faid to have left behind him one hundred and four core volumes on law fubjects, of his own compiling. It is extremely pro' able that Mr Buller's manufcript collections are confiderably of a larger bulk, and of a fimilaṛ mature.

his way in parliamentary campaigns; but his confummate knowledge renderered him an important acquifition to the Bench. He was the youngest English Judge ever promoted to that rank; and, growing up, under the Cedars of knowledge and eloquence may july now be confidered as one of its greatest ornaments

The anecdote being remarkable, and eminently calculated to illuftrate this part of the Judge's character, it may not be improper to relate it.

" as well as your Lordship knows " your duty. I ftand here as the "advocate of a fellow-citizen, and Į "will not fit down." The Judge was filent, and the Advocate perfifted in his question.

Mr Erfkine put a queftion to the Jury, relative to the meaning of their verdict; Mr Juftice Buller objected to its propriety. The counfel reiterated his question, and perfifted in deMr Juftice Buller, if we confider manding an anfwer'; the Judge again the traits by which his judicial con- interpofed his authority in thefe emduct has been strongly marked, feems phatic words: "Sit down, Mr to poffefs the greateft inflexibility of "Erfkine; know your duty, or I fentiment and opinion. Like Holt," fhall be obliged to make you know he is too ftaunch and too fyftematic a "it."Mr Erskine, with equal lawyer to fuffer the ftubborn and warmth replied: "I know my duty general principles of law to give way, in any inttance, to the milder inferences of equity. It cannot, however, be denied or concealed, that the calmnefs of his temper, and the deliberate firmness of his conduct, has not in every inftance kept pace with the inflexibility of his judgment, and tenacious adherence to general maxims. Aftriking proof of this was exhibited at the famous trial of the Dean of St Alaph, when, after pufhing his oppofition to Mr Erikine, even to threats and commands, he yet fuffered him to fet his authority at open defiance, and proceed in the interrogation, to which he had fo ftrenously objected.

Who was legally right, is not intended to be here difcuffed; fince this book treats of the characters of Judges, not of the maxims of law. But it must readily be allowed, that to proceed to threats, which either he could not, or he was not inclined to carry into execution, was, in fome respect, derogatory from that dignity which the reprefentative of majefty and juftice ought carefully to suftain.

Character of the Honourable Sir John Scott, Knight, His Majefty's Soliciter

General. t

Pleafant without fcurrility-witty without affectation-audacious without impudence and learned without opinion.

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SHAKESPEARE'S Love's Labour Lef

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T would be a curious, and by no means a usciefs gratification, to re

$ Lord Mansfield.

SHAKESPEARE'S Measure for Meafare

view the revolutions of taste in the different periods of English hiftory, and

See his charge to the jury in Donnellan's cafe, and his memorable opinion, of the right of the bufband over the wife, to the exercife of the thumb-flick.

From the fame.

which varied manners hold out to the afpiring and ambitious in the career of fame. The fame path that is obftructed in one age by endlefs difficulties, is opened by the flattering hand of invitation and incitement, in another.

and obferve the very diffimilar means main almoft the only avenue to wealth and fame, may be a matter of great fpeculative curiofity to the philofophical obferver; but not being directly pertinent to the fubject before us, it muft pafs us undifcuffed, while we proceed to narrate what we know, or have been able to obtain, refpecting Sir John Scott, from the ftricteft enquiry.

Monkish habits were, in other times, a prelude to the Statefman's robes. -Honours and emoluments were only lavished upon churchmen, and thofe of minds enflaved by the grofs bigotry of monaftic life. Every depart ment of State was pieft-ridden; the helm of England has been conducted by the tyrannic hand of a butcher's fon! under the fanction of these trappings.

To this fucceeded a more liberal age. Elegance and refinement were feen, like the great luminary of the world, emerging from a cloud, and bursting through the gloom of Monkih ignorance. Polite and fpeculative literature fucceeded the dull jargon of the fchools; and poets and philofophers were called to occupy the first offices of ftate.

A fucceeding revolution dethroned the Mufes, to make way for the men of law. The prefent may fairly be denominated the Age of Lawyers.Formerly men were whelied in the vaffalage of prieft-hood.-Priets were in thofe times a kind of folicitors in the chancery of heaven, invefted, however, with all its plenitude of power on earth. Lawyers are now, what priests were then; and the tribute paid to them, is as great as fuperftition once

rendered to the church.

Men of this profeffion, without birth, family, connections, or wealth, are daily raifing themfelves to the higheft dignities of State; and the character, now under confideration, will probably live to be decorated with a commillion, that will give him precedence over every Lay Subject of the king dom. How long the law may poffefs this great fuperiority, and the bar reVOL. XII. Nɔ. 72. 3 F

Sir John Scott is the fon of a refpectable tradefiman in Newcastle.His elder brother Sir William Scott, was bred up in the civil law courts, and is at this time a Doctor of Laws, and his Majefty's Advocate General, and will, in all probability, rife to the highest honours in the ecclesiastical court. Sir John, then Mr Scott, was admitted a ftudent of the Middle Temple of Hillary Term, 1772; and after ftudying with much applica tion, keeping his terms regularly, and attending the court of chancery with great affiduity during the ufual feafon of probation, was called to the Bar in Hillary Term 1776.

He devoted his attention principally to the practice of the courts of equity. Indeed, for feveral years after his call to the bar, with a timidity natural to his character, he fhunned, as much as poffible, appearing even at the chancery bar as a pleader; confining himself almost entirely to the bufinefs of a draughtfman, in which he was reputed extremely able, and in which he had vaft practice.

Many have forced themselves, in this profeffion, into public notice, by the refolute and perfevering induftry the ftrength of their conflitutions have enabled them to fupport; and not a few have fucceeded by means of that florid energy of character, diftinguished by the word affurance; but Sir John Scott is a fingular inftance, where the fource of advancement in life is to be traced to great natural modefty and feebleness of conftitution, which is too apt to operate as a check upon young ambition's wing; and is

very

very rarely, indeed, productive of ad. the junior counful, and the arguments advanced on the oppofite file. He is alfo particularly distingui ed for his pttude and ingenuity in reply.

vantages in the road to fame and fortuse. Such was, however, the cate in the prefent inftance; Mr Scott, fing his health unequal to confiremint, and the fedentary life of 2 draughtsman, mcd a ed a change in his pan of lie; and ding violence to his feelings, fought the nearer path to fame by the row of eloque ce.

The attempt fucceeded far beyond His own hopes, or the expectations of

his friends

As a draughtfman, Mr Scot Halalways did the hi felt by the Heat efs and accuracy of his pen. In his bills, in his anfwers, in his conveyances, every thing feemed anang ed in the most correct and orderly manner, and expreffed in the reatest ad not appropriate language, which the formal jargon of the law would admit and now, as a chancery advocate, the fame ingenuity, precifion, and clearness, di linguifh all his pleadings.

His fpeaking, is of that fubtle, correct, and deliberate kind, that has more the appearance of written than of oral eloquence. He branches forth his argumen's into different heads and divifions; and purfuts the refpective parts through all their various ramifications with fuch methodical accuracy, that argument feems to rife out of a gument, and conclufion from conclufion, in the moft regular and natural progreffion; fo that thofe who are not acquainted with his practice, would fufpect that he had studied and prepared his fpeeches with the most diligent attention; while others, who are better acquainted with the bufincfs of the courts, feel their admiration and furprife increased, from the knowledge that a man of bis extenfive bufinefs, fo far from ftudying what he fhail fay, can fcarce find time to glance his cye over the numerous papers that come before him, but muft catch his knowledge of the caufe, not fo much from his brief, as from the opening of

His fydematic mind feems to methorize, with inconceivable rapidity, the argaments of this opponents. In the front face of time between the pleadings of his adverfary, and his reple, every thing feems digefted and difpofed, and his mode of replicatica feems planned in the picet order.— He will frequently take up the cɔncluding argument of Lis oporent, or, at other times, feize upon fome obiervation, which had fallen in the adverfe fpeech. Here he will begin his attack; and proceeding by his ufual clear and deliberare method, perfe ens regular chain of reasoning, the has confuted, or at least replied to, every propofition advanced againił him.

Mr Scott is little known out of the metropolis, or in it, but as a chancery pleader.-The fubtlety of his metaphyfical reasoning are admirably a dapted to the practice of this court.

There are certain characters, who, from being themfelves remarkably overbearing and affuming, are particu larly pleated in others with that modefty and diffidence, which give them no trouble by painful oppofition, or affuming the appearance of competition, by a refolute adherence to argu ment and difputation. It is therefore probable, and a variety of instances fupport the fuppofition, that notwithftanding Mr Scott's acknowledged talents, he owes his fuccefs, in a great measure, to that urbanity of maaners and diffidence, which has avoided, as much as poffible, all oppofition with the bench.-Be this as it may, the prefent chancellor took very early notice of him, and gave him his countenance in practice, in a way extremely unufual with him.

One time, in particular, while Mr

Scott

In the commencement of his career, as a political character, and a Parliamentary fpeaker, we must refer to the date of Mr Fox's celebr ted India Bill; and upon this occafion it must be oblerved, that he feems to have foregone the wonted modeity of his character, by putting himfelf not only in oppoution to Lee, the then Attorney General, a man of ack owledged abilities, but against the British Demofthenes, the champion of patriotifm.

What were the fpecious pretexts on which this Bill was propposed, what was the nature of Mr Scott's arguments, and what the fate of th Bill itself, are topics unneceffary to be here enlarged upon. However anp opitious this event might be to the interelt and welfare of this country, it was very far from having any ill effects on the fortune of Mr Scott.

Scott was yet but rifing into notice, the chanecilor having been particular ly pleafed with his pleading, and having paid him the m ft marked attention during all the time he was fpeaking, defired, at the breaking up of the court, to fpeak with him in private: -however embarraffed with the unexpect d honour, he inftantly obeyed the fummons, and they retired together. The chancellor congratulated him on his rifing merit, and offered him the then vacant mattership in chancery; at the fame obferving, that he did not prefs his acceptance, fince, in all bability, he might in time do better. The office of matter in chancery is looked upon, by the prof flors of the law, as a kind of boffital for invalids, where thofe, whom Connections, or application, have reared to a certain rank, fometimes find a calm and idle retreat for life, with a comfortable fti pend, and good accommodation; but from whence they are feldo called again into more diftinguished feenes of action, that lead to the high offices of State. But Mr Scott (tho' as we have obferved before, much of a valetudinaian in conftitution), probably f.cling himself rather encouraged by this converfation, to purfue the arduous path of f me, than to rep fe himfelf in this obfcure retreat, politely declived the offer, and wifely tufted to his fortune and industry for the attainment of fill higher honours.

How much this anecdote must have contributed to raise the young pleader in the opin on of the profeffion, may be cafity imagined. Certain it is, Mr Scott had a greater run of bufinefs than any counfel at the bar.

In 1783, a patent' of precedency was gra ited him, by which he became entitled to all the honours and advantages of the Silk Gown, and ranked with the king's courfel.

Mr Scott was foon after introduced into Parliament, having been returned for the borough of Webly in Hereford. 3 F2

Eminence our courts. is a fore conductor to the path of promotion; but it goes no further, of itfelf, than to the threshold of preforment; a corain pliability and elafticity of principle, which can wind thro' the mazes of political intrigue, and a facility of flaping opinions to the fashion of the times, are effential requifies for corducting him to the goal. In these refpects, tó peak plainly, lawyers are feldom deficicat; their habits of герг fentirg whichever fide they feed upon, as that, which truth and found reafon fupport, naturally leads them, in time, to confider truth and reafon as only to be found on the fide of intereft. From this temper of mind, perhaps many of thofe rapid advancements to power and opulence, which have diftinguifhed the barrifters of the prefent century may be accounted for; and perhaps even the forcible reafoning, and correct diction of Sir John Scott, might not as readily have fmoothed for him, the road to his prefent honours, had not his principles led him fo readily, and fo zealoufly, to efpofe the feam ats of thofe, it had already been determin

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