Lord Monboddo (James Burnet, Esq. of Monboddo) is another of the well-known members of the Scottish Bench, who combined, with many eccentricities of opinion and habits, great learning and a most amiable disposition.  From his paternal property being in the county of Kincardine, and Lord M. being a visitor at my father’s house, and indeed a relation or clansman, I have many early reminiscences of stories which I have heard of the learned judge.  His speculations regarding the origin of the human race have, in times past, excited much interest and amusement.  His theory was that man emerged from a wild and savage condition, much resembling that of apes; that man had then a tail like other animals, but which by progressive civilisation and the constant habit of sitting, had become obsolete.  This theory produced many a joke from facetious and superficial people, who had never read any of the arguments of the able and elaborate work, by which the ingenious and learned author maintained his theory[45].  Lord Kames, a brother judge, had his joke on it.  On some occasion of their meeting, Lord Monboddo was for giving Lord Kames the precedency.  Lord K. declined, and drew back, saying, “By no means, my lord; you must walk first, that I may see your tail.”  I recollect Lord Monboddo’s coming to dine at Fasque caused a great excitement of interest and curiosity.  I was in the nursery, too young to take part in the investigations; but my elder brothers were on the alert to watch his arrival, and get a glimpse of his tail.  Lord M. was really a learned man, read Greek and Latin authors—­not as a mere exercise of classical scholarship—­but because he identified himself with their philosophical opinions, and would have revived Greek customs and modes of life.  He used to give suppers after the manner of the ancients, and used to astonish his guests by the ancient cookery of Spartan broth, and of mulsum.  He was an enthusiastical Platonist.  On a visit to Oxford, he was received with great respect by the scholars of the University, who were much interested in meeting with one who had studied Plato as a pupil and follower.  In accordance with the old custom at learned universities, Lord Monboddo was determined to address the Oxonians in Latin, which he spoke with much readiness.  But they could not stand the numerous slips in prosody.  Lord Monboddo shocked the ears of the men of Eton and of Winchester by dreadful false quantities—­verse-making being, in Scotland, then quite neglected, and a matter little thought of by the learned judge.

Lord Monboddo was considered an able lawyer, and on many occasions exhibited a very clear and correct judicial discernment of intricate cases.  It was one of his peculiarities that he never sat on the bench with his brother judges, but always at the clerk’s table.  Different reasons for this practice have been given, but the simple fact seems to have been, that he was deaf, and heard better at the lower seat.