And in answer to further inquiry he again wrote on 10th July 1823:—­

’MY DEAR SIR THOMAS,—­You are too easily alarmed about the fate of your ancestors.  I did not mean it would not be published—­far less that I would not do all in my power to advance the publication—­but only that the size and probable expense of the work, with the limited sale for articles of literature only interesting to the Scottish Antiquaries, rendered the Booksellers less willing to adopt the proposal than they seemed at first.  However I thought it as well to wait until Constable himself came down from London, as I had only spoken with his partner, and I have since seen him, and find him well disposed to the undertaking.  I told him I would give with the greatest pleasure any assistance in my power in the way of historical illustration, and that I concluded that you, to whom the work unquestionably belongs, would contribute a life of the venerable Lawyer and some account of his family.  Mr. Thomson has promised to look through the Manuscript and collate it with that of Mr. Maule, and is of opinion (as I am) that it would be very desirable to retrench all the mere law questions which are to be found in the printed folios.  Indeed the Editors of those two volumes had a purpose in view directly opposed to ours, for they wished to omit historical and domestic anecdotes and give the law cases as unmixed as possible, while it would be our object doubtless to exclude the mere law questions in favour of the other.  No doubt many of the law cases are in themselves such singular examples of the state of manners that it would be a pity not to retain them even although they may be found in the printed copy because they are there mixed with so much professional matter that general readers will not easily discover them.

’The retrenching of the mere law will entirely advantage the general sale of the work besides greatly reducing the expense, and in either point of view it will make it a speculation more like to be advantageous.  I think Constable will be disposed to incur the expense of publishing at his own risque, allowing you one half of the free profits which the established mode of accounting amongst authors and booksellers circumcises so closely that the sum netted by the author seldom exceeds a 3’d or thereabout.  But then you have no risque, and that is a great matter.  My experience does not encourage me to bid you expect much profit upon an undertaking of this nature, in fact on any that I have myself tried I have been always rather a loser; but still there may be some, and I am sure the descendant of Lord Fountainhall is best entitled to such should it arise on his ancestor’s work.  I think you had better correspond with Constable, assuring him of my willingness to help in any thing that can get the book out, and I am sure Mr. Thomson will feel the same interest I have to leave here to-morrow for four months, but as I am only at Abbotsford