the earth, not merely with the picturesque groups
of the soldiers and courts of the past, but with the
actors in all the various quaint and homely transactions
and puzzlements which the feudal ages had brought forth.
Hence though, as a matter of fact, Scott never made
much figure as an advocate, he became a very respectable,
and might unquestionably have become a very great,
lawyer. When he started at the bar, however, he
had not acquired the tact to impress an ordinary assembly.
In one case which he conducted before the General
Assembly of the Kirk of Scotland, when defending a
parish minister threatened with deposition for drunkenness
and unseemly behaviour, he certainly missed the proper
tone,—first receiving a censure for the
freedom of his manner in treating the allegations
against his client, and then so far collapsing under
the rebuke of the Moderator, as to lose the force and
urgency necessary to produce an effect on his audience.
But these were merely a boy’s mishaps.
He was certainly by no means a Heaven-born orator,
and therefore could not expect to spring into exceptionally
early distinction, and the only true reason
for his relative failure was that he was so full of
literary power, and so proudly impatient of the fetters
which prudence seemed to impose on his extra-professional
proceedings, that he never gained the credit he deserved
for the general common sense, the unwearied industry,
and the keen appreciation of the ins and outs of legal
method, which might have raised him to the highest
reputation even as a judge.
All readers of his novels know how Scott delights
in the humours of the law. By way of illustration
take the following passage, which is both short and
amusing, in which Saunders Fairford—the
old solicitor painted from Scott’s father in
Redgauntlet—descants on the law of
the stirrup-cup. “It was decided in a case
before the town bailies of Cupar Angus, when Luckie
Simpson’s cow had drunk up Luckie Jamieson’s
browst of ale, while it stood in the door to cool,
that there was no damage to pay, because the crummie
drank without sitting down; such being the circumstance
constituting a Doch an Dorroch, which is a standing
drink for which no reckoning is paid.” I
do not believe that any one of Scott’s contemporaries
had greater legal abilities than he, though, as it
happened, they were never fairly tried. But he
had both the pride and impatience of genius.
It fretted him to feel that he was dependent on the
good opinions of solicitors, and that they who were
incapable of understanding his genius, thought the
less instead of the better of him as an advocate,
for every indication which he gave of that genius.
Even on the day of his call to the bar he gave expression
to a sort of humorous foretaste of this impatience,
saying to William Clerk, who had been called with
him, as he mimicked the air and tone of a Highland
lass waiting at the Cross of Edinburgh to be hired
for the harvest, “We’ve stood here an