verted on certain arguments of Mr. Scott to prove the liability of his clients, contending that, at all events, the Legislature was here usurping judicial functions, and that the question ought to be decided by a Court of Law.-Mr. Scott, on several occasions, defended his opinion, and insisted that this was a fit occasion for Parliament, by a declaratory Act, to pronounce what its intentions really were. Mr. Sheridan, Colonel Barré, and other Opposition members, furiously assailed the arguments of the honourable and learned member for Weobly in this controversy; —but the position he had acquired in the House may best be estimated from the laboured attack upon him by Mr. Francis (pretty generally supposed to be Junius,) in which the orator, with much unmerited abuse of the individual and his order, animadverts with some felicity on his inveterate habit of lauding his own honesty:

This is not a legislative question, and it is absurd for Parliament to ask lawyers what it meant by its own act and deed? In this House, to be sure, we have every assistance that learning and practice can afford. We have a learned person (Mr. John Scott) among us, who is universally acknowledged to be the great luminary of the law, whose opinions are oracles, to whose skill and authority all his own profession look up with reverence and amazement. Well, Sir, what information have we gained from that most eminent person? I will not attempt to follow or repeat so long, and, as I have been told, so ingenious an argument. Ingenuity, it seems, is the quality which is chiefly wanted and relied on, on the present occasion. But I well remember the course of it. The first half hour of his speech, at least, was dedicated to himself. He told us who he was: he explained to us, very distinctly, the whole of his moral character, which I think was not immediately in question ; and assured the House that his integrity was the thing on which he valued himself most, and which we might with perfect security rely on. Of his learning, I confess he spoke with more than moderation,--with excessive humility. He almost stultified himself, for the purpose of proving his integrity. For the sake of his morality, he abandoned his learning; and seemed to dread the conclusions that might be drawn from 'an overrated opinion of his excessive skill and cunning in his profession. In my mind, Sir, there was no occasion for this extraordinary parade. The learned gentleman's reputation in private life, I believe, is unimpeached. What we wanted, what we expected of him, was his learning, not his character. At last, however, he proceeded to the subject of debate. Here we were all in profound silence: attention held us mute. Did he answer your expectation? Did you perfectly understand him? Did he perfectly understand himself? I doubt it much. If he had understood, he could have explained himself to the [MARCH 14.] meanest capacity. If you had distinctly understood him, you might distinctly remember what he said. Now, setting aside those who have been initiated in the mysteries of the profession, is there a man here who can remember and is able to state the learned gentleman's arguments?—I believe not. For my own part, though it is impossible

for me to listen with more attention than I did, I confess I soon lost sight of him. At first, indeed, he trifled with the subject, in a manner that was intelligible at least, perhaps dexterous, though not conclusive. He argued some little collateral points with a good deal of artifice: he made many subtle argumentative distinctions; he tried at least to involve us in nice, logical difficulties, and to drive us ad absurdum by what he called unavoidable inferences, from false premises. In short, he attacked or defended some of the out-posts of the questions, with what I suppose is held to be great ability in Westminster Hall. He skirmished well at a proper distance from the main body of the subject. All this I acknowledge. But when he came at last to the grand point, at which we had impatiently expected the predominant light of his superior learning, -the decision of the oracle,-did he resolve your doubts? Did he untie, or did he cut, the Gordian knot? Did he prove to you, in that frank, plain, popular way in which he ought to have addressed this popular assembly, and which he would have done if he had been sure of his ground,-did he demonstrate to you, that the Act of 1784, clearly and evidently, or even by unavoidable construction, gave the power declared by the present Bill? Sir, he did no such thing. If he did, let us hear it once more. He who understands can remember. He who remembers can repeat. I defy any man living, not a lawyer, to recite even the substance of that part of his argument. The truth is, he left the main question exactly where he found it. So it generally happens. It belongs to the learning of these gentlemen and to their prudence not to decide. It is so now. It was so 2000 years ago."-Having given an account of the consultation in Terence, after which the old gentleman who had desired the opinion of three lawyers, on the validity of his son's marriage, exclaimed Incertior sum multo quam dudum, he continued, "Well may the Court of Directors,-well may this House make the same observation on the present occasion. In the name of God and common sense, what have we gained by consulting these learned persons? It is really a strange thing, but it is certainly true, that the learned gentlemen on that side of the House, let the subject be what it may, always begin their speeches with a panegyric on their own integrity. You expect learning, and they give you morals; you expect law, and they give you ethics; you ask them for bread, and they give you a stone. In point of honour and morality, they are undoubtedly on a level with the rest of mankind. But why should they pretend to more? Why should they insist on taking the lead in morality? Why should they so perpetually insist upon their integrity as if that objection were in limine, as if that were the distinguishing characteristic, the prominent feature, of the profession? Equality is their right. I allow it. But that they have any just right to a superior morality, to a pure and elevated probity, to a frank, plain, simple, candid, unrefined integrity, beyond other men, is what I am not yet convinced of, and without new and unexpected proofs never will admit."*

*27 Parl. Hist. 263. For Mr. Scott's speeches on this subject, see 27 Parl. Hist. 37, 86, 186, 196.

The bill was sure to be carried by the overwhelming majorities which the Minister commanded, but the credit of the Government on this occasion was mainly supported by Mr. Scott-the Attorney and Solicitor General not having any weight in the House.

The expected promotion in the law had been long delayed by intrigues [JUNE.] respecting the appointment to the offices of Chief Justice of the King's Bench and Master of the Rolls; but at last, on the resignation of Lord Mansfield, Sir Lloyd Kenyon succeeded him-Pepper Arden, in spite of Thurlow, was made Master of the Rolls-and Sir Archibald Macdonald being promoted to be Attorney General, John Scott, Esq., was, to the high contentment of the Bar, and the general satisfaction of the public, appointed Solicitor General.

There were great rejoicings at Newcastle, particularly when the good folks there knew that their townsman had become SIR JOHN. He modestly wished to avoid knighthood, but George III. then laid down a rule, which has been adhered to ever since, that the Attorney and Solicitor General, and the Judges, if not "honourable" by birth, shall be knighted -to keep up the reputation of the ancient order of Knights-bachelorsand the ceremony ought to be cheerfully undergone by them, as an accompaniment of professional promotion. On this occasion, Macdonald, who, though Solicitor General for some years, had remained "plain Archy," now knelt, and rose SIR ARCHIBALD.

Sir John Scott gave an amusing account of his elevation in the following letter to his brother Henry:

"DEAR HARRY,

"I kissed the King's hand yesterday as Solicitor General. The King, in spite of my teeth, laid his sword upon my shoulder, and bid Sir John arise. At this last instance of his royal favour, I have been much disconcerted; but I cannot help myself, so I sing

'Oho, the delight

To be a gallant knight!'

I was completely taken in, having no idea that the King had any such intention. My wife is persecuted with her new title, and we laugh at her from morning till evening.—Be so good as with my best love to communicate this intelligence to my brother and sisters. Bessy joins in affection to your wife and Mary, and I am,

"Yours faithfully,

"J. SCOTT."* He had to go through the form of a re-election for Weobly, and he again treated the electors with a speech, in which he assured them, [JULY 11.] that "though in office under the Crown, he would continue to be a faithful guardian of the rights and liberties of the people."-The session of Parliament was closed almost immediately after he resumed his seat in the House of Commons, and there was an unexampled cessation of all political excitement. The Whig party seemed for ever annihilated;

* Twiss, i. 131.

its leaders, still labouring under the unpopularity they had incurred by the "coalition," had almost entirely ceased to offer any show of opposition to the measures of Government-and the country, rapidly advancing in wealth and prosperity after the disasters of the American war, hailed the choice of the Sovereign as a "heaven-born minister.” There was likewise profound peace abroad, and England was respected and courted by all foreign nations.

[A. D. 1788.]

It was expected that the new law officer, till in due gradation he was raised to the Bench, would never have any more anxious duty to perform than to sign a patent of peerage, or to prosecute a smuggler in the Court of Exchequer.

In the absence of all official business, he took the very unusual step of going the round of the Northern Circuit--although professional etiquette has always been understood to require that a barrister, being appointed Attorney or Solicitor General, shall immediately give up his circuit-which often produces great peril, and sometimes serious loss, when the administration which he joins is in a state of caducity. But I do not find that any complaint was made on this occasion, as when Mr. Wedderburn first joined the circuit with a silk gown. There was not even an “Information for Intrusion" filed against Sir John Scott by the Attorney General in the Grand Court, and he ever continued on the best terms with all his professional brethren. He took final leave of the Circuit at Lancaster, but for the rest of his days his great delight was to talk of the "Grand Court"-and we shall see that when he was ex-Chancellor a new generation of circuiteers took occasion to testify unabated regard for him.*

By a special grace, (passed unanimously at a Grand Court held at York on the 12th of July, 1847, for which I am most deeply grateful,) I have had access to the Records of the Northern Circuit, and I extract from them some interesting entries respecting Lord Eldon :—

"York Spring Assizes, 1778.

“The following members being severally summoned did not appear:

Mr. Scott

"Pd. each 1 Gall."

"At Appleby, Grand Night, 12 Augt. 1779.

" Present

Scott

"Mr. Scott having told the Court that, seduced by the instigation of the Devil and Mr. Lee, he had been induced to accompany the Judge from Mr. Bowes's at Gibside to Newcastle; and declaring his contrition for hugging him-was fined 1 Bottle.

Pd."

"Appleby, Grand Night, August 24th, 1780.

"Present

Scott

CHAPTER CXCV.

CONTINUATION OF THE LIFE OF LORD ELDON TILL HE BECAME ATTORNEY GENERAL.

NEVER was there in England such a sudden change in the aspect of public affairs as in the autumn of this year: scarcely had [A. D. 1788.] the Solicitor General returned to London, contemplating

"Mr. Attorney Gen1. Chambre, having repeated a request formerly made by him to this Court, that in conson of his great age and infirmities he might be permitted to resign his office of Attorney Gen1., was, in conson as well of his age and infirmities, as of his long, laborious, and faithful services in the discharge of that office, permitted so to do.

"The resignation of Mr. Atty Gen1. Chambre being thereupon accordingly made and accepted, Mr. Scott moved that Mr. Chambre be thanked by this Court for his assiduous and impartial discharge of his late office, which motion was carried unanimously in the affirmative, and Mr. Chambre was thanked accordingly.

"Mr. Solr. Gen'. Bolton was immediately elected to succeed to the office of Atty. Gen1., being vacant by the resignat" of Mr. Chambre, and Mr. Scott was likewise elected to succeed Mr. Bolton in the office of Solr. Gen1., become vacant by Mr. Bolton's promot. to that of Atty. Gen1.”

"Mr. Soll. General Scott made a very elegant and pointed speech, and having produced a printed hand-bill, which had been publicly distributed, giving an account of Sir J. Cockell's' great success at Skipton Sessions, he mov'd that Sir J. Cockell be congratulated in 2 Bottles for being triumphant at Skipton Sessions. Carried in the affirmative. pd."

"Appleby, Grand Night, 23d Aug. 1781.

"Mr. Atty. Gen1. Bolton permd. to resign his office of Atty. Gen1., and thanked for the able and faithful discharge of the duties of that high and important office. "Mr. Scott, Sol. Gen1., appointed Atty. Gen1.

"Mr. Hill, Mr. Campbell, and Sir Michael Angelo Taylor, Knight, candidates for the vacant office of Solr. Gen1.

"A poll being demanded, the numbers were for

"Whereupon the nos. being as above, Mr. Campbell was declared duly elected. Mr. Hill and Sir Mich'. Taylor having a dead majority, were allowed liberty to petition.

"The sev1. officers being bowed and sworn into their respve offices, the Court was adjourned to Lancaster.

"J. TOPPING, Junior."

1 He had been knighted by the Junior of the Circuit.