of one
who was so moulded by the transmitted and acquired love of feudal
institutions with all their incidents, that he could not take any deep
interest in any other fashion of human society. Now the Scotch law
was full of vestiges and records of that period,--was indeed a great
standing monument of it; and in numbers of his writings Scott shows
with how deep an interest he had studied the Scotch law from this
point of view. He remarks somewhere that it was natural for a
Scotchman to feel a strong attachment to the principle of rank, if
only on the ground that almost any Scotchman might, under the Scotch
law, turn out to be heir-in-tail to some great Scotch title or estate
by the death of intervening relations. And the law which sometimes
caused such sudden transformations, had subsequently a true interest
for him of course as a novel writer, to say nothing of his interest in
it as an antiquarian and historian who loved to repeople 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 hi