The Origin of the Distinction of Ranks. John Millar

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The Origin of the Distinction of Ranks - John Millar Natural Law and Enlightenment Classics

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the ambition of him who is conscious of superior talents: Mr. Millar, accordingly, soon betrayed a desire to adopt a different profession, and to this he was probably still farther induced, by his occasional residences, during the summer, at Milheugh. His uncle, though much retired from the world, and naturally diffident and reserved, was a man of excellent understanding and most amiable<vi> manners. He had read, with much attention, whatever related to the history of his own country, and had observed, with much acuteness, the various struggles of parties during his own times. An ardent friend of civil and religious liberty, zealously attached to the Revolution settlement, and to the party of the Whigs, his early instructions probably contributed to form, in his nephew’s mind, those sentiments of independence, which, through his whole life, he himself had steadily maintained. Next to history and politics, his favourite subject of reading and conversation was Scotch Law, for which he always retained a fondness, derived from his early education, and perhaps increased by the consequence it gave him as a Justice of Peace among his country neighbours. It was natural that Mr. Millar, in choosing a profession, should be influenced by the taste of his uncle, with whom he had passed the early period of his life, who had instructed him by his conversation, and whom he saw respected for his understanding and legal knowledge. Fortunately Mr. Millar’s father, though much attached to his own profession, and desirous that his son should succeed him in those duties, from the regular and able discharge of which he had derived much happiness and great respectabi-<vii>lity, was not inflexible in his determination; so that, with little opposition from his friends, Mr. Millar was allowed to turn his attention from the Pulpit to the Bar.

      About the time that Mr. Millar had finished his studies at Glasgow, he received an invitation from Lord Kames to reside in his family, and superintend the education of his son. It would be superfluous to dwell on the advantages he must have derived from the society of a man, so remarkable for the variety of his knowledge, the ardour of his literary curiosity, and his talent in communicating information in its most pleasing form. Considering Mr. Millar as a young man of superior abilities and attainments, Lord Kames had much pleasure in solving any difficulties that occurred to him on subjects of law, and few days passed without some improving conversations on various topics of philosophical research.* In this society he spent about two years; during which time, that attachment to the study of the history of mankind and of political institutions, which Dr. Smith’s lectures had excited, could not fail to be strengthened by the<viii> communications of a philosopher engaged in nearly similar pursuits.

      It was chiefly at this period, also, that Mr. Millar had an opportunity of cultivating an acquaintance with Mr. Hume. The urbanity of this illustrious author never failed to conciliate the friendship even of those who viewed his political opinions with dislike, and his metaphysical tenets with abhorrence. Mr. Millar had few prejudices of this kind to conquer. Though a steady and zealous Whig himself, he had no enmity to speculative Tories; and, convinced of the truth of Mr. Hume’s metaphysical opinions, he was not of a temper to abandon a system, which appeared to him to afford a satisfactory explanation of many of the phenomena of the human mind, because it had been attacked by ignorant and illiberal abuse. Mr. Hume’s visit to the Continent, which took place a few years after this, together with Mr. Millar’s change of residence and numerous avocations, prevented this acquaintance from being improved into that intimacy, which their mutual respect would, in other circumstances, have produced; but they never failed to seize such opportunities of enjoying each other’s society, as afterwards occurred. From Mr. Hume, Mr. Millar received the same flattering mark of confidence as<ix> from Dr. Smith, having been entrusted with the education of his nephew, the present very eminent Professor of Scotch Law in the University of Edinburgh.7

      In 1760, Mr. Millar was called to the Bar; or, according to the Scotch technical phraseology, he passed advocate. He was fortunate enough, during the very short time he practised as a lawyer, to have some opportunities of appearing before the Inner House,* and, on these occasions, he received very flattering compliments from several of the Judges. He was indeed universally considered as a very rising young lawyer; and it was not without surprise that his friends learned his intention, on the death of Mr. Hercules Lindsay, of applying for the Law Professorship at Glasgow.8 It seemed to them an extraordinary want of ambition in a young man, whose talents entitled him to look forward to the highest honours of his profession, at once to abandon all these hopes, and sit down contented with the moderate revenue, and the less brilliant reputa-<x>tion, of a Teacher of Law. They knew that he could not be prompted to such a step by timidity, for his temper was uncommonly sanguine; nor by indolence, for never was a mind more active. He was induced, however, to take this resolution, by his having, about this time, married Miss Margaret Craig, a lady nearly of his own age, to whom, while visiting on a familiar footing at her mother’s, he had become strongly attached.

      He saw that it was impossible for a young lawyer, whatever his abilities and diligence might be, to maintain a family, even with the most rigid oeconomy; and he was unwilling to risk the becoming a burden on his father and uncle. The emoluments of a Professor of Law were not, indeed, very great; but they were much superior to what, for many years, he could expect to reach at the bar; they were sufficient to enable him to maintain a family in a respectable manner; and, by his own exertions, he hoped to increase the number of students, on which, at Glasgow, the emolument of a Professor chiefly depends. The situation, too, if not brilliant, was highly respectable; and he was happy to think, that those speculations on law and government, which had always been his favourite studies, were now to become the business of his life, the<xi> source of his income, and the foundation of his future reputation.

      With such views, he applied for the vacant Chair; and, through the interest of the guardians of the Duke of Hamilton, then a minor, and at the recommendation of Lord Kames and Dr. Smith, he was appointed Professor of Law in the University of Glasgow, in 1761, about sixteen months after he had been called to the bar.

      From the absence of the higher Courts of Justice, Glasgow lies under many obvious disadvantages, as a school of law; and, accordingly, the students of Law in that University, previously to Mr. Millar’s appointment, seldom exceeded four or five, and sometimes fell short even of that number. From the first moment of his appointment, there was a very general expectation that Mr. Millar would greatly improve, in this branch of education, the character of the University,9 but I believe his most sanguine friends never entertained the idea, that he could possibly raise it to that degree of celebrity, which it soon attained. The improvement, in a few years, became rapid: he had, frequently, about forty students of Civil Law; while those who attended his Lectures on Government, often amounted to a much greater number. To establish and maintain the reputation<xii> of his classes, became with him the principal object of his life; and never, perhaps, was any object followed out with more ardour or perseverance. He was not merely desirous to convey to his students just views and accurate information; but he was anxious to convey them in the manner most likely to seize the attention, and to produce habits of original thought and philosophical investigation; thus rendering Lectures, formerly considered as useful only to lawyers, the most important schools of general education.

      From the first establishment of the University, it had been the custom to employ the Latin language in all academical prelections; a custom originating in the exclusive admiration entertained of ancient literature, during the dark ages, and continued to later times, by the blind attachment of all public seminaries to old and antiquated forms. By degrees, it was discovered that every man will express his ideas with the greatest clearness and force in that language in which he is accustomed to think; and that an audience must lose much of the substance of a lecture, when part of the attention is necessarily occupied in estimating the exact import of the words. Such truths, obvious as they now appear, were but slowly received; but, at last, the practice of lecturing in English had been intro-<xiii>duced into the philosophical classes at Glasgow, and this alteration rendered it still more difficult for the students, now unaccustomed to follow the complicated arrangement of a Latin period, to comprehend, with facility and accuracy, the lectures on Roman Law, which still continued to be delivered in Latin. The old custom was however retained in those classes, after it had been laid aside in others, very possibly from some fancied propriety

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