on the Laws of Rome, in the language in which they had been promulgated and compiled; and so wedded were the older members of the profession to this practice, that, when Mr. Lindsay (Mr. Millar’s immediate predecessor) began to deliver lectures on the Institutes of Justinian, in English, the Faculty of Advocates made formal application to the University, requesting that the practice of teaching the Civil Law in Latin might be restored. Mr. Lindsay, with a steadiness which did him honour, refused to yield to this interference; and Mr. Millar, from the moment he was appointed to the Chair, adopted the English language in all the courses of lectures which he delivered. But, as Latin is still used in the customary trials, preparatory to a young man’s being called to the Bar, he thought it proper to employ it in the daily<xiv> examination of the Civil Law classes, that his students might not be under the disadvantage of being altogether unaccustomed to the language in which the Faculty of Advocates still conduct their examinations.
Perhaps it is in some measure to the adoption of the English language in his several classes, that Mr. Millar owed part of his success. Had the same improvement been introduced at Edinburgh, it may, I think, be doubted whether his talents and utmost exertions could have raised the Law Classes of Glasgow from the low state to which they had fallen, and in which, from the absence of the Courts, they seemed destined to remain. But the Law Professors of Edinburgh, for a long time, continued to read their lectures in Latin, and, before they thought proper to abandon this custom, Mr. Millar’s fame was too well established, and too widely diffused, to admit of any competition.
Mr. Millar never wrote his Lectures; but was accustomed to speak from notes, containing his arrangement, his chief topics, and some of his principal facts and illustrations. For the transitions from one part of his subject to another, the occasional allusions, the smaller embellishments, and the whole of the expression, he trusted to that extemporane-<xv>ous eloquence, which seldom fails a speaker deeply interested in his subject. In some branches of science, where the utmost precision of language is requisite to avoid obscurity or error, such a mode of lecturing may be attended with much difficulty, and several disadvantages: But in Morals, in Jurisprudence, in Law, and in Politics, if the Professor make himself completely master of the different topics he is to illustrate, if he possess ideas clear and defined, with tolerable facility in expressing them, the little inelegancies into which he may occasionally be betrayed, the slight hesitation which he may not always escape, will be much more than compensated by the fulness of his illustrations, the energy of his manner, and that interest which is excited, both in the hearer and speaker, by extemporaneous eloquence.
Lecturing is obviously more connected with public speaking than with writing. In a finished composition, we expect to find the author’s arrangement accurate, his language correct and elegant, his ideas clearly and concisely expressed. Prolixity we regard as a fault both disagreeable and inexcusable; because, having his book before us, we can easily refer to any passage which we have forgotten or imperfectly comprehended, and thus<xvi> supply the defects of our memory or attention. In lecturing, the same rules will by no means apply. An idea must be turned on every side, that all its various connections may be perceived; it must be presented in a variety of lights, and a variety of forms, that, in some of them, it may be so fully impressed on the mind, as readily to recur when afterwards alluded to. For these purposes, it must be repeatedly urged with that earnestness of manner, which can seldom be commanded, in reading over, year after year, what was written at a distant period, and, probably, in a very different frame of mind. Those who were so fortunate as to witness the animation with which Mr. Millar delivered his Lectures, the delicacy with which he seemed to perceive when his audience fully understood his doctrines, the interest which he gave to subjects sometimes in themselves not very inviting, the clear conceptions that he conveyed, and the ardour of inquiry which he excited, will never hesitate to pronounce, that written lectures could not possibly have been so fascinating, or so instructive.
It is also a most important advantage attending extemporary lectures, that the Professor can, with ease to himself, follow the general progress of science, or insert the occasional results of his own<xvii> private investigations. The trouble of making alterations on written lectures is apt, on the contrary, to deter from future inquiry, and even to prevent the correction of acknowledged error. He who has, with much labour, transcribed a system of lectures sufficient for his regular course, can neither omit nor insert a topic, without extending or condensing some other department of his subject; he can change none of his principles, without altering his inferences, and expunging many allusions that may occur in other parts of his course; he can neither adopt new opinions, nor admit new facts, without inserting new conclusions, and new modifications of his other doctrines. Such a revision of written opinions will usually be found too great a task for human exertion; and the lectures will continue to be delivered with all their original imperfections. In the mean time, some of the students, more industrious than the rest, will perceive that the professor seems ignorant of what has been published on the science which he pretends to teach; the secret will soon be whispered round the class; and all respect for his talents and information will be irrecoverably gone. But an extemporaneous lecturer can alter, modify, and improve his system, with little comparative trouble. The addition of a few lines,<xviii> the expunging of a few words, even a particular mark upon the margin of his note book, will enable him to correct any errors into which he may have fallen, and to add whatever important discoveries have been made by himself or others. Accordingly, in Mr. Millar’s notes, now before me, I find some pages effaced, many references, and many leaves inserted; and, from a distinct recollection of particular conversations, I can decidedly assert, that, although he delivered the same courses of Lectures for forty years, many improvements were made, many important disquisitions were introduced, within a very short period of his death.
Not satisfied with explaining his opinions in the most perspicuous manner in his Lecture, Mr. Millar encouraged such of the students as had not fully comprehended his doctrines, or conceived that there was some error in his reasonings, to state to him their difficulties and objections. With this view, at the conclusion of the Lecture, a little circle of his most attentive pupils was formed around him, when the doctrines which had been delivered were canvassed with the most perfect freedom. Before a professor can admit of such a practice, he must be completely master of his subject, and have acquired some confidence in his own quickness at refuting objections, and detecting sophistry. A few instan-<xix>ces of defeat might be injurious to his reputation, and to the discipline of the class. But, should he possess a clear comprehension of all the bearings of his system, joined to quickness of understanding and tolerable ease of expression, he will derive the most important advantages from the unrestrained communications of his pupils. He will learn where he has failed to convey his ideas with accuracy, where he has been too concise, or where imperfect analogies have led him into slight mistakes; and he will easily find a future opportunity to introduce new illustrations, to explain what has been misapprehended, or correct what was really an error. To the students, such a practice insures accurate knowledge; it teaches the important lesson of considering opinions before adopting them, and gives an additional incitement to strict and vigilant attention. Accordingly, to be able to state difficulties with propriety, was justly looked upon by the more ingenious and attentive students as no slight proof of proficiency; and to be an active and intelligent member of the fire-side committee, never failed to give a young man some consideration among his companions.
The proper business of the Professorship to which Mr. Millar was appointed, is to deliver Lectures on the Institutions and Pandects of Justinian.<xx> But the employment of a whole winter in tracing, with the utmost accuracy and tedious erudition, the exact line of Roman Law, seemed to him a mere waste of time and study. Whatever it was useful to know of the Institutes, he thought might be sufficiently taught in the half of the session, or term; and he wished to devote the rest of it to a course of Lectures on Jurisprudence. After, therefore, going over the Institutes, according to the arrangement of Heineccius,10 and explaining the nature and origin of each particular right as it occurred, he began a new course of Lectures, in which he treated of such general principles of Law as pervade the codes of all nations, and have their origin in those sentiments of justice which are imprinted on the human heart.
The multifarious doctrines
