179 Memoirs of the Life and Writings of Henry Home, Lord Kames, the celebrat ed Author of Elements of Critcifm,' &c *. HENRY HOME, Lord Kames, an eminent Scottish lawyer, and author of many celebrated works on various fubjects, was descended of a very honourable and ancient family, and born in the year 1696. Lord Kames's grandfather, Henry Home, was a younger fon of Sir John Home of Renton, who held the high office of lord, juft ce-clerk, or chief criminal judge of Scotland, in the year 1663. He received the eftate of Kames from his uncle George, brother to the then lord juftice c'erk. The family of Renton is defcended from that of the Earls of Home, the reprefentatives of the ancient Princes of Northumberland, as appears from the records of the Lyon Office. The county of Berwick in Scotland has the honour of having given birth to this great and ufeful memb. of fociety. In early youth he was lively, and eager in the acquifition of knowledge. He never attended a public fchool; but was inftructed in the ancient and modern languages, as well as in feveral branches of mathematics, and the arts neceffarily connected with that science, by Mr Wingate, a man of confiderable parts and learning, who spent many years as preceptor or private tutor to Mr Home. After studying with acuteness and diligence, at the univerfity of Edinburgh, the civil law, and the municipal law of his own country, Mr Home early perceived that a knowledge of thefe alone is not fufficient to make an accomplished lawyer. An acquaintance with the forms and practical business of courts, and efpecially of the fupreme court, as a member of which he was to feek for fame and cmolument, he confidered as effentially neceffary to qualify him to be a complete barrifter. He accordingly attended for fome time the chamber of a writer to the fignet, where he had an opportunity of learning the ftyles of legal deeds, and the modes of conduting different fp.cies of business. This wife ftep, independently of his great genius and unwearied application, procured him, after his admiffion to the bar, peculiar refpe&t from the court, and proportional employment in his profeffion of an advocate. Whoever perufes the law-papers compofed by Mr Home when a young man, will perceive an uncommon elegance of ftyle, b. fide great ingenuity of reafoning, and a thorough knowledge of the law and conflitution of his country. Thefe qualifications, together with the ftrength and vivacity of his natural abilities, foon raised him to be an ornament to the Scottish bar; and, on the 2d of February 1752, he was advanced to the bench as one of the judges of the Court of Seffion, under the title of Lord Kames f. Before this period, however, notwithstanding the unavoidable labours of his profeffion, Mr Home had favoured the world with feveral useful and ingenious works. In the year 1728, he published Remarkable Decifions of the Court of Seffion from 1716 to 1728, in one vol. folio.In 1732 appeared Effays upon feve al fubjects in law, viz. Jus tertii; Beneficium cedendarum actionum Vinco Vincentem; and Prescription; Ꮓ 2 8vo. For this, and the Life of Dr Henry, in our Magazine for July, we are indebted to the Encyclopedia Britannica. The Lords of Seffion in Scotland, upon their appointment to that office, are im mediately called Lords, and takes their title, as fuch, from their family cftate; b they fgn all their letters, &c. with their chriftian and furnames. 1 History of Procefs in Abfence: Hiftory of execution against moveables and Land for Payment of Debt: 8vo. This first produce of his origi. the other members of the college of jultice. This work was fucceeded. in the year 1741, by Decifions of the Court of Seffion from its first inftitution to the year 1740, abridged and digefted under proper heads, in form of a Dictionary, 2 vols. folio: A very laborious work, and of the greatest utility to every practical law. yer. In 1747 appeared Effays upon feveral fubjects concerning British Antiquities, viz. 1. Introduction of the feudal Law into Scotland. 2. Conftitution of Parliament. 3. Honour, Dignity. 4. Succeffion, or Defcent; with an Appendix upon hereditary and indefeafible Right,' compofed in 1745, and published 1747, in 8vo. In a preface to this work, Lord Kames in forms us, that in the years 1745 and 1746, when the nation was in great fufpence and diftraction, he retired to the country; and in order to banish as much as poffible the uncafinefs of his mind, he contrived the plan, and executed this ingenious performance. Though not in the order of time, we fhall continue the lift of all our author's writings on law, before we proceed to his productions on other fubjects. In 1757, he published The Statute Law of Scotland abr.dg ed, with hiftorical notes,' 8vo.; a moft ufeful and laborious work. In the year 1759, he prefented to the public a new work under the title of Hiftorical Law Tracts, 8vo. It contains fourteen interefting tracts, viz. History of the Criminal Law :Hiftory of Promifes and Covenants: Hiftory of Property:-Hiftory of Securities upon and for Payment of Debt: Hiftory of the Privilege which an Heir-apparent in a feudal Holding bas to continue the Poffeffion of his Anceftor-Hiftory of Regalities, and of the Privilege of repledgingHif tory of Courts:-Hiftory of Brieves. Payinent of Debt:-History of Execution for obtaining Payment after the Death of the Debtor-Hiftory of the limited and univerfal Reprefentation of Heirs Old and new Extest. In 1760, he published, in folio, The Principles of Equity a work which fhows both the fertility of the author's genius and his indefacigable application. In 1766, he gave to the public another volume in folio of Remarkable Decifions of the Court of Seffion, from 1730 to 17522 In 1777, appeared his Elucidation's refpecting the Common and Statute Law of Scotland, 8vo. This book contains many curious and interefting remarks upon fome intricate and dubious points which occur in the law of Scotland. In 1780, he published a volume in folio of Select Decifions of the Court of Seffion from 1752 to 1768.' ་ From this sketch of Lord Kames? compofitions and collections with a view to improve and elucidate the laws of Scotland, the reader may form fome idea of his great induftry, and of his anxious defire to promote the honour and welfare of his country, It remains to be remarked, that in the fupreme court there, the lawwritings of Lord Kames are held in equal eftimation, and quoted with c qual refpect, as thofe of Coke or Blackftone in the courts of England. Lord Kames's mind was very much inclined to metaphyfical difquifitions. When a young man, in order to improve himfelt in his favourite ftudy, he correfponded with the famous Berkeley tifhop of Cloyne, Dr But. ler bifhop of Durham, Dr Samuel Clarke, and many other ingenious and learned men both in Britain and Ireland. The letters of correfpondence, we are happy to learn, have been carefully preferved by his fon and hei? George George Home Drummond, Efq; of Blair Drummond. The year 1751 gave birth to the first fruits of his le rdfhip's metaphyfical fudies, under the title of Ellays on the principles of Morality and Natural Religion, in two parts. Though a fmall volume, it was replete with ingenuity and acute reasoning, excited general attention, and gave rife to much controverfy. It contained, in more expl cit terms than perhaps any other work of a religious theift then known in Scotland, the doctrine which has of late made fo much noife under the appellation of pilopphical neceffity. The fame thing had indeed been taught by Hobbs, by Collins, and by the celebrated David Hume; but as thofe authors either were profeffed infidels, or were fuppofed to be fuch, it excited, as coming from them, no wonder, and provoked for a time very hole indignation. But when a writer, who exhibited no fymptoms of extravagant fceptic:fm, who infinuated nothing against the truth of revelation in general, and who inculcated with earneftnefs the great duries of morality and natural religion, advanced at the fame time fo uncommon a doctrine as that of neceffiny a number of ens were immediately drawn against him, and for a while the work and its author were extremely obnoxious to a great part of the Scottish not on. On the other hand, there were some, and those not totally illiterate, who, confounding pecelity with predestination, complimemed Mr Home on his matterly defence of the etablished faith; and though between these two schemes there is no fort of refemblance, except that the future happiness or mifery of all men is, according to both, certainly foreknown and appointed by God, yet we remember that a proff for in a diffenting academy fo far muftook the one for the other, that he recommended to his pupils the Ellays on Morality and natural Religion, as containing a compiere vindication of the doctrine of Calvin. For this miftake he was difmiffed from his office. and excluded from the communion of the lect to which he belonged. Lord Kames, like many other great and good men, contigned a Neceffarian to the day of his death; but in a fubfequent edition of the eflays, he exhibited a remarkable proof of his candour and liberality of fentiment, by altering the expreffons, which, con trary to his intention, had given fuch general offence. נת In 1761, be published an Introduction to the Art of Thinking I 200. This fmall but valuable book was originally intended for the inftruction of his own family. The plan of it is both curious, amufing, and highly calculated to catch the attertion and to improve the mands of youth. It confifs of maxims collect d from Rochefoucault and many other authore. To illuftrate thefe maxime, and to rivet their fpirit and meaning in the minds of young perfons, his lord fhip has added to most of them beautiful torics, tables, and historical anecdotes. In the department of Biles Lettres, his Elements of Crinciím' appeared in 1762, in 3 vels. 8vo. This valua ble work is the first, and a most fuccessful attempt, to thow, that the art of criticism is founded on the pri ciples of human nature. Such a plan, it might be thought, fhould have preduced a dry and phlegmatic performauce.. Lord Kames, on the contrary, from the fightliness of his manner of treating every fubject he handled, has rendered the Een ents of Cr. cifm not only highly infire&tive, but one of the most entertaining tocks in our language. Before this work was published, Rollin's Belles Lettres, a dull performance, from which a fu dent could derive tile advantage. was univerfally recommended as a standard; standard; but, after the Elements of Criticism were presented to the public, Rollin inftantly vanithed, and gave place to greater genius and greater utility. With regard to real inftruction and genuine tafte in compofition of every kind, a ftudent, a gentleman, or scholar, can in no language find fuch a fertile field of information. Lord Kames accordingly had the happiness of feeing the good effects of his labours, and of enjoying for twenty years a reputation which he fo juttly merited. A fill farther proof of the genius and various purfuits of this active mind was given in the year 1772, when his lordship publifhed a work in 8vo, under the title of The Gentleman Farmer, being an attempt to improve Agriculture by fubje&ting it to the test of rational principles.' Our limits do not permit as to give details: but, with regard to this book, we mult inform the public, that all the intelligent farmers in Scotland uniformly declare, that, after perufing Young, Dickfon, and a hundred other writers on agriculture, Lord Kames's Gentleman Farmer contains the beft practical and rational information on the various articles of hufbandry which can any where be obtained. As a practical farmer, Lord Kames has given many obvious proofs of his fkill. After he fucceeded, in right of his lady, to the ample cftare of Blair-Drummond in the county of Perth, he formed a plan for turning a large mofs, confifling of at leaft 1500 acres, into arable land. His lordfhip had the pleasure, before he died, to fee the plan fuccefsfally, though only partially, executed. The fame plan is now carrying on in a much more rapid manner by his fon George Hone Drummend, Efq. In 1773, Lord Kames favoured the world with Sketches of the Hiftory of Man, 2 vols. 4to. This work confifts of a great variety of facts and obfervations concerning the nature of man; the produce of much and profitable reading. In the courfe of his ftudies and reafonings, he had amafed a vaft collection of materials. Thefe, when confiderably advanced in years, he digefted under proper heads, and fubmitted them to the confideration of the public. He intended that this book fhould be equally intelligible to women as to men; and, to accompiifh this end, when he had occafion to quote ancient or foreign books, he uniformly tranflated the paffages. The Sketches contain much useful iñ-· formation; and, like all his lordship's other performances, are lively and entertaining. We now come to Lord Kames's lat work, to which he modeftly gives the title of Loofe Hints upon Education, chiefly concerning the Culture of the Heart.' It was published in 1781, in 8vo, when the venerable and aitonishing author was in the 85th year of his age. Though his lordthip chofe to call them Loofe Hints, the intelligent reader will perceive in this compofition an uncommon activity of mind at an age fo far advanced beyond the ufual period of human life, and an earnest desire to form the minds of youth to honour, to virtue, to induitry, and to a veneration of the Deity. Befide the books we have enumerated, Lord Kames published many temporary and fugitive pieces in different periodical works. In the EFfays Phyfical and Literary,' publified by a fociety of gentlemen in Edinburgh, we find compofitions of his lordship On the Laws of Motion, Oổ the Advantages of Shallow Plough ing, and on Evaporation; all of which exhibit evident marks of genius and originality of thinking. How a man employed through life in public bufinefs, and in bufine's of the first importance, could find leifurė for to many different purfuits, and. practifing thefe leffons that Lord Kames rofe to literary eminence, in oppofition to all the obftacles which the tumult of public bulinefs could place in his way." To give a proper delineation of the public and private character of Lord Kames, would far exceed our limits. The writer of this article, however, who had the honour of an intimate acquaintance with this great and good man for more than twenty years, must be indulged in adding a few facts which fell under his own obfervation. excel in them, it is not eafy for a meaner mind to form even a conception. Mach, no doubt, is to be attributed to the fuperiority of his genius, but much muft likewife have been the refult of a proper diftribution of his time. He rofe early; when in the vigour of life, at four o'clock; in old age, at fix; and studied all morning. When the court was fitting, the duties of his office employed him from eight or nine to twelve or one; after which, if the weather permitted, he walked for two hours with fome literary friends, and then went home Lord Kames was remarkable for to dinner. While he was on the public fpirit, to which he conjoined bench, and we believe when he was activity and great exertion. He for at the bar, he neither give nor ac- a long tract of tinie had the principal cepted invitations to dinner during the management of all the focieties and term or feifion; and if any friend boards for promoting the trade, fishcame uninvited to dine with him, his eles, and manufactures, in Scotland. lordfhip difplayed his ufual cheerful- As conducive to thofe ends, he was a nefs and hofpirality, but always re- ftrenuous advocate for making and retired with his clerk as foon as he had pairing turnpike roads through every drunk a very few glaffes of wine, part of the country. He had likeleaving his company to be entertained wife a chief lead in the diftribution by his lady. The afternoon was fpent, and application of the funds arifing as the morning had been, in ftudy. from the cftates in Scotland which had In the evening he went to the theatre unfortunately been annexed to the or the concert, from which he re- crown. He was no lefs zealous in turned to the fociety of fome men of fupporting, both with his writings. learning, with whom he fat, late, and and perfonal influence, literary affiocidifplayed fuch talents for converfition ations. He was in fome measure as are not often found. It is obferved the parent of what was called the by a late celebrated author, that to phyfical and literary fociety. This read, write, and converfe, in due fociety was afterward incorporated proportions, is the bufinefs of a man into the Royal fociety of Edinbu- gh, of letters; and that he who hopes to which received a charter from the look back hereafter with fatisfaction crown, and which is daily producing upon past years, must learn to know marks of genius, as well as works of the value of fingle minutes, and en- real utility. deavour to let po particle of time fall ufelefs to the ground.' It was by As a private and domestic gentleman, Lord Kames was admired by both • Upon refleding on the ftudioufnefs of Lord Kames's difpofition, and his numerous terary productions, the reader will naturally recal to his mind a striking fimilarity between his lordship and the laborious Pliny the elder. In a letter from Pliny the younger to Macer, the following page occurs, which is equally applicable to both; Nonne videtur tibi, recordanti quantum legerit, atum fcripferit, nec in officiis ullis, nec in amiprincipum fuiffe which is thus tranflated y Melmouth: When you reflect on the ooks he has read, and the volumes he has written, are you not inclined to fufpect, that he never was engaged in the affairs of the public, or the fervice of his prince?' |