The Life of Samuel Johnson - James Boswell [265]
‘That from the rigour of the original institution this Court has sometimes departed, cannot be denied. But, as it is evident that such deviations, as they make law uncertain, make life unsafe, I hope, that of departing from it there will now be an end; that the wisdom of our ancestors will be treated with due reverence; and that consistent and steady decisions will furnish the people with a rule of action, and leave fraud and fraudulent intromission no future hope of impunity or escape.’
With such comprehension of mind, and such clearness of penetration, did he thus treat a subject altogether new to him, without any other preparation than my having stated to him the arguments which had been used on each side of the question. His intellectual powers appeared with peculiar lustre, when tried against those of a writer of so much fame as Lord Kames, and that too in his Lordship’s own department.
This masterly argument, after being prefaced and concluded with some sentencesofmy own, and garnished with the usual formularies, was actually printed and laid before the Lords of Session, but without success. My respected friend Lord Hailes, however, one of that honourable body, had critical sagacity enough to discover a more than ordinary hand in the Petition. I told him Dr. Johnson had favoured me with his pen. His Lordship, with wonderful acumen, pointed out exactly where his composition began, and where it ended. But that I may do impartial justice, and conform to the great rule of Courts, Suum cuique tribuito,354 I must add, that their Lordships in general, though they were pleased to call this ‘a well-drawn paper,’ preferred the former very inferiour petition which Ihad written; thus confirming the truth of an observation made to me by one of their number, in a merry mood: ‘My dear Sir, give yourself no trouble in the composition of the papers you present to us; for, indeed, it is casting pearls before swine.’
I renewed my solicitations that Dr. Johnson would this year accomplish his long-intended visit to Scotland.
‘To JAMES BOSWELL, ESQ.
To THE SAME – The regret has not been little with which I have missed a journey so pregnant with pleasing expectations, as that in which I could promise myself not only the gratification of curiosity, both rational and fanciful, but the delight of seeing those whom I love and esteem.∗∗∗∗∗∗∗. But such has been the course of things, that I could not come; and such has been, I am afraid, the state of my body, that it would not well have seconded my inclination. My body, I think, grows better, and I refer my hopes to another year; for I am very sincere in my design to pay the visit, and take the ramble. In the mean time, do not omit any opportunity of keeping up a favourable opinion of me in the minds of any of my friends. Beattie’s book355 is, I believe, every day more liked; at least, I like it more, as I look more upon it.
‘I am glad if you got credit by your cause, and am yet of opinion, that our cause was good, and that the determination ought to have been in your favour. Poor Hastie, I think, had but his deserts.
‘You promised to get me a little Pindar, you may add to it a little Anacreon.
‘The leisure which I cannot enjoy, it will be a pleasure to hear that you employ upon the antiquities of the feudal establishment. The whole system of ancient tenures is gradually passing away; and I wish to have the knowledge of it preserved adequate and complete. For such an institution makes a very important part of the history of mankind. Do not forget a design so worthy of a scholar who studies the laws of his country, and of a gentleman who may naturally be curious to know the condition of his own ancestors. I am, dear Sir, your’s with great affection,
‘August 31, 1772.’ ‘SAM. JOHNSON.’
‘To DR. JOHNSON
‘MY DEAR SIR, ‘Edinburgh, Dec. 25, 1772.
‘… I was much disappointed that you did not come to Scotland last autumn. However, I must own that your letter prevents me from complaining; not