Protestantism and freedom stained the | on hasty, ill-considered changes in obedihonoured name of Argyle.

an

ance to popular clamour. There are many On the other hand, it is impossible to who allege that such is the state of matters accept Mr. Mackay's estimate of his hero. at this very time. But for Stair's weakThe praises of Wodrow, and a few clerical ness there was much excuse. The root of admirers of Stair's "shining piety," can- the evils with which he had to deal was not outweigh the all but unanimous ver- judicial corruption; and that was, in his dict of contemporaries; the deliberate day, so wide-spread that he may reasonably judgments of Burnet, Scott, and Wood- have believed it incapable of cure otherhouslee. The actions of his life, indeed, wise than by legislative enactment. And describe him best-even as stated and the fact that, even after Parliamentary indefended by himself. A cruel or vindic- terference, the taint of corruption clung to tive man he was not. But he was subtle the Scottish Bench for upwards of a cenand crafty; greedy of place - though there tury, goes far to establish the correctness were lengths to which, even for the sake of such a belief. As a law-maker Stair of place, he would not go. It is difficult did little. The one important measure to acquit him of servility to Lauderdale; connected with his name is the act reguand when he describes his patron as "most lating the mode of executing deeds zealous for his country," and as having act which, at least as interpreted by subcome to be in difficulties "on account of sequent decisions, grievously needs amendhis favouring the phanatics," he wrote ment. The legal achievement which prinwhat he must have known to be untrue. cipally marks his epoch was the Entail In his "Apology" he boasts that he never Act of 1685. From any share in the distook a bribe- a height of judicial recti- credit of having imposed entails on Scottude to which there is reason to believe he land exactly four hundred years after the really attained. In his reports of two English nobles had inflicted this evil on cases, Fountainhall insinuates that the their country, and more than two hundred president was thought to have been actu- years after the boldness of the English ated by improper influences. The author-judges had found out a remedy, Stair must ity of Fountainhall is deservedly high; be acquitted. He was in Holland when but he does not state the charge as matter of his own belief, still less of his own knowledge; and, on the whole, not in such a way as to force a conviction of the guilt of Stair. He did much to reform procedure, especially during his first tenure of the presidency; but towards the end of his life, there arose on all sides violent outcries against his conduct of the business of the court; and it has been made Stair was a considerable author. matter of reproach against him that acts speculations on physic were behind his of Parliament were required to set right age. "The lord chancellor," said Harvey abuses — such as altering judgments, hear- of Bacon, "writes on science like a lord ing cases with closed doors, etc.—which chancellor;" and the sarcasm may be apshould have been put an end to by the plied, with greater force, to the writings of court itself. It is very probable that Stair Stair. His religious meditations will had not sufficient strength of character to hardly now be read save from curiosity. effect, by his own influence, the required But, as a jurist, he has left an illustrious changes. Down to the present day the name. His " Institutions of the Law of Court of Session has been too chary about Scotland" is a remarkable work. The reforming itself; too prone to wait for the historical part is weak, especially as reinterference of the legislature. Whether gards the old common law of Scotland, this strange timidity has arisen from igno- and the introduction of the civil jurisprurance of the evils, or from that content-dence; points full of interest, and in ment with things as they are which naturally steals over the judicial mind, we cannot say; but it has often brought the court into great unpopularity with the country, and then some reckless government forces

Burnet calls him "a cunning man;" Scott doubts

his integrity: Woodhouslee imputes "turbulent ambition and crafty policy" both to father and son.

the act was passed; and he has left on record his strong disapproval of its policy. That responsibility must be borne by Sir George Mackenzie; who, had he also realized his endeavours to abolish juries in criminal cases, would have left behind him a work of mischief, worthy, in its completeness and far-reaching power for evil, even of his reputation.

His

Stair's day possibly within reach of zealous
inquiry. But the value of the historical
method was not, in that
age, understood.
Again, he lends his authority to those ex-
treme views of the royal prerogative, or
more strictly, of the royal power, which
were insisted on by the Scotch lawyers
after the union of the crowns, at variance

have been assured by an eminent politician and lawyer that in his chapter on reprisals was found the strongest authority for the position taken up by Great Britain in the affair of the "Trent." Mr. Mackay seems to us to institute not a flattering or even a reasonable comparison when he compares Lord Stair's "Institutions" with the practical labours of Coke, or the easy commentaries of Blackstone. They are all law books. certainly; but they have no other point of resemblance. Stair's comprehensive and philosophic treatise differs in its conception from the former, and stands altogether on a higher level than the latter. "I did write," he says with a not ungraceful consciousness of desert, "the 'Institutions of the Law of Scotland,' and did derive it from that common law that rules the world, and compared it with the laws civil and canon, and with the customs of the neighbouring nations, which hath been so acceptable that few considerable families in the nation wanted the same, and I have seen them avending both in England and Holland."

Ma

with the free spirit of Scottish constitu- day work of the Scotch courts; and we tional law. His style has received an admiration which we cannot but think excessive. In his preface he warns his readers not to expect a "quaint and gliding style," still less "flourishes of eloquence." But he avoids, only too successfully, the error of that lucidity of diction, the charm of which, in some writers, lays such hold on the reader's mind, and so carries him along, as under a spell, that he sometimes fails to grasp the true reach of the thought. Stair's style has, no doubt, a force and dignity befitting his subject; but it is cumbrous, and often complicated, even to obscurity. The frequency of his allusions to the law of Moses, and to the Bible generally, are not edifying, and certainly not instructive; indeed his fondness for sacred sanctions has led him into a serious error of classification. Yet the scope and execution of the work entitle him to a high place among jurists. Scott expresses regret that "his powerful mind was unhappily exercised on so limited a subject as Scottish jurisprudence." The limits of a subject, however, depend not a little on the mode of treatment. Stair's work is not a mere compendium of Scotch law. As such, indeed, it stands high, even after the lapse of nearly two centuries; but a large portion of the work may be truly described as a treatise on jurisprudence generally, illustrated by reference to the law of Scotland and other systems. It has been compared, and not unreasonably, by one of his editors to "a treatise of universal grammar, where the author, keeping in view chiefly one language, and drawing most of his illustrations from it, enables the student not only more thoroughly to understand all the rules and principles upon which the grammar of this language depends, but also to apply this knowledge, with advantage and facility, to every other language to which he may turn his attention." He himself claims that "a great part of what is here offered is common to most civil nations, and is not like to be displeasing to the judicious and sober anywhere, who doat not so much upon their own customs as to think that none else are worthy of their notice." This comprehensive survey of legal relations common to all systems, the constant search after principle, the philosophical analysis, and the thorough technical knowledge, have given to a large part of his treatise a vitality and width of application unexampled, we think, among works of the same class. To this day "Stair" is constantly quoted in the every

Inferior to his father in legal acquirement, Sir John Dalrymple was, in many respects, a more remarkable man. caulay estimates him as one of the first men of his time. His knowledge was great, and in him it was not the knowledge of a pedant, but of a thorough man of the world. As a statesman he was profound and far-seeing; as a debater he had no equal. His letters show a love of reality, an impatience of pretence, an insight into character, a contempt for national prejudices, rare among Scotchmen of any time, hardly known among Scotchmen in his day. His character was altogether a stronger one than his father's. Quite as unscrupulous, even more impenetrable, he was yet simpler and bolder. Hence, while hated with especial hatred by his rivals in the Parliament House,* he does not seem to have incurred the general unpopularity of his father. Nor is this surprising. The never-failing caution of the president; his astute devices, on occasions of difficulty, to save his reputation-such as the verbal qualification with which he took the declaration; his intense respectability; his profuse piety;

Thus Lockhart: "The Master (of Stair) is among the worst men in this age; and what has been said of the whole name; only with this difference, that, tho him may serve for a character of his two brothers, yea, they were all equally willing, yet not equally capable of doing so much evil as his lordship."

Stair clearly apprehended the

self to frustrate them. His success was complete, and happy for his country. On the union of Scotland with a constitution which had been the nurse of freedom, with the deeply-rooted public spirit, and, above all, with the increasing prosperity of England, that danger finally passed away.

his forgiveness of enemies, almost Peck- | desired. sniffian;* and his general success in life; scope of these designs, and devoted himwere more calculated to arouse animosity than the franker tergiversations and bolder courses of the son, who, if he did some wrong, at least never made profession of exceeding virtue. "He was," says De Foe, "justly reputed the greatest man of counsel in the kingdom of Scotland;" and we are told by the same authority that "he died to the general grief of the whole Such were the lives, and such the servisland, being universally lamented." This ices, of these remarkable men. That their grief was not without good cause. Those lives were marred by shortcomings, by who hated Sir John Dalrymple most hated errors, even by crimes, we have not athim because of services which constitute tempted to disguise. That their services an enduring title to the gratitude of his were such as have rarely been rendered countrymen, and which must have been by a father and son to their country, it widely appreciated even in his lifetime. would, we think, be idle to deny. In charFor some years after the Revolution Scot-acter both rose above the low standard of land was exposed to a danger the charac- political morality which prevailed in their ter and extent of which has hardly been time. Throughout all their changes they appreciated by historians. A band of were faithful to the cause which for the politicians, powerful from social position, time they served; and they appear to have strong in persistency of purpose, were been ever animated by a sincere desire for bent upon establishing a narrow oligarchy. the welfare of their country. In intellect, They sought to deprive the crown of all culture, and sagacity they were superior to authority; they were prepared to reduce all their contemporaries. To their counthe people to serfdom; the country was sels and exertions Scotland mainly owes to be delivered over to a poor, greedy, the easy accession of William to her unprincipled aristocracy. Had they pre- throne, the settlement of her ecclesiastical vailed, the future of Scotland would have difficulties, and (to the son) the union. been little better than the long misery of Few nations have owed more to two Ireland from the Revolution to the union. statesmen: yet much as they accomplished, Religious hatreds might not have flamed much of necessity remained to be done. so high; but in Scotland, not less than in Materials for religious discord were still Ireland, the domination of a small privi- rife. The Highlands were left, unruly and leged class would have brought with it discontented, to be the source of future poverty, backwardness, and national deg- trouble and danger. The commercial radation. To frustrate these pernicious prosperity - the expectation of which designs was the leading purpose of the was, on the Scotch side, the real inducing secretary's public life. The danger by cause of the union did not come speedno means passed away with the breaking- ily. What did come, and at once, was inup of the notorious "Club." The country crease of taxation, severities of revenue was not safe, Dalrymple's triumph was officers, alterations of ancient laws, ennot secured, until the Treaty of Union forcement of new prerogatives. These was signed. To the very last these grievances -some of them not imaginary "patriots" struggled to curtail the royal - fell upon the fertile soil of national anipower, trusting that the reversion would mosity. The union was hated by the bulk come to them. Seeing early that they of the Scottish aristocracy, because under could not hope to defeat the union alto- the government of Great Britain their imgether, they sought thus indirectly to portance could not fail to be diminished, make it ineffectual for good; and doubt their selfish views frustrated; it was hated less the provisions which they sought to by the bulk of the Scottish people with a introduce would have had the effect they hatred which had its origin in a nobler source the feelings and traditions bequeathed by their long and cruel struggle for independence. But the work of healing was only a question of time. foundations of well-being and mutual goodwill had been laid strong and deep; and, happily for Scotland, there were not wanting men, both among her nobles and her

"Most men thought this equality of spirit a mere hypocrisy in him," says Sir George Mackenzie. An attempt, in the debates on the articles of union, to take away the royal prerogative of mercy was, of course, opposed by Dalrymple, which brought on him the taunt from Lockhart that his defence of this prerogative was very natural, since but for its exercise he would have been hanged long ago! Rather too hard hitting for our degenerate days.

The

iawyers, worthy and able to carry on the policy, and complete the purposes, of William and his wise advisers.

From Temple Bar.

HER DEAREST FOE.

CHAPTER XXXV.

then stirred the fire, took off her bonnet and wraps, and even folded them up with mechanical neatness, before she opened the missive. How would this straightfor ward, rather rigid nature judge her? Would she not seem false and doubledealing in his eyes? Would not his idea of his cousin's widow be on the whole confirmed by the line of conduct she had adopted? What did he write about? Perhaps to say he was obliged to leave town and should not see her again. She hoped so; it would be better and wiser. She opened the note, and coloured with pleas

THE only result of Mrs. Temple's daily visits of enquiry to the office of Messrs. Wall & Wreford was the promised communication from Captain Gregory, enclosure to find her conjecture wrong. ing a letter of his late father's with his signature, which she placed carefully with the documents Tom Reed had left her for Mr. Wall's information. Kate felt greatly tempted to proceed to Doctors' Commons and compare the writing with that upon the will, but she feared to take any step without either Reed's or Mr. Wall's knowledge. She therefore strove to possess her soul in patience till the moment for action came.

Tom wrote also. He had paid the last tribute of respect to the remains of his chief, and hoped to be in London within another week. So far there was a slight movement in her enforced stagnation. At last, on Thursday morning, when she had gone down to the office more mechanically than hopefully, she found good tidings. Mr. Wall had arrived the night before, had been at the office that morning for half an hour, had read his letters, and left word that he would be happy to see Mrs. Travers the next day at eleven. (She had left no address, not liking to acknowledge that she bore a feigned name at her lodgings.)

This sudden fulfilment of her long delayed hope sent her back to her temporary abode somewhat tremulous, with a curious confusion of thought seething and bubbling round one central idea. "Tomorrow I am to lay the first charge in the mine that is to shatter Hugh's fortunes! Will he ever accept the fragments back from the hands that wrought the mis

chief?"

She felt that in her present mood she could not meet Galbraith, so purposely made a long détour in order to reach her lodgings after his usual hour for calling.

"The gentleman has been here, ma'am," said the landlady, as she opened the door. "He was very sorry to miss you, and asked to come in and write a note: it's on

the table."

Kate walked in, and looked at it, and

"So sorry not to find you," ran the epistle, in large, ugly, but legible writing; "for I cannot call to-morrow. Obliged to run down to see my sister at Richmond; but hope to call the day after with some intelligence of your five pounds. I trust you have caught the lawyer at last, and found all right. Yours very truly, HUGH GALBRAITH."

Something had been begun below, and had been carefully obliterated. She had to-morrow, then, perfectly clear for her interview, and for reflection afterwards; but the day after she would see him for the last time as a friend, probably for the last time in any character. Soon he would be a bitterer, probably a more contemptuous foe than ever. And then the thought arose ought she to see him again? Would it not be wiser and kinder to avoid any further interviews? She blushed to think she had not hitherto avoided them as she ought she might! Well, now she would check the culpable weakness; she would be firm. If it were possible, after her interview with Mr. Wall the next day, she would leave town on Satur day, and send a few lines of polite acknowledgment to Galbraith. Of the lost five pounds they had almost ceased to speak. She felt it was now but an excuse for meeting. Not altogether blinded by his tolerable assumption of friendliness, Kate had formed but a faint idea of the depth and reality of Galbraith's passion for her. In truth, though mature in some ways, especially in a genial mellowness, resulting from richness of nature rather than the ripening of time, Kate was only learning the A B C of love. As yet she did not quite recognize the direction in which her own feelings were drifting. The ice of an uncongenial marriage clos ing over the warm currents of her heart kept it pure and free from all the false mirage-like shadows of the real deity, but ready to receive the fullest, deepest, most

indelible impression of the true god once he either smiled or frowned upon her.

"I certainly would have urged your acceptance of it," he returned, entrenching himself behind his professional man

"Well, well, Mr. Wall, let us speak seriously. I am going to tell you everyAs to her lover, whatever chance of re-thing- everything under the seal of covery he might have had before, the last confession. Had you known my abode week of quiet, delicious intercourse had you would have persecuted me to accept utterly swept away; and with all the force Sir Hugh Galbraith's splendid offer of of his will he resolved that nothing but three hundred a year, would you not?". her own resolute rejection of him should separate them. Her past might be doubtful. He felt certain she could explain everything. That any shadow of dis-ner once more. honour should ever dim those frank, fear- "Well, you see I have escaped that by less eyes, he would not for a moment be- concealing my whereabouts," resumed his lieve. Whatever was in the past or future, client. "Moreover, my chief reason for the spell of her presence had struck the hiding it was to save you the shock you imprisoned fountain of youth and joy that would have probably felt had you known had so long lain congealed in the dark re- that I had made up my mind to keep a cesses of his soul, and all the world was shop, instead of adopting any genteeler changed to him. method of earning my bread."

Having fully determined to explain everything to Mr. Wall, and arrange, if possible, to leave town the next day without seeing Galbraith, Kate started to keep her appointment. It was nearly two years since she had gone into that wellremembered room, with a suppressed sensation of bitter wrath and defeat, to place the will that laid her fortunes low in the hands of the lawyer, and now she was taking the first step towards the recovery of her rights with feelings not a whit less painful.

"Well, Mrs. Travers," said Mr. Wall, a little stiffly, "this is a very unexpected visit indeed. I thought you had disappeared altogether."

"And you are not the least glad to see me?"

She took the lawyer's wrinkled hand as she spoke, smiling with pleasant reproachfulness.

"I confess I should have been better pleased had you treated me with more confidence, of which I flatter myself I am not undeserving," replied Mr. Wall, visibly relaxing.

"You deserve, and you have my best confidence, my dear sir. I know you are displeased at my concealing my abode from you."

"I am, and naturally. Nor was it judicious to have for your sole confidant a young mana young man of attractive manners and appearance," he interrupted. "Instead of one older, certainly, but similar in other respects."

"Ah, my dear lady, that will not do," returned Mr. Wall, smiling in spite of himself, so sweetly and brightly was this morsel of transparent flattery offered.

"A shop!" echoed Mr. Wall, infinitely surprised, not to say horrified. My late respected friend and client's name over a shop!"

66

Considering that you believe your respected client capable of leaving the wife he professed to love unprovided for, penniless, to battle alone with the world, you have no right to exclaim at any honest use I may put his name to," said Kate, very quietly. "But as I have a higher opinion of him than you have, and never will believe that he was guilty of the cruel will you accept, I preserved the respect due — you would say to his name, I say due to his natural prejudices and did not put his name over my-shop," a little pause, an arch smile as she pronounced the obnoxious word. "Nay, more, Mr. Wall; I dropped the name altogether."

"Have you been living under a false name, then?" asked Mr. Wall drily, in a tone which implied the highest moral disapprobation, and not only expressed his real feeling, but was a quid pro quo for the tone of quiet rebuke she had adopted, and which nettled the orthodox lawyer, as showing too high a spirit of independence for a woman, and a poor woman to boot. Mr. Wall was a very good, honest man, but thoroughly imbued with the "respectability-worship" which pervades so large and so valuable a section of English life. He flattered himself that he had the presumptuous young widow, who was after all only reduced to her original nothingness by her husband's eccentric will, at his foot, morally, by the admission she had just made. You have been living under a false name, then?"

66

"Precisely," she replied, looking straight into his eyes, with an expression he did