After this we have an Italian canzonet, on the praises of blue eyes (which were much in favor at this time); several pages of etymologies from Ducange; some more of notes on the Morte Arthur; extracts from the books of Adjournal, about Dame Janet Beaton, the Lady of Branksome of The Lay of the Last Minstrel, and her husband, "Sir Walter Scott of Buccleuch, called Wicked Wat;" other extracts about witches and fairies; various couplets from Hall's Satires; a passage from Albania; notes on the Second Sight, with extracts from Aubrey and Glanville; a "List of Ballads to be discovered or recovered;" extracts from Guerin de Montglave; and after many more similar entries, a table of the Mæso-Gothic, Anglo-Saxon and Runic alphabets—with a fourth section, headed German, but left blank. But enough perhaps of this record.
In November, 1792, Scott and Clerk began their regular attendance at the Parliament House, and Scott, to use Mr. Clerk's words, "by and by crept into a tolerable share of such business as may be expected from a writer's connection." By this we are to understand that he was employed from time to time by his father, and probably a few other solicitors, in that dreary every-day taskwork, chiefly of long written informations, and other papers for the Court, on which young counsellors of the Scotch Bar were then expected to bestow a great deal of trouble for very scanty pecuniary remuneration, and with scarcely a chance of finding reserved for their hands any matter that could elicit the display of superior knowledge of understanding. He had also his part in the cases of persons suing in forma pauperis; but how little important those that came to his share were, and how slender was the impression they had left on his mind, we may gather from a note on Redgauntlet, wherein he signifies his doubts whether he really had ever been engaged in what he has certainly made the cause célèbre of Poor Peter Peebles.
But he soon became as famous for his powers of storytelling among the lawyers of the Outer-House, as he had been among the companions of his High School days. The place where these idlers mostly congregated was called, it seems, by a name which sufficiently marks the date—it was the Mountain. Here, as Roger North says of the Court of King's Bench in his early day, "there was more news than law;"—here hour after hour passed away, week after week, month after month, and year after year, in the interchange of light-hearted merriment among a circle of young men, more than one of whom, in after-times, attained the highest honors of the profession. Among the most intimate of Scott's daily associates from this time, and during all his subsequent attendance at the Bar, were, besides various since-eminent persons that have been already named, the first legal antiquary of our time in Scotland, Mr. Thomas Thomson, and William Erskine, afterwards Lord Kinnedder. Mr. Clerk remembers complaining one morning on finding the group convulsed with laughter, that Duns Scotus had been forestalling him in a good story, which he had communicated privately the day before—adding, moreover, that his friend had not only stolen, but disguised it. "Why," answered he, skilfully waiving the main charge, "this is always the way with the Baronet. He is continually saying that I change his stories, whereas in fact I only put a cocked hat on their heads, and stick a cane into their hands—to make them fit for going into company."
The German class, of which we have an account in one of the Prefaces of 1830, was formed before the Christmas of 1792, and it included almost all these loungers of the Mountain. In the essay now referred to Scott traces the interest excited in Scotland on the subject of German literature to a paper read before the Royal Society of Edinburgh, on the 21st of April, 1788, by the author of The Man of Feeling. "The literary persons of Edinburgh," he says, "were then first made aware of the existence of works of genius in a language cognate with the English, and possessed of the same manly force of expression; they learned at the same time that the taste which dictated the German compositions was of a kind as nearly allied to the English as their language: those who were from their youth accustomed to admire Shakespeare and Milton, became acquainted for the first time with a race of poets, who had the same lofty ambition to spurn the flaming boundaries of the universe, and investigate the realms of Chaos and Old Night; and of dramatists, who, disclaiming the pedantry of the unities, sought, at the expense of occasional improbabilities and extravagance, to present life on the stage in its scenes of wildest contrast, and in all its boundless variety of character.... Their fictitious narratives, their ballad poetry, and other branches of their literature, which are particularly apt to bear the stamp of the extravagant and the supernatural, began also to occupy the attention of the British literati. In Edinburgh, where the remarkable coincidence between the German language and the Lowland Scottish encouraged young men to approach this newly discovered spring of literature, a class was formed of six or seven intimate friends, who proposed to make themselves acquainted with the German language. They were in the habit of being much together, and the time they spent in this new study was felt as a period of great amusement. One source of this diversion was the laziness of one of their number, the present author, who, averse to the necessary toil of grammar, and the rules, was in the practice of fighting his way to the knowledge of the German by his acquaintance with the Scottish and Anglo-Saxon dialects, and of course frequently committed blunders which were not lost on his more accurate and more studious companions." The teacher, Dr. Willich, a medical man, is then described as striving with little success to make his pupils sympathize in his own passion for the "sickly monotony" and "affected ecstasies" of Gessner's Death of Abel; and the young students, having at length acquired enough of the language for their respective purposes, as selecting for their private pursuits, some the philosophical treatises of Kant, others the dramas of Schiller and Goethe. The chief, if not the only Kantist of the party, was, I believe, John Macfarlan of Kirkton; among those who turned zealously to the popular belles-lettres of Germany were, with Scott, his most intimate friends of the period, William Clerk, William Erskine, and Thomas Thomson.
These studies were much encouraged by the example, and assisted by the advice, of an accomplished person, considerably Scott's superior in standing, Alexander Fraser Tytler, afterwards a Judge of the Court of Session by the title of Lord Woodhouselee. His version of Schiller's Robbers was one of the earliest from the German theatre, and no doubt stimulated his young friend to his first experiments in the same walk.
The contemporary familiars of those days almost all survive; but one, and afterwards the most intimate of them all, went before him; and I may therefore hazard in this place a few words on the influence which he exercised at this critical period on Scott's literary tastes and studies. William Erskine was the son of an Episcopalian clergyman in Perthshire, of a good family, but far from wealthy. He had received his early education at Glasgow, where, while attending the college lectures, he was boarded under the roof of Andrew Macdonald, the author of Vimonda, who then officiated as minister to a small congregation of Episcopalian nonconformists. From this unfortunate but very ingenious man, Erskine had derived, in boyhood, a strong passion for old English literature, more especially the Elizabethan dramatists; which, however, he combined with a far livelier relish for the classics of antiquity than either Scott or his master ever possessed. From the beginning, accordingly, Scott had in Erskine a monitor who—entering most warmly into his taste for national lore—the life of the past—and the bold and picturesque style of the original English school—was constantly urging the advantages to be derived from combining with its varied and masculine breadth of delineation such attention to the minor graces of arrangement and diction as might conciliate the fastidiousness of modern taste. Deferring what I may have to say as to Erskine's general character and manners, until I shall have approached the period when I myself had the pleasure of sharing his acquaintance, I introduce the general bearing of his literary opinions thus early, because I conceive there is no doubt that his companionship was, even in those days, highly serviceable to Scott as a student of the German drama and romance. Directed, as he mainly was in the ultimate determination of his literary ambition, by the example of their great founders, he appears to have run at first no trivial hazard of adopting the extravagances, both of thought and language, which he found blended in their works with such a captivating display of genius, and genius employed on subjects so much in unison with the deepest of his own juvenile predilections. His friendly critic was just, as well as delicate; and unmerciful severity as to the mingled absurdities and vulgarities of German detail commanded deliberate attention from one who admired not less enthusiastically than himself the genuine sublimity and pathos of his new favorites. I could, I believe, name one other at least among Scott's fellow-students of the same time, whose influence was combined in this matter with Erskine's; but his was that which continued to be exerted the longest, and always in the same direction. That it was not accompanied with entire success, the readers of The Doom of Devorgoil, to say nothing of minor blemishes in far better works, must acknowledge.
These German studies divided Scott's attention with the business of the courts of law, on which he was at least a regular attendant during the winter of 1792-93.
In March, when the Court rose, he proceeded into Galloway, where he had not before been, in order to make himself acquainted with the persons and localities mixed up with the case of a certain Rev. Mr. M'Naught, minister of Girthon, whose trial, on charges of habitual drunkenness, singing of lewd and profane songs, dancing and toying at a penny-wedding with a "sweetie wife" (that is, an itinerant vender of gingerbread, etc.), and moreover of promoting irregular marriages as a justice of the peace, was about to take place before the General Assembly of the Kirk.
As his "Case for M'Naught," dated May, 1793, is the first of his legal papers that I have discovered, and contains several characteristic enough turns, I make no apology for introducing a few extracts:—
At the head of the first class of offences stands the extraordinary assertion, that, being a Minister of the Gospel, the respondent had illegally undertaken the office of a justice of peace. It is, the respondent believes, the first time that ever the undertaking an office of such extensive utility was stated as a crime; for he humbly apprehends, that by conferring the office of a justice of the peace upon clergymen, their influence may, in the general case, be rendered more extensive among their parishioners, and many trifling causes be settled by them, which might lead the litigants to enormous expenses, and become the subject of much contention before other courts. The duty being only occasional, and not daily, cannot be said to interfere with those of their function; and their education, and presumed character, render them most proper for the office. It is indeed alleged that the Act 1584, chap. 133, excludes clergymen from acting under a commission of the peace. This Act, however, was passed at a time when it was of the highest importance to the Crown to wrench from the hands of the clergy the power of administering justice in civil cases, which had, from the ignorance of the laity, been enjoyed by them almost exclusively. During the whole reign of James VI., as is well known to the Reverend Court, such a jealousy subsisted betwixt the Church and the State, that those who were at the head of the latter endeavored, by every means in their power, to diminish the influence of the former. At present, when these dissensions happily no longer subsist, the law, as far as regards the office of justice of the peace, appears to have fallen into disuse, and the respondent conceives that any minister is capable of acting in that, or any other judicial capacity, provided it is of such a nature as not to withdraw much of his time from what the statute calls the comfort and edification of the flock committed to him. Further, the Act 1584 is virtually repealed by the statute 6th Anne, c. 6, sect. 2, which makes the Scots Law on the subject of justices of the peace the same with that of England, where the office is publicly exercised by the clergy of all descriptions.