'Dr. Memis's cause was determined against him, with £40 costs. The Lord President, and two other of the Judges, dissented from the majority, upon this ground;—that although there may have been no intention to injure him by calling him Doctor of Medicine, instead of Physician, yet, as he remonstrated against the designation before the charter was printed off, and represented that it was disagreeable, and even hurtful to him, it was ill-natured to refuse to alter it, and let him have the designation to which he was certainly entitled. My own opinion is, that our court has judged wrong. The defendants were in malâ fide, to persist in naming him in a way that he disliked. You remember poor Goldsmith, when he grew important, and wished to appear Doctor Major [294], could not bear your calling him Goldy[295]. Would it not have been wrong to have named him so in your Preface to Shakspeare, or in any serious permanent writing of any sort? The difficulty is, whether an action should be allowed on such petty wrongs. De minimis non curat lex.
'The Negro cause is not yet decided. A memorial is preparing on the side of slavery. I shall send you a copy as soon as it is printed. Maclaurin is made happy by your approbation of his memorial for the black.
'Macquarry was here in the winter, and we passed an evening together.
The sale of his estate cannot be prevented.
'Sir Allan Maclean's suit against the Duke of Argyle, for recovering the ancient inheritance of his family, is now fairly before all our judges. I spoke for him yesterday, and Maclaurin to-day; Crosbie spoke to-day against him. Three more counsel are to be heard, and next week the cause will be determined. I send you the Informations, or Cases, on each side, which I hope you will read. You said to me when we were under Sir Allan's hospitable roof, "I will help him with my pen." You said it with a generous glow; and though his Grace of Argyle did afterwards mount you upon an excellent horse, upon which "you looked like a Bishop[296]," you must not swerve from your purpose at Inchkenneth. I wish you may understand the points at issue, amidst our Scotch law principles and phrases.
[Here followed a full state of the case, in which I endeavoured to make it as clear as I could to an Englishman, who had no knowledge of the formularies and technical language of the law of Scotland.]
'I shall inform you how the cause is decided here. But as it may be brought under the review of our Judges, and is certainly to be carried by appeal to the House of Lords, the assistance of such a mind as yours will be of consequence. Your paper on Vicious Intromission[297] is a noble proof of what you can do even in Scotch law.
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'I have not yet distributed all your books. Lord Hailes and Lord Monboddo have each received one, and return you thanks. Monboddo dined with me lately, and having drank tea, we were a good while by ourselves, and as I knew that he had read the Journey superficially, as he did not talk of it as I wished, I brought it to him, and read aloud several passages; and then he talked so, that I told him he was to have a copy from the authour. He begged that might be marked on it.
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'I ever am, my dear Sir,