[1] Scott's youthful love-dream lasted through several years. The lady eventually married Sir William Forbes of Pitsligo, who was a banker in Edinburgh. Sir William acted a very friendly part during Scott's financial disaster of 1826-27.
CHAPTER XIX
The Advocate's 'Trials'—Scott and Clerk admitted to the Bar—Walter's first Fee—Connection of the Scotts with Lord Braxfield—Scottish Judges—Stories of Braxfield.
The trials set to candidates for admission into the Faculty of Advocates were duly passed by Scott and his friend Clerk on the same days. They were formally admitted to the fraternity on the 11th of July, 1792.
There is always some story of the young Advocate's first fee. When the ceremony of 'putting on the gown' was completed, Scott said to Clerk, putting on the air and tone of some Highland lassie waiting at the Cross to be 'fee'd' for the harvest, 'We've stood here an hour by the Tron, hinny, an' deil a ane has speir'd our price.' The friends were about to leave the Outer Court, when a friend, a solicitor, came up and gave Scott his first guinea fee. As he and Clerk went down the High Street, they passed a hosier's shop, and Scott remarked, 'This is a sort of wedding-day, Willie; I think I must go in and buy me a new nightcap.' Thus he 'wared' his guinea, but it is pleasing to know that his first big fee was spent on a silver taper-stand for his mother, which (Lockhart tells) the old lady used to point to with great satisfaction, as it stood on her chimney-piece five-and-twenty years afterwards.
Scott's 'thesis'—no doubt, like Alan Fairford's, a very pretty piece of Latinity—was dedicated to the terrible Lord Braxfield, 'the giant of the bench,' as Cockburn calls him, 'whose very name makes people start yet.' Braxfield was a friend and near neighbour of the Scotts, his house being No. 28 George Square. It is said that he was rather kind to nervous young advocates at their first appearance in a case, so long as they were not 'Bar flunkies'—his term for brainless fops. Braxfield lives in popular tradition as a monster of rough and savage cruelty, and the sketch of the man by Cockburn bears out the character only too well. The sketch may be quoted in full, for its intrinsic interest, and for the vivid light it throws on the character and manners of Scottish judges in the century following the Union.
'Strong-built and dark, with rough eyebrows, powerful eyes, threatening lips, and a low growling voice, he was like a formidable blacksmith. His accent and his dialect were exaggerated Scotch; his language, like his thoughts, short, strong, and conclusive.... Within the range of the Feudal and the Civil branches, and in every matter depending on natural ability and practical sense, he was very great; and his power arose more from the force of his reasoning and his vigorous application of principle, than from either the extent or the accuracy of his learning.... He had a colloquial way of arguing, in the form of question and answer, which, done in his clear, abrupt style, imparted a dramatic directness and vivacity to the scene.
'With this intellectual force, as applied to law, his merits, I fear, cease. Illiterate, and without any taste for refined enjoyment, strength of understanding, which gave him power without cultivation, only encouraged him to a more contemptuous disdain of all natures less coarse than his own. Despising the growing improvement of manners, he shocked the feelings even of an age which, with more of the formality, had far less of the substance of decorum than our own. Thousands of his sayings have been preserved, and the substance of them is indecency; which he succeeded in making many people enjoy, or at least endure, by hearty laughter, energy of manner, and rough humour. Almost the only story I ever heard of him that had some fun in it without immodesty, was when a butler gave up his place because his lordship's wife was always scolding him. "Lord!" he exclaimed, "ye 've little to complain o'; ye may be thankfu' ye 're no married to her."
'It is impossible to blame his conduct as a criminal judge too gravely, or too severely. It was a disgrace to the age. A dexterous and practical trier of ordinary cases, he was harsh to prisoners even in his jocularity, and to every counsel whom he chose to dislike.... It may be doubted if he was ever so much in his element as when tauntingly repelling the last despairing claim of a wretched culprit, and sending him to Botany Bay or the gallows with an insulting jest; over which he would chuckle the more from observing that correct people were shocked.[1] Yet this was not from cruelty, for which he was too strong and too jovial, but from cherished coarseness....
[1] His remark to Margaret, one of the 'Friends of the People,' who made a speech in his own defence, was, 'Ye're a very clever chiel, man, but ye wad be nane the war o' a hanging.'