horse had been ridden by a gentleman or
not. The judge finally addressed the jury in these words--"Gentlemen of
the jury, when I see you in that box I call you gentlemen, for I know
you are such. Custom has authorized me, and, from your office there, you
are entitled to be called gentlemen; but out of that box, I do not know
what may be deemed the requisites that constitute a gentleman--therefore
I can give you no direction," (a laugh.) The jury returned a verdict
that he was not a gentleman. The next morning he challenged the two
counsel, Law and Scott. They answered, they could not possibly fight one
who had been pronounced by the verdict of a jury to be no _gentleman_.
Politics now began to rise in the prospects of this intelligent and
indefatigable mind. The condition of the English lawyer forms as
striking a contrast to that of the Continental _jurisconsult_, as the
English constitution to the despotisms of Europe. Abroad, the lawyer may
be a man of whatever extent of attainment, but his sphere is strictly
professional; within that range he lives, makes a scanty income, with a
still more scanty fame, disputes for forty or fifty years, and dies.
France, of late years, is partially an exception, for France now extends
the range of her professions; but in all the rest, the existence of the
lawyer closely resembles the existence of the quadruped in the mill. In
England all is of a different and a higher order. The bar itself is but
a step; distinction in the courts is only the first stage of an ascent
which may raise the individual to eminence in government, as well as
dignity in the high places of his profession--it is the preparative for
wearing those honours which form a family, and give a pledge to fortune.
As the ancients said of the eagle, that, before he takes his flight for
the day, he prepares his wings by plunging them in the mountain stream,
the great lawyer has plunged in the depths of his profession only to
ascend into a higher range of power and prospect, and there to steer his
strong flight to the possession of all that man can desire.
On the formation of the Coalition ministry under North and Fox in 1783,
the great seal being in commission, Scott was appointed king's counsel;
but in this instance, so important to a young barrister, he yet showed
manliness. Saturday was the day on which he was to receive this honour;
but on ascertaining the Erskine and Pigot, both his juniors, and who
were also to have
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