249 fountainhead. Burnet was naturally a man of very keen passions, of an independent tone of thinking, and whatever opinion he once espoused, he was neither ashamed nor afraid to avow it openly. He dreaded no consequences, neither did he regard the opinions of others. If he had the authority of Plato or Aristotle, he was quite satisfied, and, how para- doxical soever the sentiment might be, or contrary to what was popular or generally received, he did not in the least regard. Revolutions of various kinds were beginning to be introduced into the schools; but these he either neglected or despised. The Newtonian philosophy in particular had begun to attract attention, and public lecturers upon its lead- ing doctrines had been established in almost all the British universities; but their very novelty was a suffi- cient reason for his neglecting them. The laws by which the material world is regulated were con- sidered by him as of vastly inferior importance to what regarded mind, and its diversified operations. To the contemplation of the latter, therefore, his chief study was directed. Having been early designed for the Scottish bar, he wisely resolved to lay a good foundation, and to suffer nothing to interfere with what was now to be the main business of his life. To obtain eminence in the profession of the law depends less upon contin- gencies than in any of the other learned professions. Wealth, splendid connections, and circumstances merely casual, have brought forward many physicians and divines, who had nothing else to recommend them. But though these may be excellent subsidi- aries, they are not sufficient of themselves to consti- tute a distinguished lawyer. Besides good natural abilities, the most severe application, and uncommon diligence in the acquisition of extensive legal know- ledge, are absolutely necessary. At every step the neophyte is obliged to make trial of his strength with his opponents, and as the public are seldom in a mistake for any length of time, where their in- terests are materially concerned, his station is very soon fixed. The intimate connection that subsists between the civil or Roman law, and the law of Scotland, is well known. The one is founded upon the other. According to the custom of Scotland at that time, Burnet repaired to Holland, where the best masters in this study were then settled. At the university of Groningen he remained for three years, assiduously attending the lectures on the civil law. He then returned to his native country so perfectly accomplished as a civilian, that, during the course of a long life, his opinions on difficult points of this law were highly respected. He happened to arrive in Edinburgh from Holland on the night of Porteous mob. His lodgings were in the Lawnmarket, in the vicinity of the Tolbooth, and hearing a great noise in the street, from a motive of curiosity he sallied forth to witness the scene. Some person, however, had recognized him, and it was currently reported that he was one of the ring- leaders. He was likely to have been put to some trouble on this account, had he not been able to prove that he had just arrived from abroad, and therefore could know nothing of what was in agita- tion. He was wont to relate with great spirit the circumstances that attended this singular transaction. In 1737 he became a member of the Faculty of Advocates, and in process of time came into con- siderable practice. His chief patrons in early life wereLord justice-clerk Milton, Lord-president Forbes, and Erskine Lord Tinwald or Alva. The last had been a professor in the university of Edinburgh, and being an excellent Greek scholar, knew how to esti- mate his talents. During the rebellion of 1745, Burnet went to London, and prudently declining to take any part in the politics of that troublous period, he spent the time chiefly in the company and conversation of his literary friends. Among these were Thomson the poet, Lord Littleton, and Dr. Armstrong. When peace was restored, he returned to Scotland. About 1760 he married a beautiful and accomplished lady, Miss Farquharson, a relation of Marischal Keith, by whom he had a son and two daughters. What first brought him into very prominent notice, was the share he had in conducting the celebrated Douglas' cause. No question ever came before a court of law which interested the public to a greater degree. In Scotland it became in a manner a national question, for the whole country was divided, and ranged on one side or the other. Mr. Burnet was counsel for Mr. Douglas, and went thrice to France to assist in leading the proof taken there. This he was well qualified to do, for, during his studies in Holland, he had acquired the practice of speaking the French language with great facility. Such interest did this cause excite, that the pleadings before the Court of Session lasted thirty-one days, and the most eminent lawyers were engaged. It is a curious historical fact, that almost all the lawyers on both sides were afterwards raised to the bench. Mr. Burnet was, in 1764, made sheriff of his native county, and on the 12th February, 1767, through the interest of the Duke of Queensberry, lord justice-general, he suc- ceeded Lord Milton as a lord of session, under the title of Lord Monboddo. It is said that he refused a justiciary gown, being unwilling that his studies should be interrupted during the vacation by any additional engagements. The first work which he published was on The Origin and Progress of Language. The first volume appeared in 1771, the second in 1773, and the third in 1776. This treatise attracted a great deal of attention on account of the singularity of some of the doctrines which it advanced. In the first part, he gives a very learned, elaborate, and abstruse account of the origin of ideas, according to the metaphysics of Plato and the commentators on Aristotle, philosophers to whose writings and theories he was devotedly attached. He then treats of the origin of human society and of lan- guage, which he considers as a human invention, with- out paying the least regard to the scriptural accounts. He represents men as having originally been, and who continued for many ages to be, no better than beasts, and indeed in many respects worse; as destitute of speech, of reason, of conscience, of social affection, and of everything that can confer dignity upon a creature, and possessed of nothing but external sense and memory, and a capacity of improvement. The system is not a new one, being borrowed from Lucre- tius, of whose account of it Horace gives an exact abridgment in these lines:—Cum prorepserunt primis animalia terris, mutum et turpe pecus," &c., which Lord Monboddo takes for his motto, and which, he said, comprehended in miniature the whole history of man. In regard to facts that make for his system he is amazingly credulous, but blind and sceptical in regard to everything of an opposite tendency. He asserts with the utmost gravity and confidence, that the orang-outangs are of the human species—that in the Bay of Bengal there exists a nation of human creatures with tails, discovered 130 years before by a Swedish skipper—that the beavers and sea-cats are social and political animals, though man, by nature, is neither social nor political, nor even rational—reason, reflection, a sense of right and wrong, society, policy, and even thought, being, in the human species, as much the effects of art, contrivance, and long experi-