CHAP. I. 7 D. p. 425. INTRODUCTION. be a syllable. But experience is at hand here also with her examples to enforce attention and instruction, and we could not have a more striking instance of the necessity of a minute and perfect apprehension of the precise sense and effect of terms, than in the case of Eglintoun v. Montgomerie, 14th February 1845. This was also the case of an entail, the prohibition to sell being qualified by the words "redeemably or under reversion." But these words describe only one kind of sale or alienation, viz., that which is made with a reserved power to the disponer to reacquire. In order effectually to exclude an absolute sale, the word, instead of redeemably, should have been IRredeemably; and there can be no doubt that the intention of the entailer required the use of the latter word. But in consequence of this error alone, the strict interpretation of entails, as we shall afterwards find, not allowing correction by reference to intention, it was decided that the entail contained no effectual prohibition against sales. So that here the entailer's destination of large estates was defeated by the omission of one syllable of a word. No conveyancer may safely affirm, that such an oversight might not have happened in his own practice. In the pressure of business, in the iteration of forms, and in the habit, too easily acquired, of unconsciously using words without on each occasion distinctly apprehending their import, there are causes sufficient to prevent wonder at the occurrence of errors. The use which they serve is to admonish us to guard against them, by attaining a familiar knowledge of legal terms, and at the same time watchful and minute habits of attention. If, then, the purpose of this class were perfectly attained, no student would leave it, without having had the opportunity of learning the causes in history, and in the manners and customs of our forefathers, which gave birth to our legal instruments, and to that part of our jurisprudence which relates to them,-with the source and import of their form, and of the expressions and individual words which they contain; and he would have presented to him also everything in the statutes and reports of decisions and institutional authorities, which determines, modifies, or illustrates the terms and effect of any instrument, which in his professional career he can be called upon to frame. Within the limits necessarily assigned to our studies here, it would be vain to hope that this idea can be realized in a complete and satisfactory manner. It shall be my endeavour, however, in so far as time will permit, to trace the successive portions of the subject from their sources in History, advancing Civilisation, and Law, so that the student may not be ushered at once into the presence of a technical practice, of which, as regards their origin, the words are to him unintelligible, and the forms unmeaning; but may rather approach his important duties through the avenue of principle and intelligence, and have his acquaintance with the form and effect of deeds based CHAP. I. upon an accurate knowledge and clear perception of their first source INTRODUCTION. and original purpose, and of the causes in positive law, fluctuation of legal opinion, or change of manners, which have given to them their present shape and significance. NOTE TO PAGE 6. Professor Menzies occasionally commenced his Introductory Lecture with the following remarks:-- It would ill become me to address any remarks designed to affect the choice of a profession to those by whom that choice has already been made. Our business here is to prepare for the exercise of a profession already selected; and however important may be the step of choosing a profession, that step undoubtedly yields in importance to the preparation for its duties. At the outset of life, it is natural to compare the advantages of different professions, and the degrees of elevation so variously ascribed to them in the social scale; and such considerations are important as regards the adaptation of his calling to the qualities of the person making the choice. But that variety of elevation which conventional rules assign to different vocations, exhibits its widest disparity to the eye which takes its view from the lower level of observation and sentiment. The inequality is lessened, when the spectator looks from above; and to the reflecting mind, conversant with a higher sphere of thought and feeling, the distinctions of earthly occupations are wonderfully modified, when contemplated in the light of that upper atmosphere. The more deeply the inquiry is pursued, the more clearly does the thoughtful spirit perceive that true dignity and essential worth are internal, in the heart and character; and that, whatever may be the impressions of others, whatever the effect of the habits. and arrangements which currently obtain, he is nearest to excellence, be his profession what it may, who has the highest sense of what is pure and upright, and whose conduct and deportment are most in harmony with that perception. Although, therefore, we are accustomed to associate degrees of importance and of dignity, and even of sacredness, with particular professions, it is manifest that there is no inherent virtue in any calling, capable of imparting dignity or honour, or worth or sanctity, to the person who exercises it, independently of his own character and conduct. It is a consequence as well as a proof of Infinite Wisdom and Goodness, that the variety of human wants and interests provides a multiplicity of avocations suited to the infinite variety of human faculties. and attainments. The highest and most precious attribute, which is common to every NOTE TO INTRODUCTION. profession, is, that it supplies and imposes a DUTY,-a sense of obligation not only in relation to our fellow-creatures, but chiefly towards CHAPTER I. Him by whom our faculties were bestowed, in order that His purposes might be accomplished in their exercise. It is that sense of duty which gives to every vocation its true value and respectability. Without it the most elevated professional walk can afford no true satisfaction; with it, the humblest calling possesses an inherent value, of which no external accessories can deprive it. The intrinsic value of duty, irrespectively of the nature of our occupation, is illustrated by Milton in the Sonnet on his blindness, when, in allusion to the variety of service which God exacts, he says"thousands at his bidding speed, If from abstract speculation we turn to the living exhibition, there are recorded examples of those who, entering at an advanced period of life upon philosophical and literary pursuits, and following them with distinguished success, have in the strongest manner evinced the essential simplicity and dignity of their character, by attachment to professions the most humble, while walking in the highest fields of science. We read of Benedict Baudouin, one of the most learned men of the 17th century, that having for some years followed his father's profession, that of a shoemaker, he had no desire to forget that circumstance, but many years afterwards wrote a treatise on the Shoemaking of the Ancients,* in which the history of that craft was traced with much erudition back to the earliest period. It is recorded of a celebrated Italian writer, Gelli, that after obtaining so much distinction by his writings as to be elected Consul of the Florentine Academy, and to be appointed by the Grand Duke to deliver a course of lectures upon the poems of Dante, he still continued to work at his original profession of a tailor, which he, too, had inherited from his father; and the circumstance is alluded to with modesty, and even dignity, in the introductory oration of the course which he delivered before the Academy. No lesson of humility could be more impressive, no evidence more conclusive of the limits assigned to human attainment in its very highest efforts, than the reflection of our own illustrious Newton, when, after having outstripped every uninspired inquirer after truth, and while surveying nature from an altitude never reached before, he likened his own achievements to the effort of a child that had gathered a few shells upon the shore of an ocean vast and unexplored. And we have the best example of moral and intellectual eminence, combined with humility of occupation, in Paul of Tarsus, brought up at the feet of Gamaliel, and taught according *Calceus Antiquus et Mysticus, 1615. NOTE TO to the perfect manner of the law-furnished, too, with all the accom- INTRODUCTION plishments of secular learning-and who, while engaged in labours of which the moral effects will never cease to be felt, yet when he CHAPTER I. found others of the same craft, abode with them and wrought, "for "by their occupation they were tent-makers." It results from these considerations, that whatever importance we may attach to the choice of a profession, an infinitely higher consideration is presented in the professional man's character and moral culture, which are indispensable conditions of his possessing weight and influence. Nor do we view these qualities as separate from his professional preparation and conduct. Moral principle-the feeling of what is right-cannot be dissevered from anything that the man thinks, or says, or does. From its very nature, that principle cannot exist in any degree of strength or purity, without maintaining a paramount sway-without asserting its presence at all times, and in every effort and undertaking. In commencing, then, the work of professional preparation, it is above all important that the student regard the prosecution of his inquiries, and the use of every means for the attainment of knowledge and skill, in the light of DUTY. Other motives there are near at hand, and more or less exciting and permanent in their influence. Selfinterest, the desire of reputation, the suggestions of ambition-all are at work, adapting their arguments to the varied character of men ; in some acting as powerful, healthy, and reasonable motives, in others passing beyond the boundaries within which they may safely operate, and degenerating into habits undisguisedly sordid and regardless. It is a part of the mysterious dispensation of Providence that our nature should in any degree be amenable to such inducements as these; and, within due limits, their influence is salutary and commendable. But how infinitely does the principle of duty transcend all such considerations! These appeal to self and selfish interests, and go no farther; that appeals to the highest law of moral rectitude, and adjusts its dictates, not according to the eager demands of a blinded selfishness, but in accordance with what is prescribed by the Supreme Source of light and truth. The inferior motives respect only the visible and tangible. Duty has an unfailing reference to the law which it obeys, and to our own highest advantage as consisting in the observance of our obligations to God and to our neighbour, and in a regard to the everlasting future as well as the passing hour. The motives which relate to what is worldly and present are weakened or obliterated by age or change of circumstances. The principle of Duty, when preserved and cherished, gains strength by the progress of time, and attains its perfection when inferior motives lose their power. How, then, is conduct to be regulated? what course is it to steer NOTE TO INTRODUCTION. among influences and claims thus diverse, and, it may be, discordant? Is it not evident that the place of presiding influence must be given CHAPTER I. to Duty, and that motives of present advantage and personal aggrandizement must be subordinate to, and controlled and regulated by, that highest rule, and admitted or encouraged only to the extent which it permits? Thus the efforts of honest industry will have free scope, but will not be permitted to degenerate into cupidity and extortion. The desire of a fair reputation will be encouraged, while, at the same time, it is restrained within due bounds, and prevented from swelling into vain elation and self-conceit. It is thus that the considerations, by which the human mind is most easily and powerfully actuated, are kept in their proper place, and their operation directed and limited by that higher principle, which brings all our thoughts and actions to the bar of moral rectitude. It is an obvious and unspeakably important advantage connected with the high motives here referred to, that their presence furnishes a guarantee, perhaps the best that can be obtained, that the object of our studies or other pursuits will be attained in a manner the most thorough of which our faculties are capable. It is a characteristic of duty, that it is not satisfied with superficial attainment, or with any degree of attainment, but that which is complete. When we are actuated by convenience or advantage, the desire of attainment has for its limit that degree which will suffice for the end we have in view, and the motive to attainment is exhausted so soon as we have got enough to serve the turn. But when the sense of Duty is the guiding principle, complete attainment is its only limit, and, in so far as ability and opportunity may serve, it will not be satisfied so long as there is left anything further to be attained. There is no one to whom a habitual feeling of moral obligation can be more beneficial, or to whom it is more necessary, than to the Lawstudent. His profession-that branch of it in particular with which this Chair is more immediately connected-is only reached after long preparation and laborious study. At the outset he can have comparatively little perception of the bearing of his studies upon their future object. The subject is new, its language strange, and many of its terms hard to master and retain; and it is arduous to labour in acquiring rules, the practical use of which cannot yet be seen. There is required a spirit of patience, and of faith in your guides and instructors. You must for a time be content to take it upon trust that there is a meaning in what you hear and read, which you will fully comprehend by and by, although at present you understand it only imperfectly. The subject, also, is large, and, every time we meet, it will be necessary to discuss, in succession, important doctrines, every one of which is of consequence in practice, and must be mastered. You will observe, too, that there does not subsist in this pro |