Publications of the Scottish History Society, Volume 36 - Journals of Sir John Lauder Lord Fountainhall with His Observations on Public Affairs and Other Memoranda 1665-1676 by Sir John Lauder
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page 37 of 544 (06%)
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canon upon him, and _justo Dei judicio_ defait him by the toune's public
interest, with which weapone he was want to do miracles and had taught them the way[25].... This decision for its strangeness surprised all that heard of it; for scarce even any who once heard the case doubted but it would be found a clear wodsett, and it opened the mouths of all to cry out upon it as a direct and dounright subversion of all our rights and properties.' [24] Lauder was a very young man at the bar when he wrote these strictures on Stair. They may be compared with and in part corrected by a passage in Sir G. Mackenzie's _Memoirs_, p. 240, which also bears on the appointment of incompetent judges. 'Lauderdale by promoting four ignorant persons, who had not been bred as lawyers, without interruption, and in two years' time, to be judges in it [the Session], viz., Hatton, Sir Andrew Ramsay, Mr. Robert Preston, and Pittrichie, he rendered thereby the Session the object of all men's contempt. And the Advocates being disobliged by the regulations did endeavour, as far as in them lay, to discover to the people the errors of those who had opprest them: and they being now become numerous, and most of them being idle, though men of excellent parts, wanting rather clients than wit and learning, that society became the only distributor of fame, and in effect the fittest instrument for all alterations: for such as were eminent, did by their authority, and such as were idle, by well contrived and witty raillery, make what impressions they pleased upon the people. Nor did any suffer so much as the Lord Stairs, President of the Session; who, because of his great affection to Lauderdale, and his compliance with Hatton, suffered severely, though formerly he had been admired for his sweet temper and strong parts. And by him our countrymen may learn, that such as would be esteemed excellent judges must live abstracted from |
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