had set out from Edinburgh; but I have luckily preserved a good many
fragments of his Memorabilia from his very first evening in Scotland.

We had, a little before this, had a trial for murder, in which the
judges had allowed the lapse of twenty years since its commission as a
plea in bar, in conformity with the doctrine of prescription in the
civil law, which Scotland and several other countries in Europe have
adopted. He at first disapproved of this; but then he thought there
was something in it, if there had been for twenty years a neglect to
prosecute a crime which was KNOWN. He would not allow that a murder,
by not being DISCOVERED for twenty years, should escape punishment. We
talked of the ancient trial by duel. He did not think it so absurd as
is generally supposed; 'For,' said he, 'it was only allowed when the
question was in equilibria, as when one affirmed and another denied;
and they had a notion that Providence would interfere in favour of him
who was in the right. But as it was found that in a duel, he who was
in the right had not a better chance than he who was in the wrong,
therefore society instituted the present mode of trial, and gave the
advantage to him who is in the right.'

We sat till near two in the morning, having chatted a good while after
my wife left us. She had insisted, that to shew all respect to the
Sage, she would give up her own bed-chamber to him, and take a worse.
This I cannot but gratefully mention, as one of a thousand obligations
which I owe her, since the great obligation of her being pleased to
accept of me as her husband.


Sunday, 15th August