IT II N E T T. 



Bom.- ..ruinrr highly flatlet ing to a young 



iiiTin ambitious of literary n-putation. At Thorn- 

 's house in Richmond, this circle of hi- nds fre- 

 quently mrt, when the hottlf \vtnt hrM. 

 ..lid the hours of night hYd on tin- wings of wit :iml 

 .1 humour ; and, being alwaya accustomed to 

 :,>rm this choit journey ou font, they generally 

 drank, like true Scotchmen, at evny inn and tavern 

 on the road. Lord Monhoddo used to observe, that 

 's physiognomy) when not routed, was 

 dull, and unnu-auing, without tin? slightest 

 appearance of poetical inspiration ; hut when his 

 heart was warmed with conversation aixl conviviality, 

 liis c-ouiiu i/mce brightened up, and hcamcd with ex- 

 pression and intelligence. Of Dr Armstrong as a 

 poet, he always expressed the highest -opinion ; and, 

 in his third volume on the Origin of Language, has 

 bestowed on the Art of Prexfri'hig llralt/t, a very 

 high, but surely not. more than an appropriate eulo- 

 gium. He represented the Doctor as naturally grave 

 and silent ; but said that a bottle of wine made him 

 litter oracles of wisdom. Though they maintained 

 a regular correspondence till a few years before the 

 Doctor's death, yet no traces of it have been found 

 among his Lordship's papers. From the pleasure 

 which he then enjoyed in the company and conversa- 

 tion of these celebrated authors, he was induced fre- 

 quently to repeat his visits to London ; and, in the 

 couise of these excursions, he could number among his 

 friends some of the most distinguished characters both 

 for rank and erudition in the kingdom. Among these, 

 we may mention Dr Markham, the late Archbishop 

 of York, the late Earl Stanhope, the first and second 

 Earls of Mansfield, Lords Thurlow and Grantley, Bi- 

 shops Horsley, Louth, Porteous, Shipley, and Bur- 

 gess, Sir John Pringle, \V. Seward, Ebq., George 

 Lewis Scot, Esq., who had been the preceptor of his 

 present majesty, and Mr Harris, the celebrated author 

 of Hermes. To Mr Harris he attributed his first know- 

 ledge of the Greek commentaries upon Aristotle of the 

 Alexandrian school; and, in the spring of 1769, he 

 made a journey to London, for the express purpose of 

 paying that celebrated author a visit, and of thank- 

 ing him in person for a present of the new edition of 

 his Hermes. During this visit, he was made known 

 to the venerable Lord, afterwards Earl, Bathurst, 

 and the first Lord Lyttleton ; with the last of whom 

 he afterwards held a literary correspondence on the 

 subject of language, which is, in part, still preser- 

 ved among his manuscripts. 



About 17()0, he married Miss Eli/abeth Farquhar- 

 son, a very aniiable woman, whose father, being the 

 nephew of* Keitli of Cadham, a cadet of the Mari- 

 schall family, had accompanied Lord Marischall, and 

 his brother Marshall Keith, to the battle of She- 

 rifiinuir, from whence, however, he escaped, and, 

 concealing himself in the corps of artillery at Wool- 

 T/ic'u, rose to the rank of captain ; in which situation 

 he died at Jamaica in 174-!, in the expedition to Car- 

 thagena. By this lady hi- had several children, but 

 these all died infants except a son and two daughters. 



a regular practitioner at the Scotch bar ; and though 

 he was an ardent admirer of ancient literature, and 

 had spent much of his time in the pursuit of this 

 favourite study, y- <:ted the duties 



of his profession, and yielded to none either as t 

 la A yt-r or a pleader. He was a leading counsel, and 

 a keen supporter of the Dongla* cause, in favour of 

 Mr Douglas of Douglas ; and went thrice to France 

 for the purpose of attending the proof, where he 

 found his readinens of speaking, and even dictating 

 the French language, which he had acquired in Hol- 

 land, of the utmost service to him upon the*- 

 casions, in examining witnesses, and taking dovr 

 tin- evidence. This cause had excited much pub- 

 lic attention, and had called forth all {he abilities 

 and exertions of both partiei. Mr Burnett had 

 always the utmost confidence in the justice and ul- 

 timate success of hii client's claim, and we have no 

 hesitation in declaring, that it was to his firmness, not to 

 mention his knowledge of the law, that Lord Douglas 

 owes the establishment of his birthright, the estates of 

 his uncle, and of consequence his present rank among 

 the peers of Great Britain. It was often mentioned, 

 both by himself and the late William Robertson, Esq. 

 of the Register Office, then Mr Burnett's clerk, that 

 at one time it had been proposed by Mr Douglas's 

 lawyers at Paris, that the cause should be given up 

 as untenable, and that even a letter had been pre- 

 pared for intimating this opinion to the Duke of 

 Queensberry ; but Mr Burnett, in the face of all the 

 other counsel, strenuously opposed this measure, and 

 so far succeeded that the letter was thrown int. 

 fire, and the cause allowed to proceed, which was af- 

 terwards brought to a sucessful issue in favour of Mr 

 Douglas. 



Upon Lord Gardenston becoming joint solicitor 

 general with the late Sir James Montgomery, Mr 

 Burnett was appointed sheriff of his native county of 

 Kincardine ; and on the death of his relation, Lord 

 Milton, in 1767, he was raised to the bench by the 

 title of Lord Monboddo.* This appointment he 

 owed to the friendship of the late Charles Duke of 

 Queensberry, who on this, as well as on another oc- 

 casion, more than 30 years before in the case of Mr 

 Gay, with which all our readers who have perused 

 the works of Swift and Pope must be acquaint- 

 ed, displayed a respect for genius and literature, 

 and a magnanimity and dignity of character, which 

 throw the brightest lustre on his grace's memory. 

 This nobleman had obtained a promise from the 

 throne, that the first vacant gown in the Court of 

 Session should be bestowed on Mr Burnett. On 

 Lord Milton's death, therefore, the duke waited OR 

 his majesty, and reminded him of his promise, wlnck 

 was at once admitted, and order* immediately given 

 to the secretary of state to make out the royal let- 

 ter. Female intrigue, however, postponed for a time 

 the fulfilment of these orders. Tlu ladv of the se- 

 cretary was nearly allied to the family Of Hamilton ; 

 and being most naturally solicitous about the vote 

 which Nir Burnett might give in the great cause 



Mr Burnett had now been upwards of twenty yearswhicn he had taken so much charge of as a coun- 



It is worthy of remark, that his lordship was only the third on the bench in regular lucrctsion since the Revolution; hi* 

 predecessor, Lord Milton, having smrecded Lord Fountuinhall in 17*5, who was .tj|Miutcd November 1. 1689; and as Lor* 

 Monboddo continued a zncuibc lof the court until his death, this scries ol" three judges occupied more than a rmtiu?. 



