1. Grant, A., The Story of the University of Edinburgh during its First Three Hundred Years, 2 vols. (London, 1884), 1:232–33, 283–91Google Scholar.

2. Coutts, J., A History of the University of Glasgow from its Foundation in 1451 to 1909 (Glasgow, 1909), 193–94Google Scholar.

3. See Grant, Story of the University of Edinburgh 1:283–84; Pinkerton, J. M., ed., The Minute Book of the Faculty of Advocates, Volume 1, 1661–1712 [29, The Stair Society (Edinburgh, 1976)], xixGoogle Scholar; Hannay, R. K., The College of Justice: Essays on the Institution and Development of the Court of Session (Edinburgh and Glasgow, 1933), 150Google Scholar, 156, 161–62; Dickinson, W. C., “The Advocates' Protest against the Institution of a Chair of Law in the University of Edinburgh,” Scottish Historical Review 23 (1926): 205Google Scholar.

4. Cameron, J. K., ed., The First Book of Discipline (Edinburgh, 1972), 140, 143, 144Google Scholar; Pinkerton, Minute Book 1:65–66 (12 Jan. 1684), 159–61 (24 Dec. 1695) would suggest the faculty of advocates, at least initially, was mainly concerned with promotion of lectures in civil law. It is perhaps worth noting that Wyclif proposed the teaching of English law in Oxford and Cambridge. Maitland, F. W., English Law and the Renaissance (Cambridge, 1901), 11Google Scholar.

5. Bower, A., The History of the University of Edinburgh; Chiefly Compiled from Original Papers and Records, Never before Published, 2 vols. (Edinburgh, 1817), 1:329–34Google Scholar.

6. Chêne, C., L'enseignement du droit français en pays de droit écrit (1679–1793) (Geneva, 1982), 1–7Google Scholar.

7. But see the curious case of Alexander Cunningham who in 1698 was provided with a salary as professor of civil law by Parliament (renewed in 1704). Acts of the Parliaments of Scotland, 1124–1707 [with] Supplements, 11 vols. in 12 and index, ed. T. Thomson and C. Innes (Record Commission [Edinburgh], 1814–75), 10:176 (Act 1698, c. 37) and Appendix, 27–28; ibid 11:203 (Act 1704, c. 9). In 1698, the Town Council of Edinburgh granted Cunningham a licence to teach civil law in the city: Kelly, W. A., “The Library of Lord George Douglas (c. 1667/8–1693?)” (unpublished M.A. thesis, University of Strathclyde, 1975), 122Google Scholar (I am grateful to Mr. Kelly for allowing me to read and cite his thesis). On Cunningham, as well as Kelly, see Feenstra, R., “Scottish-Dutch Legal Relations in the Seventeenth and Eighteenth Centuries” in Scotland and Europe 1200–1850, ed. Smout, T. C. (Edinburgh, 1986), 134–36Google Scholar; and van den Bergh, G. C. J. J., The Life and Work of Gerard Noodt (1647–1725): Dutch Legal Scholarship between Humanism and Enlightenment (Oxford, 1988), 78–79Google Scholar.

8. For Drummond: Irving, D., Lives of the Scotish Writers, 2 vols. (Edinburgh, 1839), 2:220–21Google Scholar n. 3; for Spottiswoode (or Spotswood): see National Library of Scotland, MS 2934 fol. 129r and J. W. Cairns, “John Spotswood, Professor of Law: A Preliminary Sketch” (forthcoming); for Cuninghame (or Cunningham), see A Discourse by Mr. John Cuninghame Advocate, At the Beginning of his Lessons upon the Scots Law (Edinburgh, 1705)Google Scholar. In Joannis Cuninghamii J. Cti. oratio inauguralis recitata Edinburgi; cum primum jus civile docere coepit (Edinburgh, n.d.), 7Google Scholar, Cuninghame states that Drummond was the first, Spottiswoode the second, and himself the third to undertake the teaching of Civil law in Scotland. There is evidence of other private teachers, though we have no information about them. There is no indication that Alexander Cunningham ever taught, despite the licence and salary, and it is surely significant that Cuninghame excluded him from his list of teachers of civil law.

9. See Irving, Lives of the Scotish Writers 2:220–21 n. 3.

10. See National Library of Scotland, MS 3412; MS 3413; Edinburgh University Library, MS Gen. 1735; National Library of Scotland, MS 2934, fol. 129r; Mackenzie, G., Institutions of the Law of Scotland, 2d ed. (EdinburghGoogle Scholar, 1688). On the editions of this work, see Ferguson, F. S., “A Bibliography of the Works of Sir George Mackenzie Lord Advocate Founder of the Advocates' Library,” Edinburgh Bibliographical Society Transactions 1 (1935–1938): 30–34Google Scholar.

11. See National Library of Scotland, MS 2934, fol. 129r-129v; Spotiswood, J., The Form of Process before the Lords of Council and Session… Written for the Use of the Students in Spotswood's College of Law (EdinburghGoogle Scholar, 1711); idem, An Introduction to the Knowledge of the Stile of Writs … Written for Use of the Students in Spotiswood's Colledge of Law, and now Publish'd for the Common Good (Edinburgh, 1708); see also idem, A Discourse Shewing the Necessary Qualifications of a Student of the Laws: And what is Propos'd in the Colleges of Law, History & Philology, Establish'd at Edinburgh. Deliver'd at the Commencement of the College of Law: VI. November MDCCIV (Edinburgh, 1704), 11.

12. See National Library of Scotland, MS 2934, fol. 150v; Böckelmann, J. G., Compendium Institutionum Justiniani sive elementa juris civilis (Leiden, 1679 and many other editions)Google Scholar.

13. National Library of Scotland, MSS 17807, 17808, 17809 (scattered through these are notes, parts in some confusion, taken by Andrew Fletcher, Lord Milton in 1709–10); Adv. MSS 80.6.11–12 are notes on the first and third books of the Institutes which comparison with Lord Milton's notes shows probably to have been from Cuninghame's class, though not catalogued as such, and certainly not identical to Milton's notes.

14. For lectures on civil law in Latin, see National Library of Scotland, Adv. MSS. 81.8.1–2 and Edinburgh University Library, MSS 1855–56 [lectures apparently delivered in Edinburgh in 1710–11 in Latin on Voet, J., Compendium juris juxta seriem Pandectarum (LeidenGoogle Scholar, 1682 and many other editions)]; for the lectures on Scots law being in English, see the discussion of lecture notes in Scots law in Cairns, J. W., “John Millar's Lectures on Scots Criminal Law,” Oxford Journal of Legal Studies 8 (1988): 383–91CrossRefGoogle Scholar. The suggestion in Robinson, O. F., Fergus, T. D., and Gordon, W. M., An Introduction to European Legal History (Abingdon, 1985), 405Google Scholar n. 8 that both civil law and Scots law were taught in Latin in Glasgow until 1750 and Edinburgh until 1800 is mistaken.

15. National Library of Scotland, FR 2, “Minutes of the Faculty of Advocates 1751–1783,” at 255–56 (I am grateful for the permission of the Faculty of Advocates to examine and cite its records); see Cairns, J. W., “The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates,” in The Legal Mind: Essays for Tony Honoré, ed. MacCormick, N. and Birks, P. (Oxford, 1986), 266Google Scholar.

16. See text infra at notes 74–85.

17. Sinclair, J., ed., The Statistical Account of Scotland. Drawn up from the Communications of the Ministers of the Different Parishes, 21 vols. (Edinburgh, 1791–99), 21Google Scholar: Appendix, “Statistical Account of the University of Glasgow” (separately paginated), 40; reprinted in Reid, Thomas, The Works of Thomas Reid, D.D. now fully collected with Selections from his unpublished Letters, ed. Hamilton, W., 7th ed. 2 vols. (continuously paginated) (Edinburgh, 1872), 2:735–36Google Scholar. For the traditional ascription to Reid of this account of the University of Glasgow, see Reid, Works 2:721 (note by Hamilton).

18. Smith, A., An Inquiry into the Nature and Causes of the Wealth of Nations, ed. Campbell, R. H., Skinner, A. S., and Todd, W. B., 2 vols. (Oxford, 1976), 2:759–61Google Scholar (V.i.f.4–8).

19. See Cairns, “John Millar's Lectures,” 382–88; idem, “Mackenzie's Institutions and Law Teaching in Eighteenth-Century Scotland” [unpublished paper read to the Scottish Legal History Group, October 13, 1984, abstract in Journal of Legal History 7 (1986): 86Google Scholar].

20. Forbes, W., The Institutes of The Law of Scotland, 2 vols. (Edinburgh, 1722, 1730), l:iii–ivGoogle Scholar.

21. Most of the surviving papers relating to his private “Colleges” (in the sense of lecture courses) are in National Library of Scotland, MSS 2934 and 2937; among various memoranda and notes he never discusses the point.

22. See Shepherd, C., “University Life in the Seventeenth Century,” in Four Centuries: Edinburgh University Life 1583–1983, ed. Donaldson, G. (Edinburgh, 1983), 11Google Scholar.

23. Feenstra, “Scottish-Dutch Legal Relations,” replaces all previous studies.

24. See Feenstra, R., “Die Leydener Juristische Fakultät im 17. und 18. Jahrhundert: Einige neuere Forschungsergebnisse,” in Leipziger Beiträge zur Universitätgeschichte, ed. Rothman, L. (Leipzig, 1987), 1:48Google Scholar; Feenstra, R. and Waal, C. J. D., Seventeenth-Century Leyden Law Professors and their Influence on the Development of the Civil Law: A Study of Bronchorst, Vinnius and Voet (Amsterdam and Oxford, 1975), 38Google Scholar.

25. At the start of the eighteenth century it was possible to be admitted to the faculty of advocates either by trial on civil law alone or by trial on Scots law alone: see Cairns, “The Formation of the Scottish Legal Mind” 255–57. Advocates entered, with only a few exceptions, by trial on civil law: Shaw, J. S., The Management of Scottish Society 1707–1764: Power, Nobles, Lawyers, Edinburgh Agents and English Influences (Edinburgh, 1983), 27Google Scholar. While there is no doubt that the trials in civil law were conducted in Latin, there is no definite evidence that those on Scots law were conducted in English; but the wording of the Act of Sederunt of 25 June 1692 which governed the procedure would suggest that English was used: The Acts of Sederunt of the Lords of Council and Session, from the 15th of January 1553, to the 11th of July 1790 (Edinburgh, 1790), 200Google Scholar; see also Pinkerton, Minute Book 1:117 (23 July 1692). Though the argument is rather circular, it is worth pointing out that Spottiswoode organized his courses in a way reflecting the Act of Sederunt, and taught in English: see Spotiswood, Discourse, 11; and National Library of Scotland, MS 2934, fols. 122r and 129r. See Cairns, “John Spotswood, Professor of Law.”

26. See Cairns, J. W., “Sir George Mackenzie, the Faculty of Advocates, and the Advocates' Library” in Mackenzie, G., Oratio inauguralis in aperienda jurisconsultorum bibliotheca, ed. Cairns, J. W. and Cain, A. (Edinburgh, 1989), 18Google Scholar.

27. Mackenzie, G., Pleadings, In some remarkable Cases, Before the Supreme Courts of Scotland, Since the Year, 1661. To which, the Decisions are subjoyn'd (Edinburgh, 1672)Google Scholar; idem, Idea eloquentiae forensis hodiernae: una cum actione forensi ex unaquaque juris parte (Edinburgh, 1681).

28. Mackenzie, Pleadings, 17.

29. Ibid., 16.

30. See The Works of that Eminent and Learned Lawyer, Sir George Mackenzie of Rosehaugh, Advocate to King Charles II. and King James VII. With Many learned Treatises of His, never before printed, 2 vols. (Edinburgh, 1716, 1722), 1:9–102Google Scholar (Treatises on the Laws of Scotland). Mackenzie's Pleadings was also issued with a 1673 titlepage; but Ferguson, “A Bibliography of the Works of Sir George Mackenzie,” 21, points out that this is the same edition as that with the 1672 title-page. Mackenzie's Idea eloquentiae was published in an English translation by Robert Hepburn (Edinburgh, 1711), as well as being printed in Works 1:103–38 (Treatises on the Laws of Scotland).

31. Mackenzie, Pleadings, 1.

32. Locke, J., An Essay Concerning Human Understanding, ed. Nidditch, P. H. (reprinted with corrections; Oxford, 1979), 508Google Scholar.

33. D. Stewart, Account of the life and writings of Adam Smith, LL.D., ed. I. S. Ross in A. Smith, Essays on Philosophical Subjects, ed. Wightman, W. P. D. and Bryce, J. C. (Oxford, 1980), 272Google Scholar; Smith, A., Lectures in Rhetoric and Belles Lettres, ed. Bryce, J. C. (Oxford, 1983), 7–8Google Scholar (Bryce's introduction).

34. Smith, Lectures in Rhetoric; see ibid., 9–23 (Bryce's introduction); Campbell, R. H. and Skinner, A. S., Adam Smith (London and Sydney, 1982), 66–79Google Scholar.

35. Howell, W. S., Eighteenth-Century British Logic and Rhetoric (Princeton, 1971), 549Google Scholar; see generally ibid., 536–76.

36. Campbell, G., The Philosophy of Rhetoric, 2d ed. 2 vols. (London, 1801), 1:23Google Scholar; on Campbell, see Howell, Eighteenth-Century British Logic, 577–612; Ulman, H. L., “Thought and Language in George Campbell's Philosophy of Rhetoric” in Aberdeen and the Enlightenment: Proceedings of a conference held at the University of Aberdeen, ed. Carter, J. J. and Pittock, J. H. (Aberdeen, 1987), 270Google Scholar.

37. Blair, H., Lectures on Rhetoric and Belles Lettres, 2 vols. (London, 1783), 2:2Google Scholar (lecture XXV); on Blair and his milieu, see the outstanding work of Sher, R., Church and University in the Scottish Enlightenment: The Moderate Literati of Edinburgh (Edinburgh, 1985)Google Scholar; Howell, Eighteenth-Century British Logic, 647–71. Blair had lectured in Edinburgh on rhetoric from 1759, with the title of professor from 1760. Previously, John Stevenson, the Professor of Logic (1730–75), had taught rhetoric: Grant, Story of the University of Edinburgh 1:276–77, 2:328–30, 2:357–58; Howell, Eighteenth-Century British Logic, 542–43.

38. Howell, Eighteenth-Century British Logic, 441–42.

39. See FR 2, “Minutes,” 414 (17 Jan. 1777) and 432–33 (20 Dec. 1777); Cairns, “Formation of the Scottish Legal Mind,” 266–67.

40. Found quoted in Furber, H., Henry Dundas First Viscount Melville 1742–1811: Political Manager of Scotland: Statesman, Administrator of British India (London, 1931), 3Google Scholar.

41. Arnot, H., The History of Edinburgh (Edinburgh and London, 1779), 399Google Scholar.

42. Grant, Story of the University of Edinburgh 1:268–69, 270–71.

43. Davie, G., The Democratic Intellect: Scotland and her Universities in the Nineteenth Century (Edinburgh, 1961), 233–44Google Scholar.

44. Bayne, A., A Discourse on the Rise and Progress of the Law of Scotland, and the Method of Studying it (Edinburgh, 1726)Google Scholar in Hope, T., Minor Practicks: or Treatise of the Scottish Law ed. Bayne, A. (Edinburgh, 1726), 168–69Google Scholar. The section on the rise and progress of the law of Scotland (ibid., 161–68) is a revised and translated version of his inaugural lecture in Latin: Edinburgh University Library, MS Dc.3.57.

45. Bayne, Discourse, 170–71.

46. Ibid., 172.

47. Ibid., 173. See generally ibid., 173–86.

48. Bayne, A., Notes, for the Use of the Students of the Municipal Law in the University of Edinburgh: Being a Supplement to Sir George Mackenzie's Institutions (Edinburgh, 1731), iiGoogle Scholar.

49. See Shepherd, “University Life,” 11–12.

50. National Library of Scotland, MS 2934, fol. 129r-129v.

51. See Alexander Bayne, Professor of Municipal Law, To the Gentlemen who have attended his college of Prelections, printed sheet dated 12 Apr. 1725 (National Library of Scotland, Pressmark S.302.b.1 no. 53); Bayne, Discourse, 172; Arnot, History of Edinburgh, 399, noted that Dick “daily examine[d] his students upon the subject of his former lecture.”

52. See Shepherd, “University Life,” 13.

53. Home, H., Kames, Lord, Elucidations Respecting the Common and Statute Law of Scotland (Edinburgh, 1777), viii–ixGoogle Scholar.

54. Home, H., Kames, Lord, Historical Law-Tracts, 2d ed. (Edinburgh, 1761), [v]Google Scholar.

55. Ibid., [v]-vi.

56. Kames, Elucidations, vii–viii.

57. Ibid., ix n.

58. Home, H., Kames, Lord, Introduction to the Art of Thinking. Enlarged with additional Maxims and Illustrations, 2d ed. (Edinburgh, 1764), [vGoogle Scholar].

59. Ibid., [v]-vii.

60. Home, H., Kames, Lord, Loose Hints upon Education, Chiefly Concerning the Culture of the Heart (Edinburgh, 1781), 239Google Scholar. Tytler, A. F., Memoirs of the Life and Writings of Henry Home of Kames, 2 vols. (Edinburgh, 1807), 1:4Google Scholar suggests Kames undervalued the classics.

61. Kames, Elucidations, x.

62. Ibid., viii.

63. Ibid., xiii.

64. D. Lieberman, “The legal needs of a commercial society: The jurisprudence of Lord Kames” in Wealth and Virtue: The Shaping of Political Economy in the Scottish Enlightenment, ed. Hont, I. and Ignatieff, M. (Cambridge, 1983), 203CrossRefGoogle Scholar; idem, The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain (Cambridge, 1989), 144–75.

65. Scott, W. R., Adam Smith as Student and Professor (Glasgow, 1937), 47Google Scholar suggests that Tytler, Memoirs 1:15–18 sets out a “manifesto” that gives Kames's views on legal education; Campbell and Skinner, Adam Smith, 29 quote part of the same passage as Kames's views. These seem to me to be clearly Tytler's views, though we may speculate that Kames might have endorsed them.

66. See Scott, W. R., Francis Hutcheson: His Life, Teaching and Position in the History of Philosophy (Cambridge, 1900), 62–65Google Scholar; letter from James Wodrow to Earl of Buchan, [?] June, 1808, Glasgow University Library, MSS 310/26, fols. 167, 169, quoted in Campbell and Skinner, Adam Smith, 41.

67. The Autobiography of the Rev. Dr. Alexander Carlyle of Inveresk, 1722–1805, ed. Burton, J. H. (new ed., London and Edinburgh, 1910), 78Google Scholar.

68. Stewart, Account of the life and writings of Adam Smith, 275; letter of Wodrow to Buchan, quoted in Campbell and Skinner, Adam Smith, 41.

69. Smith, Lectures in Rhetoric, 3–4 (Bryce's introduction); Millar noted that Smith gave students permission to take notes in the lectures on Rhetoric: Stewart, Account of the life and writings of Adam Smith, 277.

70. Letter of Wodrow to Buchan, quoted in Campbell and Skinner, Adam Smith, 41.

71. J. Craig, Account of the life and Writings of John Millar, Esq., prefixed to Millar, J., The Origin of the distinction of Ranks: Or, An Inquiry into the Circumstances which give rise to Influence and Authority, in the different Members of Society, 4th ed. (Edinburgh, 1806), xiiGoogle Scholar.

72. Jardine, G., Outlines of Philosophical Education, Illustrated by the Method of Teaching the Logic Class in the University of Glasgow, 2d ed. (Glasgow, 1825), 21Google Scholar.

73. Home, H., Kames, Lord, Principles of Equity, 3d ed. 2 vols. (Edinburgh, 1778), 2Google Scholar:5n.

74. Sinclair, “Statistical Account,” 40.

75. See Reid, Works 2:721 (note by Hamilton).

76. Coutts, History of the University of Glasgow, 234, states that Hercules Lindesay is said to have started the practice, but that credit is often given to Millar as the initiator. Others state that Lindesay was the innovator, and either imply or state explicitly that the faculty of advocates complained about him: Stephen, L., “John Millar,” in Dictionary of National Biography, ed. Lee, S., 22 vols. and supplements (London, 1908–1909), 13:402Google Scholar; Murray, D., Memories of the Old College of Glasgow: Some Chapters in the History of the University (Glasgow, 1927), 220Google Scholar; Gibb, A. D., “Law” in Fortuna Domus: A Series of Lectures Delivered in the University of Glasgow in Commemoration of the Fifth Centenary of its Foundation, ed. Neilson, J. B. (Glasgow, 1952), 162Google Scholar; Mackie, J. D., The University of Glasgow 1451–1951: A Short History (Glasgow, 1954), 233Google Scholar. Grant, Story of the University of Edinburgh 2:365, simply states that Millar started lecturing in English in 1768. The confusion seems to stem from Craig's statement, in Account of the life and writings of John Millar, xiii, that “so wedded were the older members of the profession to this practice [of lecturing in Latin], that, when Mr. Lindsay [sic] (Mr. Millar's immediate predecessor) began to deliver lectures on the Institutes of Justinian, in English, the Faculty of Advocates made formal application to the University, requesting that the practice of teaching the Civil Law in Latin might be restored. Mr. Lindsay… refused to yield to this interference; and Mr. Millar, from the moment he was appointed to the Chair adopted the English language in all the courses of lectures which he delivered.” Relying on, but misrepresenting the statement in Sinclair, “Statistical Account,” 40, Bower, History of the University of Edinburgh 2:119, wrote: “Professor Millar's predecessor was the first in the university of Glasgow who prelected in English on the Justinian code; and so tenacious are we of ancient usages, that we are informed, ‘the Faculty of Advocates made application to the university, requesting that the old practice of teaching the civil law in Latin might be restored.’”

77. See Coutts, History of the University of Glasgow, 234.

78. Arnot, History of Edinburgh, 399.

79. Report of the Royal Commission of Inquiry into the Universities of Scotland, Minutes of Evidence vol. I. University of Edinburgh, 1837 Parliamentary Papers 35:179.

80. Arnot, H., The History of Edinburgh, From the Earliest Accounts to the Present Time (Edinburgh, 1788), 398–99Google Scholar.

81. Found quoted in Furber, Henry Dundas, 3.

82. Ibid.

83. Lockhart, J. G., Memoirs of the Life of Sir Walter Scott, Bart., 7 vols. (Edinburgh and London, 1837–1838), 1:58Google Scholar.

84. 1837 Parliamentary Papers 35:179.

85. See Wilde, J., Preliminary Lecture to the Course of Lectures on the Institutions of Justinian. Together with an Introductory Discourse (Ediburgh, 1794), v–viGoogle Scholar; National Library of Scotland, Adv. MSS 81.8.3–21 are Wilde's own notes for his lectures: MSS 81.8.18–21 are on the Digest and are in Latin. Further fragments of Wilde's lectures may be found in Edinburgh University Library, MS La. II. 475 (this consists of many bundles of loose papers, which are not foliated, so no precise references are possible).

86. Craig, Account of the life and writings of John Millar, xii.

87. Ibid., xiv–xv.

88. Ibid., xvi; F. Jeffrey, review of An Historical View of the English Government in Edinburgh Review 3 (1803): 155.

89. Craig, Account of the life and writings of John Millar, xix–xx.

90. See ibid., xx for Millar's course on the Institutes; for his course on the Digest, see Glasgow University Library, MSS Muray 93–95 where study of the paragraph numbers cited shows that the text used is that of Heineccius. The two works are: Heineccius, J. G., Elementa juris civilis secundum ordinem Institutionum (AmsterdamGoogle Scholar, 1725) and idem, Elementa juris civilis secundum ordinem Pandectarum (Amsterdam, 1727). There were many subsequent editions of these popular works, which were also used by Dick and Wilde in Edinburgh: Arnot, History of Edinburgh, 398; and the paragraph reference numbers and occasional remarks scattered through Wilde's lectures: Wilde, Preliminary Lecture, see especially the Institutes in National Library of Scotland, Adv. MS 81.8.7, fols. 66–68, and in Wilde's introductory lecture on the Digest, Adv. MS 81.8.18, fol. 8r where he said: “Necesse erit ut elementa juris civilis secundum ordinem Pandectarum a Heineccio conscripta huc cras vobiscum adportetis.” (“It will be necessary that you should bring with you to this place tomorrow the Elements of the Civil Law in the Order of the Pandects written by Heineccius”) I hope to discuss elsewhere the significance of the choice of textbooks and the use made of them.

91. National Library of Scotland, MS 2743, fol. 8r.

92. The following MSS contain both courses: National Library of Scotland, Adv. MS 28.6.8; National Library of Scotland, MS 3930; Glasgow University Library, MSS Murray 78–82; Glasgow University Library, MSS Murray 96–98; Glasgow University Library MSS Gen. 812–14; the following contain the second course only: National Library of Scotland, Adv. MSS 20.4.7–8; Edinburgh University Library, MSS Dc. 2.45–46; Glasgow University Library, MS Murray 332; Glasgow University Library, MS Hamilton 117; the following contain the first course only: National Library of Scotland, MS 7243; Glasgow University Library, MS Murray 77 (note that not all of these are complete).

93. Craig, Account of the life and writings of John Millar, xxii–xli.

94. Cf. ibid., xxvi and xxx; and compare, e.g., National Library of Scotland, MS 3930, 299–301 (“Contents of the Second Course”) with Smith, A., Lectures on Jurisprudence, ed. Meek, R. L., Raphael, D. D., and Stein, P. G. (Oxford, 1978), 399–401Google Scholar, where Smith discusses the basis of justice. It may be noted that the structure of Millar's lectures is closer to that of the later set of student notes of Smith's lectures. On Smith's legal philosophy, see now, above all, Haakonssen, K., The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith (Cambridge, 1981), 83–189CrossRefGoogle Scholar. For a discussion of the influence of Smith on Millar, see K. Haakonssen, “John Millar and the Science of a Legislator,” Juridical Review (1985): 41; Cairns, “John Millar's Lectures,” passim.

95. Craig, Account of the life and writings of John Millar, xx.

96. National Library of Scotland, Adv. MS 20.4.7, fols. lr-2r.

97. Haakonssen, “John Millar.”

98. Craig, Account of the life and writings of John Millar, xxvi–xxxii. In the following account I am drawing on Haakonssen, “John Millar,” and Cairns, “John Millar's Lectures,” 374–80. (I may correct in the latter footnotes 55 and 56 to read respectively: “Craig, op. cit., xxxiv” and “Ibid., xxxiv–xli”.)

99. Craig, Account of the life and writings of John Millar, xxxii–xxxv.

100. Ibid., xxxv–xxxix.

101. Ibid., xl–xli.

102. See Cairns, “John Millar's Lectures.”

103. Craig, Account of the life and writings of John Millar, xii.

104. Kames, Elucidations, ix n.

105. National Library of Scotland, Adv. MS 81.8.3, fol. 18r.

106. National Library of Scotland, Adv. MSS 81.8.4–6; Edinburgh University Library, MS La. II. 475 contains a fragment of the concluding lecture of the historical part, dated 24 June 1800.

107. Wilde, Preliminary Lecture, 64–74.

108. Ibid., 74–76.

109. Wilde, J., An Address to the Lately Formed Society of the Friends of the People (Edinburgh, 1793), ixGoogle Scholar, noted his initial approval of the Revolution: the whole work testifies to his abhorrence of it and to the influence of Burke's thought. Wilde, Preliminary Lecture, ix–lxxix, is largely devoted to the state of France and the justice of war against that country. See also idem, Sequel to an Address to the Lately Formed Society of the Friends of the People (Edinburgh and London, 1797).

110. Wilde, Preliminary Lecture, 58.

111. Ibid., 59–60.

112. Ibid., 60.

113. Ibid.

114. Ibid., 61–62.

115. Ibid., 62.

116. Ibid., 63–64.

117. The printed Preliminary Lecture, is stated by Wilde (at v) to be drawn from the ones delivered to his class. Comparison with the three introductory lectures in Adv. MS 81.8.3 confirms this. See this MS at fols. 24r-28r for his rejection (in 1792) of Millar's approach and at fols. 28r-39r for the advantage of the historical approach. The “Introductory Discourse” was written for the publication and not read to the class; a draft is found in Edinburgh University Library, MS La. II. 475.

118. Kames, Elucidations, viii–ix.

119. National Library of Scotland, Adv. MS 81.8.7, fols. 231r-33r and 236r. For a brief discussion, see Cairns, J. W., Book Review Law and History Review 6 (1988): 504CrossRefGoogle Scholar.

120. National Library of Scotland, Adv. MS 81.8.3, fols. 19r-21r.

121. Ibid., fol. 21r.

122. Ibid., fol. 82r (third version of introductory lecture, Nov. 1793); and see Wilde, Preliminary Lecture, vi. For the Latin lectures on the Digest, see National Library of Scotland, Adv. MSS 81.8.18–21.

123. National Library of Scotland, Adv. MS 81.8.3, fols. 21r-22r.

124. Ibid., fol. 23r.

125. National Library of Scotland, Adv. MS 81.8.18, fols. 3r and 4r.

126. Ibid., fol. 4r: “In acerrima vero et attentissima cogitatione, quam sermo perpetuus postulat simul gignitque, brevi fit ut literas latinas vel parum callenti, quae habetur oratio satis sit perspecta, maximaque ex parte intelligatur.”

127. Ibid.: “non jus modo civile verum et ipsas Latinas literas docendo. Latine doctus et juris civilis quoque doctior erit.”

128. Ibid., fol. 3v.

129. National Library of Scotland, Adv. MS 81.8.3, fol. 114r (this is a displaced folio from a later lecture).

130. Wilde, Preliminary Lecture, 42–43; National Library of Scotland, Adv. MS 81.8.3, fol. 60r (second introductory lecture, with trivial differences in wording).

131. Consider Arnot, History of Edinburgh, 39: “Mr. Dick is now [1779] the only professor in the College who prelects in Latin.”

132. Craig, Account of the life and writings of John Millar, xiii–xiv.

133. See Cairns, “Formation of the Scottish Legal Mind,” 264–74.

134. Lehmann, W. C., John Millar of Glasgow 1735–1801: His Life and Thought and his Contributions to Sociological Analysis (Cambridge, 1960), 30–42Google Scholar.

135. “Character of the Late Professor Millar” Scots Magazine 63 (1801): 527Google Scholar (I suspect the obituarist to have been Craig; but I have been unable to verify this).

136. Jeffrey, review of An Historical View, 154–55; F. Jeffrey, review of Craig, Account of the life and writings of John Millar, in Edinburgh Review 9 (1806): 86–89Google Scholar.

137. Campbell, Philosophy of Rhetoric 1:207; Blair, Lectures on Rhetoric 2:47 (Lecture XXVII); cf. Smith, Lectures in Rhetoric, 128.

138. Ross, I., “Adam Smith as Rhetorician,” in Man and Nature: Proceedings of the Canadian Society for Eighteenth-Century Studies, ed. Emerson, R. L., Kinsley, W., and Moser, Walter II(Montreal, 1984), 69–70Google Scholar.

139. Letter of Wodrow to Buchan, quoted in Campbell and Skinner, Adam Smith, 41.

140. Carlyle, Autobiography, 469.

141. Stewart, Account of the life and writings of Adam Smith, 332; see also Rae, J., Life of Adam Smith, (introduction by Viner, J.) (New York, 1965), 53Google Scholar, who states that Smith sent his cousin to study at Glasgow because of his high opinion of Millar's “unique powers as a stimulating teacher.” He cites no source, but the remark is probably derived from Stewart's account.

142. Blair, Lectures on Rhetoric 2:118 (lecture XXIX).

143. See Lehmann, John Millar, 35–42.