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Professional Life
On March 31, 1786, after two years at Edinburgh
University, Scott entered his father's office to begin his apprenticeship
to the profession of Writer to the Signet. It had not yet been decided
whether he would eventually follow his father's career or instead
aim for the Bar. His father, though, felt that a Writer's technical
training would be useful even if Scott should choose the latter
path. Though Scott disliked the tedious clerical tasks that he was
set, his ambition and filial devotion made him a diligent and quick-witted
apprentice. Through his father's many Highland clients, he made
his first acquaintance with the culture and traditions that were
to figure so prominently in works such as The
Lady of the Lake, Waverley,
and Rob Roy. A
case involving one client, the Jacobite veteran, Alexander Stewart
of Invernahyle, who claimed to have fought a duel with Rob Roy,
permitted Scott to visit the Highland region for the first time.
The desolate and picturesque scenes through which he traveled were
to make a lasting impression on his poetic imagination.
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With his father's support, Scott soon resolved
to aim for the Bar. After attending lectures in Moral Philosophy
and Universal History (see School and
University) in 1790-91, he enrolled in a Scots Law class
at Edinburgh University in 1790-91. His lecturer was David Hume,
nephew of the philosopher and the major writer on criminal law
in Scotland during the late Enlightenment period. Hume's
greatest achievement was the Commentaries on the Law
of Scotland: Respecting Crimes, a systematic exposition
of Scots Law which, as an institutional writing, remains an
authoritative legal source. Scott was greatly impressed by Hume's
powers of synthesis and historical analysis. |
After a further year studying Roman Law, Scott successfully
passed his examinations and called as an Advocate on July
11, 1792. On his father's advice, he had dedicated his thesis
to Lord Braxfield, their neighbour in George Square and Lord
Justice-Clerk of the Supreme Criminal Court of Scotland. Braxton
enjoyed a fearsome reputation as a scourge of Jacobins and
was the model for Robert Louis Stevenson's Weir of Hermiston.
This tactic paid off as Braxfield, flattered and impressed
by Scott's thesis, helped him to find work on the Jedburgh
circuit.
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Scott's experiences as a fledgling Advocate are echoed in those
of Alan Fairford in his 1824 novel Redgauntlet
which provides a vivid picture of Parliament House (home to the
Faculty of Advocates and the Court of Session) in the late eighteenth
century. The appearance of Parliament House changed dramatically
in Scott's lifetime. The original seventeenth-century building was
refaced in a neoclassical style at the beginning of the nineteenth
century, and further modifications were carried out after the great
fire in 1824. Something of its appearance at the time of Scott's
calling is captured in a sketch (below) by Scott's friend and fellow
Advocate, James Skene of Rubislaw. (For more on the Faculty of Advocates and Parliament House, see Links at the foot of this page.)
During the early years of his practice Scott worked exclusively
on provincial circuits. His first Edinburgh case was not heard until
July 1795. His earnings grew modestly during this period, but worryingly
for Scott, more than half his work came from his father's connections.
Following his marriage in 1797, there
was a growing need for a more stable source of income. This became
all the more pressing after the birth of his first child, Sophia,
in 1799. While collecting ballads for what would eventually become
Minstrelsy of the
Scottish Border, he had received some help from an amateur
antiquarian, Andrew Plummer, Sheriff-Depute of Selkirkshire. Plummer's
health was rapidly failing, and with his support and that of Duke
of Buccleuch, Scott went to London to petition Henry Dundas, controller
of Crown patronage in Scotland, to be named as Plummer's successor.
He was appointed on December 16, 1799, and remained in the post
until his death. To mark the centenary of Scott's death in 1932,
a memorial was erected outside the Town Hall in Selkirk (for an image, see Links at the foot of this page). Scott's
courtroom in the same building has been preserved as a museum and
is open to the public.
As
Sheriff-Depute, Scott's role was essentially that of a county judge.
The post presented several advantages. It brought an annual income
of £300, required only a seasonal presence in Selkirkshire,
permitted him to reside in Edinburgh for most of the year, and did
not prevent him from continuing to practise as an Advocate. From
now on, he would spend the winter and summer in Edinburgh and from
mid-July to mid-November perform his duties at Selkirk. The appointment
also provided ample opportunity for ballad-collecting in nearby
Ettrickdale.
Nonetheless, as Scott's family grew, he again began to worry about
his financial security. In 1805, he was awaiting the birth of his
fourth child Charles. The Minstrelsy of the Scottish Border
and the recently published The
Lay of the Last Minstrel had brought him his first taste
of success as a writer. Literary earnings, though, were notoriously
precarious, and Scott was becoming increasingly pessimistic about
his career prospects as an Advocate. He believed that his literary
ambitions were alienating clients and professional colleagues and
saw only a distant possibility of being appointed to the judiciary.
He decided, therefore, to seek a salaried post.
One of the Principal Clerks of the Court of Session, George Home
of Wedderburn, was having increasing difficulty in performing his
work due to encroaching deafness. His post held out many attractions
for Scott. It brought £800 a year, it would not force him
to resign his Selkirk sheriffdom, and would consume only between
four and six hours a day during the six months that the Court was
in session. Scott offered to assume Home's labours and to allow
him the entire salary for his lifetime. His appointment was secured
on March 8, 1806.
As Clerk of Session, his duties involved reducing to written
form decisions orally pronounced from Bench, authenticating
registered deeds by signatures, and looking up law papers and
authorities. These were no mechanical, clerical tasks; each
element of Scott's work required considerable erudition. Scott
was sketched at his work as Clerk of Session by his fellow Advocate
Robert Scott Moncrieff (right) in an image which contrasts starkly
with more idealized portraits of the writer. (See Links at the foot of this page for more information on the Courts of Session.) |
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For the rest of his life, Scott combined extensive writing and
editing commitments with his daily work as Clerk of Session and
Sheriff-Depute of Selkirkshire. In recognition of his long and
distinguished
legal career, a statue of a seated Scott by John Greenshields (1792-1835)
is now located in Parliament Hall, Parliament House, where Scott
worked both as an Advocate and as a Clerk of Session. See below
for an engraving of the statue (commonly known as 'Sic Sedebat')
by George Baird Shaw.
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Last updated: 28-Nov-2011
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