GRANT (Francis), Lord Cullen, an eminent lawyer and judge in Scotland, was descended from a younger branch of the family of the Grants of Grant in that kingdom, and was born about the year 1660. When he commenced advocate he made a distinguished figure at the revolution, by opposing the opinion of the old lawyers, who warmly argued on the inability of the convention of estates to make any disposition of the crown. The abilities he shewed in favour of the revolution recommended him to an extensive practice; in which he acquired so much honour, that when the union between the two kingdoms was in agitation, queen Anne unexpectedly, and without application, created him a baronet, with a view of securing his interest in that measure; and upon the same principle, she soon after created him a judge, or one of the lords of session. From this time, according to the custom of Scotland, he was styled, from the name of his estate, Lord Cullen; and the same good qualities that recommended him to this honourable office, were very conspicuous in the discharge of it; which he continued for 20 years with the highest reputation, when a period was put to his life by an illness which lasted but three days. He expired without any agony on March 16th 1726.
His character is drawn to great advantage in the Biographia Britannica; where it is observed, among other remarks to his honour, "That as an advocate he was indefatigable in the management of business; but at the same time that he spared no pains, he would use no craft. He had so high an idea of the dignity of his profession, that he held it equally criminal to neglect any honest means of coming at justice, or to make use of any arts to elude it."
"In respect to fortune, though he was modest and frugal, and had a large practice, yet he was far from being avaricious. His private charities were very considerable, and grew in the same proportion with his profits. He was, besides, very scrupulous in many points; he would not suffer a just cause to be lost through a client's want of money. He was such an enemy to oppression, that he never denied his assistance to such as laboured under it; and with respect to the clergy of all professions (in Scotland) his conscience obliged him to serve them without a fee. He saw their wrongs required assistance, and he knew their circumstances would not admit of expence. His additions, therefore, to his paternal estate were much inferior to what might have been expected, and a large accession of character was the principal produce of that activity and diligence by which he was distinguished at the bar."
"When his merit had raised him to the bench, he thought himself accountable to God and man for his conduct in that high office; and that deep sense of his duty, at the same time that it kept him strictly to it, encouraged and supported him in the performance. The pleadings in Scotland are carried on chiefly in writing, which renders them sometimes very prolix, so as to take up much of a judge's time, and to exercise alike his parts and his patience in going through and making himself master of them. In this the diligence and dexterity of lord Cullen were equally conspicuous: he went through every thing that came into his hands very carefully, and sifted it thoroughly; so that the lawyers at the bar never found themselves too strong
for the bench, but on the contrary were often told many things by his lordship, which had either escaped their notice, or which the interest of their client had engaged them to conceal. As his attention to the pleadings guided him to the real merits of the cause; so when he was once master of these, his second care was to dispatch it. He knew, that, in judicature, the next fault to denying, was delaying justice; by which families are always injured, and too often ruined. Whenever, therefore, he had provided against being mistaken, he was desirous of bringing the matter to a short decision; and as he was very solicitous about the former, so the parties themselves helped him not a little as to the latter. Whenever he sat as lord ordinary; the paper of causes was remarkably full, for his reputation being equally established for knowledge and integrity, there were none, who had a good opinion of their own pretensions, but were desirous of bringing them before him, and not many who did not sit down satisfied with his decision. This prevailed more especially after it was found that few of his sentences were reversed; and when they were, it was commonly owing to himself: for if, upon mature reflection, or upon new reasons offered at the re-hearing, he saw any just ground for altering his judgment, he made no scruple of declaring it; being persuaded, that it was more manly, as well as more just, to follow truth, than to support opinion; and his conduct in this respect had a right effect; for instead of lessening, it raised his reputation."
"He would not, however, with all this great stock of knowledge, experience, and probity, trust himself in matters of blood, or venture to decide in criminal cases on the lives of his fellow-creatures; which was the reason, that, though often solicited, he could never be prevailed upon to accept of a seat in the judicial court."
"He was so true a lover of learning, and was so much addicted to his studies, that, notwithstanding the multiplicity of his business while at the bar, and his great attention to his charge when a judge, he nevertheless found time to write various treatises, on very different and important subjects: Some political, which were remarkably well-timed, and highly serviceable to the government: others of a most extensive nature, such as his essays on law, religion, and education, which were dedicated to his present majesty when prince of Wales; by whose command, his then secretary, Mr. Samuel Molyneux, wrote him a letter of thanks, in which were many gracious expressions, as well in relation to the piece, as to its author. He composed, besides these, many discourses on literary subjects, for the exercise of his own thoughts, and for the better discovery of truth; which went no farther than his own closet, and from a principle of modesty were not communicated even to his most intimate friends."
"In his lordship's private character he was as amiable as he was respectable in his public. There were certain circumstances that determined him to part with an estate that was left him by his father; and it being foreseen that he would employ the produce of it, and the money he had acquired by his profession, in a new purchase, there were many decayed families who solicited him to take their lands upon his own terms, relying entirely
entirely on that equity, which they conceived to be the rule of his actions. It appeared that their opinion of him was perfectly well grounded. For being at length prevailed upon to lay out his money on the estate of an unfortunate family, who had a debt upon it of more than it was worth; he first put their affairs into order, and by classing the different demands, and compromising a variety of claims, secured some thousand pounds to the heirs, without prejudice to any, and of which they had never been possessed but from his interposition and vigilance in their behalf: So far was he either from making any advantage to himself of their necessities, or of his own skill in his profession; a circumstance justly mentioned to his honour, and which is an equal proof of his candor, generosity, and compassion. He was charitable without ostentation, disinterested in his friendships, and beneficent to all who had any thing to do with him. He was not only strictly just; but so free from any species of avarice, that his lady, who was a woman of great prudence and discretion, finding him more intent on the business committed to him by others, than on his own, took upon herself the care of placing out his money; and to prevent his postponing, as he was apt to do, such kind of affairs, when securities offered, she caused the circumstances of them to be stated in the form of cases, and so procured his opinion upon his own concerns, as if they had been those of a client. These little circumstances are mentioned as more expressive of his temper, than actions of another kind could be; because, in matters of importance, men either act from habit, or from motives that the world cannot penetrate; but, in things of a trivial nature, are left upon their guard, shew their true disposition, and stand confessed for what they are."