Home1860 Edition

HOLZMINDEN

Volume 11 · 1,018 words · 1860 Edition

town of Brunswick, on the right bank of the Weser, at the foot of the Sollinger Mountains, 56 miles S.W. of Brunswick. It is a place of great manufacturing activity, producing largely iron and steel wares, hosiery, flannel, linen, paper, leather, &c.; and has an active river trade. It has two churches, a synagogue, gymnasium, and public library. Pop. about 4000.

Home, Henry, Lord Kames, a celebrated Scottish lawyer and writer, was born in Berwickshire in 1696. He received his early education in languages and mathematics from the family tutor. He studied civil law and municipal jurisprudence at the University of Edinburgh. Finding it necessary, in order to become a finished barrister, to pay special attention to the forms and business of courts, he attended the chamber of a writer to the signet. His ability and great application rendered him a successful advocate, in which capacity he began to practise in 1724. In 1752 his genius, in addition to his other qualities, elevated him to the seat of judge of the Court of Session. This high office he held under the title of Lord Kames, with distinguished reputation for thirty years. In 1763 he was made one of the Lords of Justiciary. He died 27th December 1782, at the advanced age of eighty-six.

Lord Kames applied his vigorous intellect to metaphysics and criticism as well as to law, and occupied no small portion of his long life in promoting trade and in the improvement of agriculture. His publications on subjects relating to law form a numerous catalogue. In 1728 he published Remarkable Decisions of the Court of Session during the previous Twelve Years, in 1 vol. folio. In 1732 appeared his essays on Jus tertii, Beneficium cedendarum Actionum, &c., 1 vol. 8vo. These essays were received with admiration. In 1741 appeared his Decisions of the Court of Session during its whole existence, abridged and arranged like a dictionary, extremely useful to the practical lawyer, 2 vols. folio. In 1747 appeared his British Antiquities, relating to law, such as the introduction of the feudal law into Scotland, &c., in 1 vol. 8vo. In 1757 appeared his abridgment of the Statute Law of Scotland, with Historical Notes, in 1 vol. 8vo. In 1759 he published Historical Law Tracts, in 2 vols. 8vo. In 1760 appeared his Principles of Equity, in 1 vol. folio. In 1766 he gave another volume of Remarkable Decisions of the Court of Session from 1730 to 1752, 1 vol. folio. In 1777 he published Elocutions respecting the Common and Statute Law of Scotland, 1 vol. 8vo. In 1780 appeared his Select Decisions of the Court of Session from 1752 to 1768, in 1 vol. folio. These numerous publications within his proper sphere of law, display amazing activity and industry extended to the very close of his life.

But we have now to follow Lord Kames into another domain; for useful as were his law publications at the time, and even still, his fame does not mainly rest on them. He had corresponded with Butler, Berkeley, and Clarke, at an early period, and possessed a decided inclination for metaphysical studies. In 1751 appeared Essays on the Principles of Morality and Natural Religion, in 1 vol. 8vo, from his pen. This work gave some offence, because the doctrine of philosophical necessity, as stated by him, was considered as coming into collision with the interests of religion. He altered some of the obnoxious expressions, but adhered to his doctrine in the main.

He refused to reduce all the springs of human action to one principle, and to undervalue reason to the extent to which incantious theologians are sometimes disposed to do. It is said that a Dissenting professor, mistaking the "necessity" of the philosopher for the "predestination" of Calvin, had the hardihood to recommend the treatise to his students. In 1761 Lord Kames published his Introduction to the Art of Thinking, 1 vol. 12mo. In 1762 appeared his Elements of Criticism, upon which his fame is chiefly founded. This work quickly took precedence of such as had been in more general use before it. Lord Kames, in this able and original work endeavours to analyze the sublime and beautiful. Whatever comes under the one or the other of these denominations must be considered partly as it is in itself, and partly as to the means which we have of receiving the impression, i.e., our faculties. But not only so, the object is to be considered not simply as to itself, but also as to the circumstances and associations connected with it. He encounters and freely admits the difficulty which occurs in the fact, that a pleasurable emotion should be the result of two things so different as the sublime and beautiful. His analysis of the sublime is more successful than that of the beautiful; the latter he sometimes decides from a merely utilitarian point of view.

In addition to all the foregoing labors, Lord Kames was a zealous promoter of the agricultural and commercial interests of Scotland. He had the chief management of numerous boards of fisheries and manufactures, and was one of the first patrons of the Physical and Literary Society—afterwards the Royal Society of Edinburgh. In 1772 he published a work on agriculture, entitled, The Gentleman Farmer, being an Attempt to improve Agriculture, by subjecting it to the Test of Rational Principles. His work, Sketches of the History of Man, appeared in the following year, but was less accurate than entertaining. His last work was Loose Hints upon Education, 1781, 1 vol. 8vo. In this work, written in his 85th year, he earnestly inculcates the importance of training up youth in virtue and industry. He attended the Court of Session to within a short time of his decease. A few days before he died he addressed each of the judges separately, and took an affectionate farewell. He was of an extremely lively disposition, and warm in his friendships. His abiding sense of an intelligent Providence continually led him to trace out evidences of wisdom in nature. For his life, see Woodhouselee's Account, in 2 vols. 4to, 1807.