both the plan and execution of these his public-fpirited defigns to the wisdom of his parent univerfity. Refolving to dedicate his learned labours" to the benefit of pofterity "and the perpetual service of his country," he was sensible he could not perform his resolution in a better and more effectual manner, than by extending to the youth of this place those affiftances, of which he fo well remembered and fo heartily regretted the want. And the fenfe, which the university has entertained of this ample and most useful benefaction, must appear beyond a doubt, from their gratitude in receiving it with all poffible marks of esteem; from their alacrity and unexampled dispatch in carrying it into execution ; and, above all, from the laws and conftitutions by which they have effectually guarded it from the neglect and abuse to which fuch inftitutions are liable i. We have feen an univerfal emulation, who best should understand, or most

f See the preface to the eighteenth volume of his abridgment.

g Mr Viner is enrolled among the publick benefactors of the university by decree of convocation.

h Mr Viner died June 5, 1756. His effects were collected and settled, near a volume of his work printed, almost, the whole difpofed of, and the accounts made up, in a year and a half from his decease, by the very diligent and worthy administrators with the will annexed, (Dr Weft and Dr Good of Magdalene, Dr Whalley of Oriel, Mr Buckler of All Souls, and My Betts of University college) to whom that care was configned by the univerfity. Another half year was employed in confidering and fettling a plan of the propofed inftitution, and in framing the ftatutes thereupon, which were finally confirmed by convocation on the 3d of July, 1758. The profeffor was elected on the 20th of October following, and two scholars on the fucceeding day. And, laftly, it was agreed at the annual audit in 1761, to establish a fellowship; and a fellow was accordingly elected in January follow

ing. The refidue of this fund, arifing from the fale of Mr Viner's abridgment, will probably be fufficient hereafter to found another fellowship and scholarship, or three more scholarships, as fhall be thought most expedient.

i The ftatutes are in fubftance as fol

lows.

1. THAT the accounts of this bene. faction be separately kept, and annually audited by the delegates of accounts and profeffor, and afterwards reported to convocation.

2. THAT a profefforship of the laws of England be established, with a salary of two hundred pounds per annum; the profeffor to be elected by convocation, and to be at the time of his election at least a master of arts or bachelor of civil law in the univerfity of Oxford, of ten years standing from his matriculation; and alfo a barrister at law of four years standing at the bar.

3. THAT fuch profeffor (by himself, or by deputy to be previously approved by convocation) do read one folemn public lecture on the laws of England, and in

the

faithfully purfue, the defigns of our generous patron: and with pleasure werecollect, that those who are most distinguished

:

of thirty pounds, be established, as the convocation fhall from time to time ordain, according to the state of Mr Viner's revenues.

6. THAT every fellow be elected by convocation, and at the time of election be unmarried, and at least a master of arts or bachelor of civil law, and a member of fome college or hall in the univerfity of Oxford; the scholars of this foundation or fuch as have been scholars (if

the English language, in every academical term, at certain ftated times previous to the commencement of the common law term; or forfeit twenty pounds for every omiffion to Mr Viner's general fund and alfo (by himself, or by deputy to be approved, if occafional, by the vice-chancellor and proctors; or if permanent, both the cause and the deputy to be annually approved by convocation) do yearly read one complete courfe of lectures on the laws of England, and in the Eng-qualified and approved of by convocation) lish language, confifting of fixty lectures at the leaft; to be read during the univerfity term time, with fuch proper intervals that not more than four lectures may fall within any fingle week: that the profeffor do give a month's notice of the time when the courfe is to begin, and do read gratis to the fcholars of Mr Viner's foundation; but may demand of other auditors fuch gratuity as fhall be fettled from time to time by decree of convocation; and that, for every of the faid fixty lectures omitted, the profeffor, on complaint made to the vice-chancellor within the year, do forfeit forty fhillings to Mr Viner's general fund; the proof of having performed his duty to lie upon the faid profeffor.

4. THAT every profeffor do continue in his office during life, unless in case of fuch misbehaviour as fhall amount to bannition by the university ftatutes; or unless he deferts the profeffion of the law by betaking himself to another profeffion; or unless, after one admonition by the vice-chancellor and proctors for notorious neglect, he is guilty of another flagrant omiffion: in any of which cafes he be deprived by the vice-chancellor, with consent of the house of convocation.

5. THAT fuch a number of fellowships with a stipend of fifty pounds per annum, and scholarships with a 'ftipend

to have the preference: that, if not a barrister when chofen, he be called to the bar within one year after his election; but do refide in the univerfity two months in every year, or in cafe of nonrefidence do forfeit the ftipend of that year to Mr Viner's general fund.

7. THAT every scholar be elected by convocation, and at the time of election be unmarried, and a member of fome college or hall in the univerfity of Oxford, who fhall have been matriculated twenty-four calendar months at the leaft: that he do take the degree of bachelor of civil law with all convenient speed; (either proceeding in arts or otherwise) and previous to his taking the fame, between the fecond and eighth year from his matriculation, be found to attend two courfes of the profeffor's lectures, to be certified under the profeffor's hand; and within one year after taking the fame to be called to the bar: that he do annually refide fix months till he is of four years ftanding, and four months from that time till he is master of arts or bachelor of civil law; after which he be bound to refide two months in every year; or, in cafe of non-refidence, do forfeit the ftipend of that year to Mr Viner's general fund.

8. THAT the scholarships do become void in cafe of non-attendance on the profeffor, or not taking the degree of

bachelor

by their quality, their fortune, their station, their learning, or their experience, have appeared the moft zealous to promote the fuccefs of Mr Viner's establishment.

THE advantages that might refult to the fcience of the law itself, when a little more attended to in thefe feats of knowlege, perhaps, would be very confiderable. The leisure and abilities of the learned in these retirements might either fuggeft expe dients, or execute thofe dictated by wifer heads, for improving it's method, retrenching it's fuperfluities, and reconciling the little contrarieties, which the practice of many centu ries will neceffarily create in any human system: a task, which thofe, who are deeply employed in business and the more active scenes of the profeffion, can hardly condescend to engage in. And as to the intereft, or (which is the fame) the reputation of the univerfities themfelves, I may venture to pronounce, that if ever this study should arrive to any tolerable perfection either here or at Cambridge, the nobility and gentry of this kingdom would not fhorten their refidence upon this account, nor perhaps entertain a worse opinion of the benefits of academical education. Neither should it be confidered as a matter of light importance, that while we thus extend the pomoeria of univerfity learning, and adopt a new tribe of citizens within these philofophical walls, we interest a very

bachelor of civil law, being duly admo. nifhed fo to do by the vice-chancellor and proctors and that both fellowships and scholarships do expire at the end of ten years after each refpective election; and become void in cafe of grofs misbehaviour, non-refidence for two years together, marriage, not being called to the bar within the time before limited, (being duly admonished fo to be by the vice-chancellor, and proctors) or deferting the profeffion of the law by following any other profeffion: and that in any of these cafes the vice-chancellor, with confent of convocation, do declare the place actually void.

profefforfhip, fellowships, or scholarships, the profits of the current year be ratably divided between the predeceffor or his reprefentatives, and the fucceffor; and that a new election be had within one month afterwards, unless by that means the time of election fhall fall within any vacation, in which cafe it be deferred to the first week in the next full term. And that before any convocation shall be held for fuch election, or for any other matter relating to Mr Viner's benefaction, ten days public notice be given to each college and hall of the convocation, and the cause of convoking it. k See lord Bacon's propofals and

9. THAT in cafe of any vacancy of the offer of a digeft.,

numerous

numerous and very powerful profeffion in the prefervation of our rights and revenues.

FOR I think it paft difpute that thofe gentlemen, who refort to the inns of court with a view to pursue the profeffion, will find it expedient (whenever it is practicable) to lay the previous foundations of this, as well as every other science, in one of our learned univerfities. We may appeal to the experience of every fenfible lawyer, whether any thing can be more hazardous or difcouraging than the usual entrance on the study of the law. A raw and unexperienced youth, in the most dangerous season of life, is transplanted on a sudden intothe midft of allurements to pleafure, without any restraint or check but what his own prudence can fuggeft; with no public direction in what course to pursue his inquiries; no private affistance to remove the diftreffes and difficulties which will always embarrass a beginner. In this fituation he is expected to fequefter himself from the world, and by a tedious lonely procefs to extract the theory of law from a mafs of undigested learning; or elfe by an affiduous attendance on the courts to pick up theory and practice together, fufficient to qualify him for the ordinary run of bufinefs. How little therefore is it to be wondered at, that we hear of fo frequent mifcarriages; that fo many gentlemen of bright imaginations grow weary of so unpromising a search', and addict themfelves wholly to amusements, or other lefs innocent pursuits; and that so many perfons of moderate capacity confuse themfelves at firft fetting out, and continue ever dark and puzzled during the remainder of their lives.

THE evident want of fome affiftance in the rudiments of legal knowlege has given birth to a practice, which, if ever it had grown to be general, must have proved of extremely

1 Sir Henry Spelman, in the preface "riffemque linguam peregrinam, dialec ›› to his gloffary, has given us a very "tum barbaram, methodum inconcinnam, lively picture of his own diftress upon "molem non ingentem folum fed perpetuis this occafion. "Emifit me mater Lon- "bumeris fuftinendam, excidit mibi fadinum, juris noftri capeffendi gratia; "tear) animus, &c." * cujus cum veftibulum falutaffem, repe

pernicious

pernicious confequence. I mean the custom by some so very warmly recommended, of dropping all liberal education, as of no ufe to ftudents in the law: and placing them, in it's ftead, at the desk of some skilful attorney; in order to initiate them early in all the depths of practice, and render them more dextrous in the mechanical part of bufinefs. A few inftances of particular persons, (men of excellent learning, and unblemished integrity,) who, in spite of this method of education, have fhone in the foremost ranks of the bar, have afforded fome kind of fanction to this illiberal path to the profession, and biaffed many parents, of fhort-fighted judgment, in it's favour: not confidering, that there are some geniuses, formed to overcome all disadvantages, and that from such particular inftances no general rules can be formed; nor observing, that those very perfons have frequently recommended by the moft forcible of all examples, the difpofal of their own offspring, a very different foundation of legal ftudies, a regular academical education. Perhaps too, in return, I could now direct their eyes to our principal feats of justice, and suggest a few hints in favour of university learning :-but in these all who hear me, I know, have already prevented me.

m

MAKING therefore due allowance for one or two fhining exceptions, experience may teach us to foretell that a lawyer thus educated to the bar, in fubfervience to attorneys and folicitors", will find he has begun at the wrong end. If practice be the whole he is taught, practice must also be the whole he will ever know: if he be uninftructed in the elements and first principles upon which the rule of practice is founded, the leaft variation from established precedents will totally distract and bewilder him: ita lex fcripta eft is the utmost his knowlege will arrive at; he must never afpire to form, and feldom expect to comprehend, any arguments drawn a priori, from the fpirit of the laws and the natural foundations of justice.

m The four higheft judicial offices were at that tim filled by gentlemen, two of whom had been fellows of All Soul's college; another, ftudent of

Christ church; and the fourth a fellow of Trinity college, Cambridge.

■ See Kennet's Life of Somner, p. 67. • Ff. 40. 9. 12. NOR