both the plan and execution of thefe his public-fpirited defigns to the wifdom of his parent univerfity. Refolving to dedicate his learned labours" to the benefit of pofterity "and the perpetual fervice of his country," he was fenfible he could not perform his refolution in a better and more effectual manner, than by extending to the youth of this place thofe 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 poflible marks of efteem; 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. We have feen an univerfal emulation, who beft fhould 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 fettied, 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 adminiftrators 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 university. 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 fcholars 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 scholarfhip, or three more scholarships, as shall be thought moft expedient. i The ftatutes are in fubftance as fol lows. 1. THAT the accounts of this benefaction be feparately 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 eftablished, with a falary of two hundred pounds per annum; the profeffor to be elected by convocation, and to be at the time of his election at leaft a mafter 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 ftanding 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 pursue, the designs of our generous patron: and with pleasure werecollect, that thofe who are moft diftinguished the English language, in every acade mical 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 caufe and the deputy to be annually approved by convocation) do yearly read one complete courfe of leures on the laws of England, and in the English language, confifting of fixty lectures at the least; 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 cafe of fuch misbehaviour as fall amount to bannition by the univerfity ftatutes; or unless he deferts the profeffion of the Jaw by betaking himself to another profeffion; or unless, after one admonition by the vice-chancellor and proctors for notorious neglect, he is guilty of ano. ther flagrant omiffion: in any of which cafes he be deprived by the vice-chancellor, with confent 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 of thirty pounds, be established, as the convocation fhall from time to time ordain, according to the ftate 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 university of Oxford; the scholars of this foundation or fuch as have been scholars (if qualified and approved of by convocation) 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 fcholar be elected by convocation, and at the time of clection 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 franding, 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 most zealous to promote the fuccefs of Mr Viner's establishment. THE advantages that might refult to the fcience of the law itfelf, when a little more attended to in these feats of knowlege, perhaps, would be very confiderable. The leifure and abilities of the learned in these retirements might either fuggeft expedients, 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 fyftem: a task, which thofe, who are deeply employed in bufinefs and the more active fcenes of the profeffion, can hardly condefcend to engage in. And as to the intereft, or (which is the fame) the reputation of the univerfities themselves, I may venture to pronounce, that if ever this ftudy fhould 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 worfe opinion of the benefits of academical education. Neither fhould it be confidered as a matter of light importance, that while we thus extend the pomoeria of university learning, and adopt a new tribe of citizens within these philofophical walls, we interest a very bachelor of civil law, being duly admonished fo to do by the vice-chancellor and proctors: and that both fellowships and fcholarships do expire at the end of ten years after each respective 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 defert ing the profeffion of the law by following any other profeffion: and that in any of thefe cafes the vice-chancellor, with confent of convocation, do declare the place actually void. profefforship, 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 fhall 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 proposals and 9. THAT in cafe of any vacancy of the offer of a digest. numerous numerous and very powerful profession in the preservation 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 profellion, 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 ufual entrance on the ftudy of the law. A raw and unexperienced youth, in the most dangerous season of life, is transplanted on a fudden intothe midst of allurements to pleasure, without any restraint or check but what his own prudence can fuggeft; with no public direction in what courfe to purfue his inquiries; no private assistance 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 process 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 miscarriages; that fo many gentlemen of bright imaginations grow weary of fo unpromifing a fearch', and addict themfelves wholly to amusements, or other lefs innocent pursuits; and that fo many perfons of moderate capacity confuse themfelves at first 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 to his gloffary, has given us a very lively picture of his own diftrefs upon this occafion. "Emifit me mater Lon“ dinum, juris noftri capessendi gratia; ❝ cujus cum veftibulum jalutaffem, repe "riffemque linguam peregrinam, dialec "tum barbaram, methodum inconcinnam, "molem non ingentem folum fed perpetuis "bumeris fuftinendam, excidit mibi fa"teor) animus, &c.” pernicious pernicious confequence. I mean the cuftom by fome fo very warmly recommended, of dropping all liberal education, as of no use to ftudents in the law: and placing them, in it's stead, 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 business. A few instances of particular perfons, (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 biassed 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 obferving, that thofe very perfons have frequently recommended by the moft forcible of all examples, the difpofal of their own offspring, a very different foundation of legal studies, 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 univerfity learning :-but in these all who hear me, I know, have already prevented me. 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 cftablished precedents will totally diftract and bewilder him: ita lex fcripta eft is the utmost his knowlege will arrive at; he must never aspire to form, and feldom expect to comprehend, any arguments drawn a priori, from the fpirit of the laws and the natural foundations of justice. The four higheft judicial offices were at that tim filled by gentlemen, two of whom had been fellows of All Souls college; another, ftudent of Chrift church; and the fourth a fellow of Trinity college, Cambridge. n See Kennet's Life of Somner, p. 67. • Ff. 40. 9. 12. NOR |