in which we live, is the proper accomplishment of every gentleman and scholar; an highly useful, I had almost said effential, part of liberal and polite education. And in this I am warranted by the example of antient Rome; where, as Cicero informs us, the very boys were obliged to learn the twelve tables by heart, as a carmen neceffarium, or indifpenfable leffon, to imprint on their tender minds an early knowlege of the laws and conftitution of their country.

BUT as the long and univerfal neglect of this study, with us in England, feems in fome degree to call in queftion the truth of this evident position, it shall therefore be the bufinefs of this introductory difcourfe, in the first place to demonftrate the utility of fome general acquaintance with the municipal law of the land, by pointing out it's particular uses in all confiderable fituations of life. Some conjectures will then be offered with regard to the causes of neglecting this useful ftudy to which will be fubjoined a few reflections on the peculiar propriety of reviving it in our own univerfities.

AND, first, to demonftrate the utility of fome acquaintance with the laws of the land, let us only reflect a moment on the fingular frame and polity of that land, which is governed by this fyftem of laws. A land, perhaps the only one in the universe, in which political or civil liberty is the very end and fcope of the conftitution. This liberty, rightly understood, confifts in the power of doing whatever the laws permit; which is only tobe effected by a general conformity of all orders and degrees to thofe equitable rules of action, by which the meanest individual is protected from the infults and oppreffion of the greatest. As therefore every fubject is interested in the prefervation of the laws, it is incumbent upon every man to be acquainted with those at least with which he is immediately concerned; left he incur the cenfure, as well as inconvenience, of living in fociety without knowing the obligations which it lays him under. And thus much may fuffice for pera De Legg. 2. 23. Facultas ejus, quod cuique facere libet, ↳ Montefq. Efp. L. l. 11. c. 5. nifi quid vi, aut jure prohibetur. Inft. 1. 3. I. fons

fons of inferior condition, who have neither time nor capacity to enlarge their views beyond that contracted sphere in which they are appointed to move. But those on whom nature and fortune have bestowed more abilities and greater leisure, cannot be so easily excused. These advantages are given them, not for the benefit of themfelves only, but alfo of the public: and yet they cannot, in any scene of life, difcharge properly their duty either to the public or themselves, without some degree of knowlege in the laws. To evince this the more clearly, it may not be amifs to defcend to a few particulars.

LET us therefore begin with our gentlemen of independent eftates and fortune, the most useful as well as confiderable body of men in the nation; whom even to fuppofe ignorant in this branch of learning is treated by Mr. Locked as a ftrange abfurdity. It is their landed property, with it's long and voluminoustrain of descents and conveyances, fettlements, entails, and incumbrances, that forms the most intricate and most extensive object of legal knowlege. The thorough comprehenfion of these, in all their minute diftinctions, is perhaps too laborious a task for any but a lawyer by profes fion yet still the understanding of a few leading principles, relating to eftates and conveyancing, may form fome check and guard upon a gentleman's inferior agents, and preferve him at least from very grofs and notorious impofition.

AGAIN, the policy of all laws has made fome forms neceffary in the wording of laft wills and teftaments, and more with regard to their atteftation. An ignorance in these must always be of dangerous confequence, to fuch as by choice or neceffity compile their own teftaments without any technical affiftance. Those who have attended the courts of justice are the beft witneffes of the confufion and diftreffes that are hereby occafioned in families; and of the difficulties that arife in discerning the true meaning of the teftator, or sometimes in difcovering any meaning at all: fo that in the end his eftate

may often be vefted quite contrary to thefe his enigmatical intentions, because perhaps he has omitted one or two formal words, which are neceffary to afcertain the sense with indifputable legal precision, or has executed his will in the prefence of fewer witneffes than the law requires.

BUT to proceed from private concerns to thofe of a more public confideration. All gentlemen of fortune are, in confequence of their property, liable to be called upon to establish. the rights, to estimate the injuries, to weigh the accufations, and fometimes to difpofe of the lives of their fellow-fubjects, by ferving upon juries. In this fituation they have frequently a right to decide, and that upon their oaths, queftions of nice importance, in the solution of which fome legal skill is requifite; efpecially where the law and the fact, as it often happens, are intimately blended together. And the general incapacity, even of our beft juries, to do this with any tolerable propriety, has greatly debased their authority; and has unavoidably thrown more power into the hands of the judges, to direct, control, and even reverse their verdicts, than perhaps the conftitution intended.

f

BUT it is not as a juror only that the English gentleman is called upon to determine queftions of right, and diftribute juftice to his fellow-fubjects: it is principally with this order of men that the commission of the peace is filled. And here a very ample field is opened for a gentleman to exert his talents, by maintaining good order in his neighbourhood; by punishing the diffolute and idle; by protecting the peaceable and induftrious; and, above all, by healing petty differences and preventing vexatious profecutions. But, in order to attain these defirable ends, it is neceffary that the magistrate should understand his business; and have not only the will, but the power alfo, (under which must be included the knowlege) of adminiftering legal and effectual juftice. Elfe, when he has miftaken his authority, through paffion, through ignorance, or abfurdity, he will be the object of

contempt

contempt from his inferiors, and of cenfure from those to whom he is accountable for his conduct.

YET farther; moft gentlemen of confiderable property, at fome period or other in their lives, are ambitious of representing their country in parliament: and thofe, who are ambitious of receiving fo high a truft, would alfo do well to remember it's nature and importance. They are not thus honourably distinguished from the rest of their fellow-fubjects, merely that they may privilege their perfons, their estates, or their domeftics; that they may lift under party banners; may grant or with-hold fupplies; may vote with or vote against a popular or unpopular administration; but upon confiderations far more interefting and important. They are the guardians of the English conftitution; the makers, repealers, and interpreters of the English laws; delegated to watch, to check, and to avert every dangerous innovation, to propofe, to adopt, and to cherish any folid and well-weighed improvement; bound by every tie of nature, of honour, and of religion, to tranfmit that conftitution and thofe laws to their posterity, amended if poffible, at least without any derogation. And how unbecoming muft it appear in a member of the legislature to vote for a new law, who is utterly ignorant of the old! what kind of interpretation can he be enabled to give, who is a stranger to the text upon which he comments!

INDEED it is perfectly amazing, that there should be no other ftate of life, no other occupation, art, or science, in which fome method of inftruction is not looked upon as requifite, except only the fcience of legiflation, the nobleft and most difficult of any. Apprenticeships are held neceffary to almoft every art, commercial or mechanical: a long courfe of reading and study muft form the divine, the physician, and the practical profeffors of the laws: but every man of fuperior fortune thinks himself born a legiflator. Yet, Tully was of a different opinion; "it is ne

"ceffary,

"ceffary, fays he, for a fenator to be thoroughly acquainted "with the conftitution; and this, he declares, is a knowlege "of the most extenfive nature; a matter of science, of dili"gence, of reflexion; without which no fenator can poffibly "be fit for his office."

THE mifchiefs that have arifen to the public from inconfiderate alterations in our laws, are too obvious to be called in question; and how far they have been owing to the defective education of our fenators, is a point well worthy the public attention. The common law of England has fared like other venerable edifices of antiquity, which rash and unexperienced workmen have ventured to new-drefs and refine, with all the rage of modern improvement. Hence frequently it's fymmetry has been deftroyed, it's proportions distorted, and it's majestic fimplicity exchanged for fpecious embellishments and fantaftic novelties. For, to fay the truth, almost all the perplexed questions, almost all the niceties, intricacies, and delays, (which have fometimes difgraced the English, as well as other courts of justice) owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament; "overladen (as fir Ed"ward Coke expreffes it') with provifoes and additions, and

many times ona fudden penned or corrected by men of none "or very little judgment in law." This great and well-experienced judge declares, that in all his time he never knew two questions made upon rights merely depending upon the common law; and warmly laments the confufion introduced by ill-judging and unlearned legiflators. "But if," he subjoins, "acts of parliament were after the old fashion pen"ned, by fuch only as perfectly knew what the common law "was before the making of any act of parliament concerning "that matter, as alfo how far forth former ftatutes had pro"vided remedy for former mifchiefs, and defects difcovered by experience; then fhould very few questions in law arife,

De Legg. 3. 18. Eft fenatori nec ffarium noffe rempublicam; idque late patet :-genus boc omne fcientiae, diligentiae,

memoriae eft ; fine quo paratus effe fenator nullo pačio poteft.

f 2 Rep. pref.

"and