THE Crown feems to have foon taken under its protection this infant feminary of common law; and, the more effectually to fofter and cherish it, king Henry the third, in the nineteenth year of his reign, iffued out an order directed to the mayor and sheriffs of London, commanding that no regent of any law fchools within that city fhould for the future teach law therein". The word, law, or leges, being a general term, may create fome doubt at this diftance of time whether the teaching of the civil law, or the common, or both, is hereby reftrained. But in either cafe it tends to the fame end. If the civil law only is prohibited, (which is Mr. Selden's " opinion,) it is then a retaliation upon the clergy, who had excluded the common law from their feats of learning. If the municipal law be alfo included in the restriction, (as fir Edward Coke underftands it, and which the words feem to import,) then the intention is evidently this; by preventing private teachers within the walls of the city, to collect all the common lawyers into the one public univerfity, which was newly instituted in the suburbs, W In this juridical university (for such it is infifted to have been by Fortescue and fir Edward Coke 2) there are two forts of collegiate houses; one called inns of chancery, in which the younger students of the law were usually placed, "learning and studying, says Fortescue 2, the originals, and "as it were the elements of the law; who, profiting therein, "as they grew to ripenefs, fo were they admitted into the "greater inns of the fame ftudy, called the inns of court." And in these inns of both kinds, he goes on to tell us, the knights and barons, with other grandees and noblemen of the realm, did use to place their children, though they did not defire to have them thoroughly learned in the law, or to get their living by it's practice: and that in his time there were about two thoufand ftudents at these several inns, all of whom he informs us were filii nobilium, or gentlemen born. [ 25 ] HENCE it is evident, that (though under the influence of the monks our universities neglected this study, yet) in the time of Henry the fixth it was thought highly neceffary, and was the univerfal practice, for the young nobility and gentry to be inftructed in the originals and clements of the laws. But by degrees this cuftom has fallen into difufe; so that in the reign of queen Elizabeth fir Edward Coke' does not reckon above a thousand students, and the number at present is very confiderably less. Which feems principally owing to these reasons: first, becaufe the inns of chancery being now almoft totally filled by the inferior branch of the profession, are neither commodious nor proper for the resort of gentlemen of any rank or figure; fo that there are very rarely (3) any young students entered at the inns of chancery: fecondly, because in the inns of court all forts of regimen and academical fuperintendance, either with regard to morals or ftudies, are found impracticable, and therefore entirely neglected lastly, becaufe perfons of birth and fortune, after having finished their ufual courfes at the universities, have [26] feldom leisure or refolution fufficient to enter upon a new fcheme of study at a new place of inftruction. Wherefore few gentlemen now refort to the inns of court, but fuch for whom the knowlege of practice is abfolutely neceffary; fuch, I mean, as are intended for the profeffion: the rest of our gentry (not to say our nobility alfo) having usually reb3 Rep. pref. (3) The inns of court are, the Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn, from which focieties alone, ftudents are called to the bar. The inns of chancery are, Clifford's Inn, Clement's Inn, Lion's Inn, New Inn, Furnival's Inn, Thavies's Inn, Staple's Inn, and Barnard's Inn. These are fubordinate to the inns of court; the three firft belong to the Inner Temple, the fourth to the Middle Temple, the two next to Lincoln's Inn, and the two laft to Gray's Inn. (Dug. Orig. jurid 320 & paffim.) Gentlemen are never entered at prefent in the inns of chancery with an intention of being called to the bar, for admiffion there would now be of no avail with regard to the time and attendance required by the inns of court. tired to their eftates, or visited foreign kingdoms, or entered upon public life, without any 'inftruction in the laws of the land, and indeed with hardly any opportunity of gaining instruction, unless it can be afforded them in these feats of learning. AND that thefe are the proper places, for affording affift ances of this kind to gentlemen of all stations and degrees, cannot (I think) with any colour of reafon be denied. For not one of the objections, which are made to the inns of court and chancery, and which I have just now enumerated, will hold with regard to the univerfities. Gentlemen may here affociate with gentlemen of their own rank and degree. Nor are their conduct and ftudies left entirely to their own difcretion; but regulated by a difcipline fo wife aud exact, yet fo liberal, fo fenfible, and manly, that their conformity to it's rules (which does at prefent fo much honour to our youth) is not more the effect of constraint than of their own inclinations and choice. Neither need they apprehend too long an avocation hereby from their private concerns and amufements, or (what is a more noble object) the fervice of their friends and their country. This study will go hand in hand with their other purfuits: it will obftruct none of them; it will ornament and affift them all. BUT if, upon the whole, there are any still wedded to monastic prejudice, that can entertain a doubt how far this study is properly and regularly academical, fuch perfons I am afraid either have not confidered the conftitution and defign of an univerfity, or elfe think very meanly of it. It must be a deplorable narrownefs of mind, that would confine these feats of inftruction to the limited views of one or two learned profeffions. To the praise of this age be it spoken, a more open and generous way of thinking begins now universally [ 27 ] to prevail. The attainment of liberal and genteel accomplishments, though not of the intellectual fort, has been thought by our wisest and most affectionate patrons, and c Lord chancellor Clarendon, in his dialogue of education, among his tracts, p. 325. appears to have been very foli- ❝ of. very lately by the whole univerfity, no fmall improvement of our antient plan of education: and therefore I may fafely affirm that nothing (how unusual foever) is, under due regulations, improper to be taught in this place, which is proper for a gentleman to learn. But that a fcience, which diftinguifhes the criterions of right and wrong; which teaches to establish the one, and prevent, punish, or redress the other; which employs in it's theory the nobleft faculties of the foul, and exerts in it's practice the cardinal virtues of the heart; a fcience, which is universal in it's use and extent, accommodated to each individual, yet comprehending the whole community; that a fcience like this fhould ever have been deemed unneceffary to be ftudied in an university, is matter of astonishment and concern. Surely, if it were not before an object of academical knowlege, it was high time to make it one and to those who can doubt the propriety of it's recep tion among us, (if any such there be,) we may return an anfwer in their own way, that ethics are confeffedly a branch of academical learning; and Aristotle himself has said, speak, ing of the laws of his own country, that jurifprudence, or the knowlege of thofe laws, is the principal and most perfect branch of ethics. FROM a thorough conviction of this truth, our munificent benefactor, Mr VINER, having employed above half a century in amaffing materials for new-modelling and rendering more commodious the rude ftudy of the laws of the land, configned [28] both the plan and execution of these his public-fpirited defigns to the wifdom of his parent univerfity. Refolving to dedicate his learned labours" to the benefit of posterity and "of the ornament of our learned aca. By accepting in full convocation the from his noble defcendants, on condition to apply the profits arifing from it's publication to the establishment of a manage in the university. • Τέλεια μαλιςα αρετη, ότι της τελείας BRENG XOTIC 851. Ethic. ad Ni.omach. 1. 5. c. 3. "the "the perpetual service 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, muft appear beyond a doubt, from their gratitude in receiving it with all poffible marks of esteem ; from their alacrity and unexampled difpatch 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 such institutions are liable 1. We have f See the preface to the eighteenth probably be fufficient hereafter to found volume of his abridgment. g Mr Viner is enrolled among the public benefactors of the university by decree of convocation. h Mr Viner died June 5, 1756. His effects were collected and fettled, near a volume of his work printed, almoft 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 Mr Betts of Univerfity college,) to whom that care was configned by the university. Another half year was employed in confidering and fettling a plan of the propofed institution, and in framing the ftatutes thereupon, which were finally confirmed by convocation on the 3d of July 1758. The profes for was elected on the zoth 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 following. The refidue of this fund, arifing from the fale of Mr Viner's abridgment, will another fellowship and fcholarship, or three more fcholarships, as fhail be thought most expedient. iTHE ftatutes are in fubftance as follows. 1. THAT the accounts of this benefaction be feparately kept, and annually audited by the delegates of accounts and profeffor, and afterwards reported to con. vocation. 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 leaft a mafter of arts or bachelor of civil law in the univerfity of Oxford, of ten years ftanding from his matriculation; and alfo a barrifter at law of four years ftanding at the bar. 3. THAT fuch professor (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 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 omiflion to Mr Vi ner's |