feen an univerfal emulation, who beft fhould understand, or moft faithfully pursue, the defigns of our generous patron : ner's general fund: and alfo (by himfelf, or by deputy to be approved, if occafional, by the vice-chancellor a d 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 Jaws of England, and in the English 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 scholars 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 hall amount to bannition by the univerfity 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 confent of the houfe of convocation. 5. THAT fuch a number of fellowThips with a ftipend of fifty pounds per annum, and scholarships with a ftipend of thirty pounds, be established, as the convocation fhall from time to time or dain, 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 matter 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 qualified and approved of by convocation,) to have the preference: that if not a barrifter 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 non-refilence 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 election be unmarried, and a member of fome college or hall in the univerfity of Oxford, who shall have been matriculated twentyfour calendar months at the leaft; that he do take the degree of bachelor of civil law with all convenient fpeed (either proceeding in arts or otherwife); and previous to his taking the fame, between the fecond and eighth year from his matriculation, be bound to attend two courses 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 mafter 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 and with pleasure we recollect, that those who are most diftinguished 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 itself, when a little more attended to in thefe 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 centuries will neceffarily create in any human system: a task, which those, who are deeply employed in business 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 themfelves, 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 shorten their refidence upon this account, nor perhaps entertain a worse opinion of the benefits of academical edu bachelor of civil law, being duly admonished 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 vicechancellor 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 actualły void. 9. THAT in cafe of any vacancy of of a digeft. cation. cation. Neither fhould 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 [31] these philofophical walls, we intereft a very tiumerous 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 purfue the profellion, will find it expedient (whenever it is practicable) to lay the previous foundations of this, as well as every other fcience, in one of our learned univerfities. We may ap peal to the experience of every fenfible lawyer, whether any thing can be more hazardous or discouraging than the usual entrance on the study of the law. A raw and unexperienced youth, in the most dangerous feafon of life, is tranfplanted on a fudden into the midst of allurements to pleasure, without any restraint or check but what his own prudence can fuggeft; with no public direction in what course to purfuc 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 else 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 fo unpromising a fearch', and addict themselves wholly to amusements, or other lefs innocent purfuits; and that fo many persons of moderate 'capacity confuse themfelves at firft fetting out, and continue 1 Sir Henry Spelman in the preface to his gloffary, has given us a very lively picture of his own distress upon this occafion. "Emifit me mater Londinum, "juris noftri capellendi gratia; cujus cum veftibulum falutaffem, reper fem "que linguam peregrinam, dialectum "barbaram, methodum inconcinnam, mo"lem non ingentem folum fed perpetuis "bumeris fuftinendam, excidit mìbi (fa"teer) animus, &c." ever dark and puzzled during the remainder of their lives! THE evident want of fome affiftance in the rudiments of legal knowledge has given birth to a practice, which if ever it had grown to be general, must have proved of extremely pernicious confequence. I mean the custom by fome fo [ 32 ] very warmly recommended, of dropping all liberal education, as of no use to students in the law and placing them, in it's ftead, at the defk of fome 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 inftances of particular perfons, (men of excellent learning, and unblemished integrity) who, in fpite 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 profeffion, and biaffed many parents, of fhortfighted judgment, in it's favour: not confidering that there are fome geniufes, formed to overcome all difadvantages, and that from fuch particular instances no general rules can be formed; nor obferving, that thofe very perfons have frequently recommended by the most forcible of all examples, the dif pofal 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 juftice, and fuggeft a few hints, in favour of univerfity learning :-but in thefe 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 The four highest judicial offices were at that time filled by gentlemen, two of whom had been fellows of All Souls college; another, ftudent of Chrift (4) The two firft were, Lord Northington and Lord Chief Juftice Willes; the third, Lord Mansfield; and the fourth, Sir Thomas Sewell, Mafter of the Rolls. VOL. I. D thus [ 33 ] 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 uninfstructed in the elements and firft principles upon which the rule of practice is founded, the leaft variation from eftablished precedents will totally distract and bewilder him: ita lex fcripta eft is the utmoft his knowlege will arrive at; he must never aspire to form, and feldom expect to comprehend, any arguments drawn a priori, from the spirit of the laws and the natural foundations of justice. NOR is this all; for (as few perfons of birth, or fortune, or even of fcholaftic education, will fubmit to the drudgery of fervitude and the manual labour of copying the trash of an office) fhould this infatuation prevail to any confiderable degree, we must rarely expect to fee a gentleman of diftinction or learning at the bar. And what the confequence may be, to have the interpretation and enforcement of the laws (which include the entire disposal of our properties, liberties, and lives) fall wholly into the hands of obfcure or illiterate men, is matter of very public concern (5). n See Kennet's Life of Somner. p.67. • Ff. 40. 9. 12. (5) The learning, which of late years has diftinguifhed the bar, leaves little reafon to apprehend that fuch will speedily be the degraded ftate of the laws of England. Our author's labours and example have contributed in no inconfiderable degree to rescue the profeflion from the reproaches of Lord Bolingbroke, whose sentiments upon the education of a barrister, correspond fo fully with thofe of the learned judge, that they deserve to be annexed to this elegant differtation on the fludy of the law. "I might inftance (fays he) in other profeffions, the obligation men lie under of applying to certain parts of history; and I can hardly forbear doing it in that of the law, in it's nature the nobleft and most beneficial to mankind, in it's abuse and debasement the moft fordid and the moft pernicious. A lawyer now is nothing more, I speak of ninety-nine in a hundred at least, to use some of Tully's words, nifi leguleius quidem cautus, et acutus præco actionum, cantor |