THE inconveniences here pointed out can never be effectually prevented, but by making academical education a previous ftep to the profeffion of the common law, and at the fame time making the rudiments of the law a part of academical education. For fciences are of a fociable difpofition, and flourish best in the neighbourhood of each other: nor is there any branch of learning, but may be helped and improved by affiftances drawn from other arts. If therefore the student in our laws hath formed both his fentiments and style, by perufal and imitation of the pureft claffical writers, among whom the hiftorians and orators will be deferve his regard; if he can reafon with precifion, and feparate argument from fallacy, by the clear fimple rules of pure unfophifticated logic; if he can fix his attention, and steadily purfue truth through any the moft intricate deduction, by the use of mathematical demonstrations, if he has enlarged his conceptions of nature and art, by a view of the feveral branches of genuine, experimental philofophy; if he

cantor formularum, auceps fyllabarum. But there have been lawyers. that were orators, philofophers, hiftorians: there have been Bacons and Clarendons. There will be none fuch any more, till in fome better age true ambition, or the love of fame, prevails over avarice; and till men find leisure and encouragement to prepare themselves for the exercise of this profeffion, by climbing up to the vantage ground, fo my Lord Bacon calls it, of science, inftead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane. Till this happen, the profesfion of the law will scarce deferve to be ranked among the learned profeffions; and whenever it happens one of the vantage grounds to which men must climb, is metaphyfical, and the other, hiftorical knowledge.

་་

They must pry into the fecret receffes of the human heart, and become well acquainted with the whole moral world, that they may discover the abftract reafon of all laws; and they must trace the laws of particular states, especially of their own, from the first rough sketches, to the more perfect draughts; from the first causes or occafions that produced them, through all the effects, good and bad, that they produced." (Stud. of Hift. p. 353. quarto edition.)

has impressed on his mind the found maxims of the law of nature, the best and most authentic foundation of human laws; if, lastly, he has contemplated those maxims reduced to a practical fyftem in the laws of imperial Rome; if he has done this or any part of it, (though all may be easily done under as able inftructors as ever graced any feats of learning) a student thus qualified may enter upon the study of the law with incredible advantage and reputation. And [34] if, at the conclufion, or during the acquifition of these ac

complishments, he will afford himself here a year or two's farther leifure, to lay the foundation of his future labours in a folid fcientifical method, without thirsting too early to attend that practice which it is impoffible he fhould rightly comprehend, he will afterwards proceed with the greatest eafe, and will unfold the most intricate points with an intuitive rapidity and clearncfs.

I SHALL not infist upon fuch motives as might be drawn from principles of œconomy, and are applicable to particulars only: I reafon upon more general topics. And therefore to the qualities of the head, which I have just enumerated, I cannot but add thofe of the heart; affectionate loyalty to the king, a zeal for liberty and the conftitution, a fenfe of real honour, and well grounded principles of religion; as neceffary to form a truly valuable English lawyer, a Hyde, a Hale, or a Talbot. And, whatever the ignorance of fome, or unkindness of others, may have heretofore untruly fuggested, experience will warrant us to affirm, that these endowments of loyalty and public fpirit, of honour and religion, are no where to be found in more high perfection than in the two univerfities of this kingdom.

BEFORE I conclude, it may perhaps be expected, that I lay before you a fhort and general account of the method I propose to follow, in endeavouring to execute the truft you have been pleased to repofe in my hands. And in thefe folemn lectures, which are ordained to be read at the entrance of every term, (more perhaps to do public honour to this laud

able inftitution, than for the private inftruction of individuals P) I prefume it will best answer the intent of our benefactor and the expectation of this learned body, if I attempt to illuftrate at times fuch detached titles of the law, as are the most easy to be understood, and moft capable of hif torical or critical ornament. But in reading the complete

course, which is annually configned to my care, a more re

gular method will be neceffary; and, till a better is propofed,

I fhall take the liberty to follow the fame that I have already [ 35 ] fubmitted to the public. To fill up and finish that outline with propriety and correctness, and to render the whole intelligible to the uninformed minds of beginners, (whom we are too apt to fuppofe acquainted with terms and ideas, which they never had opportunity to learn) this must be my ardent endeavour, though by no means my promise, to accomplish. You will permit me however very briefly to defcribe, rather what I conceive an academical expounder of the laws fhould do, than what I have ever known to be done.

HE fhould confider his courfe as a general map of the law, marking out the shape of the country, it's connexions and boundaries, it's greater divifions and principal cities: it is not his business to describe minutely the fubordinate limits, or to fix the longitude and latitude of every inconfiderable hamlet. His attention fhould be engaged, like that of the readers in Fortefcue's inns of chancery, "in tracing out the "C originals and as it were the elements of the law." For if, as Juftinian has obferved, the tender underftanding of

the student be loaded at the firft with a multitude and variety of matter, it will either occafion him to defert his studies, or will carry him heavily through them, with much labour, delay, and defpondence. These originals fhould be traced to their fountains, as well as our diftance will permit; to the customs of the Britons and Germans, as recorded by Caefar and Tacitus; to the codes of the northern nations on the continent, and more especially to thofe of our own Saxon princes; to the rules of the Roman law either left here in the days of Papinian, or imported by Vacarius and [36] his followers; but above all, to that inexhaustible reservoir of

legal antiquities and learning, the feodal law, or, as Spelman has entitled it, the law of nations in our weftern orb. These primary rules and fundamental principles fhould be weighed and compared with the precepts of the law of nature, and the practice of other countries; fhould be explained by reafons, illuftrated by examples, and confirmed by undoubted authorities; their hiftory fhould be deduced, their changes and revolutions obferved, and it fhould be fhewn how far they are connected with, or have at any time been affected by, the civil transactions of the kingdom

A PLAN of this nature, if executed with care and ability, cannot fail of adminiftering a moft ufeful and rational entertainment to students of all ranks and profeffions; and yet it must be confeffed that the study of the laws is not merely a matter of amufement; for, as a very judicious writer has obferved upon a fimilar occafion, the learner "will be con"fiderably disappointed, if he looks for entertainment with❝out the expence of attention." An attention, however, not greater than is ufually bestowed in mastering the rudiments of other fciences, or fometimes in pursuing a favourite recreation or exercife. And this attention is not equally neceffary to be exerted by every student upon every occafion. Some branches of the law, as the formal process of civil fuits, and the fubtle diftinctions incident to landed proDr Taylor's pref. to Elem. of civil law. perty

Of parliaments. 57.

36 perty, which are the most difficult to be thoroughly underftood, are the leaft worth the pains of understanding, excepti to fuch gentlemen as intend to purfue the profeffion. To others I may venture to apply, with a flight alteration, the words of Sir John Fortescue", when first his ro al pupil· determines to engage in this ftudy. "It will not be neces "fary for a gentleman, as fuch, to examine with a close ap"plication the critical niceties of the law. It will fully be "fufficient, and he may well enough be denominated a "lawyer, if under the inftruction of a mafter he traces up "the principles and grounds of the law, even to their ori- [ 37 ] "ginal elements. Therefore in a very fhort period, and "with very little labour, he may be fufficiently informed in "the laws of his country, if he will but apply his mind in "good earnest to receive and apprehend them. For, though "fuch knowlege as is neceffary for a judge is hardly to "be acquired by the lucubrations of twenty years, yet, "with a genius of tolerable perfpicacity, that knowlege "which is fit for a perfon of birth or condition may be "learned in a fingle year, without neglecting his other improvements."

To the few therefore (the very few I am perfuaded,) that entertain fuch unworthy notions of an university, as to fuppose it intended for mere diffipation of thought; to such as mean only to while away the aukward interval from childhood to twenty-one, between the reftraints of the fchool and the licentioufnefs of politer life, in a calm middle ftate of mental and of moral inactivity; to these Mr Viner gives no invitation to an entertainment which they never can relish. But to the long and illuftrious train of noble and ingenuous youth, who are not more diftinguished among us by their birth and poffeffions, than by the regularity of their conduct and their thirst after useful knowlege, to thefe our benefactor has confecrated the fruits of a long and laborious life, worn out in the duties of his calling; and will joyfully reflect (if fuch reflections can be now the employment of his