before an object of academical knowledge, it was high time to make it one: and to those who can doubt of the propriety of its reception among us, (if any such there be,) we may return an answer in their own way, that ethics are confessedly a branch of academical learning; and Aristotle himself has said, speaking of the laws of his own country, that jurisprudence, or the knowledge of those laws, is the principal and most perfect branch of ethics. (3) FROM a thorough conviction of this truth, our munificent benefactor, Mr. VINER, having employed above half a century in amassing materials for new modelling and rendering more commodious the rude study of the laws of the land, consigned both the plan and execution of these his public-spirited [ 28 ] designs to the wisdom of his parent university. Resolving to dedicate his learned labours "to the benefit of posterity and "the perpetual service of his country," he was sensible he could not perform his resolution in a better and more effectual manner, than by extending to the youth of this place, those assistances of which he so well remembered and so heartily regretted the want. And the sense 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 possible marks of esteem3; from their alacrity and unexampled dispatch in carrying it into execution1; and, • Τέλεια μαλισα αρετη, ότι της τελειας αρετης χρησίς εσι. Ethic. ad Ni comach. 1. 5. c. i. administrators, with the will annexed, f See the preface to the eighteenth All Souls, and Mr. Betts of University volume of his abridgment. 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 settled, near a volume of his work printed, almost the whole disposed of, and the accounts made up in a year and a half from his decease, by the very diligent and worthy college,) to whom that care was consigned by the university. Another half year was employed in considering and settling a plan of the proposed institution, and in framing the statutes thereupon, which were finally confirmed by convocation, on the 3d of July, 1758. The professor was elected on the 20th of October following, and two scholars on the succeeding day. And, lastly, it was (3) Aristotle's authority is pressed rather unfairly to the support of the author's argument; in the passage cited he is not speaking of jurisprudence, but of social or distributive justice. above all, from the laws and constitutions by which they have effectually guarded it from the neglect and abuse to which such institutions are liable'. We have seen an univer agreed at the annual audit in 1761, to establish a fellowship; and a fellow was accordingly elected in January following. The residue of this fund, arising from the sale of Mr. Viner's abridgment, will probably be sufficient hereafter to found another fellowship and scholarship, or three more scholarships, as shall be thought most expedient. i THE statutes are in substance as follows: 1. THAT the accounts of this benefaction be separately kept, and annually audited by the delegates of accounts and professor, and afterwards reported to convocation. 2. THAT a professorship of the laws of England be established, with a salary of two hundred pounds per annum; the professor to be elected by convocation, and to be at the time of his election at least a master of arts or bachelor of civil law in the university of Oxford, of ten years' standing from his matriculation; and also a barrister at law of four years' standing at the bar. 3. THAT such professor (by himself, or by deputy to be previously approved by convocation) do read one solemn public lecture on the laws of England, and in the English language, in every academical term, at certain stated times previous to the commencement of the common law term; or forfeit twenty pounds for every omission to Mr. Viner's general fund; and also (by himself, or by deputy to be approved, if occasional, by the vice-chancellor and proctors; or, if permanent, both the cause and the deputy to be annually approved by convocation) do yearly read one complete course of lectures on the laws of England, and in the English language, consisting of sixty lectures at the least; to be read during the university term time, with such proper intervals that not more than four lectures may fall within any single week: that the professor do give a month's notice of the time when the course is to begin, and do read gratis to the scholars of Mr. Viner's foundation; but may demand of other auditors such gratuity as shall be settled from time to time by decree of convocation; and that for every of the said sixty lectures omitted, the professor, on complaint made to the vice-chancellor within the year, do forfeit forty shillings to Mr. Viner's general fund; the proof of having performed his duty to lie upon the said professor. (4) 4. THAT every professor do continue in his office during life, unless in case of such misbehaviour as shall amount to ; (4) By a ştatute passed in 1809 the labours of the professor are very properly reduced to an inaugural lecture within a year after his election and an annual course of twenty-four lectures, to be delivered in some one full term, with a restriction to the delivery of four only in any one week. They are to be read gratis to all members of the university; and a neglect to read the course incurs a forfeiture of the whole year's stipend. At the same time the residence of the fellows was dispensed with, and that of the scholars was reduced from six months to eighteen weeks, and from two months to six weeks; but the attendance of the scholars upon two courses of lectures was enforced, by making it unlawful to propose them even for the degree of M. A. or B.C.L., until the certificate of the professor of such attendance shall have been read in congregation. sal emulation, who best should understand, or most faithfully pursue, the designs of our generous patron: and with pleasure we recollect, that those who are most distinguished by [ 30 ] their quality, their fortune, their station, their learning, or bannition by the university statutes; or unless he deserts the profession of the law by betaking himself to another profession; or unless after one admonition by the vice-chancellor and proctors for notorious neglect, he is guilty of another flagrant omission; in any of which cases hę shall be deprived by the vice-chancellor, with consent of the house of convocation. 5. THAT such a number of fellowships with a stipend of fifty pounds per annum, and scholarships, with a stipend of thirty pounds, be established, as the convocation shall from time to time ordain, 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 master of arts or bachelor of civil law, and a member of some college or hall in the university of Oxford; the scholars of this foundation, or such as have been scholars, (if qualified and approved of by convocation,) to have the preference: that if not a barrister when chosen, he be called to the bar within one year after his election ; but do reside in the university two months in every year, or in case of non-residence do forfeit the stipend of that year to Mr. Viner's general fund. (4) 7. THAT every scholar be elected by convocation, and at the time of election be unmarried, and a member of some college or hall in the university of Oxford, who shall have been matriculated twenty-four calendar months at the least; 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 same, between the second and eighth year from his matriculation, be bound to attend two courses of the professor's lectures, to be certified under the professor's hand; and within one year after taking the same to 8. THAT the scholarships do become 9. THAT in case of any vacancy of the professorship, fellowships, or scholarships, the profits of the current year be rateably divided between the predecessor, or his representatives, and the successor; and that a new election be had within one month afterwards, unless by that means the time of election shall fall within any vacation, in which case it be deferred to the first week in the next full term. And that before any convocation shall be held for such 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. [ 31 ] their experience, have appeared the most zealous to promote the success of Mr. Viner's establishment. THE advantages that might result to the science of the law itself, when a little more attended to in the seats of knowledge, perhaps would be very considerable. The leisure and abilities of the learned in these retirements might either suggest expedients, or execute those dictated by wiser heads, for improving it's method, retrenching it's superfluities, and reconciling the little contrarieties, which the practice of many centuries will necessarily create in any human system; a task, which those, who are deeply employed in business and the more active scenes of the profession, can hardly condescend to engage in. And as to the interest, or (which is the same) the reputation of the universities themselves, I may venture to pronounce, that if ever this study should arrive to any tolerable perfection either here or at Cambridge, the nobility and gentry of this kingdom would not shorten their residence upon this account, nor perhaps entertain a worse opinion of the benefits of academical education. Neither should it be considered 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 philosophical walls, we interest a very numerous and very powerful profession in the preservation of our rights and revenues. FOR I think it past dispute that those gentlemen, who resort to the inns of court with a view to pursue the profession, 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 universities. We may appeal to the experience of every sensible 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 season of life, is transplanted on a sudden into the midst of allurements to pleasure, without any restraint or check but what his own prudence can suggest; with no public direction in what course to pursue his inquiries; no private assistance to remove the distresses and * See Lord Bacon's proposals and offer of a digest. difficulties which will always embarrass a beginner. In this situation he is expected to sequester himself from the world, and by a tedious lonely process to extract the theory of law from a mass of undigested learning; or else by an assiduous attendance on the courts to pick up theory and practice together, sufficient to qualify him for the ordinary run of business. How little therefore is it to be wondered at that we hear of so frequent miscarriages; that so many gentlemen of bright imaginations grow weary of so unpromising a search', and addict themselves wholly to amusements, or other less innocent pursuits; and that so many persons of moderate capacity confuse themselves at first setting out, and continue ever dark and puzzled during the remainder of their lives! THE evident want of some assistance 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 consequence. I mean the custom by some so very warmly recommended, of dropping all liberal education, as of no use to students in the law: and placing them, in its stead, at the desk of some skilful attorney; in order to initiate them early in all the depths of practice, and render them more dexterous in the mechanical part of business. A few instances of particular persons (men of excellent learning, and unblemished integrity) who, in spite of this method of education, have shone in the foremost ranks of the bar, have afforded some kind of sanction to this illiberal path to the profession, and biassed many parents, of short-sighted judgment, in its favour: not considering that there are some geniuses, formed to overcome all disadvantages, and that from such particular instances no general rules can be formed ; nor observing, that those very persons have frequently recommended, by the most forcible of all examples, the disposal of their own offspring, a very different foundation of legal studies, a regular academical education. Perhaps too, in |