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of this age be it spoken, a more open and generous way of thinking begins now universally 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 very lately by the whole university, no fmall improvement of our antient plan of education; and therefore I may fafely affirm that nothing (how unusual soever) is, under due regulations, improper to be taught in this place, which is proper for a gentleman to learn, But that a science, which diftinguishes 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 noblest faculties of the foul, and exerts in it's practice the cardinal virtues of the heart; a science, which is univerfal in it's use and extent, accommodated to each individual, yet comprehending the whole community; that a science like this should have ever been deemed unnecessary to be studied in an university, is matter of aftonishment 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 reception among us (if any fuch there be) we may return an answer in their own way; that ethics are confessedly a branch of academical learning, and Aristotle himself has faid, speaking of the laws of his own country, that jurisprudence or the knowlege of those 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 study of the laws of the land, configned both the plan and execution of these his public-spirited designs to the wisdom of his parent university. Resolving to dedicate his learned labours "to the benefit of pofterity and the perpetual service "of his country'," he was sensible he could not perform his resolutions in a better and more effectual manner, than by extending to the youth of this place those assistances, of which he fo well remembered and fo 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 esteem; from their alacrity and unexampled dispatch 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. We have seen an universal 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 their quality, their fortune, their station, their learning, or their experience, have appeared the most zealous to promote the success of Mr Viner's establishment.

Lord chancellor Clarendon, in his dialogue of education, among his tracts, p.325. appears to have been very folicitous, that it might be made " a part of the ornament "of our learned academies to teach the "qualities of riding, dancing, and fencing, "at these hours when more serious exer"cises should be intermitted."

d By accepting in full convocation the remainder of lord Clarendon's history from his noble descendants, on condition to apply the profits arising from it's publication to the establishment of a manage in the university.

• Τέλεια μαλιστα αρετης ότι της τέλειας αρετής χρησις εα. Ethic. ad Nicomach. l. 5. c. 3. D 2 the See the preface to the eighteenth volume of his abridgment.

8 Mr Viner is enrolled among the public benefactors of the university by decree of convocation.

Mr Viner died June 5, 1756. His effects were collected and fettled, near a voiume 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 administrators with the will annexed, (Dr West and Dr Good of Magdalene, Dr Whalley of Oriel, Mr Buckler of All Souls, and Mr Betts of University college) to whom that care was configned by the university. Another half year was employed in confidering 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 fucceeding day. And, lastly, it was agreed at the annual audit in 1761, to establism a fellowship; and a feilow was accordingly elected in

January following. - The refidue of this fund, arifing from the fale 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.

The statutes are in substance as fol-lows:

1. THAT the accounts of this benefaction be feparately kept, and annually audited by the delegates of accounts and profeffor, and afterwards reported to convocation.

2. THAT a professorship of the laws of England be established, with a falary of two hundred pounds per annum; the profeffor 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 ftanding at the bar.

3. THAT such professor (by himself, or by deputy to be previously approved by convocation) convocation) do read one folemn 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 omiffion to Mr Viner's general fund: and also (by himfelf, or by deputy to be approved, if occafional, 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, confifting 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 fingle week: that the profeffor 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 fuch gratuity as shall be fettled from time to time by decree of convocation : and that, for every of the said fixty lectures omitted, the profeffor, 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 faid profeffor.

4. THAT every profeffor do continue in his office during life, unless in case of such misbehaviour as shall amount to bannition by the university statutes; or unless he de. ferts 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 cafes he be deprived by the vicechancellor, with confent of the house of convocation.

5. THAT such a number of fellowships with a stipend of fifty pounds fer 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 mater 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 fuch as have been scholars (if qualified and approved of by convocation) to have the preference: that, if not a barrister whea chofen, he be called to the bar within one year after his election; but do refide in the university two months in every year, or in case of non-residence do forfeit the ftipend of that year to Mr Viner's general fund.

7.

THAT every scholar be elected by convocation, and at the time of election be unmarried, and a member of fome 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 proceed. ing in arts or otherwise) and previous to his taking the fame, between the second and eighth year from his matriculation, be bound to attend two courses of the profeffor's lectures, to be certified under the professor's hand; and within one year a ter taking the fame be called to the bar: that he do annually refide fix months till he is of four years standing, and four months from that time till he is master of arts or bachelor of civil law; after which he be bound to reside two months in every year; or, in case of non-refidence, do forfeit the ftipend of that year to Mr Viner's general fund.

8. THAT the scholarships do become void in case of non attendance on the profeffor, or not taking the degree of bachelor

of

THE advantages that might result to the science of the law itself, when a little more attended to in these seats of knowlege, perhaps would be very confiderable. The leisure and abilities of the learned in these retirements might either suggest expedients, or execute those 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 necessarily create in any human system: a task, which those who are deeply employed in business, and the more active scenes of the profefsion, can hardly condescend to engage in. And as to the interest, or (which is the fame) 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 refidence upon this account, nor perhaps entertain a worse opinion of the benefits of academical education. Neither should it be confidered 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.

of civil law, being duly admonished so to do by the vice-chancellor and proctors: and that both fellowships and scholarships do expire at the end of ten yeare after each respective election; and become void in case of grofs misbehaviour, non-residence for two years together, marriage, not being called to the bar within the time before limited, (being duly admonished so to be by the vice-chancellor and proctors) or deserting the profession of the law by following any other profession: and that in any of these cases the vice-chancellor, with confent of convocation, do declare the place actually void.

9. THAT in case of any vacancy of the

professorship, fellowships, or scholarships,
the profits of the current year be ratably
divided between the predecessor or his re-
presentatives, and the successor; and that a
new election be had within one month af-
terwards, 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 ar y
convocation shall be held for fuch election,
or for any other matter relating to Mr Vi-
ner's benefaction, ten days public notice be
given to each college and hall of the con-
vocation, and the cause of convoking it.
* See lord Bacon's proposals and offer of
a digeft.

very 1 Sir Henry Spelman, in the preface to his glossary, gives us a very lively picture of his own distress upon this occafion. "Emifit me mater Londinum, juris noftri ca"pessendi gratia; cujus cum veftibulum falu

FOR I think it is past dispute that those gentlemen, who refort 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 transpanted 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 enquiries; no private afsistance to remove the distresses and difficulties, which will always embarass a beginner. In this. fituation 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 affiduous attendance. on the courts to pick up theory and practice together, fufficient to qualify him for the ordinary run of business. How little therefore is it to be wondered at, that we hear of fo frequent miscarriages ; that so many gentlemen of bright imaginations grow weary of fo unpromifing 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 afsistance in the rudiments of legal knowlege, has given birth to a practice, which, if ever it had grown to be general, must have proved of extremely perni

"tassem, reperiffemque linguam peregrinam, dia“lectum barbaram, methodum inconcinnam, mo" lem non ingentem folum fed perpetuis humeris "fuftinendam, excidit mihi (fateor) animus,

“”

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