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cious consequence: I mean the custom, by some so very warmly recommended, to drop all liberal education, as of no use to lawyers; and to place them, in it's stead, as the desk 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 instances of particular persons, (men of excellent learning, and unblemished integrity) who, in spight of this method of education, have shone in the foremost ranks of the bar, have afforded some kind of fanction to this illiberal path to the profeffion, and biaffed many parents, of shortfighted judgment, in it's favour: not confidering, that there are some geniuses, formed to overcome all disadvantages, and that from such particular instances no general rules can be formed; nor obferving, 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 return, I could now direct their eyes to our principal seats of justice, and suggest a few hints, in favour of university learning TM: but in these all who hear me, I know, have already prevented me.

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MAKING therefore due allowance for one or two shining exceptions, experience may teach us to foretell that a lawyer thus educated to the bar, in subservience 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 uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him: ita lex fcripta eft is the utmost his knowlege will arrive at; he must never afpire to form, and seldom expect to comprehend, any arguments drawn a priori, from the spirit of the laws and the natural foundations of justice.

The four highest offices in the law were at that time filled by gentlemen, two of whom had been fellows of All Souls college; another, student of Chrift-Church;

and the fourth a fellow of Trinity college, Cambridge.

■ See Kennet's life of Somner. p. 67. Ff. 40. 9. 12.

0

NOR

NOR is this all; for (as few persons of birth, or fortune, or even of scholastic education, will submit to the drudgery of fervitude and the manual labour of copying the trash of an office) should this infatuation prevail to any confiderable degree, we must rarely expect to see a gentleman of distinction or learning at the bar. And what the consequence may be, to have the interpretation and enforcement of the laws (which include the entire difpofal of our properties, liberties, and lives) fall wholly into the hands of obfcure or illiterate men, is matter of very public concern.

THE inconveniences here pointed out can never be effectually prevented, but by making academical education a previous step to the profession of the common law, and at the same time making the rudiments of the law a part of academical education. For sciences are of a sociable disposition, and flourish best in the neighbourhood of each other: nor is there any branch of learning, but may be helped and improved by assistances drawn from other arts. If therefore the student in our laws hath formed both his sentiments and style, by perusal and imitation of the purest classical writers, among whom the historians and orators will best deserve his regard; if he can reason with precision, and separate argument from fallacy, by the clear simple rules of pure unfophisticated logic; if he can fix his attention, and steadily pursue truth through any the most intricate deduction, by the use of mathematical demonstrations; if he has enlarged his conceptions of nature and art, by a view of the several branches of genuine, experimental, philosophy; if he 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 system 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 instructors 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 if,

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at the conclufion, or during the acquisition of these accomplishments, he will afford himself here a year or two's farther leifure, to lay the foundation of his future labours in a folid scientifical method, without thirsting too early to attend that practice which it is impossible he should rightly comprehend, he will afterwards proceed with the greatest ease, and will unfold the most intricate points with an intuitive rapidity and clearness.

I SHALL not insist upon such motives as might be drawn from principles of oeconomy, and are applicable to particulars only: I reason upon more general topics. And therefore to the qualities of the head, which I have just enumerated, I cannot but add those of the heart; affectionate loyalty to the king, a zeal for liberty and the constitution, a sense of real honour, and well grounded principles of religion; as necessary to form a truly valuable English lawyer, a Hyde, a Hale, or a Talbot. And, whatever the ignorance of some, or unkindness of others, may have heretofore untruly suggested, experience will warrant us to affirm, that these endowments of loyalty and public spirit, of honour and religion, are no where to be found in more high perfection than in the two universities of this kingdom.

BEFORE I conclude, it may perhaps be expected, that I lay before you a short and general account of the method I propose to follow, in endeavouring to execute the trust you have been pleased to repose in my hands. And in these solemn lectures, which are ordained to be read at the entrance of every term, (more perhaps to do public honour to this laudable institution, than for the private instruction of individuals) I prefume it will best answer the intent of our benefactor and the expectation of this learned body, if I attempt to illustrate at times such detached titles of the law, as are the most easy to be understood, and most capable of historical or critical ornament. But in reading the complete course, which is annually configned to my care, a more regular method will be necessary; and, till a better is propofed, • See Lowth's Oratio Crewiana, p. 365.

I shall

I shall take the liberty to follow the fame that I have already fubmitted to the public. To fill up and finish that outline with propriety and correctness, and to render the whole intelligible ta the uninformed minds of beginners, (whom we are too apt to suppose 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 describe, rather what I conceive an academical expounder of the laws should do, than what I have ever known to be done.

HE should confider his course as a general map of the law, marking out the shape of the country, it's connexions and boundaries, it's greater divisions and principal cities: it is not his bufiness to describe minutely the fubordinate limits, or to fix the longitude and latitude of every inconfiderable hamlet. His attention should be engaged, like that of the readers in Fortescue's inns of chancery, "in tracing out the originals and as it were the ele"ments of the law." For if, as Juftinian' has observed, the tender understanding of the student be loaded at the first with a multitude and variety of matter, it will either occasion him to desert his studies, or will carry him heavily through them, with much labour, delay, and despondence. These originals should be traced to their fountains, as well as our distance 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 those 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 his followers; but, above all, to that inexhaustible refervoir of legal antiquities and learning, the feodal law, or, as Spelman has entitled it, the law of nations in our western orb. These primary rules and fundamental principles should be weighed and compared with the precepts of the law of nature, and the practice of other countries; should be explained by reasons, illustrated by examples, and confirmed by undoubted authorities; their history should be deduced, their changes and revolutions observed, and it should be shewn how far they are connected with, or have at any time been affected by, the civil transactions of the kingdom.

The Analysis of the laws of England, first published, A. D. 1756, and exhibiting the order and principal divisions of the enfuing COMMENTARIES; which were originally fubmitted to the university in a private course of lectures, A. D. 1753.

Incipientibus nobis exponere jura populi Ro-mani, ita videntur tradi posse commodiffime, fi pr.me levn ac fimplici via fingula tradantur:

Alioqui, fi ftatim ab initio rudem adhuc & in-
firmum animum ftudiofi multitudine ac varietate
rerum oneravimus, duorum alterum, aut defer-
torem ftudiorum efficiemus, aut cum magno labo-
re, faepe etiam cum diffidentia (quae plerumque
juvenes avertit) ferius ad id perducemus, ad
quod leviore via ductus, fine magno labore &
fine ulla diffidentia maturius perduci potuiffet.
Inst. 1.1.2.
E 2

all. $ Of Parliaments. 57.

A PLAN of this nature, if executed with care and ability, cannot fail of administring a most useful and rational entertainment to students of all ranks and profeffions; and yet it must be confefsed that the study of the laws is not merely a matter of amusement: for as a very judicious writer has observed upon a fimilar occafion, the learner "will be confiderably disappointed " if he looks for entertainment without the expence of attention." An attention, however, not greater than is usually bestowed in mastering the rudiments of other sciences, or sometimes in purfuing a favorite recreation or exercife. And this attention is not equally necessary to be exerted by every student upon every occafion. Some branches of the law, as the formal process of civil suits, and the fubtile distinctions incident to landed property, which are the most difficult to be thoroughly understood, are the least worth the pains of understanding, except to such gentlemen as intend to pursue the profeffion. To others I may venture to apply, with a flight alteration, the words of fir John Fortefcue",

Dr Taylor's preface to Elem. of civil law. • Tibi, princeps, necesse non erit mysteria leris Angliae longo difciplinatu rimare. Sufficiet tibi, et fatis denominari legista mereberis, fi legum principia & caufas, usque ad elementa, difcipuli more indagaveris. - Quare tu, princeps fereniffime, parvo tempore, parva industria, fufficienter eris in legibus regni Angliae eruditus, dummodo ad ejus apprehenfionem tu conferas ani

mum tuum. - Nofco namque ingenii tui perspicacitatem, quo audacter pronuntio quod in legibus illis (licet earum peritia, qualis judicibus neceffaria eft, vix viginti annorum lucubrationibus acquiratur) tu doctrinam principi congruam in anno uno sufficienter nancifceris; nec interim militarem difciplinam, ad quam tam ardenter anhelas, negliges; fed ea, recreationis loco, etiam anno illo tu ad libitum perfrueris.

c. 8.

when

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