has impreffed 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 thofe 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 ftudent 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 accomplishments, he will afford himself here a year or two's farther leisure, to lay the foundation of his future labours in a folid fcientifical method, without thirfting too early to attend that practice which it is impoffible he should rightly comprehend, he will afterwards proceed with the greatest cafe, and will unfold the most intricate points with an intuitive rapidity and clearness.

I SHALL not infift upon fuch motives as might be drawn from principles of œconomy, and are applicable to particu lars only: I reafon 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 conftitution, a fense 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 unkindnefs of others, may have heretofore untruly fuggefted, 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 fhort and general account of the method I propofe to follow, in endeavouring to execute the truft you have been pleased to repofe in my hands. And in these folemn lectures, which are ordained to be read at the entrance of avery term, (more perhaps to do public honour to this laud

able

able inftitution, than for the private inftruction of individuals,) I prefume it will beft 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 hiftorical or critical ornament. But in reading the complete

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

gular method will be neceffary; and, till a better is propofed, I shall take the liberty to follow the fame that I have already [ 35 ] fubmitted to the public 4. To fill up and finish that outline with propriety and correctnefs, 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 promife, 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 consider his courfe as a general map of the law, marking out the fhape of the country, it's connexions and boundaries, it's greater divifions and principal cities: it is not his bufinefs to defcribe 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 "originals and as it were the elements of the law." For if, as Juftinian' has obferved, the tender understanding of

P See Lowth's Oratio Crewiana, P. 365.

9 The analysis of the laws of Eng. land, first published, A. D. 1756, and exhibiting the order and principal divifions of the enfuing COMMENTARIES; which were originally fubmitted to the univerfity in a private courfe of lectures,

A. D. 1753

Incipientibus nobis exponere jura populi Romani, ita videntur tradi poffe com

modiffime, fi primo levi ac fimplici via fingula tradantur: alioqui, fi ftatim ab initio rudemn adbuc et infirmum animum ftudiofi mult.tudine ac varietat: rerum oneravimus, duorum alterum, aut defertorem Audiorum efficiemus, aut cum magno labore, faepe etiam cum diffidentia (quae plerumque juvenes avertit) ferius ad id perducemus, ad quod, leviore via duktus, fine magno labore, et fine ulla dfidentia maturius perduci potuiffet. Inft. I. 1. 2. D 3

the

the ftudent be loaded at the firft with a multitude and variety of matter, it will either occafion him to defert his ftudies, or will carry him heavily through them, with much labour, delay, and defpondence. Thefe originals fhould 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 efpecially 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 Spelmans has entitled it, the law of nations in our weftern orb. Thefe 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 history 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 tranfactions 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 fludy 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 beftowed in maftering the rudiments of other fciences, or fometimes in purfuing a favourite recreation or exercife. And this attention is not equally neceffary to be exerted by every ftudent 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.

perty, which are the most difficult to be thoroughly underflood, are the leaft worth the pains of understanding, except to fuch gentlemen as intend to pursue the profeffion. To others I may venture to apply, with a flight alteration, the words of Sir John Fortefcue", when firft his royal pupil determines to engage in this ftudy. "It will not be necef"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

46

"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 neceflary 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 univerfity, as to fuppofe it intended for mere diffipation of thought; to fuch as mean only to while away the aukward interval from childhood to twenty-one, between the reftraints of the school 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 illustrious train of noble and ingenuous youth, who are not more diftinguifhed among us by their birth and poffeffions, than by the regularity of their conduct and their thirst after ufeful 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 u De laud. Leg, c. 8.

thoughts) that he could not more effectually have benefited posterity, or contributed to the fervice of the public, than by founding an inftitution which may inftruct the rifing generation in the wifdom of our civil polity, and in spire them with a defire to be still better acquainted with the laws and conftitution of their country.