"the perpetual service of his country," he was fenfible he could not perform his refolution in a better and more effectual manner, than by extending to the youth of this place, thofe affiftances of which he fo well remembered and fo heartily regretted the want. And the fenfe, which the uni verfity has entertained of this ample and most useful benefaction, must appear beyond a doubt, from their gratitude in receiving it with all poffible marks of esteem; from their alacrity and unexampled difpatch 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 1. We have f See the preface to the eighteenth probably be fufficient hereafter to found volume of his abridgment. another fellowship and icholarship, or three more fcholarships, as fhail be thought moft expedient. g Mr Viner is enrolled among the public benefactors of the univerfity by decree of convocation. Mr Viner died June 5, 1756. His effects were collected and fettled, near a volume of his work printed, almost the whole difpofed 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 Weft and Dr Good of Magdalene, Dr Whalley of Oriel, Mr Buckler of All Souls, and Mr Betts of Univerfity college,) to whom that care was configned by the univerfity. Another half year was employed in confidering and fettling a plan of the propofed inftitution, and in framing the statutes thereupon, which were finally confirmed by convocation on the 3d of July 1758. The profes for was elected on the 20th of October following, and two scholars on the fucceeding day. And, laftly, it was agreed at the annual audit in 1761, to establish a fellowship; and a fellow was accordingly elected in January following. The refidue of this fund, arifing from the fale of Mr Viner's abridgment, will i THE ftatutes are in fubftance as follows. 1. THAT the accounts of this benefaction be separately kept, and annually audited by the delegates of accounts and profeffor, and afterwards reported to convocation. 2. THAT a profefforfhip of the laws of England be established, with a falary of two hundred pounds per annum; the profeflor to be elected by convocation, and to be at the time of his election at leaft a master of arts or bachelor of civil law in the univerfity of Oxford, often years ftanding from his matriculation; and alfo a barrister at law of four years ftanding at the bar. 3. THAT fuch profeffor (by himself, or by deputy to be previously approved by 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 Vi. ner's feen an univerfal emulation, who beft fhould understand, or moft faithfully purfue, the defigns of our generous patron: ner's revenues. 6. THAT every fellow be elected by convocation, and at the time of election be unmarried, and at leaft a master of arts or bachelor of civil law, and a member of fome college or hall in the uni. verfity of Oxford; the fcholars 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 when 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 cafe of non-refidence do forfeit the ftipend of that year to Mr Viner's general fund. ner's general fund and alfo (by him- dain, according to the state of Mr Vifelf, 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 courfe of lectures on the Jaws of England, and in the English language, confifting of fixty lectures at the leaft; to be read during the univerfity term time, with fuch 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 faid fixty lectures omitted, the profeffor, on complaint made to the vice-chancellor within the year, do forfeit forty fhillings 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, unlefs in cafe of fuch misbehaviour as fhall amount to bannition by the university ftatutes; or unless he deferts the profeffion of the law by betaking himself to another profeffion; or unlefs, after one admonition by the vice-chancellor and proctors for notorious neglect, he is guilty of another flagrant omiflion; in any of which cafes he be deprived by the vice-chancellor, with confent of the house of convocation. 5. THAT fuch a number of fellowfhips with a ftipend of fifty pounds per annum, and scholarships with a ftipend of thirty pounds, be established, as the convocation shall from time to time or 7. THAT every fcholar be elected by convocation, and at the time of election be unmarried, and a member of fome college or hall in the univerfity of Oxford, who shall have been matriculated twentyfour calendar months at the leaft; that he do take the degree of bachelor of civil law with all convenient fpeed (either proceeding in arts or otherwife); and previous to his taking the fame, between the fecond and eighth year from his matriculation, be bound to attend two courfes of the profeffor's lectures, to be certified under the profeflor's hand; and within one year after taking the fame to 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 matter of arts or bachelor of civil law; after which he be bound to refide two months in every year; or in cafe of non-refidence, do forfeit the ftipend of that year to Mr Vinci's general fund. S. THAT the fcholafhips do become void in cafe of non-attendance on the profeffor, or not taking the degree of bachelor and with pleasure we recollect, that those who are most diftinguished by their quality, their fortune, their station, their learning, or their experience, have appeared the most zealous to promote the fuccefs of Mr Viner's establishment. THE advantages that might refult to the fcience of the law itself, when a little more attended to in these feats of knowlege, perhaps, would be very confiderable. The leifure and abilities of the learned in these retirements might either fuggeft expedients, or execute thofe 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 neceffarily create in any human system: a task, which those, who are deeply employed in business and the more active scenes of the profeffion, can hardly condefcend to engage in. And as to the intereft, or (which is the fame) the reputation of the universities themfelves, I may venture to pronounce, that if ever this study fhould 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 worfe opinion of the benefits of academical edu bachelor 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 years after each refpective election; and become void in cafe of grofs mifbehaviour, non-refidence for two years together, marriage, not being called to the bar within the time before limited, (being duly admonished fo to be by the vicechancellor and proctors,) or deserting the profeffion of the law by following any other profeffion: and that in any of these cafes the vice chancellor, with confent of convocation, do declare the place actually void. the profeffurfhip, fellowships, or scholar- 9. THAT in cafe of any vacancy of of a digest. 3 cation. cation. 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 [31] thefe philofophical walls, we intereft a very numerous and very powerful profeffion in the preservation of cur rights and revenues. FOR I think it past dispute that thofe gentlemen, who refort to the inns of court with a view to pursue the profeffion, will find it expedient (whenever it is practicable) to lay the previous foundations of this, as well as every other fcience, in one of our learned univerfities. We may appeal to the experience of every fenfible lawyer, whether any thing can be more hazardous or difcouraging than the usual entrance on the study of the law. A raw and unexperienced youth, in the most dangerous feafon of life, is transplanted on a fudden into the midst of allurements to pleasure, without any restraint or check but what his own prudence can fuggeft; with no public direction in what courfe to pursue his inquiries; no private affiftance to remove the diftreffes and difficulties which will always embarrass a beginner. In this fituation he is expected to fequefter 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 bufinefs. How little therefore is it to be wondered at, that we hear of fo frequent mifcarriages; that fo many gentlemen of bright imaginations grow weary of fo unpromising a fearch', and addict themfelves wholly to amusements, or other lefs innocent pursuits; and that so many persons of moderate capacity confuse themselves at first fetting out, and continue ever dark and puzzled during the remainder of their lives! THE evident want of fome affiftance 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 pernicious confequence. I mean the custom by fome fo [ 32 ] very warmly recommended, of dropping all liberal education, as of no use to students in the law and placing them, in it's ftead, at the desk of some 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 inftances of particular perfons, (men of excellent learning, and unblemished integrity,) who, in fpite of this method of education, have fhone 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 fhortfighted judgment, in it's favour: not confidering that there are fome geniuses, formed to overcome all difadvantages, and that from fuch particular inftances no general rules can be formed; nor obferving, that thofe very perfons have frequently recommended by the moft forcible of all examples, the difpofal of their own offspring, a very different foundation of legal ftudies, a regular academical education. Perhaps too, in return, I could now direct their eyes to our principal feats of justice, and suggest a few hints, in favour of univerfity learning-but in thefe all who hear me, I know have already prevented me. MAKING therefore due allowance for one or two fhining exceptions, experience may teach us to foretell that a lawyer m The four higheft judicial offices were at that time filled by gentlemen, two of whom had been fellows of All Souls college; another, ftudent of Chrift (4) The two firft were, Lord Northington and Lord Chief Juftice Willes; the third, Lord Mansfield; and the fourth, Sir Thomas Clarke, Matter of the Rolls. VOL. I. D thus |