[*26

beth, Sir Edward Coke(b) does not reckon above a thousand students, and the number at present is very considerably less. Which seems principally owing to these reasons: first, because the inns of chancery, being now almost totally filled by the inferior branch of the profession, are neither commodious nor proper for the resort of gentlemen of any rank or figure; so that there are very rarely any young students entered at the inns of chancery: secondly, because in the inns of court all sorts of regimen and academical superintendence, either with regard to morals or studies, are found impracticable, and therefore entirely neglected: lastly, because persons of birth and fortune, after having finished their usual courses at the universities, have *seldom leisure or resolution sufficient to enter upon a new scheme of study at a new place of instruction. Wherefore few gentlemen now resort to the inns of court, but such for whom the knowledge of practice is absolutely necessary; such, I mean, as are intended for the profession: the rest of our gentry (not to say our nobility also) having usually retired to their estates, or visited foreign kingdoms, or entered upon public life, without any instruction in the laws of the land, and indeed with hardly any opportunity of gaining instruction, unless it can be afforded them in these seats of learning. And that these are the proper places, for affording assistances of this kind to gentlemen of all stations and degrees, cannot (I think) with any colour of reason be denied. For not one of the objections, which are made to the inns of court and chancery, and which I have just now enumerated, will hold with regard to the universities. Gentlemen may here associate with gentlemen of their own rank and degree. Nor are their conduct and studies left entirely to their own discretion; but regulated by a discipline so wise and exact, yet so liberal, so sensible, and manly, that their conformity to its rules (which does at present so much honour to our youth) is not more the effect of constraint than of their own inclinations and choice. Neither need they apprehend too long an avocation hereby from their private concerns and amusements, or (what is a more noble object) the service of their friends and their country. This study will go hand in hand with their other pursuits: it will obstruct none of them; it will ornament and assist them all.

But if, upon the whole, there are any still wedded to monastic prejudice, that can entertain a doubt how far this study is properly and regularly academical, such persons I am afraid either have not considered the constitution and design of an university, or else think very meanly of it. It must be a deplorable narrowness of mind, that would confine these seats of instruction to the limited views of one or two learned professions. To the praise of this age be it spoken, a more open *and generous way of thinking begins now universally to [*27 prevail. The attainment of liberal and genteel accomplishments, though not of the intellectual sort, has been thought by our wisest and most affectionate patrons, (c) and very lately by the whole university, (d) no small improvement of our ancient plan of education: and therefore I may safely 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 distinguishes the criterions of right and wrong; which teaches to establish the one, and prevent, punish, or redress the other; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart; a science, which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community; that a science like this should ever have been deemed unnecessary to be studied in an university, is matter of astonishment and concern. Surely, if it were not before an object

8 Rep. pref.

Lord Chancellor Clarendon, in his dialogue of education, among his tracts, p. 325, appears to have been very solicitous, that it might be made "a part of the ornament of our learned academies, to teach the qualities of riding,

dancing, and fencing, at those hours when more serious exercises should be intermitted."

(4) By accepting in full convocation the remainder of Lord Clarendon's history from his noble descendants, on condition to apply the profits arising from its publication to the establishment of a manege in the university.

This brief eulogium upon the science of the laws has been the subject of deserved admiration. We may add to it the following, which have been equally celebrated :"Of law there can be no less acknowledged than that her seat is the bosom of God.

of academical knowledge, it was high time to make it one: and to those who can doubt 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 prin cipal and most perfect branch of ethics.(e)

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, con *28] signed 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 posterity and the perpetual service of his country," (f) 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 s 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;(g) from their alacrity and unexampled dispatch in carrying it into execution;(h) and, 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.(i) We have seen an universal emulation who best should understand, or most faithfully pursue, the designs of our generous patron: and *30] with pleasure we recollect, that those who are most distinguished *by their quality, their fortune, their station, their learning, or their expe rience, have appeared the most zealous to promote the success of Mr. Viner's establishment.

(ε) Τέλεια μαλιστα αρετη, ότι της τελείας αρετης χρήσις εστι. Ethic. ad Nicomach. l. 5, c. 3.

(f) See the Preface to the 18th volume of his abridg ment.

() Mr. Viner is enrolled among the public benefactors of die university by decree of convocation.

(*) 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 administrators, with the will annexed, (Dr. West and Dr. Good, of Magdalene; Dr. Whaley, of Oriel; Mr. Buckler, of All Souls; and Mr. Betts, of University 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 October following, and two scholars on the succeeding day. And, lastly, it was 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 esta

blished, 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 b 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 ap proved, if occasional, by the vice-chancellor and proctors; or, if permanent, both the cause and the deputy to be an nually 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. That every professor do continue in his office during

her voice the harmony of the world. All things in heaven and earth do her homage,the very least as feeling her care, the greatest as not exempted from her power: both angels and men and creatures, of what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy."-Hooker's Eccl. Pol.

"I might instance in other professions the obligation men lie under of applying to certain parts of history; and I can hardly forbear doing it in that of the law,-in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most pernicious. A lawyer now is nothing more, (I speak of ninety-nine in a hundred at least,) to use some of Tully's words, 'Nisi leguleius quidam cautus, et acutus præco actionum, cantor formularum, auceps syllabarum.' But there have been lawyers that were orators, philosophers, historians. There have been Bacons and Clarendons. There will be none uch any more till, in some better age, true ambition or the love of fame prevails over

The advantages that might result to the science of the law itself, when a little more attended to in these seats of knowledge, perhaps, would be very consider able. The leisure and abilities of the learned in these retirements might either suggest expedients, or execute those dictated by wiser heads,(k) for improving its method, retrenching its 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

life, unless in case of such misbehaviour as shall amount to banuition 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 vicechancellor and proctors for notorious neglect, he is guilty of another flagrant omission; in any of which cases he be deprived by the vice-chancellor, with consent of the house f convocation.

5. That such a number of fellowships, with a stipend of Afty 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 a 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 nonresidence, do forfeit the stipend 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 some college cr 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 be called to the bar; that he do annually reside six 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-resi dence, do forfeit the stipend of that year to Mr. Viner's general fund.

8. That the scholarships do become void in case of nonattendance on the professor, or not taking the degree of 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 respective election; and become void in case of gross misbehaviour, non-residence for two years together, mar riage, not being called to the bar within the time before limited, (being duly admonished so to be by the vicechancellor 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 consent 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 representa tives, 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'■ benefaction, ten days' public notice be given to each college and hall of the convocation, and the cause of convoking it (*) See Lord Bacon's proposals and offer of a digest.

avarice, and till men find leisure and encouragement to prepare themselves for the exercise of this profession by climbing up to the vantage-ground-so my Lord Bacon calls it of science, instead of grovelling all their lives below in a mean but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions; and, whenever it hap pens, one of the vantage-grounds to which men must climb is metaphysical, and the other historical, knowledge. They must pry into the secret recesses of the human heart and become well acquainted with the whole moral world, that they may discover the abstract reason of all laws; and they must trace the laws of particular states-especially of their own-from the first rough sketches to the more perfect draughts,-from the first causes of occa sions that produced them, through all the effects, good and bad, that they produced.”BOLINGBROKE: Study of History.

"Law," said Dr. Johnson, "is the science in which the greatest powers of the understanding are applied to the greatest number of facts." "And no one," said Sir James Mackintosh, "who is acquainted with the variety and multiplicity of the subjects of jurisprudence, and with the prodigious powers of discrimination employed upon them, can doubt the truth of this observation."

"The science of jurisprudence is the pride of the human intellect, which, with all its defects, redundancies, and errors, is the collected reason of ages, combining the principles of original justice with the infinite variety of human concerns. One of the first and noblest of human sciences,-a science which does more to quicken and invigorate the human understanding than all other kinds of human learning put together; but it is not apt, except in persons very happily born, to open and liberalize the mind exactly in the same proportion."-EDMUND BURKE.

"There is not, in my opinion, in the whole compass of human affairs so noble a spec tacle as that which is displayed in the progress of jurisprudence; where we may contem plate the cautious and unwearied exertions of wise men through a long course of ages, withdrawing every case, as it arises, from the dangerous power of discretion and subject ing it to inflexible rules, extending the dominion of justice and reason, and gradually contracting within the narrowest possible limits the domain of brutal force and arbitrary will." (SIR JAMES MACKINTOSH.)-SHARSWOOD.

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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 Derfection, 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 pomaria *31] of university learning, and adopt a new tribe of citizens within these philosophical walls, we interest a very *numerous and very powerful pro fession in the preservation of our rights and revenues.10

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 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

10 Hitherto, however, the study of the law at the English universities has not been cultivated with much success, even where facilities have been afforded to it. In 1758 a professorship of law was founded under the will of Mr. Viner, and Blackstone was the first Vinerian professor. The professorship, although commenced under such brilliant auspices, has, according to Mr. Christian, long sunk into the inglorious duty of receiving the stipend. But the report of the Oxford University commission gives strong reason for expecting, not only an active revival of the duties of that learned professor, but also the establishment of a law school in the University, on the very principles contended for by Blackstone. From the Downing professorship of law at Cambridge, founded in 1800, results equally beneficial may be expected. In the latter university, also, the civil law classes (in which English and international law also find place) have for some years past been working with good results. The evidence taken by the university commissioners is much in favour of the present system; but they recommend a complete fusion of the studies of English civil and international law with a board of legal studies. "The faculty of law," they say, "should embrace an examination of the principles upon which existing systems of laws are founded, and investigations of the principles on which all laws ought to be founded." And they are of opinion that the foundation of professional education should be laid at the university. Within the last few years some additional facilities for this study have been afforded in the metropolis. Two professorships of law have been established,-the one at King's College, the other at the London University, where courses of lectures on various branches of the law are delivered. Law lectures are also regularly given at the Incorporated Law Society.

It has long been much regretted that no part of the resources of the Inns of Court should be devoted to the endowment of lectureships on the various branches of the law, and to a general scheme of legal education. It is to the honour of the present rulers of these institutions that they have at length, and after much deliberation, taken steps to wipe off this stain on the character of the Inns of Court as seminaries of legal learning. A scheme, which, if not so comprehensive as the subject would admit, is an admirable commencement, has been adopted by the Inns of Court, whereby readerships have been established on-1. Constitutional law and legal history; 2. Jurisprudence and the civil law; 3. The law of real property; 4. The common law; and 5. Equity. A year's attendance at the lectures of the readers is now compulsory on all candidates for the bar who had not, by the first day of Trinity Term, 1852, kept twelve terms. Examinations are held on the subjects lectured upon, and studentships and certificates of merit are con ferred. It is to be maturely considered, however, whether these examinations should not be made compulsory before any law degree is conferred.—STEWART.

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, [*32 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, 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 return, I could now direct their eyes to our principal seats of justice, and suggest a few lines in favour of university learning:(m) but in these, all who hear me, I know, have already prevented me.

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 solicitors,(n) will find he has begun at the wrong end. If prac tice be the whole he is taught, practice must also be the whole he will ever know: if he be not instructed 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 scripta est(o) is the utmost his knowledge will arrive at; he must never aspire to form, and seldom expect to comprehend, any arguments drawn, a priori, from the spirit of the laws and the natural foundations of justice.

*Nor is this all; for (as few persons of birth or fortune, or even of scholastic education, will submit to the drudgery of servitude, and the [*33 manual labour of copying the trash of an office,) should this infatuation prevail to any considerable 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 disposal of our properties, liberties, and lives) fall wholly into the hands of obscure 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

Sir Henry Spelman, in the preface to his glossary, has given us a very lively picture of his own distress upon this occasion: "Emisit me mater Londinum, juris nostri capessendi gratia; cujus cum vestibulum salutassem, reperissemque linguam peregrinam, dialectum barbarum, methodum inconcinnam, molem non ingentem solum sed perpetuis humeris sustinendam, excidit mihi (fateor) animus, &c."

(m) The four highest judicial offices were at that time filled by gentlemen, two of whom had been fellows of All Souls College; another, student of Christ Church; and the fourth, a fellow of Trinity College, Cambridge. (n) See Kennet's Life of Somner, p. 67. (0) Ff. 40, 9, 12.

"Lord Northington and Lord Chief-Justice Willes, of All Souls College, Lord Mansfield, of Christ Church, and Sir Thomas Sewall, Master of the Rolls, of Trinity College, Cambridge, then occupied the highest judicial offices.—SHARswood.