The universi

of court.

opportunity of gaining instruction, unless it can be afforded them in these seats of learning (16).

And that these are the proper places, for affording ties not open to assistances of this kind to gentlemen of all stations and the objections against the inns 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.

the common

law properly academical.

The study of 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

(16) It is less easy to determine what is true learning than to say what is not; but it is quite plain, that a knowledge of the law must ever be useful. The commentator has sufficiently indicated his own opinion of the value of monastic prejudices. But new beacons of learning are about to blaze. That they may be bright, and lasting and useful, is the fervent wish of at least

one native of this most august city.

But the speculation is probably one of the most hazardous of these all-hazarding times. By adopting the word 'speculation," I desire not to be misunderstood. Such institutions must, once, have been stark speculations. From them, a half barbarous people were to derive "the blessings of religion, as well as the benefits of knowledge," and they succeeded.

ence of law em

braces.

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 [*27 ] begins now universally to 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 What the scicriterions 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 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 Aris- The most pertotle himself has said, speaking of the laws of his own ethics. country, that jurisprudence, or the knowledge of those laws, is the principal and most perfect branch of ethics (e).

(c) 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."

(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 its publication to the establishment of a manage in the university.

(ε) Τέλεια μαλιςααρετη, ότι της τελείας αρετης χρησις εςιν Ethic. ad. Nicomach. l. 5. c. 3.

fect branch of

Mr. Viner's dedication of his labours.

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, [*28] consigned *both the plan and execution of these his publicspirited 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 so heartily regretted the want. And university, how 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

The sense of the

manifested.

(f) See the Preface to the 18th framing the statutes thereupon, which volume of his abridgment.

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

(h) 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. Whalley, 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

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 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

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, [*30 ] or their experience, have appeared the most zealous to promote the success of Mr. Viner's establishment.

The advantages that might result to the science of the

and professor, and afterwards reported gratis to the scholars of Mr. Viner's to convocation.

law itself, when a little more attended to in these seats of knowledge, perhaps, would be very considerable. 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,