now almost totally filled by the inferior branch of the profeffion, are neither commodious nor proper for the resort of gentlemen of any rank or figure; fo that there are very rarely (3) any young ftudents entered at the inns of chancery: fecondly, because in the inns of court all forts of regimen and academical fuperintendence, either with regard to morals or studies, are found impracticable, and therefore entirely neglected lastly, because perfons of birth and fortune, after having finished their usual courses at the universities, have feldom leisure or refolution fufficient to enter upon a new [ 26 ] fcheme of study at a new place of inftruction. Wherefore few gentlemen now refort to the inns of court, but fuch for whom the knowledge of practice is abfolutely neceffary; fuch, I mean, as are intended for the profeffion: the reft of our gentry (not to fay our nobility alfo) having ufually retired to their estates, or visited foreign kingdoms, or entered upon public life, without any inftruction 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 affiftances of this kind to gentlemen of all stations and degrees, cannot (I think) with any colour of reafon be denied. For not one of the objections which are made to the inns of

(3) The inns of court are, the Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn, from which focieties alone ftudents are called to the bar. The inns of chancery are, Clifford's Inn, Clement's Inn, Lion's Inn, New Inn, Furnival's Inn, Thavies's Inn, Staple's Inn, and Barnard's Inn. These are subordinate to the inns of court; the three first belong to the Inner Temple, the fourth to the Middle Temple, the two next to Lincoln's Inn, and the two laft to Gray's Inn. (Dug. Orig. Jurid. 320. & paffim.) Gentlemen are never entered at present in the inns of chancery with an intention of being called to the bar, for admiffion there would now be of no avail with regard to the time and attendance required by the inns of court.

court

court and chancery, and which I have just now enumerated, will hold with regard to the univerfities. Gentlemen may here affociate with gentlemen of their own rank and degree. Nor are their conduct and studies left entirely to their own difcretion; but regulated by a difcipline fo wife and exact, yet so liberal, so fenfible, and manly, that their conformity to its rules (which does at prefent fo 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 affift them all.

BUT if, upon the whole, there are any still wedded to monaftic 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 defign of an university, or else think very meanly of it. It mult be a deplorable narrownefs of mind, that would confine these feats. of inftruction to the limited views of one or two learned profeffions. To the praise of this age be it spoken, a more [27] open and generous way of thinking begins now universally to prevail. The attainment of liberal and genteel accomplishments, though not of the intellectual fort, has been thought by our wisest and most affectionate patrons, and very lately by the whole university, no fmall improvement of our ancient plan of education; and therefore I may safely

e Lord chancellor Clarendon, in his dialogue of education, among his tracts, p. 325 appears to have been very foli citous, that it might be made "a part "of the ornament of our learned aca "demies to teach the qualities of "riding, dancing, and fencing, at thofe "hours when more ferious exercifes “should be intermitted.”

d By accepting in full convocation the reminder of Lord Clare.idon's history from his noble defcendants, on condition to apply the profits arifing from its publication to the establishment of a manage in the university.

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 fcience, which diftinguishes 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 foul, and exerts in its practice the cardinal virtues of the heart; a science, which is univerfal 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 of the propriety of its reception among us, (if any such there be,) we may return an answer in their own way, that ethics are confeffedly a branch of academical learning; and Aristotle himself has faid, speaking of the laws of his own country, that jurifprudence, or the knowledge of thofe laws, is the principal and most perfect branch of ethics.

FROM a thorough conviction of this truth, our munificent benefactor, Mr. VINER, having employed above half a century in amaffing materials for new modelling and rendering more commodious the rude study of the laws of the land, configned both the plan and execution of these his public-spirited [ 28 ] defigns to the wisdom of his parent univerfity. Refolving to dedicate his learned labours" to the benefit of pofterity and "the perpetual service of his countryf," he was fenfible he could not perform his resolution 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 sense which the univerfity has entertained of this ample and most useful bene

e

Τέλεια μαλιςα αρετή, ότι της τε λείας αρετης χρήσις εσ Ethic. ad

Nicemach.l.5. C. 3.

f See the preface to the eighteenth volume of his abridgment.

faction,

faction, muft appear, beyond a doubt, from their gratitude in receiving it with all poffible marks of esteems; from their alacrity and unexampled dispatch in carrying it into execution; and, above all, from the laws and constitutions by which they have effectually guarded it from the neglect and abuse to which fuch inftitutions are liable '. We have

Mr. Viner is enrolled among the public benefactors of the univerfity by decree of convocation.

2. THAT a profefforfhip of the laws of England be established, with a falary of two hundred pounds per annum; the profeffor to be elected by convocation, and to be at the time of his election at leaft a mafter of arts or bachelor of civil law in the university of Oxford, of ten years flanding from his matriculation; and alfo a barrister at law of four years standing at the bar.

h Mr.Viner died June 5, 1756. His effects were collected and fettled, near a volume of his work printed, almoft the whole difpofed of, and the accounts made up, in a year and a half from his decease, by the very diligent and worthy adminiftrators 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 settling a plan of the proposed inftitution, and in framing the ftatutes thereupon, which were finally confirmed by convocation on the 3d of July 1758. The profeffor was elected on the 20th of October following, and two scholars on the fueceeding 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 refidue of this fund, arifing from the fale of Mr. Viner's abridgment, will probably be sufficient hereafter to found another fellowship and fcholarship, or three more scholarships, as fhall be thought moft expedient. iTHE ftatutes are in fubftance as profeffor do give a month's notice of

follows.

1. THAT the accounts of this benefaction be feparately kept, and annually audited by the delegates of accounts and profeffor, and afterwards reported

to convocation.

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. Viner's general fund; and alfo (by himfelf, or by deputy to be approved, if occafional, by the vice-chancellor and proctors; or, if permanent, both the caufe and the deputy to be annually ap proved by convocation) do yearly read one coinplete courfe of lectures on the laws of England, and in the English language, confifting of sixty lectures at the leaft; to be read during the university term time, with fuch proper intervals that not more than four lectures may fall within any fingle week: that the

the time when the courfe is to begin, and to 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

feen an univerfal emulation, who beft fhould understand, or most faithfully pursue, the designs of our generous patron : [ 29 ]