in which we live, is the proper accomplishment of every [6] gentleman and scholar; an highly useful, I had almoft faid effential, part of liberal and polite education. And in this I am warranted by the example of ancient Rome, where, as Cicero informs us, the very boys were obliged to learn the twelve tables by heart, as a carmen neceffarium or indif penfable leffon, to imprint on their tender minds an early knowledge of the laws and conftitution of their country. a BUT as the long and universal neglect of this study, with us in England, feems in fome degree to call in queftion the truth of this evident pofition, it fhall therefore be the bufi nefs of this introductory difcourfe, in the first place to demonstrate the utility of fome general acquaintance with the municipal law of the land, by pointing out its particular * ufes in all confiderable fituations of life. Some conjectures will then be offered with regard to the caufes of neglecting this useful study: to which will be fubjoined a few reflections on the peculiar propriety of reviving it in our own univerfities. AND, first, to demonftrate the utility of fome acquaint ance with the laws of the land, let us only reflect a moment on the fingular frame and polity of that land, which is governed by this fyftem of laws. A land, perhaps, the only one in the universe, in which political or civil liberty is the very end and scope of the conftitution". This liberty, rightly, understood, confists in the power (1) of doing whatever the laws permit; which is only to be effected by a general conformity of all orders and degrees to thofe equitable rules of action, * De Legg. 2. 23. Montefq. Efp. L. l. 11. c. 5. Facultas ejus, quod cuique facere libet, nifi quid vi, aut jure prohibetur. Inf, 1. 3. I. (1) See the Editor's reafons for his difapprobation of this definition of liberty in the note to p. 126. by which the meaneft individual is protected from the infults and oppreffion of the greateft. As therefore every subject is interested in the preservation of the laws, it is incumbent upon every man to be acquainted with thofe at least, with which he is immediately concerned; left he incur the cenfure, as well as inconvenience, of living in fociety without knowing the obligations which it lays him under. And thus much may fuffice for perfons of inferior condition, who have [7] neither time nor capacity to enlarge their views beyond that contracted sphere in which they are appointed to move. But thofe, on whom nature and fortune have bestowed more abilities and greater leifure, cannot be fo eafily excufed. These advantages are given them, not for the benefit of themfelves only, but also of the public and yet they cannot, in any scene of life, discharge properly their duty either to the public or themselves, without fome degree of knowledge in the laws. To evince this the more clearly, it may not be amifs to defcend to a few particulars. LET us therefore begin with our gentlemen of independent eftates and fortune, the most useful as well as confiderable body of men in the nation; whom even to fuppofe ignorant in this branch of learning is treated by Mr. Locke', as a ftrange abfurdity. It is their landed property, with its long and voluminous train of defcents and conveyances, fettlements, entails, and incumbrances, that forms the most intricate and moft extenfive object of legal knowledge. The thorough comprehenfion of thefe, in all their minute diftinctions, is perhaps too laborious a tafk for any but a lawyer by profeffion yet ftill the understanding of a few leading principles, relating to eftates and conveyancing, may form fome check and guard upon a gentleman's inferior agents, and preferve him at least from very grofs and notorious impofition. AGAIN, the policy of all laws has made fome forms necef. fary in the wording of laft wills and teftaments, and more with regard to their atteftation. An ignorance in these must always be of dangerous confequence, to fuch as by choice or neceffity compile their own teftaments without any technical affiftance. Those who have attended the courts of justice are the best witneffes of the confufion and diftreffes that are hereby occafioned in families; and of the difficulties that arife in difcerning the true meaning of the teftator, or sometimes in difcovering any meaning at all: fo that in the end his estate [8] may often be vested quite contrary to these his enigmatical intentions, because perhaps he has omitted one or two formal words, which are neceffary to afcertain the fense with indifputable legal precifion, or has executed his will in the prefence of fewer witnefies than the law requires. BUT to proceed from private concerns to thofe of a more public confideration. All gentlemen of fortune are, in confequence of their property, liable to be called upon to establifh the rights, to estimate the injuries, to weigh the accufations, and fometimes to difpofe of the lives of their fellowfubjects, by ferving upon juries. In this fituation they have frequently a right to decide, and that upon their oaths, queftions of nice importance, in the solution of which fome legal fkill is requifite; especially where the law and the fact, as it often happens, are intimately blended together. And the general incapacity, even of our beft juries, to do this with any tolerable propriety, has greatly debased their authority; and has unavoidably thrown more power into the hands of the judges, to direct, control, and even reverse their verdicts, than perhaps the conftitution intended. BUT it is not as a juror only that the English gentleman is called upon to determine queftions of right, and diftribute juftice to his fellow-fubjects: it is principally with this order of men that the commiffion of the peace is filled. And here a very ample field is open for a gentleman to exert his talents, by maintaining good order in his neighbourhood; by punishing the diffolute and idle; by protecting the peaceable and industrious; and, above all, by healing petty differences, and preventing vexatious profecutions. But, in order to attain these defirable ends, it is neceffary that the magistrate should understand his bufinefs; and have not only the will, but the power alfo, (under which must be included the knowledge,) of adminiftering legal and effectual justice. Elfe, when he has mistaken his authority, through passion, through ignorance, or abfurdity, he will be the object of contempt [9] from his inferiors, and of cenfure from thofe to whom he is accountable for his conduct. YET farther; most gentlemen of confiderable property, at fome period or other in their lives, are ambitious of reprefenting their country in parliament; and thofe, who are ambitious of receiving fo high a truft, would alfo do well to remember its nature and importance. They are not thus honourably distinguished from the rest of their fellow-fubjects, merely that they may privilege their perfons, their eftates, or their domeftics; that they may lift under party banners; may grant or withhold fupplies; may vote with or vote against. a popular or unpopular adminiftration; but upon confiderations far more interefting and important. They are the guardians of the English constitution; the makers, repealers, and interpreters of the English laws; delegated to watch, to check, and to avert every dangerous innovation, to propofe, to adopt, and to cherifh any folid and well-weighed improvement; bound by every tie of nature, of honour, and of religion, to tranfmit that conftitution and thofe laws to their pofterity, amended if possible, at least without any derogation. And how unbecoming mult it appear in a member of the legislature to vote for a new law, who is utterly ignorant of the old what kind of interpretation can he be enabled to give, who is a stranger to the text upon which he comments! INDEED it is perfectly amazing that there fhould be no other state of life, no other occupation, art, or science, in which fome method of inftruction is not looked upon as requifite, except only the science of legislation, the nobleft and most difficult of any. Apprenticeships are held necessary to almost every art, commercial or mechanical: a long courfe of reading and study must form the divine, the physician, and the practical profeffor of the laws: but every man of fuperior fortune thinks himself born a legiflator. Yet Tully [10] was of a different opinion; " It is neceffary, (fays he *) for a "fenator to be thoroughly acquainted with the conftitu. "tion; and this (he declares) is a knowledge of the most ❝ extensive nature; a matter of fcience, of diligence, of "reflection; without which no fenator can poffibly be fit " for his office." The mischiefs that have arifen to the public from inconfiderate alterations in our laws, are too obvious to be called in question; and how far they have been owing to the defective education of our senators, is a point well worthy the public attention. The common law of England has fared like other venerable edifices of antiquity, which rash and unexperienced workmen have ventured to new drefs and refine, with all the rage of modern improvement. Hence frequently its fymmetry has been destroyed, its proportions distorted, and its majestic fimplicity changed for fpecious embellishments and fantastic novelties. For, to say the truth, almost all the perplexed questions, almoft all the niceties, intricacies, and delays, (which have sometimes difgraced the Englifh, as well as other courts of justice,) owe their original not to the common law itself, but to innovations that have been made in it by acts of parliament; "overladen (as Sir "Edward Coke exprefies it) with provifoes and additions, "and many times on a sudden penned or corrected by men De Legg. 3. 18. Eft fenatori neceffarium noffe rempublicam; idque late patet genus hoc omne fcientiae, diligentiae memoriae eft ; fine quo paratus effe senater nullo pacto poteft. f 2 Rep. pref. 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