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leisure or refolution fufficient to enter upon a new scheme of study at a new place of inftruction. Wherefore few gentlemen now refort to the inns of court, but fuch for whom the knowlege 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 eftates, or vifited foreign kingdoms, or entered upon public life, without any inftruction in the laws of the land and indeed with hardly any opportunity of gaining inftruction, unless it can be afforded them in thefe feats of learning.

AND that thefe are the proper places, for affording affiftances 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 juft now enumerated, will hold with regard to the universities. Gentlemen may here affociate with gentlemen of their own rank and degree. Nor are their conduct and ftudies left entirely to their own discretion; but regulated by a difcipline fo wife and exact, yet fo liberal, so sensible and manly, that their conformity to it's 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 fervice of their friends and their country. This ftudy will go hand in hand with their other purfuits: it will obftruct none of them; it will ornament and aflift them all.

BUT if, upon the whole, there are any, ftill wedded to monaftic prejudice, that can entertain a doubt how far this study is properly and regularly academical, fuch perfons I am afraid either have not confidered the conftitution and design of an university on cife think very meanly of it. It must be a deplorable narrownefs of mind, that would confine thefe feats of inftruction to the limited views of one or two learned profeffions. To the praife

of

of this age be it spoken, a more open and generous way of thinking begins now univerfally to prevail. The attainment of liberal and genteel accomplishments, though not of the intellectual fort, has been thought by our wifest and most affectionate patrons, and very lately by the whole university, no small improvement of our antient plan of education: and therefore I may safely affirm that nothing (how unusual foever,) is, under due regulations, improper to be taught in this place, which is proper for a gentleman to learn. But that a science, which diftinguishes the critetions of right and wrong; which teaches to establish the one, and prevent, punish, or redress the other; which employs in it's theory the nobleft faculties of the foul, and exerts in it's practice the cardinal virtues of the heart; a science, which is univerfal in it's use and extent, accommodated to each individual, yet comprehending the whole community; that a fcience like this should have ever been deemed unneceffary to be ftudied in an university, is matter of aftonishment and concern. Surely, if it were not before an object of academical knowlege, it was high time to make it one and to those who can doubt the propriety of it's reception among us (if any fuch there be) we may return an answer in their own way; that ethics are confeffedly a branch of academical learning, and Ariftotle himself has faid, fpeaking of the laws of his own country, that jurifprudence or the knowlege of those 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 ftudy of the laws of the land, configned both

c Lord chancellor Clarendon, in his dialogue of education, among his tracts, p. 325. appears to have been very folicitous, that it might be made" a part of the ornament " of our learned academies to teach the "qualities of riding, dancing, and fencing, "at thofe hours when more ferious exer"cifes fhould be intermitted."

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d By accepting in full convocation the remainder of lord Clarendon's hiftory from his noble defcendants, on condition to apply the profits arifing from it's publication to the establishment of a manage in the university.

e Teleia Malista Arete, Oti Tes Teleias Aretes Chrefis Eli. Ethic. ad Nicomach. I. 5. c. 3.

There being no Greek characters at prefent in Philadelphia, we hope the learned reader will accept the Greek in Roman letters.

the plan and execution of thefe his public-fpirited defigns to the wifdom of his parent univerfity. Refolving to dedicate his learned labours" to the benefit of pofterity and the perpetual fervice "of his country'," he was fenfible he could not perform his refolutions in a better and more effectual manner, than by extending to the youth of this place thofe affittances, of which he fo well remembered and fo heartily regretted the want. And the fenfe, which the univerâty has entertained of this ample and most ufeful benefaction, muft appear beyond a doubt from their gratitude in receiving it with all poflible marks of eflecm2; from their alacrity and unexampled difpatch in carrying it into execu tion"; and, above all, from the laws and conflitutions by which they have effectually guarded it from the neglect and abuse to which fuch inftitutions are liable. We have feen an univerfal emulation, who beft fhould underitand, or moft faithfully pur

fue

f See the preface to the eighteenth vo- January following.-The -lume of his abridgiment.

g Mr Viner is enrolled among the public beneficers of the university by decree of convocation.

refidue of dis

fand, ariling from the file of Mr Vincr'a abridgment, will probably be uticient hereatter to found another fellow thip and ic lavihip, or three more fcholafhips, as fb:ll be thought molt expedient.

i The ftatutes are in fubftance as to:

lows:

1. THAT the accounts of this benefic tion he feparately kept, and annually u dited by the delegates of accounts and tetor, and afterwards reported

tion.

2.

proto convoca

h 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 deceafe, by the very diligent and worthy addMirators with the will annexed, (Dr Weft and Dr Good of Magdalene, Dr Whalley of Oriel, Mr Buckler et All Souls, and Mr betts of Unicare was verity college) to whom that Another half Тилт а configned by the university. the laws of a profefforfhip of confering and it- Freland be cft.blithed, with a falary of two year was em»loved in tling a plan of the pepole! Temention, and hundred pounds per annuon; the protofor in framing the fitutes thereon, which to be elecd by convocation, and to be at the time of his election at least a matter of were finally confirmed by 3175 or bachelor of civil law in the univer the 3d of july, 1753. The protetor was elected on the 5th of October following, fity of Oxford, of ten years ftanding from and fo and two scholars on the facceding day. his matriculetion ; And, laftly, it was agreed at the annual law of four years ftanding at the bar. andit in 1761, to dinih a feibwthip; 3. THAT fach protelor (Ly himself, or and a fellow was coolingly elected in by deputy to Le previously approved by convocation)

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sue, the designs of our generous patron; and with pleasure we recollect, that those who are most diflinguifhed by their quality,

their

Convocation) do read one folemn public lecture on the laws of England, and in the English language, in every academical term, at certain ftated 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 approved by convocation) do yearly read one complete courfe of lectures on the laws of England, and in the English language, confifting of fixty lectures at the left; 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 profeffor do give a month's notice of the time when the courfe is to begin, and do read gratis to the fcholars of Mr Viner's foundation; but may demand of other auditors fuch gratuity as fhall 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 thillings to Mr Viner's general fund; the proof of having performed his duty to lie upon the faid profeflor.

4. THAT every profefkr do continue in his office during life, unless in cafe of such misbehaviour as fhall amount to bannition by the university ftatutes; or unless he deforts the profession of the law by betaking himself to another profeffion; or unles, after one admonition by the vice-chancellor and proctors for notorious neglect, he is guilty of another Aagrant omiflion in any of which cafes he be deprived by the vicechancellor, with confent of the house of Convocation.

5. THAT fuch a number of fellowships with a stipend of fifty pounds per annum,

and fcholarships with a ftipend of thirty pounds, be eltabithed, as the convocation fhall from time to time ordain, according to the ftate 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 bachelor of civil law, and a member of fome college or hall in the university of Oxford; the fcholars of this foundation or fuch as have been fcholars (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 univerfity two months in every year, or in cate of non-refidence do forfeit the hiperd 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 tome colleg or hall in the university of Oxford, w hall have been matriculated twenty fore calendar months at the leaf: that he do take the degree of bachelor of civil w with all convenient speed; (either proceeding in arts or otherwife) and previous to his taking the fame, between the second and eighth year from his matriculation, Le bound to attend two couries of the proteffor's lectures, to be certified under the prɔfetfor's hand; and within one year ait: taking the fame to be called to the bar: that he do annually refide 6 months till he is of four years standing, and four month. from that time till he is matter of aris or bachelor of civil law; after which he be bound to slide two months in every year; or, in cate of non-refidence, do forfeit the ftipend of that year to Mr Viner's genciai

fund.

8. THAT the fcholarships do become void in cate of nou-attendance on the prɔfeilor, or not taking the degres of bachelor

of

their fortune, their ftation, 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 thefe 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 should 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 worse opinion of the benefits of academical education. Neither should it be confidered as a matter of light importance, that while we thus extend the pomoeria of univerfity learning, and adopt a new tribe of citizens within these philofophical walls, we intereft a very

of civil law, being duly admonished fo to do by the vice-chancellor and proctors and that both fellowships and fcholarships do expire at the end of ten years after cach refpective election; and become void in cafe or grofs mifoehaviour, 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 vice-chancellor and proctors) or deferting the profeffion of the law by following any other profession. and that in any of thefe cafes the vice-chancellor, with confent of convocation, do declare the place actually void.

9. THAT in cale of any vacancy of the

profefTorship,
fellow Chips,
or scholarships,
the profits of the current year be ratably
divided between the predeceflor or his re-
prefentatives, and the fucceffor; and that a
new election be had within one month af-
terwards, unless by that means the time of
election fhall fall within any vacation, in
which cafe it be deferred to the first week
in the next full term. And that before any
convocation fhall be held for fuch election,
or for any other matter relating to Mr Vi-
ner's benefaction, ten days public notice be
given to each college and hall of the con-
vocation, and the cause of convoking it.
k See lord Bacon's propofals and offer of
a digest,

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