lieving what is customary may be suffered to pass as a formality-that with a conviction of general truths, and of an obedience to reasonable obligations, we may dispense with particular exceptions, with unreasonable, impracticable demands-that all corporations must be bound to some lawsand that innovations are often hazardous, sometimes even dangerous-and, that what was given and sanctioned in the gross, may be so received and tolerated. Add to these considerations, the persuasion, that however many good men might wish a change, (and many have devoutly wished it and no doubt still do) yet as individuals they could not begin it; and that the whole University, without the assistance of the Legislature, could not effect one, that would be essential— that they have authority only to steer the vessel-but that others must freight it, and direct the port, to which it should sail. Let us suppose that arguments, derived from these sources, and from higher, if higher we can conceive, have had their weight on many honest and good minds.

Still let the circumstances of the case be as strong as they may be, the evil remains in all its force. It has, no doubt, perplexed and disturbed many conscientious minds; not merely from a sense, however reasonable and just, of any personal interest; nor from a love of literature, however laudable and honourable; but from a feeling of a purer, higher kind, the love of truth: in the present state of our Charters and Statutes, they consider the practice of a very serious tendency. Believing, that the human conscience is held, as with a golden chain, by the principles of morality and religion; and, that what impairs our natural sentiments and sensibilities tends to dissolve the tie; to leave conscience at large, and without restraint; thus believing, they think that our received practice ensnares, as by a secret trap, our unsuspecting youth; festers and shackles their minds for future exertions and capabilities, as with screws and fetters; and that the evils introduced into society at large are incalculably great. Hence it is, we may presume, without the danger

of a mistake, that several who have passed through the University with credit, choose to come away without honours; that some who have taken a first degree have not allowed themselves to take the second: for a similar reason, a late Chancellor refused, on being appointed to his high office, the customary compliment of a degree of LL. D. On looking into the book of Graduates, it will be found, that many who took the degree of A. B. have never proceeded to that of A. M.; some, no doubt, for very good reasons, and contrary to their wishes, because much against their interest.

It has been lamented by many serious persons, that this subject has hitherto obtained so little attention from our legislators; and that nothing should have been done on their own motion and authority, to remove these obsolete statutes, and introduce others more agreeable to our laws, more congenial with the existing manners of society, and more in harmony with the present state of literature in our Universities: the best apology, the most reasonable pretence, for which (oversight let me call it) they have thought must be, that the inconsistencies and imperfections of such Statutes have been very sparingly examined, and, perhaps, never, in their full extent and magnitude, laid before them*. Otherwise, amidst the several less (though they have not been small) improvements, made even within our memory, this greatest of all could not have escaped their notice; and that academical institutions should have practicable, rational, and good laws, which may influence the consciences of youth, and of intelligent members drawn from all orders in the community, is, in the judgment of such serious persons, of the greatest importance,

* The motion, and most curious debates on that motion, in the British senate, in 1772 and 1773, related only to the subscription to the 39 Articles, in consequence of petitions from various clergymen, (including also dissenting ministers) masters of arts, and doctors of divinity, physic, and law, in both Universities. See, A Chinese Fragment, anonymous, but written by Ely Bates, Esq

Some who have discussed the subject of oaths, have maintained, that according to the strict letter of the New Testament all oaths are unlawful for true Christians; and without now inquiring how far such opinion is well-founded, the practice and doctrines of the primitive Christians seem to favour it. "I am a Christian," appears to have been their only oath, which was at the same time a testimony to their principles, and often the act of signing their own death-warrant†. St. Chrysostom's Homilies are full of Testimonies against oaths; and in one, where he has been speaking against abstinence from food as of less conrequence than abstaining from oaths, to avoid being taken up too short, he explains himself, by speaking (using the words of Christ) against swearing at all‡. And some enlightened and virtuous Heathens have countenanced the same opinion §. But be this as it may, (for these matters shall not be insisted on now) no heathen nation ever had such oaths []

See Barclay's APOLOGY for the Quakers, Prop. xv. Many Christian Societies, both ancient and modern, have not allowed themselves to take oaths. See Robinson's Ecclesiastical Researches.

+ Epist. Circularis de Polycarpi Martyrio, X. It may be said, perhaps, that such-like oaths only relate to swearing by the Genius of Cæsar; and that oaths administered by the lawful authority, with a right end, and with the awful name, may be defended from the New Testament. My argument does not require me to go into the subject, and the reader is referred to the Commentators on the New Testament, Whitby, Hammond, Grotius, &c. who have discussed this subject.

* Το μεν φαγεν ου κεχωλυται, το δε ομοσαι κεχωλυται τη δε εβδομαδι ταυτη το μη δ' όλως ομνύναι κατορθώσαντες. Johannis Chrysostomi Homilia, &c. Ed. Harmari, p. 87.

§ See their testimonies as produced by Barclay as above, Prop. xv.

These oaths, on many accounts, may be called party oaths, and are very different, in my humble opinion, in several respects, from the patriotic oath, taken by the Athenian youth, quoted by Stobæus: Serm. 41, p. 243. Ed. Lugd.: as applied by Bishop Warburton to what are called Test Oaths, I hope I may be allowed to say, I have shewn elsewhere, it was very different. Inquiry into the Nature of Subscription to the 39 Articles, 2nd edit. p. 119; and, I think, it might be proved that the Athenian oath was essentially different from those party oaths required in our Universities. I have said, in the text,

enleagued to such laws, as are now alluded to; neither could they, with any arts of sophistry, have defended them: nor can such oaths, however sanctioned by custom, or fenced by authority, among us, be supported on any strictly rational and moral principles. Were we Were we playing comedy-fancies, indeed, we might go off the stage with the lover's plea

της εν ερωτι

Όρκους μη δύνειν ουατ' ες αθανατων.

But we are acting true parts; and, without defining, or scrutinizing into, the nature, extent, or obligation of our oaths, we are pointing to the Statutes: these should be contemplated as realities, and spoken of with real feelings; as evils, which if the legislature introduced, the legislature should remove; if it did not, it has one more reason for abolishing them, as being illegal, unconstitutional formalities.

It is observed by one of great authority with us*, that

that no heathen nation ever had such,-let me add-so many oaths, as our Christian; and the reader may not dislike to hear the words of the great Erasmus: Revolve priscorum annales; quando comperies tantum fuisse jusjurandi, quantum nunc est inter Christianos? Et ubi plus perjuriorum ? Jurandi finis nullus est: jurat, &c. jurat, &c.jurat, &c. Excute juramenti articulos, et videbis jurisjurandum non minus esse ludicrum, quam est eorum qui suscipiunt professionem septem artium liberalium, aut juris, aut theologiæ at lingua dirumpit hæc omnia vincula :-and much more in the same serious and pungent style. Vid. Des. Erasmi, LINGUA, sive de Linguæ Usu, atque Abusu.

*The whole passage reads thus-" Rursus in moribus et institutis Scholarum, Academiarum, Collegiorum, et similium Conventuum, quæ doctorum hominum sedibus, et eruditionis culturæ destinata sunt, omnia progressui Scuntiarum adversa inveniuntur. Baconi Novum Organon, xc. Agreeably to this, he says, elsewhere, and wisely, addressing James I.Etenim inter Majestatis tuæ Canones prudentissimos, illum invenio, "In omni consuetudine vel exemplo, Tempora spectanda sunt, quando primum res cæptæ: in quibus si vel confusio regnaverit, vel inscientia, derogat illud imprimis authoritati rerum, atque omnia reddit suspecta : Quamobrem, quandoquidem Academiarum Instituta a temporibus hisce haud paulo indoctiori

every thing in our academical institutions is found adverse to the progress of the sciences;" an observation we may say, made many years ago-Granted. But were there not a tendency in the human understanding to burst all unnatural restraints, as in the human body, to throw off the effects of repletion, this would appear, even still, most emphatically true. But our oaths, and our statutes, those ancient bar riers to inquiry, are, happily for literature, soon, and without remorse, easily left behind. The mind, when in earnest pursuit of truth, must proceed unshackled, and will defy our boundaries. When Reason asserts its preroga tives, Nature will take its course, in the same manner as water will find its level,—and as á due proportion of heat and cold creates a necessary poize or equilibrium in the atmosphere. Compare our schools, our lectures, our professorships, with the public exercises enjoined on them by our statutes: how is every thing at variance! The places that knew many of them, know them no more for ever! Conscience has no feelings about them; nor is there even left to her room for the discharge of her duties. For suchlike matters the time, in many respects, is past, and will not turn back, because our statutes stand still. Science knows no law but eternal truth; the mind no limits but its own capability. There is reason to believe, that the cause of virtue has been more affected by these statutes, than the cause of science.

But what statutes could do, they have done. They might, and in some respects have, retarded the course of science; they did prescribe the books to be read, and the

bus, eo magis convenit, ut examini denuo subjiciantur. De Augmentis Scientiarum, Lib. ii.-Do not these words apply equally to our times as to Lord Bacon's?

*What was the reason that the University of Oxford suppressed and degraded the Essay on the Human Understanding, by Locke, one of her own sons?—(he was of Christ Church)-It was contrary to the Philosophical