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THE JUDGE THAT SMITES CONTRARY TO THE LAW.

A SERMON

PREACHED IN

The Cathedral Church of Saint Peter, York,

BEFORE

THE HON. SIR JOHN BAYLEY, KNT.,

AND

THE HON. SIR GEORGE SOWLEY HOLROYD, KNT.,

JUSTICES OF THE COURT OF KING'S BENCH,

MARCH 28. 1824.

SERMON,

&c.

ACTS, XXIII. 3.

SITTEST THOU HERE TO JUDGE ME AFTER THE LAW, AND COMMANDEST THOU ME TO BE SMITTEN, CONTRARY TO THE LAW?

WITH these bold words St. Paul repressed the unjust violence of that ruler, who would have silenced his arguments, and extinguished his zeal for the Christain faith: knowing well the misfortunes which awaited him, prepared for deep and various calamity, not ignorant of the violence of the Jewish multitude, not unused to suffer, not unwilling to die, he had not prepared himself for the monstrous spectacle of perverted Justice; but losing that spirit to whose fire and firmness we owe the very existence of the Christian faith, he burst into that bold rebuke which brought back the extravagance of power under the control of law, and branded it with the feelings of shame: "Sittest thou here to judge me after the law, and commandest thou me to be smitten, contrary to the law ?"

I would observe that in the Gospels, and the various parts of the New Testament, the words of our Saviour and of St. Paul, when they contain any opinion, are always to be looked upon as lessons of wisdom to us, however incidentally they may have been delivered, and however shortly they may have been expressed. As their words were to be recorded by inspired writers, and to go down to future ages, nothing can have been said without reflection and design. Nothing is to be lost, every thing is to be studied: a great moral lesson is often conveyed in a few words. Read slowly, think deeply, let every word

I take these words of St. Paul as a condemnation of that man who smites contrary to the law; as a praise of that man who judges according to the law; as a religious theme upon the importance of human Justice to the happiness of mankind: and if it be that theme, it is appropriate to this place, and to the solemn public duties of the past and the ensuing week, over which some here present will preside, at which many here present will assist, and which almost all here present will witness.

I will discuss, then, the importance of judging according to the law, or, in other words, of the due administration of Justice upon the character and happiness of nations. And in so doing, I will begin with stating a few of those circumstances which may mislead even good and conscientious men, and subject them to the unchristian sin of smiting contrary to the law. I will state how that Justice is purified and perfected, by which the happiness and character of nations is affected to a good purpose.

I do this with less fear of being misunderstood, because I am speaking before two great magistrates, who have lived much among us; and whom—because they have lived much among us—we have all learned to respect and regard, and to whom no man fears to consider himself as accountable, because all men see that they, in the administration of their high office, consider themselves as deeply and daily accountable to God.

And let no man say, "Why teach such things? Do you think they must not have occurred to those to whom they are a concern ?" I answer to this, that no man preaches novelties and discoveries; the object of preaching is, constantly to remind mankind of what mankind are constantly forgetting; not to supply the defects of human intelligence, but to fortify the feebleness of human resolutions, to recall mankind from the by-paths where they turn, into that broad path of salvation which all know, but few tread. These plain lessons the humblest ministers of the Gospel may teach, if they are honest, and the most powerful Christians will ponder,

if they are wise. No man, whether he bear the sword of the law, or whether he bear that sceptre which the sword of the law cannot reach, can answer for his own heart to-morrow, and can say to the teacher," Thou warnest me, thou teachest me, in vain."

A Christian Judge, in a free land, should, with the most scrupulous exactness, guard himself from the influence of those party feelings, upon which, perhaps, the preservation of political liberty depends, but by which the better reason of individuals is often blinded and the tranquillity of the public disturbed. I am not talking of the ostentatious display of such feelings; I am hardly talking of any gratification of which the individual himself is conscious, but I am raising up a wise and useful jealousy of the encroachment of those feelings, which, when they do encroach, lessen the value of the most valuable, and lower the importance of the most important, men in the country. I admit it to be extremely difficult to live amidst the agitations, contests, and discussions of a free people, and to remain in that state of cool, passionless Christian candour, which society expect from their great magistrates; but it is the pledge that magistrate has given, it is the life he has taken up, it is the class of qualities which he has promised us, and for which he has rendered himself responsible: it is the same fault in him which want of courage would be in some men, and want of moral regularity in others. It runs counter to those very purposes, and sins against those utilities for which the very office was created: without these qualities, he who ought to be cool, is heated; he who ought to be neutral, is partial: the ermine of Justice is spotted; the balance of justice is unpoised; the fillet of Justice is torn off: and he who sits to judge after the law, smites contrary to the law.

And if the preservation of calmness amidst the strong feelings by which a Judge is surrounded be difficult, is it not also honourable? and would it be honourable if it were not difficult? Why do men quit their homes, and give up their common occupations, and repair to