Imatges de pàgina
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very dangerous experiment with his happiness, who means to preserve his general character, and indulge in one act of baseness. Such a man is not made to endure scorn and self-reproach; it is far from being certain that he will be satisfied with that unscriptural bargain in which he has gained the honours of the world, and lost the purity of his soul.

It is impossible in the profession of the law but that many opportunities must occur for the exertion of charity and benevolence. I do not mean the charity of money, but the charity of time, labour and attention; the protection of those whose resources are feeble, and the information of those whose knowledge is small. In the hands of bad men, the law is sometimes an artifice to mislead, and sometimes an engine to oppress. In your hands it may be, from time to time, a buckler to shield, and a sanctuary to save; you may lift up oppressed humility, listen patiently to the injuries of the wretched, vindicate their just claims, maintain their fair rights, and show, that in the hurry of business and the struggles of ambition, you have not forgotten the duties of a Christian, and the feelings of a man. It is in your power, above all other Christians, to combine the wisdom of the serpent with the innocence of the dove, and to fulfil, with greater acuteness and more perfect effect than other men can pretend to, the love, the lessons and the law of Christ.

I should caution the younger part of this profession (who are commonly selected for it on account of their superior talents,) to cultivate a little more diffidence of their own powers, and a little less contempt for received opinions, than is commonly exhibited at the beginning of their career; mistrust of this nature teaches moderation in the formation of opinions, and prevents the painful necessity of inconsistency and recantation in future life. It is not possible that the ablest young men, at the beginning of their intellectual existence, can anticipate all those reasons, and dive into all those motives, which induce mankind to act as they do act, and make the world such as we find it to be; and though there is, doubtless, much to alter, and much to improve in human affairs, yet you will find mankind not quite so wrong as, in the first ardour of youth, you supposed them to be; and you will find, as you advance in life, many new lights to open upon you, which nothing but advancing in life could ever enable you to observe. I say this, not to check originality and vigour of mind, which are the best

chattels and possessions of the world, but to check that eager. ness which arrives at conclusions without sufficient premises; to prevent that violence which is not uncommonly atoned for in after-life by the sacrifice of all principle and all opinions; to lessen that contempt which prevents a young man from improving his own understanding, by making a proper and pru. dent use of the understandings of his fellow-creatures.

There is another unchristian fault which must be guarded against in the profession of the law, and that is, misanthropy, an exaggerated opinion of the faults and follies of mankind. It is naturally the worst part of mankind who are seen in courts of justice, and with whom the professors of the law are most conversant. The perpetual recurrence of crime and guilt insensibly connects itself with the recollections of the human race: mankind are always painted in the attitude of suffering and inflicting. It seems as if men were bound together by the relations of fraud and crime; but laws are not made for the quiet, the good and the just; you see and know little of them in your profession, and, therefore, you forget them; you see the oppressor, and you let loose your eloquence against him; but you do not see the man of silent charity, who is always seeking out objects of compassion: the faithful guardian does not come into a court of justice, nor the good wife, nor the just servant, nor the dutiful son; you punish the robbers who ill treated the wayfaring man, but you know nothing of the good Samaritan who bound up his wounds. The lawyer who tempted his Master, had heard, perhaps, of the sins of the woman at the feast, without knowing that she had poured her store of precious ointment on the feet of Jesus.

Upon those who are engaged in studying the laws of their country, devolves the honourable and Christian task of defending the accused; a sacred duty never to be yielded up, never to be influenced by any vehemence, nor intensity of public opinion. In these times of profound peace, and unexampled prosperity, there is little danger in executing this duty, and little temptation to violate it; but human affairs change like the clouds of heaven; another year may find us, or may leave us, in all the perils and bitterness of internal dissension, and upon one of you may devolve the defence of some accused person, the object of men's hopes and fears, the single point on which the eyes of a whole people are bent. These are the occasions which try a man's inward heart, and separate the dross of

On these oc

human nature from the gold of human nature. casions, never mind being mixed up for a moment with the criminal and the crime; fling yourself back upon great principles, fling yourself back upon God; yield not one atom to violence, suffer not the slightest encroachments of injustice, retire not one step before the frowns of power, tremble not, for a single instant, at the dread of misrepresentation. The great interests of mankind are placed in your hands: it is not so much the individual you are defending; it is not so much a matter of consequence whether this or that is proved to be a crime, but on such occasions, you are often called upon to defend the occupation of a defender, to take care that the sacred rights belonging to that character are not destroyed, that that best privilege of your profession, which so much secures our regard, and so much redounds to your credit, is never soothed by flattery, never corrupted by favour, never chilled by fear. You may practise this wickedness secretly, as you may any other wickedness; you may suppress a topic of defence, or soften an attack upon opponents, or weaken your own argument, and sacrifice the man who has put his trust in you, rather than provoke the powerful by the triumphant establishment of unwelcome innocence; but if you do this, you are a guilty man before God. It is better to keep within the pale of honour, it is better to be pure in Christ, and to feel that you are pure in Christ; and if the praises of mankind are sweet, if it is ever allowable to a Christian to breathe the incense of popular favour, and to say it is grateful, and good, it is when the honest, temperate, unyielding advocate, who has protected innocence from the grasp of power, is followed from the hall of judgment by the prayers and blessings of a grateful people.

These are the Christian excellencies which the members of the profession of the law have, above all, an opportunity of cultivating; this is your tribute to the happiness of your fellowcreatures, and these your preparations for eternal life. Do not lose God in the fervour and business of the world; remember that the churches of Christ are more solemn and more sacred than your tribunals; bend not before the judges of the king, and forget the Judge of judges; search not other men's hearts without heeding that your own hearts will be searched; be innocent in the midst of subtilty; do not carry the lawful arts of your profession beyond your profession; but when the robe of the advocate is laid aside, so live that no man shall dare to suppose

your opinions venal, or that your talents and energy may be bought for a price; do not heap scorn and contempt upon your declining years, by precipitate ardour for success in your profession; but set out with a firm determination to be unknown, rather than ill known; and to rise honestly if you rise at all. Let the world see that you have risen, because the natural probity of your heart leads you to truth; because the precision and extent of your legal knowledge enable you to find the right way of doing the right thing; because a thorough knowledge of legal art and legal form, is, in your hands, not an instrument of chicanery, but the plainest, easiest and shortest way to the end of strife. Impress upon yourselves the importance of your profession; consider that some of the greatest and most important interests of the world are committed to your care; that you are our protectors against the encroachments of power; that you are the preservers of freedom, the defenders of weakness, the unravellers of cunning, the investigators of artifice, the humblers of pride and the Scourgers of oppression; when you are silent, the sword leaps from its scabbard, and nations are given up to the madness of eternal strife. In all the civil difficulties of life, men depend upon your exercised faculties, and your spotless integrity; and they require of you an elevation above all that is mean, and a spirit which will never yield when it ought not to yield. As long as your profession retains its character for learning, the rights of mankind will be well arranged; as long as it retains its character for virtuous boldness, those rights will be well defended; as long as it preserves itself pure and incorruptible on other occasions not connected with your professions, those talents will never be used to the public injury which were intended and nurtured for the public good. I hope you will weigh these observations, and apply them to the business of the ensuing week, and beyond that, in the common occupations of your professions; always bearing in your minds the emphatic words of the text, and often in the hurry of your busy, active lives, honestly, humbly, heartily exclaiming to the Son of God, Master, what shall I do to inherit eternal life?'

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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.

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 Christian 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 loosing 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

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