The necessary qualifications of such as are to exercise the office of judges.
Few positions in life are more important than that of the judge. Not only are the lives and liberties of individual citizens at his disposal, but the very existence of the State depends on him, since unless justice is in the main administered states fly to pieces. It has been said that the whole elaborate machinery of the British Constitution has been designed and arranged with the ultimate object of putting twelve honest men together into a jury box. Where the functions to be discharged are so important, it is of the utmost moment that qualifications should be laid down in theory, and strictly adhered to in practice. Jethro saw that judges ought to be—
I. MEN OF ABILITY. Ordinary, common-place powers are not enough. "Non ex quovis ligno Mercurius fit." Something above the average is necessary. Jethro thought one man in ten among the Israelites might possess sufficient intelligence and discrimination to judge the lowest class of causes, those of the least account. This was a somewhat sanguine estimate. In modern communities, which boast of their general enlightenment, considerably less than one-tenth of the citizens have their names inscribed upon the jury lists. The standard of intelligence however varies in different ages and countries, so that no hard-and-fast line can be laid down on the subject. All that can be insisted upon is this—the judge should be a person recognised to possess ability for his office, i.e; sagacity and practical discernment. If he has not these gifts, it is no use his possessing others, as learning, scholarship, artistic or scientific attainments. He will not be respected; no confidence will be felt in him; his decisions will carry no weight, and will injure rather than benefit the community.
2. MEN OF PIETY. "Provide out of all the people such as fear God," said Jethro. It is greatly to be feared that this qualification is in modern times but slightly regarded. How seldom do we hear it asked of any newly-appointed judge—Is he a religious man? And yet unless God is feared, there can be no security that justice will be done even by the judge of the greatest possible intelligence. If a man be not God-fearing, he may allow prejudice, passion, even caprice to sway his judgments, he may gradually become like the "unjust judge," who "feared not God neither regarded man." Or, again, he may have to pronounce judgment in matters concerning religion, for such will often come before courts, and then what weight can he expect his decisions to have? It is a wise and venerable custom which makes it incumbent on our "judges of assize" to preface the opening of their commission in each assize town by attendance at Divine service and hearing of God's word preached by a minister of the Gospel. It would be still better if those who nominate judges would follow Jethro's counsel, and take care in each instance to select for the office "such as fear God"—i.e; sincerely religious persons. The reality of religion is preferable to the show of it; and the only security for righteous judgments is that the judge be himself a righteous man.
3. MEN OF TRUTH. There can be no real piety without truthfulness, so that this qualification is, in fact, included in the last. But there is a semblance of piety which is not over-scrupulous with regard to truth, or "pious frauds" would not have passed into a bye-word. Truth, the love of it, the honest desire to search it out, and make it manifest, is so essential a quality in a judge, that it deserves separate mention, and can never be dispensed with, whatever other qualifications a man may have. Let there be any suspicion of a man's truthfulness, and then, whatever reputation for piety may attach to him, he is not fitted to be a judge, and ought not to be selected for the judge's office.
4. MEN OF PROBITY, who would scorn to take a bribe. The "corrupt judge" is the opprobrium of debased nations, the disgrace of his calling, the destroyer of the state to which he belongs. In many ancient kingdoms corruption, when detected in a judge, was punished by instant execution. Where it has been regarded as venial and punished inadequately, as at Rome, society has rapidly deteriorated and a revolution has shortly supervened. We may congratulate ourselves that judges in our own country are not only incorrupt, but beyond suspicion, so far above taking a bribe that no one would dare to offer them one. In the East, on the contrary, according to the universal testimony of travellers, it is scarcely possible to find the office of judge exercised by any one who is not notoriously open to corrupt influence, who does not expect, and is not anxious to receive, bribes. Among the Jews, judicial corruption is first noticed among the sons of Samuel, who "turned aside after lucre, and took bribes, and perverted judgment'' (1 Samuel 8:3). In the decline of the nation, the evil grew and increased, and is frequently denounced by the prophets (Isaiah 1:23 : Jeremiah 5:28; Ezekiel 22:27; Micah 3:11; Micah 7:3, etc.).
HOMILIES BY J. ORR