a power of awarding thofe fubmiffions and ac knowledgments, which it is generally the purpose of a challenge to obtain; and it might grow into fashion, with perfons of rank of all profeffions, to refer their quarrels to the fame tribunal.

Duelling, as the law now ftands, can seldom be overtaken by legal punishment. The challenge, appointment, and other previous circumftances, which indicate the intention with which the combatants met, being fuppreffed, nothing appears to a court of justice, but the actual rencounter. And if a perfon be flain when actually fighting with his adverfary, the law deems his death nothing more than manslaughter.

CHAP.

СНАР. Х.

LITIGATION.

F it be poffible live peaceably with all men ;"

“IF

which precept contains an indirect confeffion that this is not always possible.

The inftances * in the fifth chapter of St. Matthew are rather to be understood as proverbial methods of defcribing the general duties of forgiveness and benevolence, and the temper we ought to aim at acquiring, than as directions to be fpecifically obferved; or of themselves of any great importance to be observed. The first of these is, "If thine enemy smite thee on thy " right cheek, turn to him the other alfo ;" yet, when one of the officers ftruck Jefus with the palm of his hand, we find Jefus rebuking him

* "Whofoever fhall fmite thee on thy right cheek, turn ❝ to him the other also; and if any man will fue thee at the "law, and take away thy coat, let him have thy cloak also; "and whosoever shall compel thee to go a mile, go with him

"twain."

for

for the outrage with becoming indignation: "If I have fpoken evil, bear witnefs of the evil; "but if well, why fmiteft thou me?" (John xviii. 22.) It may be obferved likewife, that the feveral examples are drawn from inftances of fmall and tolerable injurics. A rule which forbade all opposition to injury, or defence against it, could have no other effect, than to put the good in fubjection to the bad, and deliver one half of mankind to the depredation of the other half: which must be the cafe, fo long as fome confidered themfelves as bound by fuch a rule, whilft others despised it. St. Paul, though no one inculcated forgiveness and forbearance with a deeper fenfe of the value and obligation of these virtues, did not interpret either of them to require an unrefifting fubmiffion to every contumely, or a neglect of the means of safety and felf-defence. He took refuge in the laws of his country, and in the privileges of a Roman citizen, from the confpiracy of the fews, (Acts XXV. 11.) and from the clandeftine violence of the chief captain, (Acts xxii. 25.) And yet this is the fame Apostle who reproved the litigiousness of his Corinthian converts with so much feverity. "Now therefore, there is ut"terly a fault among you, because ye go to law

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one with another; why do ye not rather take “ wrong? why do ye not rather fuffer yourselves "to be defrauded?"

On the one hand, therefore, Christianity excludes all vindictive motives, and all frivolous causes of profecution; fo that where the injury is fmall, where no good purpose of public example is answered, where forbearance is not likely to invite a repetition of the injury, or where the expence of an action becomes a pu nishment too fevere for the offence; there the Christian is withholden by the authority of his religion from going to law.

On the other hand, a law-fuit is inconfiftent with no rule of the gofpel, when it is inftituted,

1. For the establishing of fome important right.

2. For the procuring a compensation for some confiderable damage.

3. For the preventing of future injury.

But fince it is supposed to be undertaken fimply with a view to the ends of justice and safety, the profecutor of the action is bound to confine himself to the cheapest process that will accomplish these ends, as well as to confent to any peaceable expedient for the fame purpose; as to

a reference, in which the arbitrators can do, what the law cannot, divide the damage, when the fault is mutual; or to a compounding of the difpute, by accepting a compenfation in the grofs, without entering into articles and items which it is often very difficult to adjust feparately.

As to the reft, the duty of the contending parties may be expreffed in the following directions:

Not to prolong a fuit by appeals against your own conviction.

Not to undertake or defend a fuit against a poor adverfary, or render it more dilatory or expenfive than neceffary, with the hope of intimidating or wearying him out by the expence.

Not to influence evidence by authority or expectation.

Nor to ftifle any in your poffeffion, although it make against you.

Hitherto we have treated of civil actions. In criminal profecutions the private injury should be forgotten, and the profecutor proceed with the fame temper, and upon the fame motives, as the magistrate; the one being a necessary minister of justice as well as the other; and both bound to direct their conduct by a difpaffionate care of the public welfare.

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