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that he really thinks himself a very ill-used man; for he bitterly complains of the "phenomenon," that "gentlemen of education, scholars, men of refined tastes and acute intellect may be so absorbingly possessed with their own views, so strongly prejudiced in their favour, as absolutely to be unable to admit or receive into their minds the mere outline of an opposing view, the mere form and fashion of an opinion which they did not themselves hold." Of course the speaker is not referring to himself, but to those who, like ourselves, cannot help "receiving into our minds" the notion, that Mr. Lewis does not himself comprehend the question which he meant to lecture on and to discuss. He goes over, in his reply, the old story, in hopeless inability to see its bearing on the real points in issue. Of course, even he, when driven up into a corner, sees how necessary it is to define; and we will favour our readers with two examples of the success at which Mr. Lewis has arrived in this department of controversy. Christianity has again to be defined, and here is the definition-" Christianity consists of belief in certain characters, and a certain history which all Christians hold sacred, even including the peculiar forms of Christian belief, Unitarianism, and Popery." Now this last amplification of the definition sets all further debate with its author at an end. "Even Popery and Unitarianism !" Eliminate "Papists and Unitarians" from Christendom,1 and what does Mr. Lewis suppose would be the number of "Christians in the world? We will not go into statistics, but to all, save the decent orthodox Englishman (whose idea of Christendom does not extend beyond his own parish church, and perhaps the next one), the narrow-mindedness and futile struggle of the lecturer to be candid and liberal must be painfully obvious. His condescension, too, in conceding, "not without some doubt in his own mind, some hesitation" (p. 145), the right to the sceptic who doubts about the being of God to discuss it, is, after all his profession of liberality,

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'Of course the Greek church ought also to be taken in under the "even." But this part of Christendom may possibly be too unimportant to be noticed 'by Mr. Lewis.

comical to the last degree. We shall always be happy to hear Mr. Lewis debate points of practice or strictly legal matters; but such subjects as the one which he brought before the Juridical Society are not, we submit, suited to his habit of mind. We should not have commented upon the sentiments which Mr. Lewis has expressed if we had found them in a sermon or in a periodical circulating among those large classes of sectaries who denounce, with fervent liberalism, any persecution of those with whom they sympathize, but who approve of repressing the dangerous heterodoxy of those they dislike or fear. We naturally expect to find the bigot and tyrant lurking under the mantle of sectarian zeal, and ultra-democratical profession; but we are startled to see him clothed in the robes of a philosophical and juridical essayist.

What, then, will it be said, is the public in no case to be pro-. tected from having its feelings outraged? The answer seems to us clear. If a man, maliciously intending to injure his neighbour's feelings, force upon him an annoyance, as by placarding the walls with offensive words or pictures, he should undoubtedly be punished; for then no option is given to the passer-by to avoid the nuisance, and his freedom and liberty are thereby interfered with. If Pooley, for example, had not been decidedly lunatic, his conduct in chalking up "blasphemy" was an outrage for which he was liable to punishment. So, if an ill-bred fellow will insist upon crying out aloud, in the involuntary presence of others, what he knows must violate their feelings, he should be repressed by the strong arm of the law; but if he print of my religion what I need neither buy nor read, as a general rule he should be left alone. We say as a general rule; for if he maliciously traps and allures me, under false pretexts, to read or listen to his assault on my opinions and feelings, he may then render himself amenable to the criminal law. So also, if he craftily and maliciously attempt to influence the sentiments of the young, he is really committing an attack on the rights and liberty of those to whom their care and education belong, and this constitutes an offence. Whether it be an Archbishop, who tries to convert the

children of Socinian parents; or a Pope, who catches a Jew child and baptizes him on the sly, and teaches him the apostles' creed; or the Deist, who shakes the faith of an orthodox girls' school in the plenary inspiration of the scriptures, it makes no difference. There is, in each ease, an infraction of the rights of the appointed guardians of youth.

We do not press the duty of preventing language likely to produce a breach of the peace; for the one side ought to learn to keep his temper under provocation, quite as much as the other to hold his tongue on certain occasions. The particular circumstances of each case, and the malice, legal or actual, which exists, must be the test here to be applied. We know of no other class of cases besides those above mentioned, where, in a civilized community, the authority of the law should be invoked to protect private opinion, by inflicting punishment for the publication of attacks on speculative questions.

ART. IV.-JUSTICE AND JUSTICES.

Summary of the Duties of a Justice of the Peace out of Sessions. By THOMAS JAMES ARNOLD, of Lincoln's Inn, Esq., one of the Metropolitan Magistrates. London: Sweet; Stevens & Nestor; and Maxwell. 1860.

THE present age is highly distinguished by an intellectual

progress of a practical nature. Railways, steam navigation, electric telegraphs, &c., &c, may be adduced as proofs. But there is one peculiar rule in the general application of mental acquisition, which has recently been carried into operation in this country, and which, if rigidly and impartially applied, will unquestionably effect vast improvements throughout our social system. The rule adverted to is, "that public functionaries must give proof, by an initiatory examination, that they are intellectually qualified to discharge the duties of the office they seek to fill, before they are permitted to take it." For instance, candi

dates for the ministry of the Church of England, besides their degree at one of the universities, have to pass an examination, alleged to be severe, to test their knowledge of divinity, classics, &c., before they can be ordained.

It is said that the pastors of other religious denominations are also required to give proofs of their acquirements and mental fitness, before they are allowed to enter upon the discharge of their duties. Solicitors, it is well known, are severely tested as to their intellectual acquisition, prior to their admission.1 Surgeons have to pass many examinations on various subjects ere they are permitted to practise. Young men, who endeavour to enter the army or navy as officers, in most instances have to give ample proof that they are intellectually qualified for the duties which they seek to discharge, before they are intrusted with the performance of them.

The same rule is applied to many civil posts. In fact, there seems to be an irresistible demand for its strict enforcement in all cases; so that no public functionary shall enter upon the discharge of such duties, unless he has previously given proof of his mental capabilities and qualifications by initiatory examination. King George the Third is alleged to be the author of a political maxim, that up to a very recent period was never known to fail, namely—" That any man is fit for any post that he can get." This royal apophthegm no longer maintains its universality. At present it only applies to the chiefs of the principal public offices, which only the members of a very few families can fill; and, consequently, the Georgian maxim continues to hold good with respect to them alone. In all other cases, common sense and previous examinations have supplanted it, much to the credit of the country, and greatly to the benefit of the common weal.

Notwithstanding this marked improvement, there are some anomalies of a like nature which not only remain untouched, but continue to increase: one of them we propose here to consider,

1 The application of the rule here stated to Barristers, has been thwarted by the opposition of the Benchers of Lincoln's Inn. We have elsewhere in this Number commented on this circumstance.

viz.:-The Administration of the Law by Magistrates; a subject which, in our opinion, is highly deserving the attention of social reformers of all grades.

It may easily be ascertained from Mr. Oke's very useful synopsis, and Mr. Arnold's recent publication, that statutes, counted by hundreds, of all degrees of conflicting difficulty, and of every shade of doubtful interpretation, have been enacted for the especial guidance of magistrates. It is alleged that the catalogue of offences extends to two thousand on which magistrates have power to impose fines and terms of imprisonment, from the smallest sums up to £100, and from the shortest periods up to twelve calendar months: at quarter-sessions they have power to imprison for much longer periods, or to sentence to penal servitude for a period corresponding to transportation for

fourteen years.

Writers on criminal law assert that there are five hundred offences indictable and triable, which must previously be investigated by magistrates at petty sessions. In addition to all this, there are numerous matters relating to wages, apprentices, highways, railways, turnpike-roads, church-rates, the poor-law and all its complicated rules, granting licences, cases of affiliation, appointing constables, overseers, hearing appeals against rates, &c., &c. In fact, the administration of the law, in everyday affairs, is altogether entrusted to magistrates. In reference to law as its operation affects the masses of people, Justice law is infinitely more important than Westminster Hall law. The great body of the people pass year after year without hearing one word about the superior courts at Westminster; but they are on all sides surrounded by magistrates' courts, in which are transacted the daily work of popular legal affairs.

What, then, are the requisite qualifications for the proper discharge of these complicated and weighty duties? Before a magistrate is permitted to inflict his views of the multitude of intricate statutes, which partly form Justice law, upon his fellowcountrymen, what proof has he to give that he has ever read them, or, if he have, that he understands the scope and intention

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