55. Слово к новоизбранным судиям пред произнесением присяги 298

(Printed in the 1844 and 1848 collections) Those who fear the Lord will find judgment, and excuses will burn like light. Sir.32:18. Election sought judges, and found them: now the elected judges must seek judgment, and - oh, that they would “find judgment, and burn justifications like a light”! Oh, if they found for themselves, and used for society, such an art of judging that the acquittal of the innocent, and the accusation of the guilty, would be clear as light; so that correct knowledge of the truth kindles in them a living zeal for order and the good of society, and spreads this sacred fire throughout the entire circle of their action! The people are looking for judgment from appointed judges: where can appointed judges look for judgment, so that they have it ready for every person, for every case, for every occasion? Isn't it in the laws? Without a doubt, the closest place to look for it is there. For why were laws written, if not so that judges would find in them a ready-made judgment, which they would only have to apply to known persons, cases and cases? But it seems to me that seeking judgment in a seemingly close repository, which is the essence of the book of laws, is not without difficulty for a newly appointed judge. To find judgment in the laws, one must study them; but it is likely that not every newly elected judge studied the laws in advance, since not everyone destined himself for the rank of judge: as soon as someone is elected to this rank, he must immediately enter, not into the school of judges, but into the court itself; but the judgment seat does not allow people to judge first, as it happens, until they learn to judge as they should. In addition, a diverse variety of laws often makes it difficult for those knowledgeable and experienced in the art of law; and new laws that are born every day, in explanation and addition to the previous ones, show that the variety of cases and cases, extending much further than the diversity of laws, daily presents, and will present, new cases and cases for which there is no ready-made judgment in the laws. Where should the appointed judges look for a more prepared court? Are you out of your right mind? Truly, reason judged people when not a single law had yet been written; then reason wrote the laws for the court; and finally, in those who are obliged to judge according to written laws, the same human reason still lives, which produced all human laws. But it seems to me that even in the mind, although everyone carries this treasury of truth with them, it is not without difficulty to find a ready-made judgment in one’s own mind. Indeed, if it were convenient for each judge to find judgment in his own mind, then there would be no reason to write laws. Since it was found necessary to write laws: this shows that it was found inconvenient to draw judgment from one’s own mind: since this source for some is not open, for others it is waterless, for others it is filled with clay, or covered with dust, that is, for others they lack education, for others ability, for others prejudices or passions drown out common sense and a natural sense of justice. The law is the reason established by experience, not of one person, but of a government, an entire people, many generations: how can the personal reason of one person compare with it? The law sees the more clearly mentally, the more accurately it shows the detached truth of the court, that it is not entertained by the sight of the sensual personality of the defendants and those touched by the court; for him there is no strong person, no enemy, no friend, no gifts: on the contrary, the personal mind of the judge is more conveniently blinded spiritually, the more it sees sensually; at the sight of a strong man he is indignant with fear, for a friend he softens, and, thinking of condescension, falls into weakness; he becomes irritated with the enemy, and severity extends to cruelty; he is seduced by gifts, and, pursuing reward, quietly loses sight of justice. Where will judges, both easily and truly, find a lawful court, despite the usual inconveniences from the laws, prudent under the ordinary imperfections of the human mind? Who will comprehend this mystery of judgment? Who, like the Highest and Most Perfect Judge God, “brings forth the truth like light” (Ps. 37:6), which art and ignorance, strength and weakness, the passion living in the judge and the dead reason of laws are united to obscure between people? Let not the lawyers and wise men be offended; but more than that, let them come to their senses; It is not their actual title that the Supreme Judge entrusts the great secret of the court; there is another, more valid title, His secret advisers, the title of those who fear the Lord. “Those who fear the Lord will find judgment, and excuses will burn like light.” He who fears the Lord has a law in which all the multitude of laws is contained, all the diversity of laws is consistent. For if the goal of all laws is truth, order, goodness: and if the universal foundation of all goodness, order, truth lies in the good, wise and holy will of God: then the universal foundation and root of the laws is not to do or allow anything contrary to the will of God, and this is to fear the Lord. He who fears the Lord is at the very source of understanding and wisdom: for “the fear of the Lord is the beginning of wisdom” (Prov. 1:7). He who fears the Lord in judgment does not fear the mighty: for is the sound of a chariot during thunder terrible? And is the eldest among the slaves great in the presence of the king? He who fears the Lord will not harm judgment out of love for a friend or out of hatred for an enemy: since he loves no one more than God, and out of love for Him he preserves judgment; but he has no enemies, because, fearing God, he also fears the law of God, which commands him to love his enemies. He who fears the Lord in judgment will not be deceived by gifts: because he is afraid of losing the grace of God and the Kingdom of Heaven; where can one find such a treasure for which he could decide on such a loss? The fear of the Lord is so important for just judgment and just leadership. Therefore, those who have accepted the lot of public judicial and administrative ministries, therefore hasten to protect you with the fear of the Lord, through a sacred oath before the Word of the Lord, before the image of the Lord on the cross, before the altar of the Lord, before the face of the invisible, but seeing the heart and thoughts of the Lord. With the fear of God, approach the oath: with the fear of God aggravated by the oath, go to your services. May the fear of the Lord help you “to find judgment, and to kindle excuses like a light.” Amen. According to Jew. collection listed as pronounced in the Chudov Monastery, December 26. According to Jew. collection: The law sees the more clearly, the more accurately it shows the spiritual truth of the court, because it is completely blind to the sensual personality of the defendants and those touched by the court and to various circumstance; he doesn't see... You might be interested in: