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MATTHEW HALE, was Born at Alderly in Glocester∣shire, the first of November, 1609. His Grandfather was Ro∣bert Hale, an Eminent Clothier in Wotton-under-edge, in that County, where he and his Ancestors had lived for many Descents; and they had given several parcels of Land for the use of the Poor,
which are enjoyed by them to this day. This Robert acquired an Estate of ten Thousand Pound, which he divided almost equally amongst his five Sons; besides the Portions he gave his Daugh∣ters, from whom a numerous Posterity has sprung. His Se∣cond Son was Robert Hale, a Bar∣rister of Lincolns-Inn; he Mar∣ried Ioan, the Daughter of Mat∣thew Poyntz, of Alderly Esquire, who was descended from that Noble Family of the Poyntz's of Action: Of this Marrage there was no other Issue but this one Son. His Grandfather by his Mother was his Godfather, and gave him his own Name at his Baptism. His Father was a Man of that strictness of Conscience, that he gave over the practise of the Law, because he could not understand
the reason of giving Colour in Pleadings, which as he thought was to tell a Lye, and that, with some other things commonly practised, seemed to him contra∣ry to that exactness of Truth and Justice which became a Christian, so that he withdrew himself from the Inns of Court to live on his Estate in the Country. Of this I was informed by an Anci∣ent Gentleman, that lived in a friendship with his Son for fifty Years, and he heard Judge Iones▪ that was Mr. Hales Contempora∣ry, declare this in the Kings-Bench. But as the care he had to save his Soul, made him abandon a Pro∣fession in which he might have raised his Family much higher, so his Charity to his poor Neigh∣bours, made him not only deal his Alms largely among them
while he lived, but at his Death he left (out of his small Estate which was but 100 l a Year) 20 l. a Year to the Poor of Wotton, which his Son confirmed to them with some Addition, and with this Regulation, that it should be distributed among such poor House-keepers, as did not Receive the Alms of the Parish; for to give it to those, was only as he used to say, to save so much Money to the Rich, who by Law were bound to relieve the poor of the Parish.
Thus he was descended rather from a good, than a Noble Fa∣mily, and yet what was wanting in the insignificant Titles of High Birth, and Noble Blood, was more than made up in the true worth of his Ancestors. But he was soon deprived of the Happi∣ness of his Fathers Care and In∣struction,
for as he lost his Mother before he was three years old, so his Father died before he was five; so early was he cast on the Pro∣vidence of God. But that unhap∣piness was in a great measure made up to him: For after some opposition made by Mr. Thomas Poyntz, his Uncle by his Mother, he was committed to the care of An∣thony Kingscot, of Kingscot Esquire, who was his next Kinsman, after his Uncles, by his Mother.
Great care was taken of his E∣ducation, and his Guardian in∣tended to breed him to be a Di∣vine, and being inclined to the way of those then called Puritans, put him to some Schools that were Taught by those of that par∣ty, and in the 17th. year of his Age, sent him to Magdalen-Hall in Oxford, where Obadiah Sedgwick
was his Tutor. He was an ex∣traordinary Proficient at School, and for some time at Oxford. But the Stage Players coming thither, he was so much corrupted by see∣ing many Playes, that he almost wholly forsook his Studies. By this he not only lost much time, but found that his Head came to be thereby filled with such vain Images of things, that they were at best Improfitable, if not hurt∣ful to him; and being afterwards sensible of the Mischief of this, he resolved upon his coming to Lon∣don, (where he knew the oppor∣tunities of such Sights would be more frequent and Inviting) ne∣ver to see a Play again, to which he constantly adhered.
The Corruption of a Young Man's mind in one particular, ge∣nerally draws on a great many
more after it, so he being now taken off from following his Stu∣dies, and from the Gravity of his deportment, that was formerly Eminent in him, far beyond his Years, set himself to many of the vanities incident to Youth, but still preserved his Purity, and a great probity of Mind. He loved fine Clothes, and delighted much in Company: and being of a strong robust Body, he was a great Master at all those Exercises that required much Strength. He also learned to Fence, and handle his Weapons, in which he became so expert, that he worsted many of the Masters of those Arts: but as he was exercising himself in them, an Instance appeared, that shew∣ed a good Judgment, and gave some hopes of better things. One of his Masters told him he could
teach him no more, for he was now better at his own Trade than himself was. This Mr. Hale lookt on as flattery; so to make the Ma∣ster discover himself, he promi∣sed him the House he lived in, for he was his Tenant, if he could hit him a blow on the Head: and bad him do his best, for he would be as good as his word: so after a little Engagement, his Master be∣ing really Superiour to him, hit him on the Head, and he per∣formed his promise; for he gave him the House freely: and was not unwilling at that rate to learn so early, to distinguish flat∣tery from plain and simple truth.
He was now so taken up with Martial matters, that instead of go∣ing on in his design of being a Scholar, or a Divine, he resolv∣ed to be a Souldier: and his Tu∣tor
Sedgwick going into the Low-Countries, Chaplain to the Renow∣ned Lord Vere, he resolved to go along with him, and to trail a Pike in the Prince of Orange's Ar∣my; but a happy stop was put to this Resolution, which might have proved so fatal to himself, and have deprived the Age of the great Example he gave, and the useful Services he afterwards did his Country. He was engaged in a Suite of Law with Sir William Whit∣more, who laid claim to some part of his Estate, and his Guardian being a Man of a retired temper, and not made for Business, he was forced to leave the University, after he had been three Years in it, and goe to London to sollicite his own business. Being recommended to Serjeant Glanvill for his Councellor, and he observing in him a clear apprehen∣sion
of things, and a solid Judge∣ment, and a great fitness for the stu∣dy of the Law, took pains upon him to perswade him to forsake his thoughts of being a Souldier, and to apply himself to the study of the Law: and this had so good an effect on him, that on the 8th. of November, 1629. when he was past the 20th. Year of his Age, he was admitted into Lincolns-Inn: and being then deeply sensible how much time he had lost, and that Idle and Vain things had o∣ver-run and almost corrupted his mind, he resolved to Redeem the time he had lost, and followed his Studies with a diligence that could scarce be beleived, if the signal effects of it did not gain it Credit. He Studied for many years at the rate of 16 Hours a day: he threw aside all fine
Clothes, and betook himself to a plain fashion, which he conti∣nued to use in many points to his dying day.
But since the honour of reclaim∣ing him from the idleness of his former course of Life, is due to the memory of that Eminent Lawyer Serj. Glanvil, and since my Design in Writing is to propose a Pattern of Heroick Virtue to the World, I shall mention one passage of the Serjeant which ought never to be forgotten. His Father had a fair Estate, which he intended to set∣tle on his Elder Brother, but he being a Vicious young Man, and there appearing no hopes of his Recovery, he setled it on him, that was his Second Son. Upon his Death, his Eldest Son finding that what he had before looked on, as the threatnings of an angry Father,
was now but too certain, became Melancholly, and that by degrees wrought so great a change on him, that what his Father could not prevail in while he Lived, was now effected by the severity of his last Will, so that it was now too late for him to change in hopes of an Estate that was gone from him. But his Brother ob∣serving the reality of the change, resolved within himself what to do: so he called him, with many of his Friends together to a Feast, and after other Dishes had been served up to the Dinner, he orde∣red one that was covered to be set before his Brother, and desired him to uncover it; which he do∣ing, the Company was surprized to find it full of Writings. So he told them that he was now to do, what he was sure his Father would
have done, if he had lived to see that happy Change, which they now all saw in his Brother: and therefore he freely restored to him the whole Estate. This is so great an instance of a Generous and just Disposition, that I hope the Reader will easily pardon this Digression, and that the rather since that Worthy Serjeant was so Instrumental in the happy Change that followed in the course of Mr. Hale's Life.
Yet he did not at first break off from keeping too much Company with some vain People, till a sad Accident drove him from it, for he with some other young Stu∣dents, being invited to be merry out of Town, one of the Com∣pany called for so much Wine, that notwithstanding all that Mr. Hale could do to prevent it, he
went on in his Excess till he fell down as dead before them, so that all that were present, were not a little affrighted at it, who did what they could to bring him to himself again: This did parti∣cularly affect Mr. Hale, who thereupon went into another Room, and shutting the door, fell on his Knees, and prayed earnest∣ly to God, both for his Friend, that he might be restored to Life again; and that himself might be forgiven for giving such Counte∣nance to so much Excess: and he vowed to God, that he would never again keep Company in that manner, nor drink a health while he lived: His Friend reco∣vered, and he most Religiously observed his Vow, till his Dying day. And though he was after∣wards prest to drink Healths, par∣ticularly
the Kings, which was set up by too many as a distin∣guishing mark of Loyalty, and drew many into great Excess after his Majesties happy Restoration; but he would never dispense with his Vow, though he was some∣times roughly treated for this, which some hot and indiscreet led Obstinacy.
This wrought an entire change on him: now he forsook all vain Company, and divided himself between the Duties of Religion, and the Studies of his Profession; in the former he was so regular, that for Six and thirty years time, he never once failed going to Church on the Lords day; this observation he made when an Ague first interrupted that constant Course, and he reflected on it, as an Acknowlegement of God's
great Goodness to him, in so long a Continuance of his health.
He took a strict account of his time, of which the Reader will best Judge, by the Scheme he drew for a Diary which I shall in∣sert Copied from the Original, but I am not certain when he made it; it is set down in the same Simplicity in which he writ it for his own private use.
- I. To lift up the heart to God in thankfulness for renewing my Life.
- II. To renew my Covenant with God in Christ. 1. By renew∣ed Acts of Faith receiving Christ, and rejoyceing in the height of that Relation. 2▪ Resolution
- of being one of his People doing him Allegiance.
- III. Adoration and Prayer.
- IV. Setting a Watch over my own Infirmities and Passions, over the Snares laid in our way. Perimus licitis.
Day Imployment.
There must be an Imployment, two kinds.
- I. Our ordinary calling, to serve God in it. It is a Service to Christ though never so mean. Colos. 3. Here Faithfulness, Diligence, Chearfulness. Not to overlay my self with more Business than I can bear.
- II. Our Spiritual Imployments: Mingle somewhat of Gods Immedi∣ate Service in this day.
Refreshments.
- I. Meat and Drink, Moderation sea∣soned with somewhat of God.
- II. Recreations. 1. Not our Busi∣ness. 2. Sutable. No Games, if given to Covetousness or Passion.
If alone.
- I. Beware of wandring vain lustful thoughts, fly from thy self rather than entertain these.
- II. Let thy Solitary thoughts be pro∣fitable, view the Evidences of thy Salvation, the state of thy Soul, the coming of Christ, thy own Mor∣tality, it will make thee humble and Watchful.
Company.
Do good to them. Use God's name re∣verently. Beware of leaving an ill Impression of ill Example. Receive good from them, if more knowing.
EVENING.
Cast up the Accompts of the Day. If ought amiss, Beg pardon. Gather resolution of more Vigilance. If well, Bless the Mercy and Grace of God that hath Supported thee.
These Notes have an Imper∣fection in the Wording of them, which shews they were only in∣tended for his Privacies. No won∣der a Man who set such rules to himself, became quickly very Eminent and remarkable.
Noy the Attorny General, be∣ing then one of the greatest Men of the Profession, took early notice of him, and called often for him, and directed him in his Study, and grew to have such
friendship for him, that he came to be called young Noy. He pas∣sing from the extream of Vanity in his Apparel, to that of neg∣lecting himself too much, was once taken when there was a Press for the Kings-Service, as a fit Per∣son for it; for he was a strong and well built Man: But some that knew him coming by, and giving notice who he was, the Press-Men let him go. This made him return to more decency in his Clothes, but never to any Super∣fluity or Vanity in them.
Once as he was Buying some Cloath for a new Suit, the Draper with whom he differed about the Price, told him he should have it for nothing, if he would pro∣mise him an Hundred pound when he came to be Lord Chief Justice of England; to which he answered,
That he could not with a good Conscience wear any Man's Cloath, unless he payed for it; so he satisfied the Draper, and carried away the Cloath. Yet that same Draper lived to see him advanced to that same dignity.
While he was thus improving himself in the Study of the Law, he not only kept the Hours of the Hall constantly in Term-time, but seldom put himself out of Com∣mons in Vacation-time, and conti∣nued then to follow his Studies with an unwearied diligence; and not being satisfied with the Books writ about it, or to take things upon trust, was very diligentin searching all Records: Then did he make divers Collections out of the Books he had Read, and mixing them with his own Obser∣vations, digested them into a
Common-place Book; which he did with so much Industry and Judgment, that an Eminent Iudge of the Kings-Bench, borrowed it of him when he was Lord Chief Baron: He unwillingly lent it, be∣cause it had been Writ by him be∣fore he was called to the Barr, and had never been throughly revised by him since that Time, only what Alterations had been made in the Law by subsequent Sta∣tutes, and Judgments, were added by him as they had happened: but the Iudge having perused it said, that though it was Com∣posed by him so early, he did not think any Lawyer in England could do it better, except he him∣self would again set about it.
He was soon found out by that great and learned Antiquary Mr. Selden, who though much superiour
to him in Years, yet came to have such a liking of him, and of Mr. Vaughan, who was afterwards Lord Chief Justice of the Common-Pleas, that as he continued in a close friendship with them while he lived, so he left them at his Death, two of his four Execu∣tors.
It was this Acquaintance that first set Mr. Hale on a more en∣larged pursuit of Learning, which he had before confined to his own Profession, but becoming as great a Master in it, as ever any was, very soon; he who could never let any of his time go away unprofitably, found leisure to at∣tain to as great a variety of know∣ledge, in as Comprehensive a manner as most Men have done in any Age.
He set himself much to the Stu∣dy
of the Romane Law, and though he liked the way of Judicature in England by Juries, much better than that of the Civil Law, where so much was trusted to the Iudge; yet he often said, that the true Grounds and Reasons of Law were so well delivered in the Digests, that a man could never understand Law as a Science so well as by seeking it there, and therefore lamented much that it was so little Studied in Eng∣land.
He looked on readiness in A∣rithmetick, as a thing which might be useful to him in his own Im∣ployment, and acquired it to such a Degree, that he would often on the Sudden, and afterwards on the Bench resolve very hard Que∣stions, which had puzled the best Accomptants about Town. He
rested not here, but Studied the Algebra both Speciosa and Nume∣rosa, and went through all the other Mathematical Sciences, and made a great Collection of very excel∣lent Instruments, sparing no cost to have them as exact, as Art could make them. He was also very Conversant in Philosophical Learning, and in all the curious Experiments, and rare Discove∣ries of this Age: And had the new Books Written on those Subjects sent him from all Parts, which he both read and examined so Cri∣tically, that if the Principles and Hypotheses which he took first up, did any way prepossess him, yet those who have differed most from him, have acknowledged, that in what he has Writ concer∣ning the Torricellian Experiment, and of the Rarefaction and Con∣densation
of the Air; he shews as great an Exactness, and as much Subtilty in the Reasoning he builds on them, as these Princi∣ples to which he adhered could bear. But indeed it will seem scarce Credible, that a man so much imployed, and of so severe a temper of Mind, could find lei∣sure to Read, Observe and Write so much of these Subjects as he did. He called them his Diver∣sions, for he often said when he was weary with the Study of the Law, or Divinity, he used to Recreate himself with Philosophy or the Mathematicks; To these he added great skill in Physick, Ana∣tomy and Chyrurgery: And he used to say no man could be absolutely a Master in any Profession, without having some skill in other Sciences; for besides the Satisfaction he had
in the knowledge of these things, he made use of them often in his Imployments. In some Exami∣nations he would put such Questi∣ons to Physitians or Chyrurgeons, that they have professed the Col∣ledge of Physitians could not do it more Exactly; by which he dis∣covered great Judgment, as well as much Knowledge in these things: And in his Sickness he used to Argue with his Doctors a∣bout his Distempers, and the Methods they took with them, like one of their own Profession; which one of them told me he understood, as far as Speculation without Practice could carry him.
To this he added great Sear∣ches into Ancient History, and par∣ticularly into the roughest and least delightful part of it, Chro∣nology.
He was well acquainted with the Ancient Greek Philoso∣phers, but want of occasion to use it, wore out his Knowledge of the Greek Tongue; and though he never Studied the Hebrew Tongue, yet by his great Con∣versation with Selden, he under∣stood the most curious things in the Rabinical Learning.
But above all these, he seemed to have made the Study of Di∣vinity the cheif of all others, to which he not only directed every thing else, but also arrived at that pitch in it, that those who have read, what he has Written on these Subjects, will think, they must have had most of his time and thoughts. It may seem Ex∣travagant, and almost Incredible, that one man in no great Com∣pass of years, should have acqui∣red
such a variety of Knowledge; and that in Sciences that require much Leasure and Application. But as his Parts were quick, and his Apprehensions lively, his Me∣mory great, and his Judgements strong; so his Industry was al∣most Indefatigable. He rose al∣ways betimes in the Morning, was never idle, scarce ever held any discourse about Newes, ex∣cept with some few in whom he confided entirely. He entered into no Correspondence by Let∣ters, except about necessary Bu∣siness, or matters of Learning, and spent very little time in Eat∣ing or Drinking; for as he never went to publick Feasts, so he gave no Entertainments but to the Poor; for he followed our Saviour's direction, (of feasting none but these) literally: And
in Eating and Drinking, he ob∣served not only great Plainness and Moderation, but lived so Philosophically, that he always en∣ded his Meal, with an Appetite: So that he lost little time at it; (that being the only Portion which he grudged himself) and was disposed to any Exercise of his mind, to which he thought fit to apply himself, immediate∣ly after he had Dined: by these means he gained much time, that is otherwise unprofitably wa∣sted.
He had also an admirable equa∣lity in the temper of his mind, which disposed him for what ever Studies he thought fit to turn him∣self to; And some very uneasy things which he lay under for ma∣ny years, did rather engage him to, than distract him from his Studies.
When he was called to the Barr, and began to make a Fi∣gure in the World, the late un∣happy Warrs broke out, in which it was no easie thing, for a Man to preserve his Integrity, and to live, Securely, free from great danger and trouble. He had read the Life of Pomponius Atticus, Writ by Nepos, and having ob∣served, that he had passed through a time of as much Distraction, as ever was in any Age or State, from the Wars of Marius and Scilla, to the beginnings of Au∣gustus his Reign, without the least blemish on his Reputation, and free from any Considerable Danger, being held in great Esteem by all Parties, and cour∣ted and favoured by them: He set him as a Pattern to himself, and observing that besides those
Virtues which are necessary to all Men, and at all times, there were two things that chiefly preserved Atticus, the one was his engaging in no Faction, and medling in no publick Business, the other was his constant favouring and reliveing those that were low∣est, which was ascribed by such as prevailed to the Generosity of his Temper, and procured him much Kindness from those on whom he had exercised his Bounty, when it came to their turn to Govern: He resolved to guide himself by those Rules as much as was possible for him to do.
He not only avoided all pub∣lick Imployment, but the very talking of News, and was always both Favourable and Charitable to those who were deprest, and
was sure never to provoke any in particular, by censuring or re∣flecting on their Actions; for ma∣ny that have Conversed much with him, have told me they ne∣ver heard him once speak ill of any Person.
He was imployed in his pra∣ctice by all the Kings party: He was assigned Council to the Earl of Strafford, and Arch Bishop Laud▪ and afterwards to the Blessed King himself, when brought to the infamous Pageantry of a Monk▪Tryal, and offered to plead for him with all the Courage, that so Glorious a Cause ought to have inspired him with, but was not suffered to appear, because the King refusing, as he had good reason, to submit to the Court▪ it was pretended none could be admitted to speak for him. He
was also Council for the Duke of Hamilton, the Earl of Holland, and the Lord Capel: His Plea for the former of these I have published in the Memoires of that Dukes life. Afterwards also being Council for the Lord Craven, he pleaded with that force of Argument, that the then Attorney General, threatned him for appearing a∣gainst the Government, to whom he answered, he was Pleading in defence of those Laws, which they de∣clared they would maintain and pre∣serve, and he was doing his duty to his Client, so that he was not to be daun∣ted with Threatnings.
Upon all these occasions he had discharged himself with so much Learning, Fidelity, and Courage, that he came to be ge∣nerally imployed for all that Par∣ty; Nor was he satisfied to ap∣pear
for their just Defence in the way of his Profession, but he al∣so relieved them often in their Necessities; which he did in a way that was no less Prudent than Charitable, considering the dan∣gers of that time: for he did often deposite considerable Sums in the hands of a Worthy Gentleman of the Kings Party, who knew their Necessities well, and was to Dis∣tribute his Charity according to his own Discretion, without ei∣ther letting them know, from whence it came, or giving him∣self any Account to whom he had given it.
Cromwell seeing him possest of so much Practice, and he being one of the Eminentest Men of the Law, who was not at all affraid of doing his duty in those Critical times; resolved to take him off
from it, and raise him to the Bench.
Mr. Hale saw well enough the Snare laid for him, and though he did not much consider the pre∣judice it would be to himself, to Exchange the easie and safer pro∣fits he had by his Practice, for a Iudges place in the Common-Pleas, which he was required to accept of, yet he did deliberate more on the Lawfulness of taking a Com∣mission from Usurpers; but having considered well of this, he came to be of opinion, that it being absolutely necessary, to have Iustice and Proper∣ty kept up at all times: It was no Sin to take a Commission from Usur∣pers, if he made no Declaration of his acknowledging their Authority, which he never did: He was much urged to Accept of it by some Eminent Men of his own
Profession, who were of the Kings Party, as Sir Orlando Bridge∣man, and Sir Geoffery Palmer; and was also satisfied concerning the lawfulness of it, by the resoluti∣on of some famous Divines, in particular Dr. Sheldon, and Dr. Henchman, who were afterwards promoted to the Sees of Canter∣bury and London.
To these were added the im∣portunities of all his Friends, who thought that in a time of so much Danger and Oppression, it might be no small Security to the Nation, to have a Man of his Integrity and Abilities on the Bench: and the Usurpers them∣selves held him in that Estimati∣on, that they were glad to have him give a Countenance to their Courts, and by promoting one that was known to have different
Principles from them; Affected the Reputation of Honouring and trusting men of Eminent Virtues, of what perswasion soever they might be, in relation to publick Matters.
But he had greater Scruples concerning the proceeding against Felons, and putting offenders to Death by that Commission, since he thought the Sword of Justice belonging only by right to the lawful Prince, it seemed not warrantable to proceed to a Ca∣pital Sentence by an Authority derived from Usurpers; yet at first he made distinction between common and ordinary Felonies, and offences against the State, for the last he would never meddle in them; for he thought these might be often legal and warran∣table Actions, and that the put∣ting
Men to Death on that ac∣count was Murder; but for the ordinary Felonies, he at first was of opinion that it was as necessa∣ry even in times of Usurpation to Execute Justice in those cases, as in the matters of property; For after the King was Murthered, he laid by all his Collections of the Pleas of the Crown, and that they might not fall into ill hands, he hid them behind the Wainscot∣ting of his Study, for he said there was no more occasion to use them, till the King should be again restored to his Right, and so upon his Majesties Restoration he took them out, and went on in his design to perfect that great Work.
Yet for some time after he was made a Iudge, when he went the Circuit, he did sit on the
Crown Side, and Judged Cri∣minals: But having considered farther of it, he came to think that it was at least better not to do it; and so after the Second or Third Circuit, he refused to sit any more on the Crown Side, and told plainly the reason, for in matters of Blood, he was always to choose the safer Side: And in∣deed he had so carried himself in some Tryals, that they were not unwilling he should withdraw from medling farther in them, of which I shall give some in∣stances.
Not long after he was made a Iudge, which was in the year 1653, when he went the Cir∣cuit, a Tryal was brought before him at Lincoln, concerning the Murther of one of the Towns∣men, who had been of the Kings
Party, and was Killed by a Soul∣dier of the Garrison there. He was in the Fields with a Fowling piece on his Shoulder, which the Souldier seeing, he came to him and said, it was contrary to an Order which the Protector had made, That none who had been of the Kings Party should carry Armes, and so he would have forced it from him; But as the other did not re∣gard the Order, so being stron∣ger than the Souldier, he threw him down and having beat him, he left him: The Souldier went into the Town, and told one of his fellow Souldiers how he had been used, and got him to go with him, and lie in wait for the Man that he might be revenged on him. They both watched his coming to Town, and one of them went to him to demand his
Gun, which he refusing, the Sol∣dier struck at him, and as they were strugling, the other came behind, and ran his Sword into his Body, of which he presently died. It was in the time of the Assizes, so they were both Tried: Against the one there was no E∣vidence of forethought Felony, so he was only found guilty of Man-Slaughter, and Burnt on the Hand; But the other was found guilty of Murther: And though Collonel Whaley thatCommanded the Garrison, came into the Court and urged, that the Man was Killed only for disobeying the Protectors Or∣ders, and that the Soldier was but do∣ing his Duty; yet the Iudge regar∣ded both his Reasons and Threat∣nings very little, and therefore he not only gave Sentence against him, but ordered the Execution
to be so suddenly done, that it might not be possible to procure a Reprieve, which he believed would have been obtained, if there had been time enough gran∣ted for it.
Another occasion was given him of shewing both his Justice and Courage, when he was in a∣nother Circuit; he understood that the Protector had ordered a Iury to be returned for a Tryal in which he was more than ordina∣rily concerned: upon this infor∣mation, he Examined the Sheriff about it, who knew nothing of it, for he said he referred all such things to the under-Sheriff, and having next asked the under-She∣riff concerning it, he found the Iury had been returned by order from Cromwell; Upon which he shewed the Statute, that all Iuries
ought to be returned by the She∣riff or his lawful Officer; And this not being done according to Law, he dismissed the Iury, and would not try the Cause: Upon which the Protector was highly displeased with him, and at his return from the Circuit, he told him in Anger he was not fit to be a Iudge, to which all the An∣swer he made was, That it was very true.
Another thing met him in the Circuit, upon which he resolved to have proceeded severely: Some Anabaptists had rushed into a Church, and had disturbed a Con∣gregation, while they were re∣ceiving the Sacrament, not with∣out some Violence; At this he was highly offended, for he said it was intolerable for men, who pre∣tended to highly so liberty of Consci∣ence,
to go and disturb others; Es∣pecially those who had the Incourage∣ment of the Law on their side: but these were so supported by some great Magistrates and Officers, that a stop was put to his proceedings; upon which he declared, he would medle no more with the Tryals on the Crown-side.
When Penruddocks Tryal was brought on, there was a special Messenger sent to him requiring him to assist at it. It was in Vacati∣on time, and he was at his Coun∣try-House at Alderly: he plainly re∣fused to go, and said, the four Terms, and two Circuits, were enough, and the little Interval that was between, was little enough for their private affairs, and so he excused himself; he thought it was not necessary to speak more clearly, but if he had been urged to it, he
would not have been affraid of doing it.
He was at that time chosen a Parliament-Man, (for there being then no House of Lords, Iudges might have been chosen to sit in the House of Commons) and he went to it, on design to ob∣struct the Mad and Wicked pro∣jects then on foot, by two par∣ties, that had very different Prin∣ciples and ends.
On the one hand, some that were perhaps more sincere, yet were really Brain-sick, designed they knew not what, being re∣solved to pull down a Standing Ministry, the Law, and property of England, and all the Ancient Rules of this Government, and set up in its room an Indigested Enthusiastical Scheme, which they called the Kingdom of Christ, or
of his Saints; many of them be∣ing really in expectation, that one day or another Christ would come down, and sit among them, and at least they thought to be∣gin the glorious Thousand years, mentioned in the Revelation.
Others at the same time, take∣ing advantages from the Fears and Apprehensions, that all the sober Men of the Nation were in, lest they should fall under the Tyranny of a distracted sort of People, who to all their other ill Principles, added great Cruelty, which they had Copied from those at Munster in the former Age, Intended to improve that opportunity to raise their own Fortunes and Families. Amidst these, Iudge Hale steered a mid∣dle Course; for as he would en∣gage for neither side, so he with
a great many more Worthy men came to Parliaments, more out of a design to hinder Mischief, than to do much good; wisely foreseeing, that the Inclinations for the Royal Family were daily growing so much, that in time the disorders then in Agitation, would ferment to that happy Resolution, in which they determined in May, 1660. And therefore all that could be then done, was to op∣pose the ill designs of both Par∣ties, the Enthusiasts as well as the Usurpers. Among the other ex∣travagant Motions made in this Parliament, one was, to destroy all the Records in the Tower, and to settle the Nation on a New-Foundati∣on; so he took this Province to himself, to shew the Madness of this Proposition, the Injustice of it, and the Mischeifs that would
follow on it, and did it with such Clearness, and strength of Rea∣son, as not only satisfied all so∣ber Persons (for it may be sup∣posed that was soon done) but stopt even the Mouths of the fran∣tick people themselves,
Thus he continued admini∣string Justice till the Protector died, but then he both refused the Mournings that were sent to him and his Servants for the Fu∣neral, and likewise to accept of the New Commission th•••• was offered him by Richard, and when the rest of the Iudges urged it upon him, and imployed others to press him to accept of it, he rejected all their Importunities, and said he could act no longer under such Authority▪
He lived a private man till the Parliament met that called
home the King, to which he was returned Knight of the Shire from the County Glocester. It ap∣peared at that time how much he was beloved and Esteemed in his Neighborhood, for though a∣nother who stood in Competition with him had spent near a Thou∣sand pounds to procure Voices, a great Sum to be imployed that way in those days, and he had been at no cost, and was so far from sol∣liciting it, that he had stood out long against those who press'd him to appear, and he did not promise to appear till three days before the Election, yet he was preferred. He was brought thither almost by Violence, by the Lord (now Earl of) Berkeley, who bore all the charge of the Entertainments on the day of his Election, which was considerable, and had en∣gaged
all his Friends and Interest for him: and whereas by the Writ, the Knight of a Shire must be Miles gladio cinctus, and he had no Sword, that Noble Lord girt him with his own Sword during the Election, but he was soon weary of it, for the Imbro∣dery of the Belt, did not sute well with the plainness of his Clothes: and indeed the Electi∣on did not hold long, for as soon as ever he came into the Field, he was chosen by much the grea∣ter Number, though the Poll continued for three or four days.
In that Parliament he bore his share, in the happy period then put to the Confusions that threat∣ned the utter Ruin of the Nati∣on, which contrary to the Ex∣pectations of the most Sanguine,
setled in so serene and quiet a manner, that those who had for∣merly built so much on their Suc∣cess, calling it an Answer from Heaven to their solemn Appeals, to the providence of God, were now not a little Confounded, to see all this turned against them∣selves, in an instance much more extraordinary than any of those were, upon which they had built so much. His great Prudence and Excellent temper led him to think, that the sooner an Act of Indem∣nity were passed, and the fuller it were of Graces and Favours, it would sooner settle the Nati∣on, and quiet the minds of the People; and therefore he appli∣ed himself with a particular care to the framing and carrying it on: In which it was visible he had no concern of his own,
but merely his love of the Pub∣lick that set him on to it.
Soon after this, when the Courts in Westminster-Hall came to be set∣led, he was made Lord Cheif Baron; and when the Earl of Cla∣rendon (then Lord Chancellor) de∣livered him his Commission, in the Speech he made according to the Custome on such Occasi∣ons, he expressed his Esteem of him in a very singular manner, telling him among other things, that if the King could have found out an honester and fitter Man for that Imployment, he would not have advanced him to it; and that he had therefore preferred him, because he knew none that deserved it so well. It is ordinary for Persons so pro∣moted to be Knighted, but he desired to avoid having that Ho∣nour done him, and therefore for
a Considerable time declined all opportunities of waiting on the King, which the Lord Chancellor observing, sent for him upon Bu∣siness one day, when the King was at his House, and told his Majesty there was his modest Chief Baron, upon which, he was unexpect∣edly Knighted.
He continued Eleven Years in that place, Managing the Court, and all Proceedings in it with sin∣gular Justice. It was observed by the whole Nation, how much he raised the Reputation and Practice of it: And those who held Places, and Offices in it, can all declare, not only the Impar∣tiality of his Justice, for that is but a common Virtue, but his Generosity, his vast Diligence, and his great Exactness in Tryals. This gave occasion to the only
Complaint that ever was made of him, That he did not dispatch Mat∣ters quick enough; but the great care he used, to put Suits to a final End, as it made him slower in deciding them; so it had this good Effect, that Causes tryed before him, were seldom if ever tryed again.
Nor did his Administration of Justice lie only in that Court: He was one of the principal Iudges that sate in Cliffords-Inn, about set∣ling the difference between Land∣lord and Tenant, after the Dread∣ful Fire of London. He being the first that offered his Service to the City, for accommodating all the differences that might have arisen about the Rebuilding it, in which he behaved himself to the satis∣faction of all Persons concerned; So that the suddain and quiet Buil∣ding
of the City, which is justly to be Reckoned one of the Won∣ders of the Age, is in no small Measure due to the great care, which he and Sir Orlando Bridge-man, (then Lord Cheif Iustice of the Common-Plea's afterwards Lord Keeper of the great Seal of Eng∣land) used, and to the Judgment they shewed in that Affair: since without the Rules then laid down, there might have otherwise fol∣lowed such an endless train of vex∣atious Suits, as might have been lit∣tle less chargeable than the Fire it self had been. But without detract∣ing from the Labours of the other Iudges, it must be acknowledged that he was the most instrumen∣tal in that great work; for he first by way of Scheme, contri∣ved the Rules upon which he and the rest proceeded afterwards;
in which his readiness at Arith∣metick, and his skill in Architecture were of great use to him.
But it will not seem strange that a Iudge behaved himself as he did, who at the Entry into his Imployment, set such excel∣lent Rules to himself, which will appear in the following Paper Copied from the Original under his own hand.
He would never receive private Addresses or Recommendations from the greatest Persons in any mat∣ter, in which Iustice was Concer∣ned. One of the first Peers of
England went once to his Cham∣ber and told him, that having a Suite in Law to be tryed before him, he was then to acquaint him with it, that he might the better understand it, when it should come to be heard in Court. Upon which the Lord Cheif Baron interupted him, and said he did not deal fairly to come to his Chamber about such Affairs, for he never received any Information of Causes but in open Court, where both Parties were to be heard alike, so he would not suffer him to go on: Whereupon his Grace (for he was a Duke) went away not a little dissatisfied, and com∣plained of it to the King, as a Rudeness that was not to be en∣dured. But his Majesty bid him content himself that he was no worse used, and said, he verily believed he would have used himself no better, if
he had gone to sollicite him in any of his own Causes.
Another passage fell out in one of his Circuits, which was somewhat censured as an affecta∣tion of an unreasonable strictness, but it flowed from his Exactness to the Rules he had set him self: A Gentleman had sent him a Buck for his Table, that had a Trial at the Assizes; So when he heard his Name, he asked if he was not the same Person that had sent him Venison, and finding he was the same, he told him, he could not suffer the Trial to go on, till he had paid him for his Buck; to which the Gentleman answered, that he never sold his Venison, and that he had done nothing to him, which he did not do to every Iudge that had gone that Circuit, which was confirmed by several Gentlemen then present:
but all would not do, for the Lord Cheif Baron had learned from Solomon, that a gift perverteth the ways of Iudgment, and therefore he would not suffer the Trial to go on, till he had paid for the pre∣sent; upon which the Gentleman withdrew the Record; and at Salisbury the Dean and Chapter ha∣ving according to the Custom pre∣sented him with six Sugar Loaves in his Circuit, he made his Ser∣vants pay for the Sugar before he would try their Cause.
It was not so easie for him to throw off the importunities of the Poor, for whom his Compassion wrought more powerfully than his regard to Wealth and Great∣ness, yet when Justice was con∣cerned, even that did not turn him out of the way. There was one that had been put out of a
place for some ill behaviour, who urged the Lord Cheif Baron to set his hand to a Certificate, to re∣store him to it, or provide him with an other: But he told him plain∣ly his fault was such that he could not do it; the other pressed him vehemently and fell down on his knees, and begged it of him with many Tears; but finding that could not prevail, he said he should be utterly Ruined if he did it not; and he should Curse him for it every day. But that having no Effect, then he fell out into all the re∣proachful words, that Passion and Despair could inspire him with, to which all the answer the Lord Cheif Baron made, was, that he could very well bear all his Re∣proaches, but he could not for all that set his hand to his Certificate. He saw he was Poor, so he gave
him a large Charity and sent him away.
But now he was to go on after his Pattern, Pomponius Atticus, still to favour and relieve them that were lowest; So besides great Charities to the Nonconfor∣mists, who were then as he thought too hardly used, he took great care to cover them all he could, from the Severities some designed against them, and discouraged those who were in∣clined to stretch the Laws too much against them: He lamen∣ted the differences that were rai∣sed in this Church very much, and according to the Impartiality of his Justice, he blamed some things on both sides, which I shall set down with the same freedom that he spake them. He thought many of the Nonconformists; had
merited highly in the Business of the Kings Restauration, and at least deserved that the terms of Conformity should not have been made stricter, than they were be∣fore the War. There was not then that dreadful prospect of Po∣pery, that has appeared since: But that which afflicted him most was, that he saw the Heats and Contentions which followed upon those different Parties and Interests, did take People off from the In∣dispensable things of Religion, and slackned the Zeal of other ways Good men for the substance of it, so much being spent about Exter∣nal and Indifferent things. It al∣so gave advantages to Atheists, to treat the most Sacred Points of our holy Faith, as Ridiculous, when they saw the Professors of it contend, so fiercely, and with
such bitterness, about lesser Matters: He was much offended at all those Books that were written, to expose the contrary Sect to the scorn and contempt of the Age in a wanton and petulant Style; He thought such Writers woun∣ded the Christian Religion, through the sides of those who differed from them: while a sort of lewd People, who having assumed to themselves the Title of the Witts (though but a very few of them have a right to it) took up from both hands, what they had said, to make one another shew Ridi∣culous, and from thence perswa∣ded the World to laugh at both, and at all Religion for their sakes. And therefore he often wished there might be some Law, to make all Scurrility or Bitterness in Disputes about Religion punishable▪
But as he lamented the procee∣dings too rigourously against the Nonconformists, so he declared himself always of the side of the Church of England, and said those of the Separation were good Men, but they had narrow Soules, who would break the Peace of the Church, about such inconsiderable Matters, as the points in difference were.
He scarce ever medled in State Intrigues, yet upon a Propositi∣on that was set on foot by the Lord Keeper Bridgeman, for a Com∣prehension of the more moderate Dissenters, and a limited Indulgence towards such as could not be brought within the Comprehen∣sion, he dispensed with his Max∣ime, of avoiding to engage in Mat∣ters of State. There were se∣veral Meetings upon that occa∣sion.
The Divine of the Church of England that appeared most considerably for it, was Doctor Wilkins, afterwards promoted to the Bishoprick of Chester, a Man of as great a Mind, as true a Judg∣ment, as eminent Virtues, and of as good a Soul, as any I ever knew. He being determined as well by his excellent temper, as by his Foresight and Prudence, by which he early perceived the great Prejudices that Religion re∣ceived, and the vast Dangers the Reformation was like to fall under by those Divisions; set a∣bout that project with the Mag∣nanimity that was indeed pecu∣liar to himself; for though he was much Censured by many of his own side, and seconded by very few, yet he pushed it as far as he could: After several Conferences
with two of the Eminentest of the Presbiterian Divines, Heads were agreed on, some Abatements were to be made, and Explanati∣ons were to be accepted of. The particulars of that Project being thus concerted, they were brought to the Lord Cheif Baron, who put them in form of a Bill, to be presented to the next Sessions of Parliament.
But two Parties appeared vi∣gorously against this Design, the one was of some zealous Clergy-men, who thought it below the Dignity of the Church to alter Laws, and change Setlements for the sake of some whom they Esteemed Schismaticks: They al∣so believed, it was better to keep them out of the Church, than bring them into it, since a Facti∣on upon that would arise in the
Church, which they thought might be more Dangerous than the Schism it self was. Besides they said, if some things were now to be changed in Comply∣ance with the humour of a party, as soon as that was done, another party might demand other Con∣cessions, and there might be as good reasons invented for these as for those: Many such Concessi∣ons might also shake those of our own Communion, and tempt them to forsake us, and go over to the Church of Rome, pretending that we changed so often, that they were thereby inclined to be of a Church, that was constant and true to her self. These were the rea∣sons brought, and cheifly insisted on against all Comprehension; and they wrought upon the greater part of the House of Commons, so
that they passed a Vote against the receiving of any Bill for that Effect.
There were others that op∣posed it upon very different ends: They designed to shelter the Pa∣pists from the Execution of the Law, and saw clearly that no∣thing could bring in Popery so well as a Toleration. But to tolerate Popery bare-faced, would have startled the Nation too much; so it was Necessary to hinder all the Propositions for Union, since the keeping up the differences was the best Colour they could find, for getting the Tolleration to pass only as a slackning the Laws a∣gainst Dissenters, whose Num∣bers and Wealth made it advise∣able to have some regard to them; and under this pretence Popery might have crept in more
covered, and less regarded: So these Councils being more ac∣ceptable to some concealed Papists then in great Power, as has since appeared but too Evidently, the whole Project for Comprehension was let fall, and those who had set it on foot, came to be look∣ed on with an ill eye, as secret Favourers of the Dissenters, Un∣derminers of the Church, and evey thing else that Jealousie and dis∣taste could cast on them.
But upon this occasion the Lord Cheif Baron, and Dr. Wilkins, came to contract a firm and familiar Friendship; and the Lord Cheif Baron having much Business, and little time to spare, did to enjoy the other the more, what he had scarce ever done before, he went sometimes to Dine with him. And though he lived in
great Friendship with some other eminent Clergy-men, as Dr. Ward, Bishop of Salisbury; Dr. Barlow, Bishop of Lincoln; Dr. Barrow, late Master of Trinity Colledge; Dr. Tillotson, Dean of Canterbury; and Dr. Stillingfleet, Dean of St. Pauls, (Men so well known and so much Esteemed, that as it was no wonder the Lord Cheif Baron valued their Conversation highly, so those of them that are yet alive will think it no lessening of the Character they are so deservedly in, That they are reckoned a∣mong Iudge Hale's Friends) yet there was an intimacy and free∣dom in his converse with Bishop Wilkins that was singular to him alone: He had during the late Wars, lived in a long and entire Friendship with the Apostolical Primate of Ireland Bishop Usher:
Their curious searches into An∣tiquity, and the Sympathy of both their Tempers led them to a great Agreement almost in every thing. He held also great Conversation with Mr. Baxter, who was his Neighbour at Acton, on whom he looked as a Person of great Devotion and Piety, and of a very subtile and quick Apprehen∣sion: their Conversation lay most in Metaphysical and abstracted Idea's and Schemes.
He looked with great Sorrow on the Impiety and Atheism of the Age, and so he set himself to oppose it, not only by the shining Example of his own Life, but by engaging in a Cause, that indeed could hardly fall in∣to better hands: And as he could not find a Subject more worthy of himself, so there were few in
the Age that understood it so well, and could manage it more Skilfully. The occasion that first led him to Write about it was this. He was a strict observer of the Lords Day, in which, besides his constancy in the publick Wor∣ship of God, he used to call all his Family together, and repeat to them the Heads of the Sermons, with some Additions of his own, which he fitted for their Capacities, and Circum∣stances, and that being done, he had a Custome of shutting him∣self up for two or three Hours, which he either spent in his secret Devotions, or on such profitable Meditations as did then occur to his thoughts: He writ them with the same simplicity that he for∣med them in his Mind, without any Art, or so much as a thought
to let them be published: He never Corrected them, but laid them by, when he had finished them, having intended only to fix and preserve his own Re∣flections in them; So that he used no sort of care to polish them, or make the first draught perfecter than when they fell from his Pen: These fell into the hands of a worthy Person, and he judging, as well he might, that the Communicating them to the World, might be a publick ser∣vice, Printed two Volumes of them in Octavo a little before the Authors Death, Containing his
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In them there appears a Gene∣rous and true Spirit of Religion, mixt with most serious and fer∣vent Devotion, and perhaps with the more advantage, that the Stile wants some Correction, which shews they were the ge∣nuine Productions of an excel∣lent Mind, entertaining it self in secret with such Contemplations. The Stile is clear and Masculine, in a due temper between flatness and affectation, in which he ex∣presses his thoughts both easily and decently: In writing these Discourses, having run over most of the Subjects that his own Cir∣cumstances led him chiefly to consider, he began to be in some
pain to chuse new Arguments; and therefore resolved to fix on a Theam that should hold him longer.
He was soon determined in his Choice, by the immoral and ir∣religious Principles and Practices, that had so long vexed his Righ∣teous Soul: And therefore began a great design against Atheisme, the first part of which is only Printed, of the Origination of Man∣kind, designed to prove the Crea∣tion of the World, and the truth of the Mosaical History.
The Second part was of the Nature of the Soul, and of a future State.
The Third part was concerning the Attributes of God, both from the abstracted Idea's of him, and the Light of Nature; the Evidence of Providence, the notions of Morali∣ty,
and the voice of Conscience.
And the Fourth part was con∣cerning the Truth and Authority of the Scriptures, with Answers to the Objections against them: On wri∣ting these he spent Seven years. He Wrote them with so much Consideration, that one who per∣used the Original under his own hand, which was the first draught of it; told me, he did not re∣member of any considerable Alte∣ration, perhaps not of twenty words in the whole Work.
The way of his Writing them, only on the Evenings of the Lords Day, when he was in Town, and not much oftner when he was in the Country, made, that they are not so contracted, as it is ve∣ry likely he would have writ them, if he had been more at lei∣sure to have brought his thoughts
into a narrower Compass, and fewer words.
But making some Allowance for the largeness of the Stile, that Volum that is Printed, is gene∣rally acknowledged to be one of the perfectest pieces both of Lear∣ning and Reasoning that has been Writ on that Subject: And he who read a great part of the o∣ther Volumes told me, they were all of a piece with the first.
When he had finished this Work, he sent it by an unknown hand to Bishop Wilkins, to desire his Judgment of it; But he that brought it, would give no other Account of the Authour, but that he was not a Clergy man. The Bishop, and his worthy Friend Dr. Tillotson, read a great deal of it with much pleasure, but could not imagine who could be the
Author, and how a Man that was Master of so much Reason, and so great a variety of Know∣ledge, should be so unknown to them, that they could not find him out, by those Characters, which are so little Common. At last Dr. Tillotson guessed it must be the Lord Cheif Baron, to which the other presently agreed, won∣dring he had been so long in finding it out. So they went im∣mediately to him, and the Bishop thanking him for the Entertain∣ment he had received from his Works, he blushed extreamly, not without some displeasure, appre∣hending that the Person he had trusted had discovered him. But the Bishop soon cleared that, and told him, he had discovered himself, for the learning of that Book was so various, that none but he
could be the Author of it. And that Bishop having a freedom in de∣livering his opinion of things and Persons, which perhaps few ever managed both with so much plainness and Prudence, told him, there was nothing could be better said on these Arguments, if he could bring it into a less Compass, but if he had not leisure for that, he thought it much better to have it come out, though a little too large, than that the World should be deprived of the good which it must needs do. But our Iudge, had never the opportunities of revising it, so a little before his Death, he sent the first part of it to the Press.
In the beginning of it, he gives an Essay of his Excellent way of Methodizing things, in which he was so great a Master, that whatever he undertook, he would
presently cast into so perfect a Scheme, that he could never af∣terwards Correct it: He runs out Copiously upon the Argu∣ment of the Impossibility of an Eternal Succession of Time, to shew that Time and Eternity are incon∣sistent one with another; And that therefore all Duration that was past, and defined by Time, could not be from Eternity, and he shews the difference between successive Eternity already past, and one to come; So that though the latter is possible, the former is not so; for all the parts of the former have actually been, and therefore being defined by Time, cannot be Eternal; whereas the other are still future to all Eternity, so that this reasoning can∣not be turned to prove the possi∣bility of Eternal Successions, that
have been, as well as Eternal Suc∣cessions that shall be. This he fol∣lows with a Strength, I never met with in any that Managed it before him.
He brings next all those Mo∣ral Arguments, to prove that the World had a beginning; agreeing to the Account Moses gives of it, as that no History rises higher, than near the time of the Deluge; and that the first Foundation of King∣doms, the Invention of Arts, the Beginnings of all Religions, the gradual Plantation of the World, and Increase of Mankind, and the Consent of Nations do agree with it. In managing these, as he shews profound Skill both in Historical, and Philosophical Learning, so he gives a Noble Discovery of his great Candor and Probity, that he would not Impose on the Rea∣der
with a false shew of reasoning by Arguments, that he knew had Flawes in them; and therefore upon every one of these, he adds such Allays, as in a great mea∣sure lessened and took off their force, with as much Exactness of Judgment, and strictness of Cen∣sure, as if he had been set to Plead for the other Side: And indeed Sums up the whole Evidence for Religion, as impartially as ever he did in a Tryal for Life or Death to the Iury; which how Equally and Judiciously he al∣ways did, the whole Nation well knows.
After that, he Examines the Ancient Opinions of the Philosophers, and inlarges with a great variety of curious Reflections in answer∣ing that only Argument, that has any appearance of Strength for
the Casual production of Man, from the origination of Insects out of putrified Matter, as is commonly supposed, and he concluded the Book, shewing how Rational and Philosophical the Account which Moses gives of it is. There is in it all a sagacity and quickness of Thought, mixed with great and curious Learning, that I confess I never met together in any other Book on that Subject: Among other Conjectures, one he gives concerning the Deluge is, that he did not think the Face of the Earth and the Waters, were altogether the same before the Universal Deluge, and after: But possibly the Face of the Earth was more even than now it is: The Seas possibly more dilated and extended, and not so deep as now▪ And a little after, possibly the Seas have undermined much of the appear∣ing
Continent of Earth. This I the rather take notice of, because it hath been since his Death, made out in a most Ingenious, and most Elegantly Writ Book, by Mr. Burnet of Christ's Colledge in Cam∣bridge, who has given such an Essay towards the proving the possibility of an universal Deluge, and from thence, has Collected with great Sagacity what Para∣dise was before it, as has not been offered by any Philosopher before him.
While the Iudge was thus im∣ploying his time, the Lord Ch. Iust. Keyling dying, he was on the 18th. of May 1671, promoted to be Lord Cheif Iustice of England. He had made the Pleas of the Crown one of his Cheif Studies, and by much search, and long Obser∣vation, had Composed that
great Work concerning them, for∣merly mentioned: He that holds the high Office of Iusticiary in that Court, being the Cheif Trustee, and Assertor of the Liberties of his Countrey; all People applau∣ded this Choice, and thought their Liberties could not be better de∣posited than in the hands of one, that as he understood them well, so he had all the Justice and Cou∣rage, that so Sacred a Trust re∣quired. One thing was much ob∣served and commended in him, that when there was a great Ine∣quality in the Ability and Learning of the Councellors that were to Plead one against another: He thought it became him, as the Iudge, to Supply that; so he would enforce what the weaker Council managed but indifferently, and not suffer the more Learned to carry the
Business by the Advantage they had over the others in their quick∣ness and skill in Law, and readi∣ness in Pleading, till all things were cleared in which the Merits and Strength of the ill defended Cause lay. He was not satisfied barely to give his Judgment in Causes, but did especially in all Intricate ones, give such an Account of the Reasons that prevailed with him; that the Council did not only ac∣quiesce in his Authority, but were so convinced by his Reasons, that I have heard many profess that he brought them often to change their opinions; so that his giving of judg∣ment was really a learned Lecture upon that point of Law: and which was yet more, the Parties them∣selves, though Interest does too commonly corrupt the Judg∣ment, were generally satisfied
with the Justice of his decisions, e∣ven when they were made against them. His Impartial Justice, and great Diligence, drew the Cheif Practice after him, into whatsoever Court he came: since, though the Courts of the Common Pleas, the Ex∣chequer and the Kings-Bench, are ap∣pointed for the Tryal of Causes of different Natures, yet it is easie to bring most Causes into any of them, as the Council or Attornies please; so as he had drawn the bu∣siness much after him, both into the Common Pleas, and the Exche∣quer, it now followed him into the Kings-Bench, and many Cau∣ses that were depending in the Exchequer and not determined, were let fall there, and brought again before him in the Court to which he was now removed. And here did he spend the rest of
his publick Life and Imployment: But about Four years and a half after this Advancement, he who had hitherto enjoyed a firm and vigorous Health, to which his great Temperance, and the Equa∣lity of his Mind, did not a little conduce, was on a sudden brought very low by an Inflammation in his Midriff, which in two days time broke the Constitution of his Health to such a degree, that he never recovered it: He became so Asthmatical, that with great difficulty he could fetch his Breath, that determined in a Dropsie, of which he afterwards Died. He understood Physick so well, that considering his Age, he concluded his Distemper must carry him off in a little time; and therefore he resolved to have some of the last Months of his Life reserved to
himself, that being freed of all Worldly Cares, he might be pre∣paring for his Change: He was also so much disabled in his Bo∣dy, that he could hardly, though supported by his Servants, walk through Westminster-Hall, or en∣dure the Toile of Business; he had been a long time wearied with the distractions that his Im∣ployment had brought on him, and his Profession was become ungrateful to him; he loved to apply himself wholly to better Purposes, as will appear by a Pa∣per that he writ on this Subject, which I shall here Insert.
First, If I consider the Business of my Profession, whether as an Ad∣vocate, or as a Iudge, it is true I do acknowledge by the Institution of Al∣mighty God, and the Dispensation of his Providence, I am bound to In∣dustry
and Fidelity in it: And as it is an act of Obedience unto his Will, it carries with it some things of Reli∣gious Duty, and I may and do take Comfort in it, and expect a Reward of my Obedience to him, and the good that I do to Mankind therein, from the bounty and beneficence and pro∣mise of Almighty God; and it is true also that without such Imployments, civil Societies cannot be supported, and great good redounds to Mankind from them, and in these respects the Conscience of my own Industry, Fide∣lity and Integrity in them, is a great comfort and satisfaction to me. But yet this I must say concerning these Imployments, considered simply in themselves, that they are very full of Cares, Anxieties and Perturbati∣ons.
Secondly, That though they are beneficial to others, yet they are of the
least benefit to him that is imployed in them.
Thirdly, That they do necessarily involve the party, whose office it is, in great Dangers, Difficulties, and Calumnies.
Fourthly, That they only serve for the Meridian of this Life, which is short and uncertain.
Fifthly, That though it be my Duty, faithfully to serve in them, while I am called to them, and till I am duly called from them, yet they are great consumers of that little time we have here, which as it seems to me, might be better spent in a pious contemplative Life, and a due provi∣sion for Eternity: I do not know a better temporal Imployment than Martha had, in testifying her Love and Duty to our Saviour, by making provision for him, yet our Lord tells her, That though she was troubled a∣bout
many things, there was only one thing necessary, and Mary had cho∣sen the better part.
By this the Reader will see that he continued in his Station upon no other Consideration, but that being set in it by the providence of God, he judged he could not a∣bandon that Post which was assigned him, without preferring his own private Inclination to the Choice God had made for him; but now that same Providence having by this great Distemper dis∣engaged him from the Obligation of holding a Place, which he was no longer able to discharge, he resolved to resign it: This was no sooner surmised abroad, than it drew upon him the Importuni∣ties of all his Friends, and the clamour of the whole Town to divert him from it, but all was
to no purpose; there was but one Argument that could move him, which was, that he was ob∣liged to continue in the Imployment God had put him in for the good of the publick; but to this he had such an Answer, that even those who were most concerned in his with∣drawing, could not but see, that the reasons inducing him to it, were but too strong; so he made Applications to his Majesty for his Writ of Ease, which the King was very unwilling to grant him, and offered to let him hold his Place still, he doing what Business he could in his Chamber; but he said, he could not with a good Consci∣ence continue in it, since he was no longer able to discharge the Duty belonging to it.
But yet such was the General Satisfaction which all the King∣dom
received by his Excellent Administration of Justice, that the King, though he could not well deny his Request, yet he deferred the Granting of it as long as was possible: Nor could the Lord Chancellor be prevailed with to move the King to hasten his Discharge, though the Cheif Iustice often pressed him to it.
At last having wearied himself, and all his Friends, with his im∣portunate desires, and growing sensibly weaker in Body, he did upon the 21th. day of February, 28. Car. 2. Anno Dom. 1675/6. go before a Master of the Chancery, with a little Parchment Deed, drawn by Himself, and Written all with his own hand, and there Sea∣led and delivered it, and acknow∣ledged it to be Enrolled, and after∣wards he brought the Original
Deed to the Lord Chancellor, and did formally surrender his Office in these words.
Omnibus Christi fidelibus ad quos praesens Scriptura pervenerit, Matheus Hale, miles Capitalis Iusticiarius Domini Regis ad placita-coram ipso Rege tenenda assignatas Salu••em in Domino Sempiternam, Noveritis me praefatum Matheum Hale, militem jam senem factum & Variis Corporis mei Senilis morbis & infirmitatibus dire Laborantem & adhuc Detentum. Hâc Chartâ mea Resignare & sursum reddere Serenissimo Domino Nostro Carolo Secundo Dei Gratià Angliae Scotiae Franciae & Hiberniae, Regi, Fidei Defensori, &c. Predictum Offici∣um Capitalis Iusticiarii ad plac••ta coram ipso Rege tenenda, humillime pe∣tens quod hoc Scriptum irrotaletur de Recordo. In cujus rei Testimo∣nium
huic chartae meae Resignationis Sigillum meum apposui, Dat vicesi∣mo primo Die Februarii Anno Regni¦dict. Dom. Regis nunc Vicesimo Octavo.
He made this Instrument as he told the L. Chancellor for two End••, the one was to shew the World his own free Concurrence to his Re∣moval: Another was to obviate an Objection heretofore made, that a Cheif Iustice being placed by Writ, was not removable at plea∣sure, as Iudges by Patent were; Which opinion, as he said, was once held by his Predecessor the Lord Cheif Iustice Keyling, and though he himself were always of another opinion, yet he thought it reasonable to prevent such a Scruple.
He had the day before sur∣rendered
to the King in Person, who parted from him with great Grace, wishing him most hear∣tily the return of his Health, and assuring him that he would still look upon him as one of his Iudges, and have recourse to his Advice when his Health would permit, and in the mean time would continue his Pen∣sion during his Life.
The Good man thought this Bounty too great, and an ill Pre∣cedent for the King, and there∣fore Writ a Letter to the Lord Treasurer, earnestly desiring that his Pension might be only during Pleasure, but the King would grant it for Life, and make it payable Quarterly.
And yet for a whole Month to∣gether, he would not suffer his Servant to Sue out his Patent for his Pension, and when the first
Payment was received, he orde∣red a great part of it to Charitable Uses, and said, he intended most of it should be so Employed as long as it was paid him.
At last he happened to Die upon the Quarter day, which was Christmas day, and though this might have given some oc∣casion to a dispute whither the Pension for that Quarter were recoverable, yet the King was pleased to decide that Matter a∣gainst himself, and ordered the Pension to be paid to his Execu∣tors.
As soon as he was discharged from his great Place, he returned home with as much Chearful∣ness, as his want of Health could admit of, being now eased of a Burthen he had been of late groaning under, and so made
more capable of Enjoying that which he had much wished for, according to his Elegant Tran∣slation of, or rather Paraphrase upon, those excellent Lines in Se∣neca's Thyestes. Act. 2.
Having now attained to that Privacy, which he had no less seriously than piously wished for, he called all his Servants that had belonged to his Office together, and told them, he had now laid down his Place, and so their Imploy∣ments were determined; upon that, he advised them to see for them∣selves, and gave to some of them very considerable Presents, and to every one of them a Token, and so dismissed all those that were not his Domesticks: He was discharged the fifteenth of February, 1675/6; And lived till the Christmas following, but all the while was in so ill a State of Health, that there was no hopes of his Recovery: he continued still to retire often, both for his Devotions and Studies, and as long as he could go, went con∣stantly
to his Closse••, and when his Infirmities encreased on him, so that he was not able to go thither himself, he made his Servants carry him thither in a Chair. At last, as the Winter came on, he saw with great Joy his delive∣rance approaching, for besides his being weary of the World, and his longings for the Blessedness of another State, his Pains encreased so on him, that no Patience in∣feriour to his could have born them without a great uneasiness of mind; yet he expressed to the last such submission to the will of God, and so equal a Temper un∣der them, that it was visible then what mighty Effects his Philoso∣phy and Christianity had on him, in supporting him under such a heavy Load.
He could not lie down in Bed
above a Year before his Death, by reason of the Asthma, but sat, rather than lay in it.
He was attended on in his Sick∣ness, by a Pious and Worthy Di∣vine Mr. Evan Griffith, Minister of the Parish; and it was observed that in all the Extremities of his Pain, when ever he Prayed by him, he forbore all Complaints or Groans, but with his Hands and Eyes lifted up, was fixed in his Devotions: Not long before his Death, the Minister told him, there was to be a Sacrament next Sunday at Church, but he believed he could not come and partake with the rest; therefore he would give it to him in his own House: But he answered, No; his Heavenly Father had prepared a Feast for him, and he would go to his Fathers House to partake of it: So he made himself
be carried thither in his Chair, where he received the Sacrament on his Knees, with great Devo∣tion, which it may be supposed was the greater, because he ap∣prehended it was to be his Last, and so took it as his Viaticum and Provision for his Journey. He had some secret unaccountable Presages of his Death, for he said, that if he did not Die on such a day, (which fell to be the 25th. of November) he believed he should Live a Month longer, and he Died that very day Month. He con∣tinued to enjoy the free use of his Reason and Sence to the last Moment, which he had often and earnestly Prayed for during his Sickness: And when his Voice was so sunk that he could not be heard, they perceived by the almost constant lifting up of
his Eyes and Hands, that he was still Aspiring towards that Bles∣sed State, of which he was now speedily to be possessed.
He had for many years a par∣ticular Devotion for Christmas day, and after he had received the Sacrament, and been in the performance of the publick Wor∣ship of that day, he commonly wrote a Copy of Verses on the Honour of his Saviour, as a fit Expression of the Joy he felt in his Soul, at the return of that Glorious Anniversary. There are Seventeen of those Copies Printed, which he Writ on Seventeen seve∣ral Christmas days, by which the World has a Taste of his Poetical Genius, in which, if he had thought it worth his time to have Excelled, he might have been Eminent as well as in other
things; but he Writ them rather to entertain himself, than to merit the Lawrel.
I shall here add one which has not been yet Printed, and it is not unlikely it was the last he Writ; it is a Paraphrase on Sime∣on's Song; I take it from his blot∣ted Copy not at all finished, so the Reader is to make Allow∣ance for any Imperfection he may find in it.
Blessed Creator, who before the Birth Of Time, or e're the Pillars of the Earth Were fix't or form'd, did'st lay that great Design Of Man's Redemption, and did'st define In thine Eternal Councels all the Scene Of that stupendious Business, and when It should appear, and though the very day Of its Epiphany, concealed lay
Within thy mind, yet thou wert pleas'd to show Some glimpses of it, unto Men below, In Visions, Types, and Prophesies, as we Things at a distance in Perspective see: But thou wert pleas'd to let thy Ser∣vant know That that Blest hour, that seem'd to move so slow Through former Ages, should at last attain Its time, e're my few Sands, that yet remain Are spent; and that these Aged Eyes Should see the day, when Jacob's Star should rise. And now thou hast fulfill'd it, blessed Lord Dismiss me now, according to thy word; And let my Aged Body now return To Rest, and Dust, and drop into an Urn;
For I have liv'd enough▪ mine Eyes have seen Thy much desired Salvation, that hath been So long, so dearly wish'd, the Ioy; the Hope Of all the Ancient Patriarchs, the Scope Of all the Prophesies, and Mysteries, Of all the Types unvail'd, the Histories Of Jewish Church unridl'd, and the bright And Orient Sun arisen to give light To Gentiles, and the joy of Israel, The Worlds Redeemer, blest Emanuel. Let this sight close mine Eyes, 'tis loss to see, After this Vision, any sight but Thee.
Thus he used to Sing on the former Christmas-days, but now he was to be admitted to bear his part in the new Songs above; so that day which he had spent in
so much Spiritual Joy, proved to be indeed the day of his Jubilee and Deliverance, for between two and three in the Afternoon, he breathed out his Righteous and pious Soul. His End was Peace, he had no struglings, nor seem'd to be in any pangs in his last Mo∣ments. He was Buried on the 4th. of Ianuary, Mr. Griffith Preach∣ing the Funeral Sermon, his Text was the 57 of Isa. 1 verse. The Righteous perisheth, and no Man layeth it to heart; and Merciful Men are taken away, none conside∣ring that the Righteous is taken away from the Evil to come. Which how fitly it was applicable upon this occasion, all that consider the course of his Life, will easily conclude. He was Interred in the Church-yard of Alderly, a∣mong his Ancestors; he did not
much approve of Burying in Churches, and used to say the Churches were for the Living, and the Church-yards for the Dead. His Monument was like himself, de∣cent and plain, the Tomb-stone was black Marble, and the sides were black and white Marble, upon which he himself had orde∣red this bare and humble Inscrip∣tian to be made,
HIC INHUMATUR CORPUS MATTHEI HALE, MILITIS;
ROBERTI HALE, ET IOANNAE, UXORIS EJUS, FILII UNICI.
NATI IN HAC PAROCHIA DE ALDERLY, PRIMO DIE NO∣VEMBRIS, ANNO DOM. 1609. DENATI VERO IBIDEM VI∣CESIMO QUINTO DIE DE∣CEMBRIS, ANNO DOM. 1676. AETATIS SUAE, LXVII.
Having thus given an Account of the most remarkable things of his Life, I am now to present the Reader with such a Character of Him, as the laying his several Virtues together will amount to: in which I know how difficult a Task I undertake, for to Write defectively of Him, were to in∣jure Him, and lessen the Me∣mory of one to whom I intend to do all the Right that is in my Power: On the other hand, there is so much here to be commen∣ded, and proposed for the Imi∣tation of others, that I am affraid some may imagin, I am rather making a Picture of Him, from an abstracted Idea of great Vir∣tues, and Perfections, than set∣ting him out, as he truly was: But there is great Encouragement in this, that I Write concerning
a Man so fresh in all peoples Re∣membrance, that is so lately Dead, and was so much and so well known, that I shall have many Vouchers, who will be ready to justifie me in all that I am to relate, and to add a great deal to what I can say.
It has appeared in the Account of his various Learning, how great his Capacities were, and how much they were improved by constant Study: He rose al∣ways early in the Morning, he loved to walk much abroad, not only for his Health, but he thought it opened his Mind, and enlarg∣ed his thoughts to have the Cre∣ation of God before his Eyes. When he set himself to any Study, he used to cast his design in a Scheme, which he did with a great exactness of Method; he took
nothing on Trust, but pursued his Enquires as far as they could go, and as he was humble enough to confess his Ignorance, and sub∣mit to Mysteries which he could not comprehend, so he was not easily imposed on, by any shews of Reason, or the Bugbears of vulgar Opinions: He brought all his Knowledge as much to sci∣entifical Principles, as he possibly could, which made him neglect the Study of Tongues, for the bent of his Mind lay another way. Discoursing once of this to some, they said, they looked on the Common Law, as a Study that could not be brought into a Scheme, nor formed into a Rational Science, by reason of the Indigestedness of it, and the Multiplicity of the Cases in it, which rendered it very heard to be understood, or reduced into a Me∣thod;
But he said, he was not of their mind, and so quickly after, he drew with his own hand, a Scheme of the whole Order and Parts of it, in a large sheet of Paper, to the great Satisfaction of those to whom he sent it. Upon this hint, some pressed him to Compile a Body of the Eng∣lish Law; It could hardly ever be done by a Man who knew it better, and would with more Judgment and Industry have put it into Method; But he said, as it was a Great and Noble Design, which would be of vast Advantage to the Nation; so it was too much for a private Man to undertake: It was not to be Entred upon, but by the Command of a Prince, and with the Communicated Endeavours of some of the most Eminent of the Pro∣fession.
He had great vivacity in his Fancy, as may appear by his In∣clination to Poetry, and the live∣ly Illustrations, and many tender strains in his Contemplations; But he look't on Eloquence and Wit, as things to be used very chastly, in serious Matters, which should come under a severer In∣quiry: Therefore he was both, when at the Bar, and on the Bench, a great Enemy to all Elo∣quence or Rhetorick in Pleading: He said, if the Iudge or Iury had a right understanding, it signified no∣thing, but a waste of Time, and loss of words; and if they were weak, and easily wrought on, it was a more decent way of corrupting them, by bribing their Fancies, and biassing their Affections; And wondered much at that affectation of the French Lawyers in imitating the
Roman Orators in their Pleadings. For the Oratory of the Romans, was occasioned by their popular Government, and the Factions of the City, so that those who intended to excell in the Pleading of Causes, were trained up in the Schools of the Rhetors, till they became ready and expert in that luscious way of Discourse. It is true, the Composures of such a Man as Tully was, who mixed an extraordinary Quickness, an exact Judgement, and a just De∣corum with his skill in Rhetorick, do still entertain the Readers of them with great Pleasure: But at the same time, it must be ac∣knowledged, that there is not that chastity of Style, that close∣ness of Reasoning, nor that just∣ness of Figures in his Orations, that is in his other Writings; So that
a great deal was said by him, rather because he knew it would be acceptable to his Auditors, than that it was approved of by himself; and all who read them, will acknowledg, they are better pleased with them as Essays of Wit and Style, than as Pleadings, by which such a Iudge as ours was, would not be much wrought on. And if there are such Grounds to censure the perfor∣mances of the greatest Master in Eloquence, we may easily infer what nauseous Discourses the o∣ther Orators made, since in Ora∣tory as well as in Poetry, none can do Indifferently. So our Iudge wondred to find the French, that live under a Monarchy, so fond of imitating that which was an ill Effect of the Popular Government of Rome: He therefore pleaded
himself always in few words, and home to the Point: And when he was a Iudge, he held those that Pleaded before him, to be the main Hinge of the Business, and cut them short when they made Excursions a∣bout Circumstances of no Mo∣ment, by which he saved much time, and made the cheif Diffi∣culties be well Stated and Clear∣ed.
There was another Custom a∣mong the Romans, which he as much admired, as he despised their Rhethorick, which was, that the Iuris-Consults were the Men of the highest Quality, who were bred to be capable of the cheif Imployment in the State, and became the great Masters of their Law: These gave their opinions of all Cases that were put to
them freely, judging it below them to take any present for it; And indeed they were only the true Lawyers among them, whose Resolutions were of that Authority, that they made one Classis of those Materials out of which Trebonian compiled the Digests under Iustinian; for the Orators or Causidici that Pleaded Causes, knew little of the Law, and only imployed their merce∣nary Tongues, to work on the Affections of the People and Se∣nate or the Pretors: Even in most of Tullies Orations there is little of Law, and that little which they might sprinkle in their Declamations, they had not from their own Knowledg, but the Resolution of some Iu∣ris-Consult: According to that fa∣mous Story of Servius Sulpitius,
who was a Celebrated Orator, and being to receive the Resolution of one of those that were Learned in the Law, was so Ignorant, that he could not understand it; Upon which the Iuris-Consult re∣proached him, and said, it was a shame for him that was a Nobleman, a Senator, and a Pleader of Causes, to be thus Ignorant of Law: This touched him so sensibly, that he set about the Study of it, and be∣came one of the most Eminent Iuris-Consults that ever were at Rome. Our Iudge thought it might become the greatness of a Prince, to encourage such a sort of Men, and of Studies; in which, none in the Age he lived in was equal to the great Selden, who was truly in our English Law, what the old Roman Iuris-Consults were in theirs.
But where a decent Eloquence was allowable, Iudge Hale knew how to have excelled as much as any, either in illustrating his Rea∣sonings, by proper and well pur∣sued Similies, or by such tender ex∣pressions, as might work most on the Affections, so that the present Lord Chancellor, has often said of him since his Death, that he was the Greatest Orator he had known; for though his words came not fluently from him, yet when they were out, they were the most Significant, and Expressive, that the Matter could bear: Of this sort there are many in his Con∣templations made to quicken his own Devotion, which have a Life in them becoming him that used them, and a softness fit to melt even the harshest Tempers, accommodated to the Gravity of
the Subject, and apt to excite warm thoughts in the Readers, that as they shew his excellent Temper that brought them out, and applied them to himself, so they are of great use to all, who would both Inform and quicken their Minds. Of his Illustrations of things by proper Similies, I shall give a large instance out of his Book of the Origination of Mankind, designed to expose the several different Hypotheses the Philosophers fell on, concerning the Eternity and Original of the Universe, and to prefer the Account given by Moses, to all their Con∣jectures; in which, if my Taste does not misguide me, the Rea∣der will find a rare and very a∣greeable mixture, both of fine Wit, and solid Learning and Judgment.
[That which may illustrate my Meaning, in this preference of the revealed Light of the Holy Scriptures, touching this Matter, above the Essays of a Philosophical Imagination, may be this. Sup∣pose that Greece being unacquaint∣ed with the Curiosity of Mecha∣nical Engins, though known in some remote Region ofthe World, and that an excellent Artist had secretly brought and de∣posited in some Field or Forest, some excellent Watch or Clock, which had been so formed, that the Original of its Motion were Hidden, and Involved in some close contrived piece of Mecha∣nism, that this Watch was so framed, that the Motion thereof might have lasted a Year, or some such time as might give a reasona∣ble Period for their Philosophical
descanting concerning it, and that in the plain Table there had been not only the Discription and Indi∣cation of Hours, but the Configu∣rations and Indications of the various Phases of the Moon, the motion and place of the Sun in the Ecliptick, and divers other curious Indications of Celestial Motions, and that the Scholars of the several Schools, of Epicurus, of Aristotle, of Plato, and the rest of those Philosophical Sects, had casually in their Walk, found this Admirable Automaton; what kind of Work would there have been made by every Sect, in giv∣ing an account of this Phenome∣non? We should have had the Epicurean Sect, have told the By∣standers according to their precon∣ceived Hypothesis, that this was nothing else but an accidental concre∣tion
of Atoms, that happily fallen to∣gether had made up the Index, the Wheels, and the Ballance, and that being happily fallen into this Posture, they were put into Motion. Then the Cartesian falls in with him, as to the main of their Supposition, but tells him, that he doth not sufficiently explicate how the Engin is put into Motion, and therefore to fur∣nish this Motion, there is a certain Materia Subtilis that pervades this Engin, and the Moveable parts, con∣sisting of certain Globular Atoms apt for Motion, they are thereby, and by the Mobility of the Globular Atoms put into Motion. A Third finding fault with the two former, be∣cause those Motions are so regular, and do express the various Pheno∣mena of the distribution of Time, and of the Heavenly Motions; therefore it seems to him, that this En∣gin
and Motion also, so Analogical to the Motions of the Heavens, was wrought by some admirable conjuncti∣on of the Heavenly Bodies, which formed this Instrument and its Moti∣ons, in such an admirable Correspon∣dency to its own Existence. A Fourth, disliking the suppositions of the three former, tells the rest, that he hath a more plain and evi∣dent Solution of the Phenomenon, namely, The universal Soul of the World, or Spirit of Nature, that formed so many sorts of Insects with so many Organs, Faculties, and such congruity of their whole composition, and such curious and various Motions as we may observe in them, hath formed and set into Motion this ad∣mirable Automaton, and regulated and ordered it, with all these congru∣ities we see in it. Then steps in an Aristotelian, and being dissatis∣fied
with all the former Soluti∣ons, tells them, Gentlemen, you are all mistaken, your Solutions are In∣explicable and Unsatisfactory, you have taken up certain precarious Hy∣potheses, and being prepossesed with these Creatures of your own fancies, and in love with them, right or wrong, you form all your Conceptions of things according to those fancied and preconceived Imaginations. The short of the Business is, this Machi∣na is eternal, and so are all the Mo∣tions of it, and in as much as a Cir∣cular Motion hath no beginning or end, this Motion that you see both in the Wheels and Index, and the suc∣cessive Indications of the Celestial Mo∣tions, is eternal, and without begin∣ning. And this is a ready and ex∣pedite way of solving the Phenomena, without so much ado as you have made about it.
〈6 pages missing〉〈6 pages missing〉he took that extraordinary care to keep what he did secret, that this part of his Character must be defective, except it be acknowledged that his Humility in covering it, commends him much more than the highest ex∣pressions of Devotion could have done.
From the first time that the Impressions of Religion setled deeply in his Mind, He used great caution to conceal it: not only in obedience to the Rules given by our Saviour, of Fasting, Praying, and giving Alms in Secret; but from a particular distrust he had of himself, for he said he was affraid, he should at some time or other, do some enormous thing, which if he were look't on as a very Religious Man, might cast a reproach on the
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profession of it, and give great advantages to impious Men, to blaspheme the name of God: But a Tree is known by its Fruits, and he lived not only free of Blemishes, or Scandall, but shined in all the parts of his Con∣versation: and perhaps the dis∣trust he was in of himself, con∣tributed not a little to the Pu∣rity of his Life, for he being there∣by obliged to be more Watchful over himself, and to depend more on the aids of the Spirit of God, no wonder if that hum∣ble temper produced those excel∣lent Effects in him.
He had a Soul enlarged and raised above that mean appetite of loving Money, which is gene∣rally the root of all Evil. He did not take the profits that he might have had by his Practice: for in
common Cases, when those who came to ask his Council gave him a Piece, he used to give back the half, and so made Ten shillings his Fee, in ordinary Matters that did not require much time or Study: If he saw a Cause was Unjust, he for a great while would not meddle further in it, but to give his Advice that it was so; If the Parties after that, would go on, they were to seek another Councellor, for he would Assist none in Acts of Injustice: If he found the Cause doubtful or weak in point of Law, he always advised his Clients to agree their Business: Yet afterwards he aba∣ted much of the Scrupulosity he had about Causes that appeared at first view Injust, upon this occa∣sion: There were two Causes brought to him, which by the
ignorance of the Party or their Attorny, were so ill represented to him, that they seem'd to be very bad, but he enquiring more nar∣rowly into them, found they were really very good and just; So after this he slackned much of his former Strictness, of refusing to meddle in Causes upon the ill Circumstances that appear'd in them at first.
In his pleading he abhorred those too common faults of mis∣reciting Evidences, quoting Presi∣dents, or Books falsly, or assert∣ing things Confidently; by which ignorant Juries, or weak Judges, are too often wrought on. He Pleaded with the same sincerity that he used in the other parts of his Life, and used to say it was as great a dishonour as a Man was capable of, that for a little Mo∣ney
he was to be hired to say or do otherwise than as he thought: All this he ascribed to the unmeasu∣rable desire of heaping up Wealth, which corrupted the Souls of some that seem'd to be otherwise born and made for great things.
When he was a Practitioner, differences were often referr'd to him, which he setled, but would accept of no reward for his Pains, though offered by both Parties together, after the agreement was made; for he said in those cases he was made a Iudge, and a Iudge ought to take no Money. If they told him, he lost much of his time in considering their Business, and so ought to be acknowledged for it; his answer was, (as one that heard it told me,) Can I spend my Time better, than to make People friends, must I have no
time allowed me to do good in.
He was naturally a quick man, yet by much Practise on himself, he subdued that to such a de∣gree, that he would never run suddenly into any Conclusion concerning any Matter of Im∣portance. Festina lente was his beloved Motto, which he orde∣red to be Ingraven on the Head of his Staff, and was often heard say, that he had observed many wit∣ty Men run into great Errours, be∣cause they did not give themselves time to think, but the heat of Ima∣gination making some Notions appear in good Coolours to them, they with∣out staying till that cooled, were vi∣olently led by the Impulses it made on them, whereas calm and slow Men, who pass for dull in the common esti∣mation, could search after Truth and
find it out, as with more deliberation, so with greater certainty.
He laid aside the tenth penny of all he got for the Poor, and took great care to be well in∣formed of proper Objects for his Charities; And after he was a Judge, many of the Perquisites of his Place, as his Dividend of the Rule and Box-money, was sent by him to the Jayls to dis∣charge poor Prisoners, who ne∣ver knew from whose hands their Releif came. It is also a Custom for the Marshall of the Kings-Bench, to present the Judges of that Court with a piece of Plate for a New-years-gift, that for the Cheif Justice being larger than the rest: This he intended to have refused, but the other Judges told him it belonged to his Office, and the refusing it
would be a prejudice to his Suc∣cessors, so he was perswaded to take it, but he sent word to the Marshall, that instead of Plate, he should bring him the value of it in Money, and when he received it, he immediately sent it to the Prisons, for the Releif and dis∣charge of the poor there. He usually invited his poor Neigh∣bours to Dine with him, and made them sit at Table with himself: And if any of them were Sick, so that they could not come, he would send Meat warm to them from his Table: and he did not only releive the Poor in his own Parish, but sent Sup∣plies to the Neighbouring Pa∣rishes, as there was occasion for it: And he treated them all with the tenderness and familiarity that became one, who considered
they were of the same Nature with himself, and were reduced to no other Necessities but such as he himself might be brought to: But for common Beggars, if any of these came to him, as he was in his Walks, when he lived in the Country, he would ask such as were Capable of Working, why they went about so idly; If they answered, it was because they could find no Work, he often sent them to some Field, to gather all the Stones in it, and lay them on a Heap, and then would pay them liberally for their Pains: This being done, he used to send his Carts, and caused them to be carried to such places of the High∣way as needed mending.
But when he was in Town, he dealt his Charities very libe∣rally, even among the Street-Beggars,
and when some told him, that he thereby incouraged Idle∣ness, and that most of these were no∣torious Cheats, he used to answer, that he beleived most of them were such, but among them there were some that were great Objects of Cha∣rity, and prest with greivous Ne∣cessities: and that he had rather give his Alms to twenty who might be per∣haps Rogues, than that one of the other sort, should perish for want of that small Releif which he gave them.
He loved Building much, which he affected cheifly because it imployed many poor People; but one thing was observed in all his Buildings, that the changes he made in his Houses, was al∣ways from Magnificence to Use∣fulness, for he avoided every thing that looked like Pomp or
Vanity, even in the Walls of his Houses; he had good Judgement in Architecture, and an excellent faculty in contriving well.
He was a Gentle Landlord to all his Tenants, and was ever ready upon any reasonable Complaints, to make Abatements, for he was Merciful as well as Righteous. One instance of this was, of a Wi∣dow that lived in London, and had a small Estate near his House in the Country; from which her Rents were ill Returned to her, and at a Cost which she could not well bear: so she bemoaned her self to him, and he accor∣ding to his readiness to assist all poor People, told her, he would order his Steward to take up her Rents, and the returning them should cost her nothing. But after that, when there was a falling of
Rents in that Country, so that it was necessary to make abate∣ments to the Tenant; yet he would have it to lie on himself, and made the Widow be paid her Rent as formerly.
Another remarkable instance of his Iustice and goodness was, that when he found ill Money had been put into his hands, he would never suffer it to be vented again; for he thought it was no excuse for him to put false Money in other Peoples hands, because some had put it in his: A great heap of this he had gather∣ed together, for many had so far abused his Goodness, as to mix base Money among the Fees that were given him: It is like he intended to have destroyed it, but some Thieves who had observed it, broke into his Cham∣ber
and stole it, thinking they had got a Prize; which he used to tell with some pleasure, ima∣gining how they found them∣selves deceived, when they per∣ceived what sort of Booty they had fall'n on.
After he was made a Iudge, he would needs pay more for every Purchase he made than it was worth; If it had been but a Horse he was to Buy, he would have out-bid the Price: and when some represented to him, that he made ill Bargains, he said; it be∣came Iudges to pay more for what they bought, than the true Value; that so those with whom they dealt, might not think they had any right to their favour, by having sold such things to them at an easie rate: and said it was sutable to the Reputa∣tion, which a Iudge ought to pre∣serve,
to make such Bargains, that the World might see they were not too well used upon some secret Account.
In Sum, his Estate did shew how little he had minded the raising a great Fortue, for from a Hundred pound a Year, he raised it not quite to Nine Hun∣dred, and of this a very Confide∣rable part came in by his share of Mr. Selden's Estate; yet this, considering his great Practice while a Counsellour, and his con∣stant, frugal, and modest way of Living, was but small a Fortune: In the share that fell to him by Mr. Selden's Will, one memo∣rable thing was done by him, with the other Executors, by which they both shewed their regard to their dead Friend, and their Love of the Publick; His
Library was valued at some Thousands of pounds, and was believed to be one of the curi∣ousest Collections in Europe: so they resolved to keep this intire, for the Honour of Selden's Me∣mory, and gave it to the Univer∣sity of Oxford, where a noble Room was added to the former Library for its Reception, and all due respects have been since shewed by that Great and Learn∣ed Body, to those their worthy Benefactors, who not only part∣ed so generously with this great Treasure, but were a little put to it how to oblige them, without crossing the Will of their dead Friend. Mr. Selden had once intended to give his Library to that University, and had left it so by his Will; but having occa∣sion for a Manuscript, which be∣longed
to their Library, they asked of him a Bond of a Thou∣sand pound for its Restitution; this he took so ill at their hands, that he struck out that part of his Will by which he had given them his Library, and with some passion declared they should never have it: The Executors stuck at this a little, but having consider∣ed better of it, came to this Re∣solution; That they were to be the Executors of Mr. Selden's Will, and not of his Passion; so they made good what he had intended in cold Blood, and past over what his Passion had suggested to him.
The parting with so many excellent Books, would have been as uneasie to our Iudge, as any thing of that nature could be, if a pious regard to his friends
Memory had not prevailed over him; for he valued Books and Manuscripts above all things in the World: He himself had made a great and rare Collection of Manuscripts belonging to the Law of England; he was Forty years in gathering it: He himself said it cost him about fifteen Hun∣dred pounds, and calls it in his Will, a Treasure worth having and keeping, and not fit for every Mans view; These all he left to Lin∣coln's Inn, and for the Informati∣on of those who are curious to search into such things; there shall be a Catalogue of them ad∣ded at the end of this Book.
By all these instances it does appear, how much he was raised above the World, or the love of it. But having thus master∣ed things without him, his next
Study was to overcome his own Inclinations: He was as he said himself naturally passionate; I add, as he said himself, for that appear∣ed by no other Evidence, save that sometimes his Colour would rise a little; but he so governed himself, that those who lived long about him, have told me they never saw him disordered with Anger, though he met with some Tryals, that the nature of Man is as little able to bear, as any whatsoever. There was one who did him a great Injury, which it is not ncecssary to men∣tion, who coming afterwards to him for his Advice in the settle∣ment of his Estate, he gave it very frankly to him, but would accept of no Fee for it, and there∣by shewed both that he could forgive as a Christian, and that
he had the Soul of a Gentleman in him, not to take Money of one that had wronged him so heinously. And when he was asked by one, how he could use a Man so kindly, that had wronged him so much, his Answer was, he thanked God he had learned to forget Injuries. And besides the great temper he expressed in all his publick Imployments, in his Family he was a very gentle Master: He was tender of all his Servants, he never turned any away, except they were so faulty, that there was no hope of reclaim∣ing them: When any of them had been long out of the way, or had neglected any part of their Duty; he would not see them at their first coming home, and sometimes not till the next day, least when his displeasure was
quick upon him, he might have chid them indecently; and when he did reprove them, he did it with that sweetness and gravity, that it appeared he was more concerned for their having done a fault, than for the Offence given by it to himself: But if they became immoral or unruly, then he turned them away, for he said, he that by his place ought to punish disorders in other People, must by no means suffer them in his own House: He advanced his Servants according to the time they had been about him, and would never give occasion to Envy among them, by raising the younger Clerks above those who had been longer with him. He treated them all with great affection, rather as a Friend, than a Master, giving them often good
Advice and Instruction. He made those who had good places un∣der him, give some of their pro∣fits to the other Servants who had nothing but their Wages: When he made his Will, he left Legacies to every one of them▪ But he expressed a more parti∣cular kindness for one of them Robert Gibbon, of the middle Temple, Esq In whom he had that Con∣fidence, that he left him one of his Executors. I the rather men∣tion him, because of his noble Gratitude to his worthy Bene∣factor and Master, for he has been so careful to preserve his Memory, that as he set those on me, at whose desire I undertook to write his Life; So he has pro∣cured for me a great part of those Memorials, and Informations, out of which I have Composed it.
The Iudge was of a most tender and compassionate Nature; this did eminently appear in his Try∣ing and giving Sentence upon Criminals, in which he was strictly careful, that not a cir∣cumstance should be neglected, which might any way clear the Fact: He behaved himself with that regard to the Prisoners, which became both the gravity of a Iudge, and the pity that was due to Men, whose Lives lay at Stake, so that nothing of jearing or unreasonable severity ever fell from him. He also examined the Witnesses in the softest man∣ner, taking care that they should be put under no Confusion, which might disorder their Memory: and he Summed all the Evidence so equally when he charged the Jury, that the Criminals
themselves never complained of him. When it came to him to give Sentence, he did it with that Composedness and Decency, and his Speeches to the Prisoners, directing them to prepare for Death, were so Weighty, so free of all Affectation, and so Serious and Devout, that many loved to go to the Tryals, when he sate Iudg, to be edified by his Speeches, and behaviour in them, and used to say, they heard very few such Ser∣mons.
But though the pronouncing the Sentence of Death, was the peece of his Imployment, that went most against the Grain with him; yet in that, he could never be molified to any tenderness which hindred Justice. When he was once pressed to recommend some (whom he had Condemn∣ed)
to his Majesties Mercy and Pardon; he answered he could not think they deserved a Pardon, whom he himself had Adjudged to Die: So that all he would do in that kind, was to give the King a true Ac∣count of the Circumstances of the Fact, after which, his Majesty was to Consider whether he would interpose his Mercy, or let Justice take place.
His Mercifulness extended even to his Beasts, for when the Horses that he had kept long, grew Old, he would not suffer them to be Sold, or much Wrought, but ordered his Men to turn them loose on his Grounds, and put them only to easie work, such as going to Market and the like; he used old Dogs also with the same care: His Shepherd having one that was become blind with
Age, he intended to have kil∣led or lost him, but the Iudge coming to hear of it, made one of his Servants bring him home and fed him till he Died: And he was scarce ever seen more Angry than with one of his Ser∣vants for neglecting a Bird, that he kept, so that it Died for want of Food.
He was a great incourager of all young Persons, that he saw followed their Books diligently, to whom he used to give di∣rections concerning the method of their Study, with a humanity and sweetness, that wrought much on all that came near him: and in a smiling pleasant way, he would admonish them, If he saw any thing amiss in them: particularly if they went too fine in their Clothes, he would tell
them, it did not become their Pro∣fession: He was not pleased to see Students wear long Perri∣wigs, or Attorneys go with Swords; so that such young Men as would not be perswaded to part with those Vanities, when they went to him laid them aside, and went as plain as they could, to avoid the re∣proof which they knew they might otherwise expect.
He was very free and com∣municative in his Discourse, which he most commonly fixed on some good and useful Sub∣ject, and loved for an Hour or two at Night, to be visited by some of his Friends. He neither said nor did any thing with Af∣fectation, but used a simplicity, that was both natural to himself, and very easie to others: And
though he never studied the modes of Civility or Court bree∣ding, yet he knew not what it was to be rude or harsh with any, except he were imperti∣nently addressed to in matters of Justice, then he would raise his Voice a little, and so shake off those Importunities.
In his Furniture, and the ser∣vice of his Table, and way of Living; he liked the old plain∣ness so well, that as he would set up none of the new Fashions, so he rather affected a Course∣ness in the use of the old ones: which was more the effect of his Philosophy than disposition, for he loved fine things too much at first: He was always of an equal Temper, rather chearful than merry. Many won∣dered to see the evenness of
his deportment, in some very sad passages of his Life.
Having lost one of his Sons, the manner of whose Death had some grievous circumstances in it; One coming to see him and Condole, he said to him, those were the effects of living long, such must look to see many sad and un∣acceptable things; and having said that, he went to other Dis∣courses, with his ordinary free∣dom of Mind; for though he had a Temper so tender, that sad things were apt enough to make deep Impressions upon him, yet the regard he had to the Wis∣dome and providence of God, and the just Estimate he made of all Eternal things, did to ad∣miration maintain the tranquili∣ty of his Mind, and he gave no occasion by idleness to Melan∣cholly
to corrupt his Spirit, but by the perpetual bent of his thoughts, he knew well how to divert them from being oppressed with the excesses of Sorrow.
He had a generous and noble Idea of God in his Mind, and this he found did above all o∣ther Considerations preserve his quiet. And indeed that was so well Established in him, that no accidents, how sudden soever, were observed to discompose him: Of which an Eminent Man of that Profession, gave me this instance: In the year 1666, an Opinion did run through the Nation, that the end of the World would come that year. This, whe∣ther set on by Astrologers, or advanced by those who thought it might have some relation to the number of the Beast in the
Revelation, or promoted by Men of ill Designs, to disturb the pub∣lick Peace, had spread migh∣tily among the people; and Iudge Hale going that year the Western Circuit, it happened, that as he was on the Bench at the Assises, a most terrible Storm fell out very unexpectedly, accompa∣nied with such flashes of Light∣ning, and claps of Thunder, that the like will hardly fall out in an Age; upon which a whisper or a rumour run through the Crowd, that now was the World to end, and the day of Iudgment to begin, and at this there followed a general Consternation in the whole Assembly, and all Men forgot the Business they were met about, and betook them∣selves to their Prayers: This added to the horror raised by
the Storm looked very dismally; in so much that my Author, a Man of no ordinary Resolution, and firmenss of mind, confessed it made a great Impression on him∣self. But he told me, that he did observe the Iudge was not a whit affected, and was going on with the Business of the Court in his ordina∣ry manner; from which he made this conclusion, that his thoughts were so well fixed, that he believed if the World had been really to end, it would have given him no conside∣rable disturbance.
But I shall now conclude all that I shall say concerning him, with what one of the greatest Men of the Profession of the Law, sent me as an abstract of the Character he had made of him, upon long observation, and much converse with him: It
was sent me, that from thence with the other Materials, I might make such a Representa∣tion of him to the World, as he indeed deserved, but I resolved not to shred it out in parcels, but to set it down entirely as it was sent me, hoping that as the Reader will be much deligh∣ted with it, so the Noble per∣son that sent it, will not be offen∣ded with me for keeping it en∣tire, and setting it in the best light I could; It begins abruptly, being designed to supply the de∣fects of others, from whom I had dearlier and more copious Informations.
He would never be brought to discourse of publick Matters in pri∣vate Conversation, but in questions of Law, when any young Lawyer
put a Case to him he was very com∣municative, especially while he was at the Bar: But when he came to the Bench, he grew more reserv'd, and would never suffer his Opinion in any case to be known, till he was o∣bliged to declare it Iudicially; And he concealed his Opinion in great Cases so carefully, that the rest of the Iudges in the same Court could never per∣ceive it: His reason was, because every Judge ought to give Sen∣tence according to his own Per∣swasion and Conscience, and not to be sway'd by any respect or de∣ference to another Mans Opini∣on: And by this means it hath hap∣pened some times, that when all the Barons of the Exchequer had deli∣vered their Opinions, and agreed in their Reasons and Arguments; yet he coming to speak last, and differing in Iudgment from them, hath exprest
himself with so much Weight and So∣lidity, that the Barons have immediate∣ly retracted their Votes and concurr'd-with him. He hath sat as a Iudge in all the Courts of Law, and in two of them as Cheif, but still where-ever he sat, all Business of consequence follow∣ed him, and no Man was content to sit down by the Iudgment of any other Court, till the Case were brought before him, to see whether he were of the same mind; And his Opinion be∣ing once known, Men did readily ac∣quiesce in it; and it was very rarely seen, that any Man attempted to bring it about again, and he that did so, did it upon great disadvantages, and was always lookt upon as a very con∣tentious Person; So that what Ci∣cero says of Brutus, did very often happen to him, Etiam quos contra Statuit Aequos placatosque Di∣misit.
Nor did men reverence his Iudg∣ment and Opinion in Courts of Law only: But his Authority was as great in Courts of Equity, and the same respect and submission was paid to him there too; And this appeared not only in his own Court of Equity in the Exchequer Chamber, but in the Chancery too, for thither he was of∣ten called to advise and assist the Lord Chancellor, or Lord Keeper for the time being; and if the Cause were of difficult Examination, or intricated and entangled with variety of Settlements, no man ever shewed a more clear and discerning Iudg∣ment: If it were of great Value, and great Persons interested in it, no man ever shewed greater Courage and Integrity in laying aside all re∣spect of Persons: When he came to deliver his Opinion, he always put his Discourse into such a method, that
one part of it gave light to the other, and where the proceedings of Chan∣cery might prove Inconvenient to the Subject, he never spared to observe and reprove them: And from his Observations and Discourses, the Chancery hath taken occasion to Esta∣blish many of those Rules by which it Governs it self at this day.
He did look upon Equity as a part of the Common-Law, and one of the Grounds of it; and therefore as near as he could, he did always re∣duce it to certain Rules and Prin∣ciples, that men might Study it as a Science, and not think the Admi∣nistration of it had any thing arbi∣trary in it. Thus eminent was this man in every Station, and into what Court soever he was call'd, he quick∣ly made it appear, that he deserved the cheif Seat there.
As great a Lawyer as he was,
he would never suffer the strictness of Law to prevail against Conscience, as great a Chancellor as he was, he would make use of all the Niceties and Subtilties in Law, when it tended to support Right and Equity. But nothing was more admirable in him, than his Patience: He did not affect the Reputation of Quickness and dispatch, by a hasty and Captious hea∣ring of the Councell: He would bear with the meanest, and gave every man his full Scope, thinking it much better to lose Time than Patience: In summing up of an Evidence to a Iury, he would always require the Barre to interrupt him if he did mistake, and to put him in mind of it, if he did forget the least Circum∣stance; some Iudges have been dis∣turbed at this as a Rudeness, which he always looked upon as a Service and Respect done to him.
His whole Life was nothing else but a continual course of Labour and Industry, and when he could borrow any time from the publick Service, it was wholly employed either in Philosophical or Divine Meditations, and even that was a publick Service too as it hath proved; For they have occasioned his Writing of such Trea∣tises, as are become the Choicest en∣tertainment of wise and good Men, and the World hath reason to wish that more of them were Printed: He that considers the active part of his Life, and with what unwearied Diligence and Application of Mind, he dispatched all Mens Business which came under his Care, will wonder how he could find any time for Con∣templation: He that considers again the various Studies he past through, and the many Collections and Obser∣vations he hath made, may as justly
wonder how he could find any time for Action: But no Man can wonder at the exemplary Piety and Innocence of such a Life so spent as this was, wherein as he was careful to avoid every idle word, so 'tis manifest he never spent an idle day. They who come far short of this Great Man, will be apt enough to think that this is a Panegyrick, which in∣deed is a History, and but a little part of that History which was 〈◊〉〈◊〉 great Truth to be related of hi••▪ Men who despair of attaining such perfection, are not willing to believe that any Man else did ever arrive at such a Height.
He was the greatest Lawyer of the Age, and might have had what Practice he pleased, but though he did most Conscientiously affect the labours of his Profession, yet at the same time, he despised the Gain of
it, and of those profits which he would allow himself to receive, he always set apart a tenth Penny for the Poor, which he ever dispensed with that secrecy, that they who were relieved, seldom or never knew their Benefactor: He took more pains to avoid the Honours and Preferments of the Gown, than others do to com∣pass them. His Modesty was be∣yond all Example, for where some Men who never attained to half his Knowledge, have been pufft up with a high conceit of themselves, and have affected all occasions of raising their own Esteem by depreciating o∣ther Men; He on the contrary was the most obliging Man that ever Practised: If a young Gentleman happened to be retain'd to argue a point in Law, where he was on the contrary side, he would very often mend the Objections when he came to
repeat them, and always Commend the Gentleman if there were room for it, and one good word of his was of more advantage to a young Man, than all the favour of the Court could be.
Having thus far pursued his History and Character, in the publick and Exemplary parts of his Life, without interrupting the thread of the Relation, with what was private and Domestick, I shall conclude with a short ac∣count of these.
He was twice Married, his first Wife was Anne Daughter of Sir Henry Moore, of Faly in Berk∣shire, Grandchild to Sir Francis Moore, Serjeant at Law; by her he had Ten Children, the four first Died young, the other six
lived to be all Married; And he out lived them all, except his eldest Daughter, and his youngest Son, who are yet alive.
His eldest Son Robert Married Frances the Daughter of Sir Fran∣cis Chock, of Avington in Berk∣shire, and they both dying in a little time one after another left five Children, two Sons Matthew and Gabriel, and three Daugh∣ters, Anne, Mary, and Frances, and by the Iudges advice, they both made him their Executor, so he took his Grandchildren in∣to his own Care, and among them he left his Estate.
His second Son Matthew, Married Anne the Daughter of Mr. Matthew Simmonds, of Hilsley, in Glocestershire, who dyed soon after, and left one Son behind him named Matthew.
His third Son Thomas, Married Rebekah the Daughter of Christian Le Brune, a Dutch Merchant, and Died without Issue.
His fourth Son Edward, Mar∣ried Mary, the Daughter of Ed∣mund Goodyere, Esq of Heythorp, in Oxfordshire, and still lives, he has two Sons, and three Daugh∣ters.
His eldest Daughter Mary, was Married to Edward Alderly, Son of Edward Alderly, of Innishannon, in the County of Cork in Ireland, who dying, left her with two Sons, and three Daughters; she is since Married to Edward Ste∣phens, Son to Edward Stephens, Esq of Cherington in Glocester∣shire. His youngest Daughter Eli∣zabeth, was Married to Edward Webb, Esq Barrister at Law,
she Died, leaving two Children, a Son and a Daughter.
His second Wife was Anne, the Daughter of Mr. Ioseph Bishop, of Ealy in Berkshire, by whom he had no Children; He gives her a great Character in his Will, as a most dutiful, faithful, and loving Wife, and therefore trusted the breeding of his Grand-Chil∣dren to her Care, and left her one of his Executors, to whom he joyn∣ed Sir Robert Ienkinson, and Mr. Gibbon. So much may suffice of those descended from him.
In after times, it is not to be doubted, but it will be reckoned no small Honour to derive from him; And this has made me more particular in reckoning up his Issue, I shall next give an account of the Issues of his Mind, his Books, that are either Prin∣ted,
or remain in Manuscript; for the last of these by his Will, he has forbid the Printing of any of them after his Death, except such as he should give order for in his Life: But he seems to have changed his mind afterwards, and to have left it to the descretion of his Execu∣tors, which of them might be Printed; for though he does not express that, yet he ordered by a Codicill, that if any Book of his Writing, as well touching the Common Law, as other Subjects; should be Printed; then what should be given for the Consideration of the Copy, should be divided into Ten shares, of which he appointed Seven to go among his Servants, and Three to those who had Copied them out, and were to look after the Impression. The reason, as I have under∣stood
it, that made him so un∣willing to have any of his Works Printed after his Death, was; That he apprehended in the Licensing them, (which was ne∣cessary before any Book could be lawfully Printed, by a Law then in force, but since his Death determined) some things might have been struck out or altered; which he had observed not with∣out some Indignation, had been done to a part of the Reports, of one whom he had much Esteemed.
This in matters of Law, he said, might prove to be of such mischievous Consequence, that he thereupon re∣solved none of his Writings, should be at the Mercy of Licensers; And therefore because he was not sure, that they should be Pub∣lished without Expurgations or
Interpolations, he forbid the Prin∣ting any of them; in which he afterwards made some Alterati∣on, at least he gave occasion by his Codicill, to infer that he al∣tered his mind.
This I have the more fully explained, that his last Will may be no way misunderstood, and that his worthy Executors, and his Hopeful Grand-Children, may not conclude themselves to be under an Indispensible obli∣gation, of depriving the publick of his excellent Writings.