Matthew HALE, was born in Alderly at Gloucestershire, on the first day of November, 1609. His Grandfather was Robert HALE, an Eminent Clothier in Wotten-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 Pounds, which he divided almost equally amongst his five Sons; besides the portions he gave his Daughters, from whom a numerous Posterity has sprung. His second son was Robert Me, a Barrister of Lincoln-Inn. He married Joan the daughter of Matthew Poyntz of Alderly Esquire, who was descended from that Noble Family of the Poyntzs of Acten. Of this Marriage there was no other issue but this one son, Matthew. 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 Practice of Law, because he could not understand the reason of giving Colour in Pleadings, which as he thought was to tell a lie, and that, with some other things commonly practised, seemed to him contrary 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 Ancient Gentleman, that had lived in friendship with his Son for fifty Years, and he heard Judge Jones, that was W. Hale's Contemporary, declare this in the Kings-Bench. But as the care he had to save his Soul, made him abandon a Profession in which he might have raised his Family much higher, so his Charity to his poor Neighbours, made him not only deal his Aims largely among them while he lived, but at his Death he left (out of his small Estate which 100 l.s Year) 20/. 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 house-keepers, as did not receive the- Alms of the Parish, for to give it 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 Family, 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 happiness of his Father's we and instruction, 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 Providence of God. But that unhappiness 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 Anthony Kingscot, of Kingscot Esquire, who was his next Kinsman, after his Uncles, by his Mother. Great care was taken of his education, and his Guardian to breed him to be a Divine, and being inclined to the way of those then called Puritans, put him to some Schools, that were taught by those of that party, and in the 17th year of his age, sent him to Magdalen Hall in Oxford, where Obadiah Sidgwick was his Tutor. He was an extraordinary Proficient at School, and for some time at Oxford; But the Stage Players coming thither, he was so much corrupted by seeing many players, 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 hurtful to him, and being afterwards sensible of the mischief of this, he resolved upon his coming to London (where he knew the opportunities of such sights would be more frequent and inviting) never to see a Play again, to which he constantly adhered.

The corruption of a young Man's mind in one particular, generally draws on a great many more after it, so he be now taken from following his Studies, 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 a strong robust body, he was a great Master at all these 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 showed a good judgement, 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 looked on as a flattery; so to make the Master discover himself, he promised him the house he lived in, for he was his Tenant, if he could hit him a blow on the head, and bade him do his best, for he would be as good as his word. So after a little Engagement, his Master being really superior to him, hit him on the Head, and he performed his promise; for he gave the house freely, and was not unwilling at that rate to learn early to distinguish flattery from plain and simple truth.

He was now taken up with Martial matters, that instead of going on in his design of being a Scholar, or a Divine, he resolved to be a Soldier, and his Tutor Sidgwick, going into the low-Countries, Chaplain to the Renowned Lord Vere, he resolved to go along with him, and to trail a Pike in the Prince of Orange's Army; but a happy stop was put to this Resolution, which might have proved so fatal to himself, and deprived the Age of the great Example he gave, and the useful Services he afterwards did his Country.

He was engaged in a Suit of Law with Sir William Whitmore, 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 go to London to solicite his own business. Being recommended to Sergeant Glanville for his Counsellor, who observing in him a clear apprehension of things, and a solid Judgement, and a great fitness for the study of the Law, took pains upon him to persuade him to forsake his thoughts of being a soldier, and to apply himself to the study of the Law; and this had so good an affect on him, that on the 8th of November, 1629, when he passed the 20th Year of his age, he was admitted into Lincolns-Inn and being then deeply sensible how much time he had left, and that Idle and Vain things had over 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 believed, 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 continued to use in many points to his dying day.

But since the honour of reclaiming him from the idleness of his former course of life, is due to the memory of that Eminent Lawer Sergeant Glanville, and since my design in writing is to propose a pattern of heroic virtue to the World, I shall mention one passage of the Sergeant which ought never to be forgotten. His Father had a fair Estate, which he intended to settle on his elder brother, but he being a vicious young man, and there appearing no hopes of his recovery, he settled it on him (Sergeant Glanville), that was his second son. Upon his death, his eldest son, finding that what he had looked on as the threatenings of an angry Father, was now but too certain, became melancholy, 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 any Estate that was gone from him. But his brother observing 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 ordered one that was covered to be set before his brother, and desired him to uncover it; which he doing, the company was surprised 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 Sergeant was instrumental in the happy chance 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 from it, for he with some other young students, being invited to be merry out of Town. One of the company 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 particularly affect Mr. Hale, who thereupon went into another Room, and shutting the door, fell on his knees, and prayed earnestly to God, both for his friend that he might be restored to Life again, and that himself might be forgiven for giving such countenance 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 recovered, and he most religiously observed his Vow, till his dying day. And though he was afterwards pressed to drink Health's, particularly the King's, which was set by too many as a distinguishing 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 sometimes roughly treated for this, which some hot and indiscreet men called Obstinacy.

This wrought an entire change on him; now he forsook all vain company, and divided himself between 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 Lord's day; this observation he made when an Ague first interrupted that constant course, and he reflected on it, as an Acknowledgement 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 insert copied from the original, but I am not certain when he made it; it is set down in the same simplicity in which he wrote it for his own private use.

These notes have an imperfection in the wording of them, which shews they were only intended for his privacies. No wonder a man who set such rules to himself, became quickly very eminent and remarkable.

Noy, the Attorney General, being 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 passing from the extreme of vanity in his apparel, to that of neglecting himself too much, was once taken when there was a Press for the Kings Service, as a fit person 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 superfluity or vanity in them

Once he was buying some cloth for a new suit, the Draper with whom he differed about the price, told him he should have it for nothing, if he would promise him one hundred pounds 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 Cloth, unless he payed for it; so he satisfied the Draper and carded away the Cloth. Yet the 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 Commons in Vacation-time, and continued then to follow his Studies with an unwearied diligence; and not being satisfied with the Books written about it, or to take things upon trust, was very diligent in searching all Records. Then he did make divers Collections out of the Books he had Read, and mixing them with his own Observations, digested them into a Common place Book; which he did with so much Industry and Judgement, that an Eminent Judge of the Kings Bench, borrowed it of him when he was Lord Chief Baron; He unwillingly lent it, because it had been written by him before he was called to the Bar, and had never been thoroughly revised by him since that time, only what alterations, had been made in the Law by subsequent Statutes and Judgements, were added by him as they had happened; but the Judge having perused it said, that though it was composed by him so early, he did not think any Lawyer in England could do it better, except he himself would again set about it.

He was soon found out by that great and learned Antiquary Mr. Selden, who though much superior 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 executors.

It was this Acquaintance that first set Mr. Hale on a more enlarged 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 attain to as great variety of knowledge, in as comprehensive a manner as most men have done in any Age.

He set himself much to the Study of Roman 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 Judge; 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 it was so little studied in England.

He looked on readiness in arithmetick, as a thing which might be useful to him in his own employment, and acquired it to such a Degree, that he would often on the sudden, and afterwards on the Bench, resolve very hard questions, which had puzzled the best Accountants about Town. He rested not here, but studied the Algebra both Speciosa and Numerosa, and went through all the other Mathematical Sciences, and made a great Collection of very excellent 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 Discoveries of this Age.

He had the new Books Written on those, Subjects sent from all Parts, which he both read and examined so critically, that if the Principles and Hypothese 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 written concerning the Torricellian Experiment, and of the Rarefaction and Condensation of the Air; he shows as great an Exactness, and as Subtilty in the Reasoning he builds on them, as these Principles to which he adhered could bear. But indeed it will seem scarce credible, that a man so much employed, and of so severe a temper of Mind, could find leisure to Read, Observe and Write so much of these Subjects as he did. He called them his Diversions, 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 Physic, Anatomy, and Chirurgery; 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 employments. In some Examinations he would put such Questions to Physicians or Chirurgeons, that they have professed, the College of Physicians could not do it more exactly; by which he discovered great Judgment; as well as much Knowledge in these things; And in his sickness he used to argue with his Doctors about 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 searches into Ancient History, and particularly into the roughest and least delightful part of it, Chronology. He was well acquainted with the Ancient Greek Philosophers; 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 conversation with Selden, he understood the most curious things in the Rabbinical Learning. But above all these he seemed to have made the Study of Divinity the chief 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 extravagant, and almost incredible, that one man, in no great compass of years, should have acquired such a variety of knowledge, and that in Sciences, that require much leisure and application.

But as his Parts were quick and his Apprehensions lively, his Memory great, and his Judgements strong; so his Industry was almost Indefatigable. He rose always betimes in the Morning; was never idle; scarce ever held any discourse about News, except with some few in whom he confided entirely.

He entered into no correspondence by letters, except about necessary business, or matters of learning, and spent very little time in eating or drinking, so he gave no Entertainment's, but to the poor, for he followed our Saviours direction (of feasting none but these) literally. And in eating and drinking, he observed not only great plainness and moderation, but lived so Philosophically, that -be always ended his meal with an appetite, so that he lost little time at it, (that time 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 , immediately after he had dined. By these means he gained much time, that is otherwise unprofitably wasted.

He had also an admirable equality in the temper of his mind, which disposed him for what ever Studies he thought fit to turn himself to, and some very uneasy things which he lay under for many years, did rather engage him to, dm distract him from his Studies. When he was called to the Bar, and began to make a figure in the World, the late unhappy Wars broke out, in which it was no easy 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, written by Nepes, and having observed, 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 Augustus his Reign, without the least blemish on his reputation, and free from any considerable danger, being held in great Esteem by all Parties, and courted and favoured by them. He set him as a Pattern to himself, and observing, that beside 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 meddling in no public Business, the other was his constant favouring and relieving those that were the lowest, 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 public employment, but the very talking of News, and was always both favourable and charitable to those who were depressed, and was sure never to provoke any in particular, by censuring or reflecting on their actions; for nuny that have conversed much with him, have told me they never heard him speak ill of any person.

He was employed in his Practice by all the Kings Party: He was Assigned Council to the Earl of Strafford and Archbishop Laud, and afterwards to the Blessed King himself, when brought to the infamous Pageantry of a Mock-Trial, and offered to plead for him with all the courage that so Glorious a Cause ought 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 Memoirs of that Duke's Life. Afterwards also being Council for the Lord Craven, he pleaded with that force of Argument, that the then Attorney-General, threatened him for appearing against the Government; to whom he answered, he was Pleading in Defence of those Laws, which they declared they would maintain and preserve, and he was doing his duty to his Client, so that he was not to be daunted with Threatenings. Upon all these occasions he has charged himself with so much Learning, Fidelity, and Courage, that he came to be generally employed for all that Part: Nor was he satisfied to appear for their just Defence in the way of his Profession, but he also relieved them often in their -necessities; which he did in a way that was no less Prudent than Charitable, considering the dangers of that time, for he often did deposit considerable sums in the hands of a Worthy Gentleman of the Kings Party, who knew their Necessities well, and was to distribute his Charity according to his own discretion, without either letting them know from whence it came, or giving himself any Account to whom he had given it.

Cromwell seeing him possessed of so much Practice; and being one of the most Eminent Men of the Law, who was not at all afraid 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 prejudice it would be to himself, to exchange the easy and safer Profits he had by his Practice, for a Judges place in the Common-Pleas, which he was required to accept of, yet he did deliberate more on the Lawfulness of taking a Commission from Usurpers; but having considered well of this, he came to be of opinion, that it being absolutely necessary, to have Justice and Property kept up at all times, it was no sin to take a Commission from Usurpers, 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 Bridgman, and Sir Geoffery Palmer; and was also satisfied concerning the Lawfulness of it, by the resolution of some famous Divines, in particular Dr. Sheldon, and Dr. Henchman, who were afterwards promoted to the Sees of Canturbury and London.

To these were added the importunities 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 themselves held him in that Estimation, 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 persuasion soever they might be, in relation to Public 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 Capital 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 often be legal and warrantable Actions, and that the putting Men to Death on that account was Murder; but for the ordinary Felonies, he at first was of opinion, that it was necessary even in times of Usurpation to Execute Justice in those cases, as in matters of Property.

But after the King was Murdered, he laid by all his Collections of the Pleas of the Grown; and that they might not fall into ill hands, he hid them behind the Wainscotting of his Study, for he said there was no more occasion to use them, till the King should again be 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 Judge, when he went on the Circuit, he did sit on the Crown-side, and Judged Criminals; But having considered further 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 indeed he had so carded himself in some Trials, that they were not unwilling he should withdraw from meddling further in them, of which I shall give some instances.

Not long after he was made a Judge, which was in the year 1653, when he went on the Circuit, a Trial was brought before him at Lincoln, concerning the Murder of one of the Townsmen, who had been of the Kings Party, and was killed by a Soldier of the Garrison there. He was in the Fields with a Fowling-piece on his shoulder, which the Soldier 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 Arms, and so he would have forced it from him, but as the other did not regard the Order, so being stronger than the soldier, he threw him down, and having beat him, he left him. The Soldier went into the Town, and told one of his fellow Soldiers 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 Soldier struck at him, and as they were struggling, the other came, 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 Evidence of forethought Felony, so he was only found guilty of Man-slaughter, and Burnt on the Hand. But the other was found guilty of Murder, and though Colonol Whaley, that Commanded the Garrison, came into the Court and urged, That the man was killed only for disobeying the Protectors Order, and that the soldier was but doing his Duty, yet the Judge regarded both his Reasons and Threatenings 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 granted for it.

Another occasion was given him, of showing both his Justice and Courage, when he was in another Circuit, he understood that the Protector had ordered a Jury to be returned for Trial, in which he was more than ordinarily concerned. Upon this information, 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-Sheriff concerning it, he found the Jury had been returned by order from Cromwell, upon which he showed the Statute, that all Juries ought to be returned by the Sheriff, or his Lawful Officer; and this not being done according to Law, he dismissed the Jury, 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 Judge, to which all the answer 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 Churcl4 and had disturbed a Congregation, while they were receiving the Sacrament, not without some violence. At this he was highly offended, for he said it was intolerable for men, who pretended so highly to Liberty of Conscience, to go and disturb others, especially those who had the encouragement 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 meddle no more with the Trials on the Crown-Side.

When Penruddock's Trial was brought on, there was a Special Messenger sent to him, requiring him to assist at it. It was in Vacation-time, and he was at his Country House at Alderly. He plainly refused 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 afraid of doing it.

He was at that time chosen a Parliament-Man, (for there being then no House of Lords, Judges might have been chosen to sit in the House of Commons) and he went to it, on design to obstruct the mad and wicked projects then on foot, by two Parties, that had very different Principals and Ends.

On the one hand, some that were perhaps more sincere, yet were really Brainsick, designed they knew not what, being resolved 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 Enthusiatical Scheme', which they called the Kingdom of Christ, or of his Saints; many of them being really in expectation, that one day or another, Christ would come down, and sit among them, and at least they thought to begin the Glorious Thousand Years mention in the Revelation. Other at the same time, taking 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 copied from those at Munster in the former Age, intended to improve that opportunity to raise their own fortunes and families. Amidst these, Judge Hale steered a middle course, for as he would engage 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 forseeing, 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 he then done, was to oppose the ill-designs of both Parties, the Enthusiasts as well as the Usurpers. Among the other extravagant Motions made in this Parliament, one was, to destroy all Records in the Tower, and to settle the Nation on a New Foundation, so he took this Province to himself, to shew the Madness of this Proposition, the Injustice of it, and the Mischiefs that would follow on it, and did it with such clearness, and strength of Reason as not only satisfied all sober persons (for it may be supposed that was soon done) but stopped even the mouths of the frantick people themselves. Thus he continued administering Justice till the Protector died, but then he both refused the Mournings that were sent to him and his Servants for the Funeral, and likewise to accept of the New Commission that was offered him of Richard, and when the rest of the Judges urged it upon him, and employed 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 of Gloucester. It appeared at that time how much he was beloved and esteemed in his neighbourhood, for though another, who stood in competition with him, had spent near a Thousand Pounds to procure voices, a great sum to be employed that way in those days, and he had been at no cost, and was so far from soliciting it, that he had stood out long against those who pressed 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 ) Berkley, who bore all the charge of the Entertainments on the day of his Election, which was considerable, and had engaged 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 Embroidery of the Belt, did not suite well with plainness of his clothes, and indeed the Election did not hold long, for as soon as ever he came into the Field, he was chosen by much the greater Number, though the Poll continued for three of four days. In that Parliament he bore his share in the happy period, then put to the confusions that threatened the utter Ruin of the Nation, which, contrary to the expectations of the most sanguine, settled in so serene and quiet a manner, that those who had formerly built so much on their successes, 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 were of great use to him. But it will not seem strange that a Judge behaved himself as he did, who at the entry into his Employment, set such excellent 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 matter, in which Justice was concerned. One of the first Peers of England went once to his Chamber, and told him, that having a Suit in Law to be Tried before him, he was then to acquaint him with it, that he might the better understand it, when it should be come to be heard in Court. Upon which the Lord Chief Baron interrupted 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 he 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 complained of it to the King, as a Rudeness that was not to be endure & But his Majesty bid him content himself that he was no worse used, and said he verify believed he would have used him no better, if he had gone to solicite him in any of his own Causes.

Another passage fell out in one of his Circuits, which was somewhat censured as an affection of an unreasonable strictness; but it flowed from his Exactness, to the Rules he set himself. A Gentleman had sent him a buck for his Table, that had a Trial at the Assizes; So when he heard his Name, be asked if he was not the same Person that had sent him Venison and finding he was the same, he told him he could no-L 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 very Judge that had gone that Circuit, which was conf'umed by several Gentlemen then present; but all would not do, for the Lord Chief Baron had learned from Solomon, that a gift perverteth the ways of judgement; and therefore he would not suffer the Trial to go on, till he had paid for the present; upon which the Gentleman withdrew the Record. And at Salisbury the Dean and Chapter having, according to the Custom, presented him six Sugar Loaves in his Circuit, he made his Servants pay for the Sugar before he would try their Cause.

It was not easy for to throw off the importunities of the Poor, for whom his compassion wrought more powerfully than his regard to wealth and greatness, yet when Justice was concerned, 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 Chief Baron to set his hand to a Certificate, to restore him to it, or provide him with another: But he told him plainly, 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 not, and he should curse him for it every day. But that having no effect, then he fell out into all the reproachable words, that passion and despair could inspire him with; to which all the answer the Lord Chief Baron made was that he could very well bear all his reproaches, but he could not for all that set his hand to his Certificate. He saw he was poor, for he gave him a large Charity, and sent him away.

But now he was to go after his Pattern, Pomponius Atticus, still to favour relief of them that were loved, so besides great Charities to the Nonconformists, 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 inclined to stretch the Laws too much against them. He lamented the differences that were raised 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 spoke them.

He thought many of the Nonconformists had merited highly in the Business of the Kings Restoration, and at least deserved that the Terms of Conformity should not have been made stricter than they were before the War. There was not then that dreadful prospect of Popery, that has appeared since. But that which afflicted him most, was, he saw the Heats and Contentions which followed upon those different Parties and Interests, did take People off from the Indispensible things of Religion, and sickened the Zeal of (other ways) Good men for the substance of it, so much being spent about external and indifferent things. It also 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 stile; He thought such Writers wounded 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 show ridiculous, and from thence persuaded the World to laugh at both, and at all Religion for their sakes. 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 proceedings too rigorously against the Nonconformists, so he declared himself always on the side of the Church of England, and said those of the Separation were good Men, but they had narrow Souls, who would break the peace of the Church, about such inconsiderable Matters, as were the points in difference.

He scarce ever meddled in State-Intrigues, yet upon a Proposition that was set on foot by the Lord Keeper Bridgeman, for a Comprehension of the more moderate Dissenters, and a Limited Indulgence towards such as could not be brought within the Comprehension, he dispensed with his Maxim, of avoiding to engage in Matters of State. There were several Meetings upon that occasion. The Divine of the Church of England, that appeared most considerable for it, was Dr. Wilkins, afterwards promoted to the Bishoprick of Chester, a Man of as great a Mind, as true a Judgement, 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 received, and the vast Dangers the Reformation was like to fall under by those Divisions, set about that project with the Magnanimity that was indeed peculiar 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 most Eminent of the Presbyterian Divines, Heads were agreed on some Abatements were to be made, and Explanations were to be accepted of The particulars of that Project being thus concerted, they were brought to the Lord Chief Baron, who put them in form of a Bill, to be presented to the next Sessions of Parliament.

But the two Parties appeared vigorously 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 Settlements, for the sake of some they esteemed Schismatics. They also believed, it was better to keep them out of the Church, than bring them into it, since a Faction 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 compliance with the humour of a party; as soon as that was done, another party might demand other Concessions, and there might be as good reasons invented for these as for those: Many such Concessions 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 reasons brought, and chiefly 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 opposed it upon very different ends: They designed to shelter the Papists from the execution of the Law, and saw clearly that nothing 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 Toleration to pass, only as a slackening the Laws against Dissenters, whose numbers and wealth made it advisable 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 acceptable 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 looked on with an ill eye, as secret Favourers of the Dissenters, Underminers of the Church, and everything also that Jealousy and distaste could cast on them.

But upon this occasion, the Lord Chief Baron and Dr. Wilkins, came to contract a firm and familiar Friendship; and the Lord Chief Baron having much Business, and little time to spare, did to enjoy the other 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-College; Dr. Tillotson , Dean of Canterbury; and Dr. Stillingfleet, Dean of St. Pauls, (Men so well known, and so much esteemed, that it was no wonder the Lord Chief 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 among Judge Hale's Friends) yet there was an intimacy and freedom 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 lreland, Bishop Usher. Their curious searches into Antiquity, 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 looked on his neighbour at Acton, whom he looked on as a person of great Devotion and Piety, and of very subtle and quick apprehension. 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 into better hands. 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 observe.. of the Lords-Day, in which, besides his constancy in the Public Worship 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 Circumstances,. and that being done, he had custom of shutting himself 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 wrote about them with the same simplicity that he formed them in his Mind, without any Art or so much as a thought to let them be published. He never corrected them, but 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 he a public service, Printed two Volumes of them in Octavo a little before the Author's Death, containing his;

In them there appears a generous and true Spirit of religion, mixt with most serious and fervent Devotion; and perhaps with the more advantage, that the style wants some correction, which shews they were the genuine Productions of an excellent Mind, entertaining it seat in secret with such Contemplations. The style is clear masculine, in due temper, between flatness and affectation, in which he expresses his thoughts both easily and decently. In writing these Discourses, having run over most of the Subjects that his own circumstances led him chiefly to consider, he began to be in some pain to choose new Arguments; and therefore resolved to fix on a theme that should hold him longer.

He was soon determined in his choice, by the immoral and irreligious Principles and Practices, that had so long vexed his Righteous Soul: And therefore began a great design against Atheism, the first part of which is only Printed, of the Origination of Mankind, designed to prove the Creation of the World, and the Truth of the Mosaical History. The Second Part was of the Nature of the Soul, and future State. The Third Part was concerning the Attributes of God, both from the abstracted ideas of him, and the Light of Nature's, the Evidence of Providence's , the Notions of Morality, and the Voice of Conscience. And the Fourth Part was concerning the Truth and Authority of the Scriptures, with Answers to the Objections against them. On writing these, he spent seven years. He wrote them with so much consideration that one who perused the Original under his own hand, which was the first draught of it, told me he did not remember of any considerable alteration, 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 oftener when he was in the Country, made, that they are not so contracted, as it is very likely he would have written them, if he had been more at leisure to brought his thoughts into a narrower compass, and fewer words. But making some allowance for the largeness of the style, that Volume that is Printed, is generally acknowledged to be one of the perfectest pieces, both of learning and Reasoning, that has been written on that Subject: And he who read a great part of the other Volumes, told me, They were all of a piece with first.

When he had finished this Work, he sent it by an unknown hand to Bishop Wilkins, to desire his Judgement of it; but he who brought it, would give no other Account of the Author, but that he was not a Clergy-man. The Bishop, and his worthy friend Dr. Tillotson, read a great deal if 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 Knowledge, 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 Chief Baron; to which the other presently agreed, wondering he had been so long in finding it out. So they went immediately to him, and the Bishop thanking him for the Entertainment he received from his Works, he blushed extremely, not without some displeasure, apprehending 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 delivering 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 Judge 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 never afterwards correct it: He runs out Copiously upon the Argument of the Impossibility of an Eternal Succession of Time, to shew that Time and Eternity are inconsistent one with another; And that therefore all Duration that was past, and defined by time, could not be from Eternity; and he shows the difference between successive Eternity already past, and one to come; So that 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 cannot be turned to prove the possibility of Eternal Successions, that have been, as well as Eternal Successions that shall be. This he follows with a Strength, I have never met in any that Managed it before him. He brings next all those Moral 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 Kingdoms; 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 Candour and Probity, that he would not Impose on the Reader with a false show of Reasoning by Arguments, that he had Flaws in them; and therefore upon everyone of these, he adds such Allays, as in a great measure lessened and took off their force, with as much exactness of Judgement, and strictness of Censure, 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 Trial for Life and Death to the Jury; which how Equally and Judicially he always did, the whole Nation well knows.

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 possible the Face of the Earth was more even than now it is: The Seas possibly more dilated and extended, not so deep as now. And a little after, Possibly the Seas have undermined much of the appearing 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. Burnett of Christ's College in Cambridge, who has given such an Essay towards the proving the possibility of an Universal Deluge; and from thence has Collected with great Sagacity, what Paradise was before it, as has not been offered by any Philosopher before him.

While the Judge was thus employing his time, the Lord Chief Justice Keyling dying, he was on the 18th of May 1671, promoted to be Lord Chief Justice of England. He had made the Pleas of the Crown one of his Chief Studies, and by much search, and long observation, had Composed that great Work concerning them, formerly mentioned; he that holds the High Office of Judiciary in that Court, being the Chief Trustee, and Assertor of the Liberties of his Country. All People applauded this Choice, and thought their Liberties could not be better deposited, than in the hands of one that he understood them well, so he had all the Justice and Courage, that so Sacred a Trust required. One thing was much observed and commanded in him, that when there was a great Inequality in the Ability and Learning of the Counsellors that were to Plead one against another; he thought it became him, as the Judge; 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 quickness and skill in Law, and readiness 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 Judgement 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 acquiesce 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 Judgement was really a learned Lecture upon that point of Law: And which was yet more; the Parties themselves, though interest does too commonly corrupt Judgement, were generally satisfied with the Justice of his Decisions, even when they were made against them. His Impartial Justice, and great Diligence, drew the Chief Practice after him, into whatsoever Court he came. Since, though the Courts of the Common-Pleas, the Exchequer, and the Kings-Bench, are appointed for the Trials of Causes of different natures, yet it is easy to bring most Causes into any of them, as the Council or Attorneys please; so as he had drawn the Business much after him, both into the Common-Pleas, and the Exchequer, it now followed him into the Kings-Bench; and many Causes 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 he spent the rest of his Public Life and Employment. But after 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 Equality 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 preparing for his Change.

He was also so much disabled in his Body, that he could hardly, though supported by his Servants, walk through Westminster-Hall, or endure the toil of Business: He had been a long time wearied with the Distractions that his Employment had brought on him, and his Profession was become ungrateful to him. He loved to amply himself wholly to better Purposes, as will appear by a Paper that he wrote on this Subject, which I shall here insert.

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 abandon 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 disengaged 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 Importunities 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 obliged to continue in the Employment God had put him in for the good of the Publick But to this he such an answer, that even those who were most concerned in his withdrawing, 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 Conscience 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 Kingdom received by his Excellent Administration of Justice, that the King, though he could not well deny his Request, yet he deferred the Granting of as long as was possible: Nor could the Lord Chancellor be prevailed with to move the King to hasten his Discharge, though the Chief Justice often pressed him to it. At last having wearied himself, and all his Friends, with his importunate desires; and growing sensibly weaker in body, he did upon the 21st day of February, 28 Car. 2. Anno Dom. 1676, go before a Master of the Chancery, with a little Parchment-Deed, drawn by Himself, and written all with his own hand, and there Scaled and Delivered it, and acknowledged it to be enrolled, and afterwards he brought the original Deed to the Lord Chancellor, and did formally surrender his Office in these words;

He made this Instrument, as he told the Lord Chancellor, for two ends; the one was to shew the World his own free Concurrence to his Removal, another was to obviate an Objection heretofore made, that a Chief Justice, being placed by Writ, was not removable at pleasure, as Judges by Patent were; which opinion, as he said, was once held by his Predecessor the Lord Chief Justice 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 surrendered to the King in Person, who parted from with great Grace, wishing him most heartily the return of his health; and assuring him, That he would still look upon him as one of his Judges, and have recourse to his advice when his health would permit; and in the mean time would continue his Pension during his Life. The good man thought this bounty too great, and an ill precedent for the King, and therefore wrote 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 together, he would not suffer his Servant to Sue out his Patent for his Pension; and when the first payment was received, he ordered a great part of it to Charitable Lives; 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 occasion to a Dispute whether the Pension for that Quarter was recoverable; yet the King was pleased to decide that Matter against himself, and ordered the Pension to be paid to his Executors.

As soon as he was discharged from his great Place, he returned home with as much cheerfulness, as his want of health could admit of, being now eased of a burden 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 Translation of, or rather Paraphrase upon, those excellent lines in,

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 employments were determined; upon that he advised them to see for themselves, 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 Domestics.

He was discharged the 15th of February 1676, and lived till the Christmas following; but all the while was in so ill a State of Health, that there were 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 constantly to his Closet; 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 Deliverance approaching; for besides his being weary of the World, and his longings for the Blessedness of another State, his pains increased so on him, that no patience inferior 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 under them, that it was visible then, what mighty effects his Philosophy and Christianity had on him, in supporting 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 on it. He, was attended on in his Sickness, by a Pious and Worthy Divine, Mr Evan Griffith, Minister of the Parish, and it was observed, that in all of the extremities of his pain, when ever he prayed by him, he forebore 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 Father's 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 Devotion; which it may be supposed was the greater, because he apprehended 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 continued to enjoy the free use of his Reason and Sense 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 Blessed State, of which he was now speedily to be possessed.

He had for many years a particular Devotion for Christmas-day; and after he had received the Sacrament, and had been in the performance of the Public Worship 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 wrote on seventeen several 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 in as well as in other things; but he wrote them rather to entertain himself, than to merit the Laurel.

I shall here add one which has not been yet printed, and it is not unlikely it was the last he wrote, it is a Paraphrase on Simeon's Song. I take it from his blotted copy, not at all finished; so the Reader is to make allowance for any imperfection he may find in it.

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 strugglings, nor seemed to be in any pangs in his last Moments. He was buried on the 4th of January, Mr Griffith Preaching the Funeral-Sermon; his Text was the 57 of Isaiah, 1 Verse, The Righteous Perisheth, and no Man layeth it to heart; and Merciful Men are taken away, none considering 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 at Alderly, among 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, decent and plain, the Tomb-stone was black Marble, and the sides were black and white Marble; upon which he himself had ordered this bare and humble Inscription to be made:

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 injure Him, and lessen the Memory 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 commended, and proposed for the imitation of others, that I am afraid some may imagine, I am rather making a picture of him, from an abstracted Idea of great Virtues and Perfections, than setting him out, as he truly was: But there is great encouragement in this, that I write concerning a Man so fresh in all Peoples Remembrance, that is so lately dead, and was so well known, that I shall have many vouchers, who will be ready to justify 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 always early in the Morning; he love to walk much abroad; not only in his Health, but he thought it opened his Mind, and enlarged his thoughts to have the Creation 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 great exactness of Method; he took nothing on Trust, but pursued his Enquiries as far as they could go; and as he was humble enough to confess his Ignorance, and submit to Mysteries which he could not comprehend; so he was not easily imposed on, by any shew of Reason, or the Bugbears of vulgar Opinions: He brought all his Knowledge as much to Scientifical 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 he brought into a Scheme, nor formed into a Rational Science, by reason of the Indigestedness of it, which rendered it very hard to be understood, or reduced into a Method; 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 lent it. Upon this hint, some pressed him to Compile a Body of the English Law; it could hardly ever be done by a Man who knew it better, and would with more Judgement and Industry have put it into a Method. But he said, As it was a Great and Noble Design, which could be of vast Advantage to the Nation; so it was too much for a private Man to undertake; It was not to be entered upon, but by Command of the Prince, and with the Communicated Endeavours of some of the most Eminent of the Profession. He had great vivacity in his Fancy, as may appear by his Inclination to Poetry, and the lively Illustrations, and many tender strains in his Contemplations; but he looked on Eloquence and Wit, as things to be used very chastely, in serious matters, which should come under a severer Inquiry: Therefore he was both, when at the Bar, and on the Bench, a great Enemy to all Eloquence or Rhetorick in Pleading; He said, If the Judge or Jury, had a right understanding, it signified nothing, 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 biasing their affections; and wondered much at that Affectation of the French Lawyers, in initiating, the Roman Orators in their Pleadings: For the Oratory of the Romans, was occasioned by their Popular Government, and those Factions of the City; so that those who intended to excel in the Pleading Causes, were trained up in the Schools of the Rhetors, till ready and expert in the 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 Decorum with his skill in Rhetorick, do still entertain the Readers of them with great pleasure: But at that same time, it must be acknowledged, that there is not the Chastity of Stile, that closeness of Reasoning, nor that Justness 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 by himself, and all who read them, will acknowledge, they are better pleased with them as Essays of Wit and Style, than as Pleadings, by which such a Judge as ours was, would not be much wrought on. And if there are such Grounds to censure the performances of the greatest Master in Eloquence, we may easily infer what nauseous Discourses the other Orators made; since in Oratory, as well as in Poetry, none can do indifferently. So our Judge wondered 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 a few words, and home to the point: And when he was a Judge, he held those that pleaded before him, to the main hinge of the Business, and cut them short when they made excursions about circumstances of no moment, by which he saved much time, and made the chief difficulties be well stated and cleared.

There was another Custom among the Romans, which he as much admired, as he despised their Rhetorik, which was that, that Juris-Consults were the Men of the highest quality, who were bred to be capable of the Chief Employment 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 the only 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 Justinian; for true Orators, or Causidici, that Pleaded Causes, knew little of the Law, and only employed their mercenary Tongues, to work on the Affections of the People and the Senate, or Pretors. Even in most of Tully's Orations there is little of Law; and that little which they might sprinkle in their Declamations, they had not from their own Knowledge, but the Resolution of some Juris- Consult. According to that famous 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 Juris-Consult reproached him, and said, It was a shame for him that was Nobleman, a Senator, and a Pleader of Causes, to be thus Ignorant o Law. This touched him sensibly, that he set about the Study of it, and became one of the most Eminent Juris-Consults that ever were at Rome. Our Judge 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 Juris-Consults were in theirs.

But where a decent Eloquence was allowable, Judge Hale knew how to have excelled as much as any, either in Illustrating his Reasonings, by proper and well pursued Similes, or by such tender Expressions, 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 Contemplations 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 Similes, I shall give a large Instance out of his Book of the Origination of Mankind, designed to expose the several different Hypotheses the Philosophers tell on, concerning the Eternity and Original of the Universe, and to prefer the Account given by Moses, to all their Conjectures, in which, if my Taste does not misguide me, the Reader will find a rare and very agreeable mixture, both of fine writ, and solid Learning and Judgement.

That which may Illustrate my meaning, in this Preference of the revealed Light of the Holy Scriptures, touching this Matter, above the Essay of a Philosophical Imagination, may be this; Suppose the Greece being unacquainted with the Curiosity of Mechanical Engines, though known in some remote Region of the World; and that an Excellent Artist had secretly brought and deposited in some Field, or Forest some excellent Watch, or Clock, which had been formed, that the Original of its motion were hidden, and involved in some close contrived piece of Mechanism; that this Watch was so framed, that the Motion thereof might have lasted a year, or some such time, as might give a reasonable period for their Philosophical deserting concerning it; and that in the plain Table there had been not only the Description and Indication of Hours, but the Configurations and Indications of the various Phases of the Moon, the motion and place of the Sun in the Ecliptic, 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, casually in their Walk, found this Admirable Automation, what kind of Work would there have been made by every Sect, in giving an account of the Phenomenon: We should have had the Epicurean Sect, have told the By-standers, according to their preconceived Hypothesis, That this was nothing else but an accidental Concretion of Atoms, that happily fallen together, had made up the Index, the Wheels, and the Balance. and that being happily fallen into this posture, they were put into Motion. Then the Cartesian falls in with him, as to put the main of their Suppositions; but tells him, That he doth not sufficiently explicate how the Engine is put into Motion; and therefore to furnish this Motion, there is a certain Materia Subtilis that pervades this Engine, and the Moveable parts, consisting 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, because those Motions are so regular, and do express the various Phenomena of the distribution of Time, and the Heavenly Motions; therefore it seems to him, that this Engine and Motion also, so Analogical to be Motions of the Heavens, was wrought by some admirable Conjunction of the Heavenly Bodies, which formed this Instrument and its Motions, in such an admiral correspondency to its own Existence. A Fourth, disliking the Suppositions of the three former, tells the rest, That he hath a more plain and evident 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, such congruity of their whole composition, and such curious and various Motions, as we observe in them, hath formed and set Motion this admirable Automaton, regulated and ordered, it, with all these Congruities we see in it Then steps in an Aristotelian. and being dissatisfied with all the former Solutions, tells them, Gentlemen, you are all mistaken; your Solutions are inexplicable and unsatisfactory; you have taken up certain precarious Hypotheses; and being prepossessed 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 Machine is eternal, and so are all the Motions of it; and in as much as a Circular Motion bath no beginning or end, this Motion that you see both in the Wheels and Index, and the successive Indications of the Celestial Motions, is Eternal, and without beginning. And this is a ready and expedite way of solving the Phenomena, without so much ado as you have made about it.

And whilst all the Masters were thus contriving the Solution of the Phenomena, in the hearing of the Artist that made it; and when they had all spent their Philosophizing upon it, the Artist that made this Engine, and all this while listened to their admirable Fancies, tells them, Gentlemen, you have discovered very much Excellency of Invention, touching this piece of Work that is before you. but you are all miserably mistaken; for it was I that made this Watch, and brought it hither, and I will show you how I made it. First, I wrought the Spring, and the Face, and the Wheels, and the Balance, and the Case and the Table. I fitted them one to another, and placed these several Axis that are to direct the Motions of the Index to discover the hour of the Day, of the Figure that discovers the Phases of the Moon, and the other various Motions you see; and then I put it together, and wound up the Spring, which hath given all the Motions, that you see in this curious piece of Work; and that you may be sure, I tell you true, I will tell you the whole Order and Progress of my making, disposing and ordering of this piece of Work, the several Materials of it, the manner of the forming of every Individual part of it and how long I was about it.

This plain and evident discovery renders all these excogitated Hypotheses of those Philosophical Enthusiasts vain and ridulous, without any great help of Rhetorical Flourishes, or Logical Confutations. And much of the same nature is that disparity of the Hypotheses of the Learned Philosophers, in relation to the Origination of the World and Man, after a great deal of dust raised, and fanciful Explications, and unintelligible Hypothesis. The plain, but Divine Narrative by the hand of Moses, full of sence, and Congruity, and Clearness, and Reasonableness in it self, does at the same moment gives us a true and clear discovery of this great Mystery, and renders all the Essays of the generality of the Heathen Philosophers to be vain, inevident, and indeed inexplicable Theories, the Creatures of Phantasy and Imagination, and nothing else.

As for his Virtues, they have appeared so conspicuous in all the Several Transactions, and Turns of his Life, that it may seem needless, to add any more of them, then has been already related; but there are many particulars instances which I knew not how to fit to the several years of his Life, which will give us a clearer and better view of him.

He was a devout Christian, a sincere Protestant, and a true son of the Church of England; moderate towards Dissenters and Just, even to those from whom he differed most, which appeared signally in the we he took, in a Case of the Quakers-, wherein he was very cautious in declaring their Marriages void, and so bastardising their Children; but he considered Marriage and Succession as a Right of Nature, from which none ought to be barred, what mistake soever they might be under, in the points of revealed Religion. And therefore in a Trial that was before him, when a Quaker was Sued for some Debts owing by his Wife before he Married her; and the Quakers Council pretended, That it was no Marriage that had past between them, since it was not Solemnised according to the Rules of the Church of England; He declared, that he was not willing on his own opinion to make their children bastards, and gave directions to the Jury to find it Special, which they did. It was a reflection on the whole Party, that one of them, to avoid an inconvenience he had fallen in, thought to have preserved himself by a Defence, that if this Judge had absolutely determined, must have made their whole issue bastards, and incapable of Succession; and for all their pretended friendship to one another, if this Judge had not been more their friend, than one of those they so called, their Posterity had been little beholding to them. But he governed himself indeed by the Law of the Gospel, of doing to others, what he would have others do to him; and therefore because he would have thought all Marriages made according to the several persuasions of Men, ought to have their effects in Law.

He used constantly to Worship God in his Family, performing it always himself, if there was no Clergy-man present; But as to his private Exercises in Devotion, 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 in his Humility in covering it, commends him much more than the highest expressions of Devotion could have done.

From the first time that the Impressions of Religion settled 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 afraid he should at some time or other, do some enormous thing, which if he were looked on as a very Religious Man, might cast a reproach on the 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 Scandal, but shined in all the Parts of his Conversation; and perhaps the distrust he was in of himself, contributed not a little to the Purity of his Life; for he being thereby obliged to be more watchful over himself, and to depend more on the aids of the Spirit of God, no wonder if that humble temper produced those excellent effects in him.

He had a Soul enlarged and raised above that mean appetite of loving money which is generally 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 both Parties after that, would go on, they were to seek another Counsellor, 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 abated much of the Scrupulosity he had for Causes that appeared at first view unjust. Upon this occasion there were two Causes brought to him, which by the Ignorance of the Party, or their Attorney, were so ill represented to him, that seemed to be very bad, but enquiring more narrowly into them, found they were really very good and just; So after this he slackened much of his former strictness, of refusing to meddle in Causes upon the ill Circumstances that appeared in them at first.

In his pleading he abhorred those too common faults of mis-reciting Evidences, quoting Precedents, or Books falsely, or asserting things confidently; by which ignorant Juries, or weak Judges, are too often wrought on. He Pleaded with the same sincerity that he used in 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 money he was to be hired to say or do otherwise than as he thought. All this he ascribed to the unmeasureable desire of heaping up wealth, which corrupted the Souls of some that seemed to be otherwise born and made for great things.

When he was a Practitioner, differences were often referred to him, which he settled, but would accept 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 Judge, and a Judge 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 Practice on himself, he subdued that to such a degree, that he would never run -suddenly into any Conclusion concerning any, Matter of Importance. Festina lente was his beloved Motto, which he ordered to be Ingraven on the Head of his Staff, and was often heard say, That he had observed many witty Men run into great Errors, because they did not give themselves time to think, but the heat of Imagination making some Notions appear in good Colours to them, they without staying till that cooled, were violently led by the Impulses it made on them; whereas calm and slow Men, who pass for dull in the common estimation, 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 informed 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, were sent by him to the Jails, to discharge poor Prisoners, who never knew from ,whose hands their Relief Came. It is also a Custom for the Marshal of the Kings-Bench, to present the Judges of that Court with a piece of Plate for the New-years-gift, that for the Chief 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 Successors, so he was persuaded to take it; but he sent word to the Marshal, 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 Relief and Discharge of the Poor there. He usually invited his poor Neighbours 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 relieve the Poor in his own Parish, but sent Supplies to the Neighbouring Parishes, 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 the 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 liberally, even among Street-Beggars; and, when some told him that he thereby encouraged idleness, he used to answer that he believed most of them were such, but among them there were some that were great Objects of Charity, and pressed with grievous necessities, and that he had rather give his Alms to twenty, who might be perhaps Rogues, than that one of the other sort, should perish for want of that small Relief which he gave them.

He loved Building much, which he effected chiefly, because it employed many poor People; but one thing was observed in all his buildings, that the changes he made in his Houses, were always from magnificence to usefulness, for he avoided everything 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 and well as righteous. One instance of this was, of a Widow 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, according 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 abatements 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 Justice 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 in his. A great heap of this he had gathered 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 Chamber and stole it,: thinking they had got a Prize, which he used to tell with some pleasure, imagining how they found themselves deceived, when they perceived what sort of Booty they had fallen on.

After he was made a Judge, he would needs pay more for every Purchase he made than it was worth. If it had been but a House 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 became Judges 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 easy rate. and said it was suitable to the Reputation, which a Judge ought to preserve, to make such Bargains, that the World might see they were not too well used upon some secret Account. In Sum, his Estate did show how little he had minded the raising a great Fortune, for from a Hundred pound a Year, he raised it not quite to Nine Hundred, and of this a very Considerable part came in by his share of Mr. Selden's Estate. Yet this considering his great Practice while a Counsellor, and his constant, frugal, and modest way of living, was but a small Fortune: In the share that fell to him by Mr. Selden's Will, one memorable thing was done by him, with other Executors, by which they both showed their regard to their dead Friend and their love of the Public. His Library was valued at some Thousands of Pounds, and was believed to be one of the most curious Collections in Europe. So they resolved to keep this entire for the Honour of Selden's Memory, and gave it to the University of Oxford, where a noble Room was added to the former Library for its Reception, and all due respects have been since showed by that Great and Learned Body, to those their worthy Benefactors, who not only parted 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 the University, and had left it so by his Will; but having occasion for a Manuscript, which belonged to their Library, they asked of him a Bond of a Thousand 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 considered better of it, came to this Resolution, that they were to be Executors of Mr. Selden's Will, and not of his Passions, 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 uneasy to our Judge, 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 Hundred 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 Lincoln's Inn, and for the Information of those who are curious to search into such things, there shall be a Catalogue of them added 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 mastered 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 appeared 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 Trials, that the nature of man is as little able to bear, as any whatsoever. There was one who did him great Injury, which it is not necessary to mention, who coming afterwards to him for his advice in the settlement of his Estate, he gave it very frankly to him, but would accept of no Fee for it, and thereby showed 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 hainously. And when 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 beside the great temper he expressed in all his public employments, 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 reclaiming them: When any of them neglected any part of their Duty; he would not see them at their first coming home, and sometimes not till the next day, lest 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 giving by it to himself. But if they become 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 disorders in his own House: He advanced his servants according to the time they had been about him, and would never give occasion to envy amongst 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, dm a Master, giving them often good advice and instruction. He made those who had good places under him, give some of their profits 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 particular kindness for one of them, Rob. Gibbon, of the Middle Temple, Esq., in whom he had that Confidence, that he left him as one of his Executors. I the rather mention him, because of his noble Gratitude to his worthy Benefactor and Master, for he has been so careful to preserve his Memory, that as he set those on me, at whose desire I undertook a write his Life; So he has procured for me a great part of those Memorials, and Informations, out of which I have composed it.

The Judge was of a most tender and compassionate Nature; this did eminently appear in his Trying and giving Sentence upon Criminals, in which he was strictly careful, that not a circumstance 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 Judge, and the pity that was due to Men, whose Lifes lay at Stake, so that nothing of jeering or unreasonable severity fell from him. He also examined the Witnesses in the softest manner, 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 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 Trials, when he sat Judge, to be edified by his Speeches, and behaviour in them, and used to say, they have heard very few such Sermons.

But though the pronouncing the Sentence of Death, was the piece of his Employment, that went most against the grain with him; yet in that, he could never be molified to any tenderness which hindered Justice. When he was once pressed to recommend some (whom he had Condemned) to his Majesties Mercy and Pardon; he answered he could not think they deserved a pardon, whom he himself Adjudged to Die. So that all he would do in that kind was to give the King a true Account 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 to put them only to easy work, such as going to the 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 killed or lost him, but the Judge 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 an" than with one of his Servants for neglecting a Bird that he kept, so that it died for want of food.

He was a great encourager of all young Persons, that he saw followed their Books diligently, to whom he used to give directions 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 anything amiss in them, particularly if they went too fine in their Clothes, he would tell them, it did not become their ' Profession: He was not pleased to see Students wear long Perriwigs, or Attorneys go with Swords; so that such young men as would not be persuaded to part with those vanities, when they went to him, laid them aside, and went as plain as they could, to avoid the reproof which they knew they might otherwise expect. He was very free and communicative in his Discourse, which he most commonly fixed on some good and useful Subject, and loved for an hour or two at Night, to be visited by some of his Friends. He neither said nor did anything with Affectation, but used a simplicity, that was both natural to himself, and very easy to others: And though he never studied the modes of Civility or Court Breeding, yet he knew not what it was to be rude or harsh with any, except if he were impertinently 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 service of his Table and way of living., he liked the old plainness so well, that as he would set up none of the new Fashions, so he rather affected a coarseness 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 cheerful than merry. Many wondered 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 unacceptable things and having said that, he went on to other discourses, with his ordinary freedom 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 Wisdom and Providence of God, and the just estimate he made of external things, did to admiration maintain the tranquillity of his Mind, and he gave no occasion by idleness to melancholy 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 other considerations preserve his quiet. And indeed that was so well established in him, that no accidents, how sudden soever, were observed to discomfort him, of which an Eminent Man of that profession gave me this instance; In the year I666, an Opinion did run through the Nation, that the end of the world would come that year: This, whether 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 public Peace, had spread mightily among the people, and Judge Hale going that year the Welfare Circuit, it happened, that as soon as he was on the Bench at the Assizes, a most terrible Storm fell out unexpectedly, accompanied with such flashes of lightning, 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 judgement 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 themselves to their prayers. This, added to the horror raised by the Storm, looked very dismally, on so much that my Author, a Man of no ordinary resolution, and firmness of mind, confessed it made a great impression on himself. But he told me, that he did observe the Judge was not whit affected, and was going on with the Business of the Court in his ordinary 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 considerable 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 representation 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 delighted with it, so the Noble person that sent it, will not be offended with me for keeping it entire, and setting it in the best light I could. It begins abruptly, being designed to supply the defects of others, from whom I had earlier and more copious Informations.

'He would never be brought in discourse of public Matters in private Conversation, but in questions of Law, when any young Lawyer put a Case to him he was very communicative, especially while he was at the Bar; But when he came to the Bench, he grew more reserved, and would never suffer his Opinion in any Case to be known, till he was obliged to declare it Judicially, And he concealed his Opinion in great Cases so carefully, that the rest of the Judges in the same Court could never perceive it. His reason was, because every Judge ought to give Sentence according to his own Persuasion and Conscience, and not be swayed by any respect or deference to another Man's Opinion; And by this means it happened sometimes, that when all the Barons of the Exchequer had delivered their Opinions, and agreed in their Reasons and Arguments, yet he coming to speak last, and differing in Judgement from them, hath expressed himself with so much Weight and Solidity, that the Barons have immediately retracted their Votes and concurred with him He hath sat as a Judge in aft the Courts of Law, and in two of them as Chief, but still where ever he sat, all Business of Consequence followed him, and no Man was content to sit down by the Judgement of any other Court. till the Case was brought before him, to see whether he were of the same mind, And his Opinion being once known, men did readily acquiesce in it, and 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 looked as a very contentious Person; So that what Cicero says of Brutus, did very often happen to him, 'Etiam quos contra Statuit Aequos placatosque Dimisit.'

Having thus far pursued his History and Character, in the Public and Exemplary parts of his Life, without interrupting the thread of the Relation, with was private and Domestic, I shall conclude with a short account of these.

He was twice married, his first wife was Anne, the daughter of Sir Henry Moor, of Faly in Berkshire, Grandchild to Sir Francis Moor, Sergeant at Law, with her he had ten children the first four died young, the other six lived to be all married., and he outlived them all, except his eldest daughter, and his youngest son, who are yet alive.

His eldest son Robert, married Frances, the daughter of Sir Francis Chock, of Avington, in Berkshire, and they both dying in a little time one after the other, left five children, two sons, Matthew and Gabriel, and three daughters, Anne, Mary, and Frances, and by the Judges advice, they both made him their Executor, so he took his grandchildren into 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 Gloucestershire, who died 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, married Mary, the daughter of Edmund Goodyere, Esqu; of Heythorp, in Oxfordshire, and still lives, he has two sons, and three daughters.

Ms eldest daughter Mary, was married to 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 Stephens, son of Edward Stephens. Esqu; of Cherington, in Gloucestershire.

His youngest daughter Elizabeth, 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. Joseph Bishop, of Faly, 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-Children to her Care, and left her one of his Executors, to whom he joined Sir Robert Jenkinson, 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 Printed, 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 Pie should give order for in his Life. But he seems to have changed his mind afterwards, and to have left it to the discretion of his Executors, which of them might be Printed, for though he does not express that, yet he ordered by a Codicil, 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 understood it, that made him unwilling to have any of his Works Printed after his Death, was, That he apprehended in the Licensing them (which was necessary before any book could be lawfully printed, by a Law then in force, but since his death, Rescinded), some things might have been struck out or altered, which he had observed not without some Indignation, had been done to a part of the Reports, one of which he has much esteemed.

This in a matter of Law, he said, might prove to be of such mischievous consequence, that he there-upon resolved none of his Writings should he at the Mercy of Licensers, and therefore because he was not sure they should be Published without Expurgations or Interpolations, he forbid the printing of any of them, in which he afterwards made some alteration, at least he gave occasion by his Codicil, to infer, that he altered his mind. This I have more fully explained, that his last Will may be no way misunderstood, and that his Worthy Executors, and his Hopeful Grandchildren, may not conclude themselves to be under an Indispensable Obligation, of depriving the Public of his excellent Writings.