The Lives of Sundry Eminent Persons, Part 2 · Biography 6
The Life and Death of Sir Matthew Hale, Knight, sometimes Lord Chief Justice of His Majesties Court of the Kings Bench, who Died, Anno Christi 1676.
MAtthew Hale was born at Alderly in Glocestershire, November the first, Anno Christi His Parentage.1609. His Grandfather was Robert Hale, an eminent Clothier in Wotten Ʋnder-Hedge, where he, and his Ancestors had lived for many Descents, and had given several parcels of Land for the use of the poor, which they enjoy to this day.
This Robert had got an Estate of Ten thousand pounds, which he divided almost equally among his five Sons, beside the Portions he gave with his Daughters. His second Son was Robert, who married Joan, the Daughter of Matthew Poynts of Alderly, El{que} of which Marriage there was no other issue, but this one Son, whose Grandfather by the Mothers side, was his Godfather, and gave him his own name of Matthew.
His Father was a man of such a tender Conscience, that he gave over the practice of the Law, whereunto he had been bred, because of some things commonly practised by Lawyers, which seemed to him contrary to that exactness of Truth and Justice which became a Christian; whereupon he withdrew himself from the Inns of Court, to live on his Estate in the Country. And thus we see what care he had of his Soul, which made him forsake so gainful a Profession, which might have enabled him to have raised his family much higher.
He was in the Country, very charitable to his Poor Neighbours whilst he lived, and at his death, he left out of his small Estate (which was but an hundred pounds per annum) twenty pound per annum to the poor of Wotton, which this his Son confirmed to them, with some Addition of his own, and with this direction, that it should be distributed among poor House-keepers, not to such as received Alms from the Parish. For to give to such, was only to ease the Rich, who by Law are bound to relieve them.
But our Matthew was soon deprived of the happiness of his Fathers care, and instruction. For as he had lost his Mother before he was three years old, so now his Father died before he was five: So early he was cast upon the Providence of God, which providence soon made up this loss in some good measure. For after some Opposition, he was committed to the care of Anthony Kingscot of Kingscot, Esq; who was his next Kinsman after his Uncles by the Mothers side.
Great care was taken of his Education, and his Guardian intended him for a Divine, Education.and being of those who were then called Puritans, he put him to such School masters as were of that party: And in the 17th. year of his Age, sent him to Magdalen-Hall in Oxford, where Mr. Obediah Sedgwick was his Tutor.
During his being at School, and for some time after his coming to Oxford he was a Corruption.hard Student, and an extroardinary proficient; till some Stage players coming thither, he was so much corrupted by seeing their Plays, that he almost wholly neglected his Studies. By this he, not only lost much precious time, but found that his heart came thereby to be fill'd with such vain Images of things, that were at best unprofitable, if not hurtful unto him: And being afterwards sensible of the mischief of this, he resolved of never seeing any more Plays, which he constantly adhered to.
His mind, being thus corrupted, he set himself to many other vanities which youth is addicted to. He loved fine Cloths, and delighted much in Company, and being of a strong body, he became a great Master in all those Exercises that required much strength. He learned also to Fence, and to use his Weapons, and grew so expert therein, that he worsted many of the Masters in those Arts.
He was now so taken up with those Martial matters, that instead of proceeding in his Studies, he resolved to be a Soldier; and his Tutor Sedgwick going into the Low-Countries, as a Chaplain to the Renowned Lord Horatio Vere, he resolved to go along with him and to trail a Pike in the Prince of Oranges Army. But a happy stop was put to this resolution. For he was engaged in a suit at Law with Sir William Whitmore, who laid claim to some part of his Estate, and his Guardian being of a retired temper, He was forced to leave the University, having been only three years in it, and to go to London to solicite his own business there: And being recommended to Serjeant Glanvil for his Counsellor, and he observing in him a clear apprehension, and a solid Judgment, and a great fitness for the Study of the Law, took pains to divert him from his thoughts of Study of the Law.being a Soldier, and to apply himself, to Study the Law, which so far prevailed, that when he was above twenty years old, November 8th. 1629, he was admitted into Lincolns-Inns, and being deeply sensible how much time he had lost, he resolved to redeem it, and for many years after he Studied sixteen hours in a day. He laid aside fine cloths, and used a plain fashion, which he mostly continued to his dying day.
Yet he did not at first break off from keeping Company too much, till a sad accident drove him from it. For he, with some other young Students, going to be merry out of Town, one called for so much Wine, that Mr. Hale could not prevent it, but he drank so long till he fell down as dead among them. This much affected Mr. Hale, who going to another room, and shuting the door, upon his Knees begged earnestly of God that his friend might be restored unto life, and that himself might be forgiven for countenancing such excess: And he vowed unto God that he would never so keep Company again, nor drink an Health while he lived. His friend recovered, and he religiously observed his Vow. And though he was oft pressed to drink Healths, yet would not he Dispence with his Vow, though he was sometimes treated roughly for it.
Now he forsook all vain Company, and divided his time between the duties of Religion, Industry.and the study of the Law. He took a strict account of his time, for which end he drew a Scheme for a Diary, wherein he set down what his first work must be in the morning; what his days Imployment; what his Refreshments, whether alone, or in Company; what his Evening duties.
Mr. Noy, the Attorney General, one of the Greatest men of that Profession, took early notice of him, call'd for him often, and directed him in his studies, and shewed such friendship to him, that he was called young Noy.
Whilst he was thus busie in his studies, he kept the hours of the Hall constantly in Term time, and seldome put himself out of Commons in the Vacation time, but continued his studies with unwearied diligence. And he was soon found out by the great and learned Antiquary Mr. Selden, who came to such a liking of him, that he continued a close friendship, and at his death made him one of his Executors.
It was this acquaintance which first set Mr. Hale on a more enlarged pursuit of Learning, which he before had confined to his own Profession: But soon becoming a great Master in it, he who could never lose any part of his time, found leisure to attain to as great a measure of knowledge, in as comprehensive a manner as most men have done in any Age.
He studied the Roman Laws, and judging a readiness in Arithmetick as a thing that might be useful to him, he became very exquisite therein, and in all other Mathematical Sciences, sparing no cost to get exquisite Instruments. He read, observed, and writ much upon these Subjects, which he called his Diversions. He had good skill in Physick and Chirurgery.
He searched greatly into Ancient History, and particularly into the crabbidest part of Chronology. But above all, he applied himself to the study of Divinity: So that it is almost incredible that one man in no great compass of years should have acquired such a variety of knowledge, and learning. His industry was almost indefatigable. His parts were quick, his apprehension, lively, his memory great, and his judgment strong. He rose constantly very early, and was never idle.
He spent little time in eating and drinking: For as he never went to publick Feasts, so he gave no intertainment but to the Poor. He always ended his Meal with an Appetite. Temperance.When our unhappy Wars began, he not only avoided all publick Imployments, but the very talking of News, and was always both favourable and charitable to the depressed party, and would never provoke any in particular by reflecting on their Actions.
He was imployed in his practice by all the Kings party, and was assigned Counsel to the Earl of Strafford, to Arch-bishop Laud, &c. Afterwards being Councel for the Lord Craven; he pleaded with that force of Argument, that the then Attorny General, threatened him for appearing against the Government: To whom he answered, that he was pleading in defence of those Laws, which they declared they would maintain, and that he was doing his duty to his Client, and therefore not to be daunted with Threats.
Cromwel seeing him possest of so much practice, and being one of the eminentest Advancements.Lawyers, resolved to take him off, by raising him from the Bar to the Bench. Mr. Hale saw well the snare that was laid for him; for he had a Commission sent him to be a Judge in the Common Pleas, which he a… first scrupled to receive from a Ʋsurper: But having considered well of it, he Judged that it being absolutely necessary to keep up Justice, and Property in 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 thus made a Judge, Anno Christi. 1653.
Sometime after he was chosen a Parliament Man by his Country. For there being at this time no House of Lords, Judges might be chosen to sit in the House of Commons, and thither he went, on design to obstruct the Mad and Wicked projects then on foot. And he continued Administring Justice till Oliver dyed: But then he both refused the Mourning that was sent to him, and his Servants, as also to accept a New Commission that was offered him by Richard.
He lived a private Life till the Parliament met that called home the King, to which he was returned Knight of the Shire for the County of Glocester. And in that Parliament he bore his share, in the happy period then put to the Confusions that threatned the ruine of the Nation. His great prudence and excellent temper led him to judge, that the sooner an Act of Indemnity were passed, and the fuller of graces and favours, it would sooner settle the Nation, and quiet the minds of the People; and therefore he applied himself carefully to the framing, and carrying it on till it was compleated.
Presently after when the Courts in Westminster-Hal, came to be setled, he was made Lord Chief Baron: And when the Lord Chancellor delivered him his Commission, he told him, that if the King could have found out an honester and fitter Man for that Imployment, he would not have advanced him to it. Its ordinary with such so promoted, to be Knighted, but he studiously avoided it, till the Lord Chancellor observing it, on a time when the King was at his House, sent for him, and when he came, told his Majesty, that his Modest Lord Chief Baron was there, whereupon he was unexpectedly Knighted.
He continued eleven years in that Office, mannaging all the proceedings in it with singular Justice. He was also one of the Principal Judges that sat in Cliffords-Inn about setling the differences between Landlord and Tenant, after the Conflagration in London, in which he behaved himself so to the satisfaction of all; so that the suddain, and quiet Building of London is in no small measure due to him. For he, first by way of Scheme, contrived the Rules, upon which he and the other Judges afterwards proceeded, in which his readiness in Arithmetick, and his skill in Architecture, were of great use to him.
Bt it will not seem strange that he behaved himself so well as he did in his place, if we consider what Religious and excellent Rules he drew up, and proposed to himself to walk and act by in all his Imployments in the Station and Calling wherein God and his King had set him, which he stiled Things necessary to be continually had in Remembrance.
1. That in the Administration of Justice, I am intrusted for God, the King and Country. 2. That it be done. 1. Uprightly. 2. Deliberately. 3. Resolutely.
2. That I rest not upon mine own understanding or strength, but implore, and rest upon the direction and strength of God.
3. That in the Execution of Justice, I carefully lay aside mine own Passions, and not give way to them, however provoked.
4 That I be wholly intent upon the business I am about, &c.
5. That I suffer not my self to be prepossessed with any Judgment at all, till all the business, and both parties are heard. Divers other such like excellent Rules he set down, which for brevity sake are here omitted.
He would never receive private Addresses, or Recommendation from the Greatest Persons, in any matter in which Justice was concerned. Once, one of the first Peers of England, went to his Chamber, and told him, that having a Suit of Law to be tryed before him, he was come to acquaint him with it, that he might the better understand it when it should be heard in the Court.
Upon this the Lord Chief Baron interrupted him, and sayd, he did not deal fairly to come to his Chamber about such Affairs. For he never received any Information of Causes, Courage.but in open Court, where both parties were to be heard alike, and so he would not suffer him to go on.
Hereupon his Grace (for he was a Duke) went away not a little dissatisfied, and complained of it to the King, as a rudeness which was not to be endured. But his Majesty bid him content himself that he was no worse used, and sayd: He verily Believed, he would have used himself no better, if he had gone to Sollicite him in any of his own causes.
One of his Rules was still to favour those that were lowest. Besides his great Charities Prudence.to Non-Conformists, who were then as he thought too hardly used; he took care to cover all he could from the Severities sore designed against them, and discouraged such as inclined to stretch the Laws too much against them. He thought many of the Non-Conformists had merited highly in the matter of the Kings Restauration, and at least deserved that the terms of Conformity should not have been stricter than they were before the War: And he lamented the too Rigorous proceedings against them, saying, they were good Men, but they had narrow Souls, who would break the peace of the Church for such inconsiderable matters.
He was a strict observour of the Lords Days, in which, besides his constant attendance Piety.upon the Publick service of God twice a day, in the Evening he called all his Family together, and repeated to them the heads of the Sermons, with some additions of his own, which he fitted for their Capacities, after which, he constantly shut himself up for two or three hours, which he spent in his secret Devotions and profitable Meditations. Of which contemplations two Volumes in Octavo were printed a little before his Death.
Anno Christi 1671. The Lord Chief Justice Keyling Dyed, and May the 18th. He Advancement.was promoted to be the Lord Chief Justice of England, with the great Applause of the People. One thing was highly commended in him, that when there was a great inequality in the Ability, and Learning of Counsellors that pleaded before him, he thought that it became him to enforce what the weaker Counsel managed but indifferently, not to suffer the more Learned to carry the business by the advantage they had over the other, by their quickness and skill in the Law, till all things were cleered, in which the merits and strength of the ill defended cause did lie.
And in this Court did he spend the rest of his Publick Life and Imployment: But about four years and an half, after this advancement, he that had hitherto enjoyed a firm health, to which his great Temperance and equality of his Mind did much conduce, he on a suddain was brought very low by an Inflammation in his Midriff, which in two Days space brake the Constitution of his health, which he never after Recovered.
And he became so Asthmatical, that he could not fetch his breath, without great difficulty, which determined in a Dropsy, of which he afterwards dyed. He had so His Sickness.much skill in Physick, that considering his age, he concluded that his disease must carry him off in a little time, and therefore he resolved to have some of his last Months to himself, that being freed of all worldly cares, he might be preparing for his change. Now the businesses of his Profession were become ungrateful to him, and he desired wholly to apply himself to better purposes, as appeared by a paper which he wrote on this Subject, which for brevity sake I omit.
By this we may see that he continued in his Station upon no other consideration, but that being set in it by the Providence of God, he durst not leave the Post assigned him by God, without preferring his own inclination to the choise of God: But now that same Providence having by this great change dissenabled him to the execution of it, he was resolved to Resign it: Which so soon as his Friends discovered, they endeavoured all that possibly they could, to disswade him from it: But all in vain. For he applyed himself to the Kings Majesty for a Writ of Ease, which the King was very unwilling to grant, and offered to let him hold his Place, doing what business he could in his Chamber▪ But he sayd, he could not with a good Conscience continue it, not being able to discharge the duty belonging to it.
At last having wearied himself and all his friends with his importunate desires, and growing sensibly weaker in his body, he died February 21th. 2675/6. Therefore before a Master of the Chancery, with a little Parchment Deed, and there Sealed, and Delivered it, acknowledging it to be Enrolled, and afterwards bringing the Original to the Lord Chancellor, formally surrendred his Office.
He had the day before surrendred it to the King in Person, who heartily wished him the return of his Health, assuring him that he would still look upon him as one of his Judges, and would have his advice, and in the mean time would continue his Pension to him during his Life. The good man thought this bounty too great, and an ill President to the King, who yet ordered it to be paid Quarterly.
When the first payment was received, he ordered a great part of it to charitable Uses saying he would do the like with the rest so long as he received it: And dying upon a Quarter day, some questioning whether that Quarter were due, the King decided the matter, and ordered it to be paid to his Executors.
Having left his place, he returned home with as much chearfulness as his want of health could admit, being eased of a burden which he had lately groaned under, and so was made more capable of enjoying that which he had much wished for, according to his Elegant Translation or Paraphrase of those excellent lines in Seneca's Thyestes.
Stet quicunque volet Potens
Aulae culmine Lubrico;
Me Dulcis saturet quies, &c.
Let him that will ascend the tottering Seat
Of Courtly Grandeur, and become as Great
As are his mounting wishes: As for me
Let sweet Repose, and rest my Portion be.
Give me some mean, obscure Recess; a Sphere
Out of the Road of business, or the fear
Of falling lower, where I sweetly may
My self, and dear retirement still enjoy:
Let not my Life, or Name be known unto
The Grandees of the Time, tost too and fro
By Censures, or Applause: But let my Age
Slide gently by, not overthwart the Stage
Of publick Actions, unheard, unseen,
And unconcerned, as if I ne'r had been.
And thus while I shall pass my silent days
In shady privacy, free from the noise,
And bustles of the mad World, then shall I
A good old innocent Plebeian die.
Death is a mere surprise, a very snare
To him that makes it his Lifes greatest care
To be a publick Pageant, known to all,
But unacquainted to himself doth fall.
Having now attained to that privacy which he had no less seriously, than piously desired, he called all his Servants that had belonged to his Office, and told them that he had now laid down his Place, and so now their Imployments were at an end, advising them to provide for themselves, and gave to some of them very considerable rewards, and to every one of them a Token, and so dismissed all but his Domesticks. From February 15. he lived till the Christmas day following, but all the while in so ill a state of Health, that there was no hope of his recovery. Yet he continued still to retire often, both for his Devotions, and Studies, and when his infirmities so encreased that he could go no longer, he caused his Servants to carry him thither in a Chair.
His Pains so encreased on him, that no strength inferior to his own could have born them: yet to the last he expressed a great submission to the Will of God: Desiring to Patience.be dissolved, and to be with Christ. He could not lie down in his Bed above a year before his death, by reason of the Asthma, but rather sat, than lay in it. When ever a godly Minister of the Parish prayed with him, he forbore his Complaints and Groans; But with his eyes and hands lifted up, he was fixed in his Devotions.
He had some secret Presages of his death, saying, that if he did not die on such a day, he should live a Month longer. He injoyed the free use of his Reason and Sense to the last minute, which he had often prayed for during his Sickness. He had for many years a particular devotion in Celebrating the day set a part to Commemorate Christs Nativity, and commonly Wrote a Paper of Verses in honor of his Saviour: Seventeen whereof were formerly Printed, and others not Printed before was this which follows, being a Paraphrase on Simeons Song.
Blessed Creator, who before the Birth
Of Time, and e're the Pillars of the Earth
Were fix't, or form'd, did'st hug that great Design
Of mans Redemption, and did'st Define
In thine Eternal Counsels all the Scene
Of that stupendious Business, and when
It should appear, and tho the very day
Of its Epiphany concealed lay
Within thy Mind, yet Thou wast pleas'd to shew
Some glimpses of it unto Men below
In Visions, Types, and Prophesies as we
Things at a distance in Perspective see:
But Thou was pleas'd to let thy Servant know
That that bless'd hour that seem'd to move so slow
Through former Ages, should at last attain
It's time, e're my few Sands, which yet remain
Are spent, and yet these Aged eyes
Should see the day when Jacobs Star should rise.
And now thou hast fulfilled it, Bless'd Lord,
Dismiss me now, according to thy Word,
And let my Aged Body now return
To Rest, and Dust, and drop into an Urn.
For I have liv'd enough, mine Eies have seen
Thy much desir'd Salvation, that hath been
So long, so dearly wish't, the Joy, the Hope
Of all the Ancient Patriarchs, the Scope
Of all the Prophesies, and Mysteries;
Of all the Types unveil'd, the Histories
Of Jewish Church unridled, and the Bright,
And Orient Sun arisen to give Light
To Gentiles, and the joy of Israel,
The Worlds Redeemer, blest Emanuel.
Let this sight close mine Eyes, 'tis loss to see,
After this Vision, any sight but Thee.
And truly this day which he, with so much Spiritual Joy, had frequently spent, proved to be the day of his Jubilee, and Deliverance. For between two and three a clock in the Afternoon of that Day, he breathed out his pious Soul. His end was Peace. He seemed not to be in any pangs in his last moments. He was interred in the Churchyard His Death.of Alderly among his Ancestors. He used to say, that Churches were for the Living, and Churchyards for the Dead.
His Monument was plain, and decent, a black Marble Stone, upon which he ordered to be engraven this Inscription.
Hic Inhumatur Corpus Matthei Hale, Militis: Roberti Hale, & Joannae, Uxoris ejus, Filli Ʋnici.
Nati in hac Parochia de Alderly, Primo Die Novembris, Anno Domini, 1609. Denati vero Ibidem Vicessimo Quinto Die Decembris, Anno Domini, 1676. Aetatis suae. 67:
His Motto was, Festina Lentè, which he ordered to be engraven upon the head of his His Motto and Character.Walking-staff, and often heard to say, that he found many Witty men to run into great Errors, because they did not give themselves time to think: But the heat of imagination making some Notions to appear in good colours to them, they without staying till that cooled, were violently led by the impulses it made upon them; whereas calm and slow men, who pass for Dullards 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 Charity.well informed of proper Objects for his Charity. And when he was made a Judge, many of the Perquisites which belonged to his Place, as his Divident of the Rules, and Box mony, he sent to the Jayl to discharge poor Prisoners, who never knew from whence their relief came.
It's a custom for the Marshal of the Kings Bench to present the Judges of that Court with a piece of Plate for a 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, that it belonged to his Office, and that his refusing of it would be prejudicial to his Successors: So he resolved to take it; but sent word to the Marshal, that instead of the Plate he should bring him the value of it in money, which so soon as he received, he 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 to sit at his own Table: And if any of them were sick that they could not come, he would send them warm meat from his own Table. And did not only relieve the poor of 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 that they were of the same Nature with himself, and were reduced to no other necessities, but such as himself might be brought unto.
For common Beggars, if any such came unto him as he was in his Walks, when he was in the Country, he would ask such of them as were capable of working, why they went about so idly? If they answered, because they could get no work, he would send them to some Field to gather Stones, and lay them on heaps, and then would pay them liberally for their pains, and would afterwards send his Carts to carry them into such places in the Highways which most needed mending.
When he was in the City he liberally extended his Charity, even unto street Beggars, and when some told him, that thereby he encouraged Idleness, and that most of them were notorious Cheats, his Answer was: That he believed most of them to be such; But among there were some that were great Objects of Charity, and prest with grievous necessities; and that he had rather to give his Alms to twenty that might haply be Rogues, than one of the other sort should perish for want of the small relief he gave them.
He was a merciful Landlord to all his Tenants, and was ever ready, upon just complaints, A good Landlord.to abate their Rents: and a poor Widdow that lived in London, and had a small Estate, near his Land in the Country, from which her Rent was ill paid, and with some charge returned to her, she bemoneing her Case to him, he ordered his Bailiff to receive it, and to return it for her without any such charge. And when there was a general falling of Rents, and of hers among others, he would have this abatement to lie upon him, and so she had her full Rent as formerly.
His Justice did notably appear in this, that when any ill money was put into his Justice.hands, he would never suffer it to be put off, judging that would be no excuse to him to put off false money to others, because some had so deluded him. He had gathered much of this together: For many had so abused his goodness, as to mix corrupt money in the Fees which they gave him. Probably he had intended to destroy it: But some that had seen that great heap, brake into his Chamber, and stole it, which he used to speak of with some pleasure, conceiting how the Couzeners were couzened themselves.
When he was made a Judge, he would ever pay more for his purchases, and other Prudence.commodities than they were prized at: and being told that he made ill Bargains, he answered, that it became Judges to pay more for what they bought than the true value, that so those with whom they dealt, might not think that they had any right to their favour, by having sold them such good Penny worths.
How little minded to raise to himself a great Estate, may appear by this: whereas, at the first he had a hundred pound per annum, he never advanced it to nine hundred per annum: which, considering the great practice he had whilst a Counsellor, and his constant frugal, and retired way of living, was but a small Fortune: and of this a very considerable part came in by his share in Mr. Seldens Estate, who had made him one of his Executors.
He valued Books, and Manuscripts above all things in the world: and himself had made a great, and rare Collection of Manuscripts, belonging to the Laws of England. He was Forty years in gathering them, and they cost him about fifteen hundred pounds. These all he left to Lincolns-Inn, where had most of his Education.Liberality.
Having thus Mastered things without him, his next care was to overcome his own Piety.corrupt inclination. He was (as he said) naturally passionate; yet this appeared not to any about him, save only at some times his Colour would rise a little: But he so governed himself, that those that lived long with him, never saw him disordered with anger, though he met with some great Trials of his patience, which the nature of man is Prudence.as little able to bear as any whatsoever.
One that had done him a very great injury, some time after came to him for advice Forbearance.about setling his Estate: And he gave it him very freely, and would take no Fec of him for the same; and thereby shewed, both that he could forgive as a Christian, and that he had the Soul of a Gentleman in him, not to take money of one that had wronged him so hainously: and being asked, how he could use a man so kindly, that had wronged him so much? His Answer was, he thanked God that had taught him to forget injuries.
In his Family he was a very gentle Master. He was tender of all his Servants; Family Government.he never turned any away except they were so faulty, that there was no hope of reclaiming them. When any of them had been long out of the way, or had neglected any part of their duty, he would not see them at their first coming home, or till the next day, lest when his displeasure was quick, he should chide them undecently. And when he did reprove them, he did it with that sweetness and gravity, that it appeared that he was more concerned that they had done evil, than for the offence given by it to himself: But if any were immoral, or unruly, he then turned them away, saying, that he, who by his Place ought to punish disorders in others, must by no means suffer them in his own Family. He advanced his Servants, according to the time they had been about him, and never gave occasion of envy among them, by raising the younger Clerks above those that had been longer with him. He treated them all with great affection, rather as a Friend than a Master, frequently giving them good instructions. Such of them as had more profitable places under him, he caused to give some of their profit to such as had no more than their Wages. In his Will he left Legacies to every of them; and one of them, in whom he put much Confidence, he made him one of his Executors.
He was of a most tender, and compassionate nature, which evidently appeared in his Compassion.Trials, and passing Sentence upon Criminals, in which he was very careful, that not a circumstance should be neglected, which might any way clear the fact. He behaved himself with that regard to the Prisoners, as became, both the gravity of a Judge, and the Pity which was due to men, whose lives lay at the stake, and no jeering or extreme severity fell from him. He took care that Witnesses should be put under no confusion that might disorder their memories. When he came to give Sentence, he did it with that composedness and decency, and his Speeches to the Prisoners to prepare them for Death, were so weighty, so free from all Affectation, and so seriously devout, that many were much edified by his Speeches, and behaviour therein.
The passing of this Sentence of Death, was the most against the grain of all his Imployments, yet therein could he never be mollified to any tenderness which might hinder Justice. His Mercifulness extended even to his Beasts. When his Horses which had done him much service were grown old, he would not suffer them to be sold, or put to any hard labour; and he used his old Dogs with the same care.
He was a great encourager of young Persons that diligently applied themselves to their Books, and would give them directions about the method of their studies, with much humanity and sweetness, and with smiling and pleasant ways he would admonish them, if he saw any thing amiss in them. As if they were too fine in their Cloths. He disliked to see young students to wear long Perukes, or for Atturnies to wear Swords.
He was very free, and communicative in his discourse, which mostly fixed upon some good and useful subject, and loved for an hour or two at Night to be visited by his friends, and herein he used a simplicity that was both natural to himself and very easie to others. He never studied Modes of Courtship, yet he knew not what it was to be rude, or harsh with any, unless he were impertinently addressed to in matters of Justice. For then he would raise his voice a little, and so shake off those importunities.
In his Furniture, and Service at his table, he liked the old plainess so well, that as he would introduce no new fashions, so he rather affected a coursness in the use of the Old, which was more the effect of his Philosophy, than that of his disposition. For at first he loved finery too much. He was always of an equal temper, rather cheerful than merry. Many wondred to see the evenness of his Deportment in some sad passages of this Life.
Having lost one of his Sons, the manner of whose death had some grievous circumstances attending it, a Friend coming to see him, and to condole his loss, He said to him, those were the effects of living long: For such must look to see many sad, and unacceptable things; and having said that, he went to other discourses with his ordinary freedom of mind. For 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 excess of Sorrow.
He had a generous and noble Idea of God in his mind, and this he did find, above all other considerations to preserve his quiet. And indeed that was so well established in him, that no accidents, how suddain soever, were observed to discompose him.
He would never Discourse of publick matters in his private Conversation. But in Questions of Law, when any young Lawyer put a Case to him, he was very Communicative, especially whilst he was at the Bar: But when he was promoted 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 perswasion and Conscience, and not to be swayed by any respect of another mans opinion. And by this means it hath faln out, that when all the Barons of the Exchequer, have delivered their Opinions, and agreed in their Reasons and Arguments, yet he coming to speak last, and differing in Judgment from them, hath exprest himself with so much weight and solidity, that the Barons have immediately retracted their Votes, and concurr'd with him.
He hath sat as a Judge in all the Courts of Law, and in two of them as Chief; but still, wherever he sat, all businesses of consequence followed him, and no man was content to sit down by the Judgment of any other Court, till the Case were brought before him to see whether he were of the same mind. And his Opinion being once known, all did readily acquiesce in it: And it was rarely seen that any attempted to bring it about again; and if any did it, he was lookt upon as a very contentious person.
Nor was his Opinion and Judgment Reverenced in Courts of Law only: But his Authority was Great in Courts of Equity also, and the same respect and submission was paid to him there too: And this appeared not only in his own Court of Equity, in the Exchequer Chamber, but in the Chancery too, for thither he was often called to advise and assist the Lord Chancellor, or Lord Keeper for the time being; and if the Cause were of difficult Examination, or intricated, and entangled with variety of Settlements, no man shewed a more cleer and discerning Judgment. If it were of a great value, and Great Persons interressed in it, no man ever shewed greater Courage and Integrity, in laying aside all respect of persons.
When he came to deliver his Opinion, he alwayes put his Discourse into such a method, that one part of it gave light to another; and where the proceedings in Chancery might prove inconvenient to the Subject, he never spared to observe, and reprove them. And from his Observations, and Discourses, the Chancery hath taken occasion to establish those Rules, by which it governs it self at this day.
He did look upon Equity as a part of the Common Law, and one of the Grounds of it: and therefore as near as he could, he did always reduce it to certain Rules and Principles that men might study it as a Science, and not think that the Administration of it, had any thing Arbitrary in it. Thus Eminent was this worthy man in every Station; and into what Court soever he was called, he quickly made it appear, that he deserved the chief Seat there.
As Great a Lawyer as he was, he would never suffer the strictness of the Law to prevail against Conscience: As Great a Chancellor as he was, he would make use of all the niceties and subtilties in Law, when it tended to support Right, and Equity. But nothing was more admirable in him than his patience. He did not affect the Reputation of quickness and dispatch, by an hasty, and captious hearing of the Counsel. He would bear with the meanest, and gave every man his full scope, thinking it much better to lose time than patience. In summing up of an Evidence to a Jury, he would always require the Bar to interrupt him if he did mistake, and to put him in mind of it, if he did forget the least Circumstance. Some Judges have been disturbed at this as a rudeness, which he alwayes looked upon as a service, and respect done unto him.
His whole Life was nothing else but a continued course of Labour and Industry: And when he could borrow any time from the publick Service, it was wholly imployed, either in Philosophical or Divine Meditations; and even that was publick Service too as it hath proved, For they have occasioned his Writing of such Treatises as are become the choicest entertaiment of wise and good men.
He that considers the Active part of his Life, and with what unwearied diligence and application of mind he dispatched all mens business which came under his Care, may justly wonder how he coul find any time for Contemplation. Again, he that considers the various studies he past through, and the many Collections and Observations he hath made, may as justly wonder how he could find any time for Action. But no man can wonder at the Exemplary Piety and Innocence of such a Life, so spent as his was; wherein as he was careful to avoid every idle word, so it appears that he never spent an idle day. But men who despair of attaining such perfection, are not willing to believe that any man else did ever arrive at such an heigth.
He was the Greatest Lawyer of the Age wherein he lived, and might have had what Practice he pleased: But though he did most Conscientiously affect the Labour of his Profession, yet at the same time he despised the gain of it. He took more pains to avoid the Honours, and preferments of the Gown, than others do to obtain them. His modesty was beyond all Example: He was the most obliging man that ever practised. If a young Gentleman happ'ned to be retained to Argue a Point in Law, where he was on the contrary side, he would often mind the Objections, when he came to repeat them, and would always commend the Gentleman if there were room for it; and one good word of his Mouth was of more advantage to a young man, than all the favour of the Court could be.
He was twice Married. His first Wife was Ann, Daughter of Sir Henry Moor of Faly in Berk-shire; by her he had ten Children, whereof the four first died young, the rest lived to be all Married, yet he outlived them all, except his Eldest Daughter, and his youngest Son. His second Wife was Ann, the Daughter of Mr. Joseph Bishop of Faly in Berk-shire, by whom he had no Children. In his Will he gave her a great Character, as a most dutiful, faithful and Loving Wife, to whose care he committed the breeding of his Grand-Children, and left her one of his Executors.
This Life was Written, and Printed far more largely by the Reverend, and Learned Doctor Burnett, Anno Christi, 1682.