"cumftance; fome judges have been disturbed at this, as a rudnefs, which he always looked upon as a fervice " and refpect done to him.

"His whole life was nothing elfe but a continual "course of labour and industry, and when he could bor

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row any time from the publick fervice, it was wholly "employed either in philofophical or divine meditations, "and even that was a publick, fervice too, as it hath "proved; for they have occafioned his writing of fuch "treatifes, as are become the choiceft entertainment of "wife and good men, and the world hath reason to with "that more of them were printed: he that confiders the "active part of his life, and with what unwearied dili

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gence and application of mind he dispatched all mens "bufinefs which came under his care, will wonder how "he could find any time for contemplation: he that con"fiders again the various studies he past through, and the

many collections and obfervations 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 in

nocence of fuch a life so spent as this was; wherein as " he was careful to avoid every idle word, fo 'tis manifest "he never spent an idle day. They who come far short "of this great man, will be apt enough to think that this "is a panegyrick, which indeed is a history, and but a "little part of that history which was with great truth to "be related of him: men who defpair of attaining fuch perfection, are not willing to believe that any man "elfe did ever arrive at fuch a height.

"He was the greatest lawyer of the age, and might "have had what practice he pleased; but though he did "most conscientiously affect the labours of his profeffion,

yet at the fame time, he despised the gain of it, and "of those profits which he would allow himself to re"ceive, he always fet apart a tenth penny for the poor, "which he ever dispensed with that fecrecy, that they "who were relieved, seldom or never knew their bene"factor: he took more pains to avoid the honours and "preferments of the gown, than others do to compass them. His modefty was beyond all example; for "where fome men, who never attained to half his knowlege, have been puffed up with a high conceit of

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themfelves, and have affected all occafions of raising"their own esteem by depreciating other men; be, on "the contrary, was the moft obliging man that ever "practifed: if a young gentleman happened to be re"tained to argue a point in law, where he was on the contrary fide, he would very often mend the objections "when he came to repeat them, and always commend "the gentleman if there were room for it, and one good "word of his was of more advantage to a young man, than all the favour of the court could be."

Having thus far purfued his hiftory and character, in the publick and exemplary parts of his life, without interrupting the thread of the relation, with what was private and domeftick, I'fhall conclude with a short account of these.

He was twice married, his first wife was Anne, daughter of Sir Henry More, of Faly in Berkshire, grand-child to Sir Francis More, ferjeant at law; by her he had ten children, the four first died young, the other fix lived to be all married: and he out-lived them all, except his eldest daughter, and his youngest fon, who are yet alive.

His eldest fon, Robert, married Frances the daughter of Sir Francis Chock, of Avington in Berkshire, and they both dying in a little time one after another, left five children OM two fons, Matthew and Gabriel, and three daughters, Anne, Mary, and Frances; and by the judge's advice, they both made him their executors; fo he took his grand-chil dren into his own care, and among them he left his estate.

His fecond fon, Matthew, married Anne the daughter of Mr. Matthew Simmonds, of Hilfly, in Glocestershire, who died foon after, and left one fon behind him named Matthew.

His third fon, Thomas, married Rebekah, the daughter of Christian le Brune, a Dutch merchant, and died without iffue.

His fourth fon, Edward, married Mary, the daughter of Edmund Goodyue, Efq; of-Heythorp, in Oxfordihire, and still lives; he has two fons, and three daughters. ́· ́His eldest daughter, Mary, was married to Edward Alderley, fon of Edward Alderley, of Innithannon, in the county of Cork in Ireland, who dying, left her with two

fons

fons and three daughters: fhe is fince married to Edward Stephens, fon to Edward Stephens, Efq; of Cherington,. in Glocefterfhire.

His youngest daughter, Elizabeth, was married to Edward Webb, Efq; Barrifter at law; fhe died, leaving two children, a fon and a daughter.

His fecond wife was, Anne, the daughter of Mr. Joseph Bishop, of Falkly, 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 fuffice of thofe defcended from him.

In after times, it is not to be doubted, but it will be reckoned no fmall honour to derive from him; and this has made me more particular in reckoning up his iffue. I fhall next give an account of the iffues of his mind, his books, that are either printed, or remain in manufcript; for the laft of thefe, by his will, he has forbid the printing of any of them after his death, except fuch as he fhould give order for in his life: but he feems to have changed his mind afterwards, and to have left it to the difcretion of his executors, which of them might be printed; for though-he does not exprefs that, yet he or→ dered by a codicil, "That if any book of his writing, as"well touching the common law as other fubjects, "fhould be printed; then what fhould be given for the "confideration of the copy, fhould be divided into ten "fhares, of which he appointed feven to go among his "fervants, and three to those who had copied them "out, and were to look after the impreffion."

The reason, as I have understood it, that made him fo unwil ling to have any of his works printed after his death, was, "That he apprehended in the licenfing them; "(which was neceffary before any book could be lawful "ly printed, by a law then in force; but fince his death "determined) fome things might have been struck out; 66 or altered;" which he had obferved, not without fome indignation, had been done to a part of the reports of one whom he had much efteemed.

“This in matters of law, he said, might prove to be of fuch mischievous confequence, that he thereupon re"folved none of his writings fhould be at the mercy of li "cencers;" and therefore, because he was not sure that they should be published without expurgations or interpolations, he forbid the printing any of them; in which he afterwards made fome alteration, at least he gave occafion by his codicil, to infer that he altered his mind.

This I have the more fully explained, that his last will may be no way misunderstood, and that his worthy executors, and his hopeful grand-children, may not conclude themselves to be under an indifpenfible obligation, of depriving the publick of his excellent writings.

The CONCLUSION.

HUS lived and died Sir Matthew Hale, the renown

ed lord chief justice of England: he had one of the bleffings of virtue in the highest measure of any of the age, that does not always follow it, which was, that he was univerfally much valued and admired by men of all fides and perfuafions. For as none could hate him but for his justice and virtues, fo the great estimation he was gene rally in, made, that few durit undertake to defend so ingrateful a paradox, as any thing faid to leffen him, would have appeared to be. His name is scarce ever mentioned, fince his death, without particular accents of fingular refpect. His opinion, in points of law, generally palles as an uncontrolable authority, and is often pleaded in all the courts of justice: and all that knew him well, do still speak of him as one of the perfectelt patterns of religion and virtue they ever faw.

The commendations given him by all forts of people are fuch, that I can hardly come under the cenfures of this age, for any thing I have faid concerning him; yet if this book lives to after times, it will be looked on perhaps as a picture, drawn more according to fancy and invention, than after the life, if it were not, that those who knew him well, eftablifhing its credit in the prefent age, will make it pass down to the next with a clearer authority.

I fhall

I fhall pursue his praise no farther in my own words, but fhall add what the prefent lord chancellor of England' faid concerning him, when he delivered the commiffion to the lord chief juftice. Rainsford, who fucceeded him in that office; which he began in this manner.

"The vacancy of the feat of the chief justice of this court, and that by a way and means fo unusual, as the * refignation of him, that lately held it; and this too, "proceeding from fo deplorable a caufe, as the infirmity "of that body, which began to forfake the ableft mind "that ever precided here, hath filled the kingdom with

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lamentations, and given the king many and penfive "thoughts, how to fupply that vacancy again." And a little after, fpeaking to his fucceffor, he faid, "The very labours of the place, and that weight and fatigue: "of business which attends it, are no fmall difcourage ments; for, what shoulders may not juftly fear that burden, which made him stoop that went before "Yet, I confefs, you have a greater difcouragement than "the mere burden of your place; and that is, the inimi "table example of your laft predeceffor: Onerofum eft "fucedere bono principi, was the faying of him in the

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panegyrick; and you will find it fo too, that are to "fucceed fuch a chief justice, of fo indefatigable an industry, fo invincible a patience, so exemplary an integri"ty, and fo magnanimous a contempt of worldly things, " without which no man can be truly great; and to all "this, a man that was so abfolute a master of the science "of the law, and even of the most abftrufe and hidden "parts of it, that one may truly fay of his knowlege in the "law, what St. Austin faid of St. Hierom's knowlege in

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divinity, Quod Hieronymus nefcivit, nullus mortalium "unquam fcivit. And therefore the king would not fuffer "himself to part with so great a man, till he had placed €6. upon him all the marks of bounty and esteem, which his retired and weak condition was capable of."

To this high character, in which the expreffions, as they well became the eloquenee of him who pronounced them, fo they do agree exactly to the fubject, without the abatements that are often to be made rhetorick: I fhall add that part of the lord chief juftice's anfwer, in which he fpeaks of his predeceffor.

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