One of matter, in which justice was concerned. 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 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 be heard alike;" so he would not suffer him to go on. Whereupon his grace (for he was a duke) went away not a little dissatisfied, and complained of it to the king, as a rudeness that was not to be endured. But his majesty bid him content himself that he was no worse used, and said, he verily believed he would have used himself no better, if he had gone to solicit him in any of his own causes. Another passage fell out in one of his circuits, which was somewhat censured as an affectation of an unreasonable strictness; but it flowed from his exactness to the rules he had 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, he asked if he was not the same person that had sent him venison? and finding he was the same, he told him, he could not suffer the trial to go on, till he had paid him for his buck: to which the gentleman answered, that he never sold his venison, and that he had done nothing to him, which he did not do to every judge that had gone that circuit, which was confirmed 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 judgment; and therefore he would 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 with six sugar-loaves in his circuit, he made his servants pay for the sugar before he would try their cause. It was not so easy for him to throw off the importunities of the poor, for whom his compassion wrought more powerfully than bis 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 it not; and he should curse him for it every day. But that having no effect, then he fell out into all the reproachful 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, so he gave him a large charity, and sent him away. But now he was to go on after his pattern, Pomponius Atticus, still to favour and relieve them that were lowest. So, besides great charities to the 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 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 spake them. He thought many of the non-conformists had merited highly in the business of the king's 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, that 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 slackened the zeal of (other ways) good men for the substance of it, so much being spent about external and indifferent And discouraged.] "When I went out of the house," (says Richard Baxter, in the Letter to Mr. Stephens, above referred to)" in which he succeeded me, I went into a greater over against the church door. The town having great need of help for their souls, I preached, between the public sermons, in my house, taking the people with me to the church (to common prayer and sermon) morning and evening. The judge told me, that he thought my course did the church much service; and would carry it so respectfully to me at my door, that all the people might perceive his approbation. But Dr. Reeves" (the rector of the parish, which was Acton)" could not bear it, but complain d against me: and the bishop of London caused one Mr. Rosse, of Brainford, and Mr. Philips, two justices of the peace, to send their warrants to apprehend me. I told the judge of the warrant, but asked him no counsel, nor he gave me none; but with tears showed his sorrow (the only time that ever I saw him weep.) So I was sent to the common gaol for six months, by these two justices." Morai, &c. Works of Sir Mat. Hale, Vol. 1. p. 105. Merited highly.] See Baxter's Narrative of his Life and Times, part i. p. 105, 214, &c. things. 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 style. 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 wits (though but a very few of them have a right to it) took up from both hands, what they had said, to make one another shew ridiculous, and from thence persuaded the world to laugh at both, and at all religion for their sakes. And therefore he often wished there might be some law, to make all scurrility or bitterness in disputes about religion punishable. But as he lamented the proceedings too rigorously against the nonconformists, so he declared himself always of the side of the Church of England; and said those of the separation were good men, but they had narrow souls, who would break the peace of the Church, about such inconsiderable matters, as the points in difference were. 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 8 All those books.] "He had a great distaste" (Baxter assures us)" of the books called A Friendly Debate, &c." (the work of Patrick, afterwards bishop of Ely) "and Ecclesiastical Polity," (written by Mr. Samuel Parker, then chaplain to Archbishop Sheldon, and who afterwards became a papist, and was made bishop of Oxford, &c. by James II.) Letter to Mr. Stephens, in Hale's Moral, &c. Works, Vol. I. p. 111. For a comprehension.] Compare Baxter's Life and Times, Part 2, p. 433, &c. Part 3, p. 24, &c. p. 100. p. 157, &c. Birch's Life of Tillotson, p. 42, &c. 52, &c. and 193, &c. more 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 considerably for it, was Dr. Wilkins, afterwards promoted to the bishoprick of Chester, a man of as great a mind, as true a judgment, 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 eminentest 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 two parties appeared vigorously against this design; the one was of some zealous clergymen, who thought it below the dignity of the Church to alter laws, and change settlements, for the sake of some whom they esteemed schismaticks. 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 itself was. Besides they said, if some things were now |