A Book of Divinity. Two large Repositories of Records, marked A. and B. [All those above are in folio.] The Proceedings of the Forests of Windsor, Dean and Essex, in quarto, 1 vol. [Those that follow, are most of them in vellum, or parchment.] Two Books of old Statutes, one ending H. VII. the other 2 H. V. with the sums, 2 vol. Five last years of E. II. 1 vol. Reports tempore E. II. 1 vol. The Year-Book of R. II. and some others, 1 vol. An old Chronicle, from the Creation, to E. III. 1 vol. Murti Benevenlani Geometrica, 1 vol. Reports tempore E. I. under titles, 1 voi. An old Register, and some Pleas, 1 vol. Bernardi Bratrack Peregrinatio, 1 vol. Iter Cantii and London, and some Reports, tempore E. II. 1 vol. Reports tempore E. I. & E. II. 1 vol. Leger-Book, Abbatiæ De Bello. Isidori Opera. Liber Altercationis, & Christianæ Philosophie, contra Paganos. Historia Petri Manducatorii. Hornii Astronomica. Historia Ecclesiæ Dunnelmensis. Holandi Chymica. De Alchymiæ Scriptoribus. The Black-Book of the New-Law, collected by me, and digested into alphabetical titles, written with my own hand, which is the original copy. VOL. I. MATTHEW HALE. THE THE CONCLUSION. THUS lived and died Sir Matthew Hale, the renowned Lord Chief Juftice of England: he had one of the bleflings 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 juftice and virtues, fo the great estimation he was generally in, made that few durft undertake to defend fo ungrateful 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 respect. His opinion in points of Law generally paffes as an uncontroulable authority, and is often pleaded in all the courts of juftice: and all that knew him well, do ftill fpeak of him as one of the perfectest 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 thofe who knew him well, establishing its credit in the prefent age, will make it pafs down to the next with a clearer authority. I fhall pursue his praife no further 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 justice 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 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 prefided here, hath filled 'the kingdom with lamentations, and given the King many and pensive 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 at'tends it, are no fmall difcouragements; for what 'fhoulders may not justly fear that burthen, which 'made him stoop that went before you? Yet, I con'fefs you have a greater difcouragement than the 'mere burthen of your place, and that is the inimit'able example of your laft predeceffor: Onerofum eft 'fuccedere bono principi1, was the faying of him in the panegyric: and you will find it fo too, that are to 'fucceed fuch a chief justice, of fo indefatigable an 'industry, fo invincible a patience, fo exemplary an integrity, and fo magnanimous a contempt of worldly things, without which no man can be truly great; and to all this, a man that was fo abfolute a 'master of the science of the law, and even of the most 'abstruse and hidden parts of it, that one may truly 'fay of his knowledge in the law, what St. Auftin faid ' of St. Hierome's knowledge in divinity, Quod Hiero'nimus nefcivit, nullus mortalium unquam fcivit 2. And 'therefore the king would not fuffer himself to part 'with fo great a man, till he had placed upon him all 'the marks of bounty and efteem which his retired ' and weak condition was capable of.' To this high character, in which the expreffions, as they well become the eloquence of him who pronounced them, fo they do agree exactly to the fubject, with. out the abatements that are often to be made for rhetoric. I fhall add that part of the lord chief juftice's anfwer, in which he speaks of his predeceffor. - A perfon in whom his eminent virtues and 'deep learning have long managed a conteft for the It is a troublesome task to succeed a virtuous prince. G 2 fupe fuperiority, which is not decided to this day; nor will it ever be determined, I fuppofe, which fhall get the upper hand: A perfon that has fate in this 'court thefe many, years, of whofe actions there I have been an eye and ear-witnefs, that by the greatnefs of his learning always charmed his auditors to ' reverence and attention: A perfon of whom I think 'I may boldly fay, that as former times cannot shew 'any fuperior to him, fo I am confident fucceeding and future times will never fhew any equal. Thefe confiderations, heightened by what I have heard from your lordship concerning him, made me anxious and doubtful, and put me to a ftand, how I fhould fucceed fo able, fo good, and fo great a man: It doth very much trouble me, that I, who in comparison of him am but like a candle lighted in the fun-fhine, or like a glow-worm at mid-day, 'fhould fucceed fo great a perfon, that is and will be fo eminently famous to all pofterity: and I 'muft ever wear this motto in my breaft to comfort me, and in my actions to excufe me: Sequitur, quamvis non passibus æquis '.' Thus were panegyrics made upon him while yet alive, in that fame court of juftice which he had fo worthily governed. As he was honoured while he lived, fo he was much lamented when he died: and this will still be acknowledged as a juft infcription for his memory, though his modefty forbid any fuch to be put on his tombstone: THAT HE WAS ONE OF THE GREATEST PATTERNS THIS AGE HAS AFFORDED, WHETHER IN HIS PRIVATE DEPORTMENT AS A CHRISTIAN, OR IN HIS PUBLIC EMPLOYMENTS, EITHER AT THE BAR OR ON THE BENCH. 'He follows his steps, though at a distance, End of Burnet's Life of Sir Matthew Hale. AN EVERY circumftance which the records of antiquity can furnish to develope the life and character of Sir MATTHEW HALE, must be a welcome contribution to him, whofe mind loves to dwell on images of tranfcendant piety and unfullied virtue. This fhining ornament of his age had cultivated, in the latter period of his life, a clofe intimacy with Richard Baxter, a perfon who ranked high amongst those who refufed to comply with the Act of Conformity. Though our learned judge was by principle firmly attached to the doctrines and difcipline of the Church of England, he confidered it no inconfiftency to allow a place in his efteem to this divine, who, to an ardent and affectionate regard for the interefts of practical religion, united profound and extenfive learning, and an extraordinary penetration and acutenefs of underftanding. The fame fpirit of Chriftian courtesy which fhone in his deportment through life, taught him, in his focial intercourse with this gentleman, carefully to avoid those topics which were likely to excite a collifion of ar. guments without producing a change of fentiment; and felect fuch only as might be fafely difcuffed, and, instead of weakening, were calculated to strengthen the bonds of friendship, and yield reciprocal pleasure and inftruction. |