he unwillingly lent it, because it had been writ by him before he was called to the bar, and had never been thoroughly revifed by him fince that time, only what alterations had been made in the law by fubfequent ftatutes and judgments, were added by him as they had happened: but the judge having perufed it, faid, That though it was compofed by him fo early, he did not think any lawyer in England could do it better, except he himself would again fet about it.

He was foon found out by that great and learned antiquary Mr. Selden, who though much fuperior to him in years, yet came to have fuch a liking of him, and of Mr. Vaughan, who was afterwards lord chief juftice of the common pleas, that as he continued in a close friendship with them while he lived, fo he left them at his death, two of his four executors.

It was this acquaintance that first set Mr. Hale on a more enlarged purfuit of learning, which he had before confin ed to his own profeffion, but becoming as great a master in it, as ever any was, very foon; he who could never let any of his time go away unprofitably, found leisure to attain to as great a variety of knowlege, in as comprehenfive a manner, as men have done in any age.

He fet himself much to the study of the Roman law, and tho' he liked the way of judicature in England by juries, much better than that of the civil law, where fo much was trusted to the judge; yet he often said, That the true grounds and reasons of law, were fo well delivered in the digests, that a man could never understand law as a science fo well as by feeing it there, and therefore lamented much that it was fo little ftudied 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 fuch a degree, that he would often on the fudden, and afterwards on the bench, refolve very hard questions, which had puzzled the best accomptants about town.

He rested not here, but ftudied the algebra, both fpeciofa and numerofo, and went through all the other mathematical sciences, and made a great collection of very excellent inftruments, fparing no coit to have them as exact as art could make them. He was also very converfant in philofophical learning, and in all the curious" experiments,

experiments, and rare difcoveries of this age: and had the new books written on thofe fubjects fent him from all parts, which he both read and examined fo critically, that if the principles and hypothefes which he took first up, did any way prepoffefs him, yet those who have dif-fered moft from him, have acknowleged, that in what he has writ concerning the Torricellian experiment, and of the rarefaction and condensation of the air, he fhews as great an exactnefs, and as much fubtilty in the reafoning he builds on them, as thofe principles to which he adhered could bear. But indeed it will feem fcarce credible, that a man fo much imployed, and of fo fevere an temper of mind, could find leisure to read, obferve and write fo much of thefe fubjects as he did. He called them his diverfions; for he often faid when he was weary with the ftudy of the law, or divinity, he used to recreate himfelf with philofophy or the mathematicks: to these he added great skill in phyfick, anatomy, and chirurgery; and he used to fay, No man could be abfolutely master in any profeffion, without having fome skill in other fciences; for befides the fatisfaction he had in the know-lege of these things, he made ufe of them often in his imployments. In fome examinations he would put fuch queftions to phyficians or chirurgeons, that they have profeffed the college of phyficians could not do it more exactly; by which he discovered great judgment, as well as much knowlege in thefe things: and in his fickness he ufed to argue with his doctors about his diftempers, and the methods they took with him, like one of their own profeffion; which one of them told me he understood, as far as fpeculation without practice could carry him.

To this he added great fearches into ancient history, and particularly into the rougheft and leaft delightful part of it, chronology. He was well acquainted with the ancient Greek philofophers, but want of occasion to use it, wore out his knowlege of the Greek tongue; and though he never ftudied the Hebrew tongue, yet by his great converfation with Selden, hè understood the inost curious s things in the Rabbinical learning.

But above all thefe, he feemed to have made the study of divinity the chief of all others, to which he not only directed every thing elfe, but also arrived at that pitch

in it, that those who have read what he has written on thefe fubjects, will think, they must have had moft of his time and thoughts, It may feem extravagant, and almost incredible, that one man, in no great compass of years, fhould have acquired fuch a variety of knowlege; and that in fciences that require much leisure and application. But as his parts were quick, and his apprehenfions lively, his memory great, and his judgment ftrong; fo his industry was almost indefatigable. He rofe always, betimes in the morning, was never idle, scarce ever held any difcourfe about news, except with fome few in whom he confided entirely. He entered into no corref pondence by letters, except about neceffary bufiness, or matters of learning, and spent very little time in eating or drinking; for as he never went to public feafts, fo he gave no entertainments but to the poor; for he followed our Saviour's direction. (of feafting none but thefe) literally and in eating and drinking, he obferved not only great plainnefs and moderation, but lived fo philofophically, that he always ended his meal, with an appetite: fo that he loft little time at it; (that being the only portion which he grudged himfelf) and was difpofed 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 otherwife unprofitably wafted.

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He had also an admirable equality in the temper of his mind, which difpofed him for whatever ftudies he thought fit to turn himself to; and fome very uneafie things which he lay under for many years, did rather engage him to, than distracted him from his ftudies.

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 eafy thing, for a man to preserve his integrity, and to live fecurely, free from great danger and trouble. He had read the life of Pomponius Atticus, writ by Nepos, and having obferved, that he had paffed thro a time of as much distraction, as ever was in any age of ftate, from the wars of Marius and Sylla, to the beginnings of Auguftus's reign, without the least blemish on his reputation, and free from any confiderable danger, being held in great esteem by all parties, and courted and favour, ed by them: he fet him as a pattern to himself; and obferving

ferving, that befides thofe virtues which are neceffary to all men, and at all times, there were two things that chiefly preferved Atticus, the one was his engaging in no faction, and medling in no public bufinefs, the other was his conftant favouring and relieving those that were lowest, which was afcribed by fuch as prevailed to the generofity of his temper, and procured him much kindness from thofe on whom he had exercised his bounty, when it came to their turn to govern; he refolved to guide himself by those rules as much as was poffible for him to do.

He not only avoided all public imployment, but the very talking of news, and was always both favourable and charitable to thofe who were depreft, and was fure never to provoke any in particular, by cenfuring or reflecting on their actions, for inany that have conversed much with him, have told me they never heard him once fpeak ill of any perfon.

He was imployed in his practice by all the king's party: he was affigned counsel to the earl of Strafford, and archbishop Laud, and afterwards to the bleed king himself, when brought to the infamous pageantry of a mock trial, and offered to plead for him with all the courage, that fo glorious a cause ought to have infpired him with, but was not fuffered to appear, because the king refufing, as he had good reason, to fubmit to the court, it was pretended none could be admitted to speak for him. He was alfo counsel 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 the duke's life. Afterwards alfo being counfel for the lord Cravan, he pleaded with that force of argument, that the then attorney-general threatned 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 "preferve, and he was doing his duty to his client, fo

that he was not to be daunted with threatnings."

Upon all these occafions he had discharged himself with fo much learning, fidelity, and courage, that he came to be generally imployed for all that party; nor was he fatiffied to appear for their juft defence, in the way of his profeffion, but he also relieved them 'often in their neceffities; which he did in a way that was no lefs prudent than

charitable, confidering the dangers of that time for he did often depofite confiderable fums in the hands of a worthy gentleman of the king's party, who knew their neceffities well, and was to diftribute his charity accordingto his own difcreation, without either letting them know, from whence it came, or giving himself any account to whom he had given it.

Cromwell, feeing him poffeft of fo much practice, and he being one of the eminenteft men of the law, who was not at all afraid of doing his duty in those critical times,refolved to take him off from it, and raise him to the bench.

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Mr. Hale faw well enough the fnare laid for him, and tho' he did not much confider the prejudice it would be to himself, to exchange the eafie and fafer profits he had by his practice, for a judge's place in the common-pleas, which he was required to accept of, yet he did deliberate. more on the lawfulness of taking a commiffion from: ufurpers; but having confidered well of this, he came to be of opinion, "That it being absolutely neceflary, to have justice and property kept up at all times; it was no fin "to take a commiffion from ufurpers, if he made no decla"ration of his acknowleging their authority," which he never did he was much urged to accept of it by fome eminent men of his own profeffion, who were of the king's party, as Sir Orlando Bridgman, and Sir Geoffrey Palmer; and was alfo fatisfied concerning the lawfulness of it, by; the refolution of fome famous divines, in particular Dr. Sheldon, and Dr. Henchman, who were afterwards promoted to the fees of Canterbury and London.

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To these were added the importunities of all his friends, who thought, that in a time of fo much danger and oppreffion, it might be no fmall fecurity to the nation, to have a man of his integrity and abilities on the bench: and the ufurpers 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 trufting men of eminent virtues, of what per fuafion foever they might be, in relation to public matters.

But he had greater fcruples concerning the proceeding against felons, and putting offenders to death by that commiffion, fince he thought the fwond of justice belongs