nefs in trials. This gave occafion to the only complaint that ever was made of him, " That he did not dispatch

matters quick enough;" but the great care he used, to put fuits to a final end, as it made him flower in deciding them, fo it had this good effect, that causes tried before him, were seldom, if ever tried again.

Nor did his administration of justice ly only in that court he was one of the principal judges that fate in Cliffords-Inn, about fettling the difference between landlord and tenant, after the dreadful fire of London; he being the first that offered his fervice to the city, for accomodating all the differences that might have arifen about the rebuilding it, in which he behaved himself to the fatisfaction of all perfons concerned: fo that the fudden and quiet building of the city, which is juftly to be reckoned one of the wonders of the age, is in no fmall measure due to the great care, which he, and Sir Orlando Bridgman, (then lord chief justice of the common pleas, afterwards lord keeper of the great seal of England) used, and to the judgment they fhewed in that affair: fince without the rules then laid down, there might have otherwife followed fuch an endless train of vexatious fuits, as might have been little lefs chargeable than the fire itself had been. But without detracting from the labours of the other judges, it must be acknowleged that he was the most instrumental in that great work: for he firft, by way of scheme, contrived the rules upon which he and the reft proceeded afterwards; in which his readiness at arithmetick, and his skill in architecture, were of great use to him.

But it will not seem strange, that a judge behaved himfelf as he did, who at the entry into his employment, fet fuch excellent rules to himself, which will appear in the following paper, copied from the original under his own hand.

Things neceffary to be continually had in remembrance. I. That in the administration of justice, I am intrusted for God, the king and country; and therefore, II. That it be done, 1. Uprightly. 2. Deliberately, 3. Refolutely.

III. That I reft not upon my own understanding or ftrength, but implore and reft upon the direction and ftrength of God."

IV. That

IV. That in the execution of justice, I carefully lay afide my own paffions, and not give way to them, however provoked.

V. That I be wholly intent upon the badness I am about, remitting all other cares and thoughts, as umeonable and interruptions.

VI. That I fuffer not myself to be prepoffeffed with any judgment at all, till the whole bufinefs and both parties be heard.

VII. That I never engage myself in the beginning of any caufe, but reserve myself unprejudiced till the whole be heard.

VIII. That in bufinefs capital, though my nature prompt me to pity; yet to confider, that there is also a pity' due to the country.

IX. That I be not too rigid in matters purely confciencious, where all the harm is diverfity of judgment.

X. That I be not biaffed with compaffion to the poor, or favour to the rich, in point of justice.

XI. That popular, or court applause, or distaste; have no influence into any thing I do in point of diftribution of justice.

XII. Not to be folicitous what men will fay or think, folong as I keep myself exactly according to the rule of justice. XIII. If in criminals it be a measuring caft, to incline to mercy and acquital.

XIV. In criminals that confit merely in words, when no more harm enfues, moderation is no injuftice. XV. In criminals of blood, if the fact be evident, feverity is juftice.

XVI. To abhor all private folicitations, of what kind so

ever, and by whomsoever in matters depending. XVII. To charge my fervants, -1. Not to interpofe in any business whatsoever, 2. Not to take more than their known fees, 3. Not to give any undue precedence to caules, 4. Not to recommend council.

XVIII. To be short and fparing at meals, that I may the fitter for bufinefs.

be

He would never receive private addreffes or recommendations from the greatest perfons in any matter, in which juftice was concerned. One of the first peers of England went once to his chamber and told him,

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"That

"having

having a fuit in law to be tried before him, he was then to acquaint him with it, that he might the better un"derftand it, when it fhou come to be heard in court." Upon which the lord chief baron interrupted him, and faid, "He did not deal fairly to come to his chamber "about fuch affairs, for he never received any informa"tion of caufes but in open court, where both parties were to be heard alike;" fo he would not fuffer him to go on: whereupon his grace (for he was a duke) went away not a little diffatisfied, 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 worfe used, and faid, He verily believed he would have used "himself no better, if he had gone to folicite him in 66 any of his own causes."

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Another paffage fell out in one of his circuits, which was fomewhat cenfured as an affectation of an unreasonable ftrictnefs, but it flowed from his exactness to the rules he had fet himself: a gentleman had sent him a buck for his table, that had a trial at the affizes, fo when he heard his name, he afked" If he was not the fame perfon that had sent "him venifon;" and finding he was the fame, he told him, "He could not fuffer the trial to go on, till he had paid him for his buck;" to which the gentleman anfwered, "That he never fold 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 feveral gentlemen then prefent: 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 not fuffer the trial to go on, till he had paid for the prefent; upon which the gentleman withdrew the record: and at Salisbury the dean and chapter having ac cording to the custom prefented him with fix fugar-loaves in his circuit, he made his fervants pay for the fugar before he would try their cause..

It was not fo eafy for him to throw off the importunities of the poor, for whom his compaffion wrought more powerfully than his 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 fome ill behaviour, who urged the lord chief baron to fet 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 faid, "He fhould be utterly ruined if he " did it not; and he fhould cure-him for it every day.”. But that having no effect, then he fell out into all the re-proachfal words that paffion and despair could infpire hinr 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 fet his hand to his certifi-"cate." He faw he was poor, fo he gave him a large: charity and fent him away?.

But now he was to go on after his pattern, Pomponius Atticus, ftill to favour and relieve them that were lowest ; fo befides 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 feverities fome defigned against them, and difcouraged thofe who were inclined. to ftretch 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 juftice, he blamed fome things on both fides, which I fhall fet down with the fame freedon that he fpake them. He thought many of the nonconformiits had merited highly in the business. of the king's restoration, and at leaft deferved that the terms of conformity fhould not have been made stricter than they were before the war. There was not then that dreadful prospect of popery, that has appeared fince: but that which afflicted him most was, that he faw the heats and contentions which followed upon those different : parties and interests, did take people off from the indif penfible things of religion, and flackned the zeal of other-wife good men, for the fubitance of it, fo much being fpent about external and indifferent things, Italfo gave advantages to atheists, to treat the most facred points of our holy faith, as ridiculous, when they faw the profeffors of it contend, fo fiercely, and with fuch bitterness about leffer matters: he was much offended at all those books that were written, to expofe the contrary feet to the fcorn: and contempt of the age, in a wanton and petulant ftile; he thought fuch writers wounded the Chriftian religion, through

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through the fides of those who differed from them: while a fort of lewd people, who having affumed 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 faid, to make one another fhew ridiculous, and from rhence perfuaded the world to laugh at both, and at all religion for their fakes. And therefore he often wifhed there might be fome law, to make all fcurrility or bitternefs in difputes about religion, punishable.. But as he lamented the proceedings too rigoroufly against the nonconformifts, fo he declared himself always of the fide of the church of England, and faid, Thofe of the feparation were good men, but they had narrow fouls, who would break the peace of the church about fuch inconfiderable matters, as the points in difference were.

He scarce ever meddled in state intrigues; yet upon a propofition that was fet on foot by the lord keeper Bridgman, for a comprehenfion of the more moderate diffenters, and a limited indulgence towards fuch as could not be brought within the comprehenfion, he difpenfed with his maxim, of avoiding to engage in matters of state. There were several meetings upon that occafion. The divine of the church of England that appeared most confiderably for it, was doctor 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 foul, as any I ever knew. He being determined as well by his excellent temper, as by his forefight and prudence, by which he early perceived the great prejudices that religion received, and the vaft dangers the reformation was Ike to fall under by those divifions, fet about that project with the magnanimity that was indeed peculiar to himself; for though he was much cenfured by many of his own fide, and feconded by very few, yet he pufhed it as far as he could: after feveral conferences with two of the eminenteft of the presbyterian divines, heads were agreed on, fome 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 prefented to the next feffion of parliament.

But two parties appeared vigoroufly against this defign;

the