Matthew Hale

son of Rob. Hale Esq. a Barrester of Lincolns inn, by Joan his Wife Daughter of Matthew Poyntz of Alderley in Glocestershire Gent, was born at Alderley on the first day of Nov. an. 1609, educated in Grammar learning at Wotton Under-edge (the Seat of his ancestors) in the same County, not in the Free-school there, but under one Mr. Staunton the scandalous Vicar (so he was accounted by Orthodox Clergy of the neighbourhood) of that Town, became a Communer of Magd. Hall under the tuition of Obadiah Sedgwick (mention’d under the year 1657. p. 138.) in Mich. term 1626, where continuing about three years, laid the foundation of some learning and knowledge which he afterwards built upon, and might have proceeded farther had not his thoughts been diverted by certain juvenile vanities. Afterwards, upon the advice of Sir Jo. Glanvill Serjeant at Law, who occasionally observed ((a))((a)) Gilb. Burnet D. D. in The life and death of Sir Matth. Hale Kt. &c. Printed at Lond. in a large octav. 1682. p. 10. in him a clear apprehension of things, a solid judgment and a great fitness for the study of the Law, he was taken off from the design of being a Soldier, which he intended, and was admitted a Student in Lincolns inn, 8. Nov. 1629: And being then deeply sensible how much time he had lost, and that idle and vain things had over-run, and almost corrupted his mind, he resolved to redeem the time he had lost: And therefore for many years together he studied at the rate of 16 hours a day, threw aside all fine clothes, and betook himself to a plain fashion, which he continued to use in many points to his dying day. Will. Noy the Attorney General, being of the same Inn, took early ((b))((b)) Ibid. p. 19. notice of him, directed him in his studies, and grew to have such friendship for him, that he came to be called Young Noy. The learned Selden also soon found him out, who tho much superior to him in years, yet he came to have such a liking of him and also of Mr. John Vaughan of the Inner Temple, (afterwards L. Ch. Just. of the Common pleas) that as he continued in a close friendship with them while he lived, so he left them at his death two of his Executors. By his acquaintance it was that he persued other learning than that of his profession: so that by great industry, accompanied with good natural parts, he became well read in the Civil and Rom. laws, attained to a great readiness in Arithmetick, Algebra and other mathematical sciences. He obtained also a great insight in Philosophy, whether experimental or theoretical, Physick, Anatomy and Chirurgery. He was well acquainted with the antient Greek Philosophers, but want of occasion to use them, wore out his knowledge of the Greek tongue: And tho he never studied the Hebrew, yet by his great conversation with Selden, he understood the most curious things in the Rabinical learning. But above all these, he seemed to have made the study of Divinity the chief of all others, to which he not only directed every thing else, but also arrived at that ((c))((c)) Ib. p. 28. pitch in it, that those who have read, what he has written on that subject, will think, that it hath had most of his time and thoughts. Some years before the unhappy Wars broke forth, he was called to the Bar, and when they did break forth he sided with the Presbyterians, having been for the most part, when young, educated under severe Puritans and under a puritanical discipline. And being esteemed a plain honest man, a Person of great integrity and profound in the Law, he was entertained by both, as well loyal as Presbyterian, parties. In 1643 he took the Covenant, and, as I have been often informed, he appeared several times with other Lay-persons among the Assembly of Divines. He was then in great esteem with the Parliament, and was employed by the members thereof, as to his counsel, about several matters, particularly in the reducing the Garrison of Oxford to their service; who, as a Lawyer, was added to the Commissioners appointed by them, to treat with those appointed by the King: And in that capacity he did good service by advising them, especially Fairfax the Generalissimo, to have in his eye a preservation of that place, (Oxon) so famous for learning, from ruin. Afterwards, tho the loss of the blessed K. Ch. 1. was a great grief to him, yet he took the oath called the Engagement, and thereby was the more enabled to plead and practice his profession. In Jan. 1651. he with Will. Steel Esq. Recorder of the City of London, Charles George Cock Esq, Sir Hen. Blount Kt, John Fountaine Esq. a common Lawyer, Hugh Peters Clerk, Joh. Rushworth of Linc. inn, Sir Anth. Ashley Cooper Bt, &c. were appointed by the Parliament to consider of the reformation of the Law; and accordingly they met several times in the room formerly called the House of Lords, but what the result of their meeting was, I cannot yet tell. On the 25. of Jan. 1653. our author Hale was by writ made Serjeant at Law, and soon after one of the Justices of the Common Bench, in which place he acted with great justice and integrity, not without the displeasure sometimes, as ’tis said, of the Protector. In 1654 he was one of those 5 Knights who were elected for the County of Glocester to serve in that Parliament which began at Westm. 3. of Sept. purposely, as ’tis ((d))((d)) Ib. p. 46. said, to obstruct the mad and wicked projects then on foot, by two parties, that had very different principles and ends. In 1658 he was elected one of the Burgesses of the Univ. of Oxon to serve in that Parliament called Richards Parliament, which began at Westm. 27. Jan. the same year, and in Ap. 1660 he was elected one of the Knights for Glocestershire, to serve in that Parliament called the Healing and blessed Parliament, which began at the same place on the 25 of the said month. Which Parliament calling the King home from his Exile, he was soon after made Lord Chief Baron of the Exchequer and Knighted. In the month of May 1671 he was, upon the death of Sir John Keeling advanced to the place of L. Ch. Justice of the Court of Kings Bench, and on the 18 of the said month took the usual Oathes before the Lord Keeper, and his seat accordingly on that Bench. “He was an ((e))((e)) Rich. Baxter in his Additional notes on the life and death of Sir Matth. Hale, &c. Lond. 1682. oct. p. 43.44. unwearied Student, a prudent man, a solid Philosopher, a famous Lawyer, the Pillar and Basis of justice, (who would not have done an unjust act for any worldly price or motive) the ornament of his Majesties Government, and honour of England; the highest faculty of the soul of Westminster Hall, and pattern to all the reverend and honorable Judges, a godly serious practical Christian, the lover of goodness and all good men, a lamenter of the Clergies selfishness, and unfaithfulness, &c. a great contemner of riches, pomp and vanity of the world, a pattern of honest plainess and humility, &c.” As for his works relating to learning they are these.

An essay touching the gravitation and non-gravitation of fluid bodies and the reasons thereof. Lond. 1674. oct.

Difficiles nugae, or, observations on the Torricellian experiment. Lond. 1674. oct. Upon which two ingenious discourses Dr. Hen. More of Cambridge hath written Remarks, so far forth as they may concern any passages in his Enchiridion Metaphysicorum, &c. Lond. 1676. oct.

Contemplations mor. and div. The sec. part. Lond. 1677. oct. They were both printed together at Lond. 1679. oct.

The primitive origination of mankind considered and explained according to the light of nature. Lond. 1677. fol. This book came out a little before the authors death, and why he published it, I shall give you these three reasons. (1) Because that some writings of his (Contempl. mor. and divine) did without his privity come abroad in print, which he never intended: And this book might have had the same fate, if not in his life time, yet after his death. (2) Because possibly there had been some more care been used by him in the digesting and writing thereof, than of some others that have gone abroad in publick. (3) That altho he could never be brought to value the writings of his that were then published (as worthy of publick view) yet he found them well accepted by many, which encouraged him to let this book come abroad under his own name, wherein he used more care than in those lesser tracts, &c.

Observations touching the principles of natural motion, and especially touching rarefaction and condensation, together with a reply to certain Remarks touching the gravitation of Fluids. Lond. 1677. oct. These observations being in answer to Dr. Hen. Mores Remarks before mention’d, were replied upon by the said Doctor—Lond. 1678.

The primitive origination of mankind, considered and examined according to the light of nature. Lond. 1677. fol. An account of which is in the Philosophical Transactions, nu. 136. p. 917.

Londons liberty: or, a learned argument of law and reason, an. 1650—This came out afterwards with this title. Londons liberties: or, the opinions of those great Lawyers, Lord Ch. Justice Hale, Mr. Justice (will) Wild, and Mr. Serjeant Maynard, about the election of Mayor, Sherriffs, Aldermen and Common council men of London, and concerning their charter, &c. Lond. 1682. fol. At which time the press was at liberty without control.

Discourse touching provision for the poor. Lond. 1683. in tw.

Short treatise touching Sherriffs accompts. Lond. 1683. oct. To which is joyned his Tryal of witches at the Assizes held at Bury S. Edmonds, on the 10. of March 1664, which was published by its self in oct. in 4. sh. an. 1682.

Pleas of the Crown: or, a methodical summary of the principal matters relating to the subject. Lond. 1685. sec. edit. in oct. The first edit. came out in 1678. oct.

His judgment of the nature of true religion, the causes of its corruption, and the Churches calamity, by mens additions and violences; with the desired cure. Lond. 1684. qu. Written in three discourses at several times, published by his great friend and admirer Mr. Rich. Baxter and by him dedicated to the honourable Judges. To this book is annex’d The judgment of Sir Franc. Bacon, &c. and somewhat of Dr. Is. Barrow on the same subject.

Several tracts, as (1) A discourse of religion on three heads; first the ends and uses of it, secondly the life of religion and superadditions to it, and thirdly the superstructions upon it, and animosities about it. (2) A treatise touching provision for the poor, before mentioned. (3) A letter to his Children, advising them how to behave themselves in their speech. (4) A letter to one of his Sons, after his recovery from the small-pox. Lond. 1684. in oct.

Discourse of the knowledge of God and of our selves, first by the light of nature, secondly by the sacred Scriptures. Lond. 1688. oct.

Brief abstract of the Christian religion.

Considerations seasonable at all times for the cleansing of the heart and life—These two last were printed with Discourse of the knowledge of God, &c. He hath also translated into English The life of Pomponius Atticus, written by his contemporary and acquaintance Cornel. Nepos, &c.—Lond. 1677. oct. To which are added by our author Hale.

Observations political and moral thereupon.—He also wrot the preface to, and published, the Abridgment of many cases and resolutions, &c. made by Judge Henry Rolle, as I shall tell you when I come to him, and under his (Hale’s) name ought to be put The perjur’d Fanatick: or, the malicious conspiracy of Sir John Croke of Chilton, Henry Larimore and other Fanaticks, against the life of Rob. Hawkins Clerk, and late Minister of Chilton, occasion’d by his suit for tithes. Discovered in a trial at Ailesbury, before Sir Matth. Hale Lord Chief Baron of the Exchequer. Lond. 1685. in 10. sh. in fol. Which Rob. Hawkins was afterwards Vicar (but a poor one if not scandalous) of Beckley in Oxfordshire. These, I think, are all that are published under the name of Judge Hale: The rest that he hath written and not yet extant are many; among which are (1) Concerning the Secondary origination of mankind. folio. (2) Concerning religion. fol. in 5. vol. (3) Of Policy in matters of religion. fol. (4) De anima. fol. written to Mr. Rich. Baxter. (5) De anima. fol. Transactions between him and the said Mr. Baxter, &c. and many others as you may see ((f))((f)) In The life and death of Sir Matth. Hale before mention’d, written by Dr. Gi [•] b. Burnet p. 191.192. elsewhere: And left behind him as a Legacy to Linc. inn Library several volumes of collections made by him, mostly from records in the Tower, and divers matters relating to Glocestershire; all which may be of great use to Lawyers and Antiquaries. At length after this most learned and religious person had lived to the age of 67, he gave way to fate on Christmas day, 25. Dec. in sixteen hundred seventy and six:1676. whereupon his body was buried on the 4. of Jan. following in the yard belonging to the Church of Alderley, among the graves of his Mothers Ancestors. At which time Evan Griffith, the pious Minister of that place, preached his funeral sermon on Isay 57.1. which was afterwards, as I have been informed, made extant by him the said Griffith sometimes of Oriel Coll. in Oxon (as it seems) who dying in the beginning of June 1681 (after he had been one of the Wednesdays Lecturers at Wotton Under-edge in Com. Gloc. several years) was buried at Alderley before mention’d. To conclude; all that I shall farther say of this worthy person Sir Matth. Hale, whom we have now brought to his grave, shall be the very same words which conclude his life, written by a Native of Edenburgh called Gilbert Burnet D. D. sometimes Professor of Div. in the Univ. of Glascow, but then (1682) Preacher at the Rolls in Chancery-lane, running thus. He was one of the greatest patterns that this age hath afforded, whether in his private deportment as a Christian, or in his publick employments, either at the bar or on the bench. Which character being without doubt true, as most things of him in the said life are, yet I must take leave to tell the reader, that most knowing and observing men had a better esteem of Judg Hale before the said life was published, than after; as also in some respects, before the publication of Additional notes on the life and death of Sir Matth. Hale. The author of which (Mr. R. Baxter the learned and most eminent Nonconformist) takes often occasion to reflect in them ((g))((g)) p 13.14.25.35.36.37.38.39.44. on the Church of Englands and its Orthodox Sons.