converse 26 about our philosophical, and spiritual subjects. I having then begun a Latin Methodus Theologiæ, sent him one of the schemes (beforementioned),27 containing the generals of the philosophical part, with some notes upon it; which he so over-valued that he urged me to proceed in the same way. I objected against putting so much philosophy (though mostly but de homine) in a method of theology: but he rejected my objections, and resolved me to go on.

26 See Note EE.

27 See post, ch. xii.

1928

28 Hale's Works, vol. i. pp. 105-107.

CHAPTER X.

FROM A.D. 1671 TO A.D. 1676.

EARLY in May, 1671, Sir John Keyling, Lord Chief Justice of the King's Bench, died. On the 18th of the same month Hale succeeded him: and still pursued the same exemplary, and intrepid course. Against oppression his opposition even increased: he so lifted up his voice as to confound and overwhelm aggressors. An instance occurred, in a case reported by Ventris, where a Captain C-, and one of his serjeants, thinking fit to carry military tactics into civil affairs, had rescued, by means of twenty or thirty soldiers, an individual arrested for debt after enlisting. His lordship there, indeed, furnished an illustration of what he meant by "personated anger." 2 "Whatever you military men think," was his address in open court, "you shall find that you are under the civil jurisdiction; and you but gnaw a file; you will break your teeth ere you shall prevail against it." He committed both the culprits to Newgate; and on

1 Reports, p. 250, part i.

2 Sometimes a personated anger, managed with judgment, is of singular use, especially in persons in authority; but such an anger is but a painted fire, and without perturbation. Works, vol. ii. p. 390.—“ Of Moderation of Anger.'

their subsequent appearance before him, he asked "why an information was not exhibited?" telling the city counsel," that if the sheriffs did not prosecute, the court would, for it was a matter of great example, and ought not to be smothered."

Laudably anxious to satisfy the public, and suitors especially, that what he did was right, he not only gave the reasons of his judgments in intricate cases, but by eliciting observations, and his own remarks, constantly took pains to make whatever passed intelligible, and instructive. "I have known," says Roger North, "the Court of King's Bench sitting every day from eight to twelve, and the Lord Chief Justice Hale managing matters of law to all imaginable advantage to the students, and in which he took a pleasure, or rather pride. He encouraged inquiry when it was to the purpose, and used to debate with the counsel, so as the court might have been taken for an academy of sciences, as well as the seat of justice." 3

Nor was he content with this service, valuable as it was, and novel also, and interesting. He assisted in private such as applied to him; he advised them to use their books diligently, and directed their studies. When he saw any thing amiss, particularly if he observed a he did not withhold admonition.

4

love of finery,

It was done,

however, in a smiling, pleasant way; usually by

3 Roger North on the Study of the Laws, 8vo. p. 32, first published in 1824. See Note FF.

4 See Note G G.

observing that that did not become their profession. The sight of students in long periwigs, or attorneys with swords, was known to be so offensive to him, as to induce those who loved such things to avoid them when they waited upon him, in order to escape reproof.

In 1673 his lordship printed an Essay touching the gravitation, and non-gravitation of fluid bodies, and the reasons thereof. This, two years afterwards, was followed by another treatise, entitled, "Difficiles Nuga; or, Observations touching the Torricellian experiment, and the various solutions of the same, especially touching the weight and elasticity of the air." But of these more hereafter.

His incessant labours began now to tell visibly upon his constitution. The firm and vigorous health he had hitherto enjoyed, and to which his great temperance and equanimity had conduced, suddenly gave way. In two days inflammation brought him low; asthma ensued; and that was followed by dropsy. 5 He had death," says Baxter, "in his lapsed countenance, flesh, and strength, with shortness of breath."6 So enfeebled was he, all at once, as to be scarce able, though supported by his servants, to walk through Westminster Hall.

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Perceiving that his days were nearly numbered, he resolved upon retirement from office: a resolve, however, not unattended, in his apprehension,

5 See Note H H.

6 Works, by Thirlwall, vol. i. p. 107.

with difficulties. They are expressed in the following memoranda :

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First, If I consider the business of my profession, whether as an advocate or as a judge, it is true I do acknowledge, by the institution of Almighty God, and the dispensation of his providence, I am bound to industry and fidelity in it. And as it is an act of obedience unto his will, it carries with it some things of religious duty, and I may and do take comfort in it, and expect a reward of my obedience to Him, and the good that I do to mankind therein, from the bounty and beneficence, and promise of Almighty God; and it is true also, that without such employments civil societies cannot be supported, and great good redounds to mankind from them; and in these respects, the conscience of my own industry, fidelity, and integrity in them, is a great comfort and satisfaction to me. But yet, this I must say concerning these employments, considered simply in themselves, that they are very full of cares, anxieties, and perturbations.

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Secondly, That though they are beneficial to others, yet they are of the least benefit to him that is employed in them.

"Thirdly, They do necessarily involve the party whose office it is, in great dangers, difficulties, and calumnies.

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Fourthly, That they only serve for the meridian of this life, which is short and uncertain.

"Fifthly, That though it be my duty faithfully to serve in them while I am called to them, and