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the time of execution that it was not possible to procure a reprieve.

"Another occasion was given him of shewing both his justice and his courage, when he was upon another circuit; being informed that the Protector had ordered a jury to be returned for a trial, in which he was concerned, the judge examined the sheriff about it, who pleaded ignorance, saying, that he referred all such things to the under-sheriff, and this person acknowledged the fact, upon which the judge dismissed the jury, and would not try the cause. This greatly displeased the Protector, who told him when he returned from the circuit, that "he was not fit to be a judge;" to whom he only answered, "that it was very true."

"On the death of Oliver, a new commission was offered to Mr. Hale, which he refused, saying, that he could act no longer under such authority." He also refused to accept the mourning which was sent to him and his servants for the funeral of the usurper. Mr. Hale lived privately till the parliament was called which brought home, the king, to which he was returned as knight of the shire for the county of Gloucester. It appeared at that time how much he was beloved and esteemed in his neighbourhood, for though another, who stood in competition with him, had spent near one thousand pounds to procure votes, which was a great sum for such an occasion in those days; yet Mr. Hale, who expended nothing,

and

and solicited none, was chosen. He was indeed brought to the place of meeting almost against his consent by Lord Berkley, who bore all the charge on the day of election, and whereas, by the writ, the knight of a shire must be miles gladio cinctus, and he had no sword; the same noble lord girt him with his own during the election."

Soon after the restoration he was made Chief Baron of the Exchequer; and when the chancellor, Lord Clarendon, delivered him his commission, he expressed his esteem of him in a very singular manner, saying, "that if the king could have found out an honester and fitter man for that employment. he would not have advanced him to it; and that he had therefore preferred him, because he knew none that deserved it so. well."

It is ordinary for persons advanced to that dignity to be knighted, but he wished to avoid that honour, and therefore for a considerable time he declined all opportunities of waiting upon the king; which the lord chancellor observing, sent for him upon business one day, when the king was at his house, to whom he introduced him by the title of "his Majesty's modest Chief Baron," upon which he was unexpectedly knighted.

He continued eleven years in that place, and it was observed by the whole nation how much he raised the reputation and practice of that court. The only complaint ever made against him was, "that he did not dispatch matters quick enough;"

but

but the great care he used to bring suits to a final end, as it made him slower in deciding them; so it had this good effect, that causes tried before him, were seldom, if ever tried again.*

He would never receive private addresses or recommendations from the greatest persons in any matter wherein justice was concerned. One of the first peers in England went once to his chambers, and told him, "that having a suit to be tried before him, he was then come to acquaint him with it, that he might the better understand it when it should come to be heard in court."

This modest account was quite enough for the chief baron, who interrupted him with saying, "that he did not act fairly in coming to his chambers about such affairs; for that he never received any information concerning causes but in open court." The duke upon this went away much dissatisfied, and complained of it to the king, as a rudeness that was not to be endured; but his Majesty bade him content himself that he was no worse used, adding, "I verily believe the chief baron would have treated me no better, if I had gone to him about one of my own causes."

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Another circumstance, says his entertaining biographer, fell out in one of his circuits, which was somewhat censured as unreasonable strictness, but it flowed from his exactness to the rules which he had laid down for his conduct. A gen

*Burnet's Life of Sir M. Hale.

tleman

tleman who had a trial at the assizes sent him

a buck for his table; heard his name, he asked,

and when the judge "if he was the same

person that had sent him venison?" and finding that he was the same, he told him, "he could not suffer the trial to go on, till he had paid him for the buck." To this the gentleman replied, "that he never sold his venison; and that he had done nothing to him, which he did not do to every judge that went that circuit:" but all was to no purpose, the chief baron would not suffer the trial to go on till he had paid for the present, upon which the gentleman withdrew the record; and at Salisbury the dean and chapter having, according to the custom, presented him with six sugar loaves, he made his servants pay for them before he would try their cause.

In 1671 he was made Chief Justice of the King's Bench, which appointment gave universal satisfaction, for the people thought their liberties could not be better deposited than in the hands of one, who as he understood them well, so he had all the justice and courage that so sacred a trust required. One thing was much observed and commended in him, that when there was a great inequality in the ability and learning of the counsellors that were to plead one against another, he thought it became him, as the judge, to supply that; so that he would enforce what the weaker counsel managed but indifferently, and not suffer the more learned to carry the business

by

by the advantage they had over the others, in their quickness and skill in law, and readiness in pleading, till all things were cleared, in which the merits and strength of the ill-defended cause lay.

About four years and a half after this appointment, his health failed so much that he solicited his discharge, but could not obtain it for some time. At last his request was granted, and the king, in parting with him, expressed his great regret, and assured him that " he should still look upon him as one of his judges, and have recourse to his advice when his health would permit, and, in the mean time, would continue his pension during his life." The good man thought this bounty too great, and an ill precedent, and therefore he wrote a letter to the Lord Treasurer, earnestly desiring that his pension might be only during pleasure; but the king would grant it for life, and make it payable quarterly. Yet for a whole month he would not suffer his servant to sue out his patent for the pension, and when the first payment was received, he ordered a great part of it to be given away in charity, saying, that he intended most of it should be so distributed as long as he received it.

His resignation was in February 1676, and he died on Christmas day following, Not long before his death the minister told him the sacrament would be administered at the church next Sunday, but as he could not come and partake

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