and excellent temper led him to think, that the fooner› an act of indemnity were paffed, and the fuller it were of graces and favours, it would fooner fettle the nation, and quiet the minds of the people; and therefore he applied himself with a particular care to the framing and carrying it on; in which it was visible he had no concern of his own, but merely his love of the public that fet him on to it. Soon after this, when the courts in Westminster-ball came to be fettled, he was made Lord Chief Baron; and when the earl of Clarendon (then lord chancellor) delivered him his commiffion, in the fpeech he made, according to the custom on fuch occafions, he expreffed his esteem of him in a very fingular manner, telling him, among other things, 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, becaufe he knew none that deferved it fo well.' It is ordinary for perfons fo promoted to be knighted; but he defired to avoid having that honour done him, and therefore, for a confiderable time, declined all opportunities of waiting on the king; which the lord chancellor obferving fent for him upon bufinefs one day when the king was at his houfe, and told his majesty there was his modeft chief baron; upon which he was unexpectedly knighted. He continued eleven years in that place, managing the court, and all proceedings in it, with fingular juftice. It was obferved by the whole nation, how much he raised the reputation and practice of it; and thofe who held places and offices in it, can all declare, not only the impartiality of his juftice, for that is but a common virtue, but his generofity, his vaft diligence, and his great exactness in trials. This gave occafion to the only complaint that ever was made of him, That he did not difpatch 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 caufes tried before him, were feldom, if ever, tried again. Nor did his administration of justice lie only in that court: he was one of the principal judges that fate in Clifford's-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 accommodating all the differences that might have rifen about the rebuilding of it, in which he behaved himself to the fatisfaction of all perfons concerned; so that the fudden and quiet building of the city, which is justly 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 Bridgeman (then lord chief justice of the common-pleas, afterwards lord-keeper of the great feal of England) used, and to the judgment they fhewed in that affair; finçe, without the rules then laid down, there might have otherwife followed fuch an endless train of vexatious fuits, as might have been little less chargeable than the fire itfelf had been. But, without detracting from the labours of the other judges, it must be acknowledged that he was the most inftrumental in that great work; for he first, by way of fcheme, contrived the rules upon which he and the reft proceeded afterwards; in which his readiness at arithmetic, and his skill in architecture, were of great ufe to him. But it will not feem ftrange that a judge behaved himself 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 origi nal under his own hand. THINGS NECESSARY TO BE CONTINUALLY HAD IN REMEMBRANCE. 1. That, in the Adminiftration of Juftice, I am entrufted 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 Strength, but implore and reft upon the Direction and Strength of God. IV. That, in the Execution of Juftice, I carefully lay afide my own Paffions, and not give way to them, however provoked. V. That I be wholly intent upon the Bufinefs that I am about, remitting all other Cares and Thoughts, as unfeafonable, 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 myfelf in the beginning of any Caufe, but referve 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 Confcientious, where all the harm is Diverfity of Judg ment. 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 Applaufe, or Diftafte, have no influence into any thing I do in point of Diftribution of Juftice. XII. Not to be folicitous what men will fay or think, fo long as I keep myself exactly according to the Rules of Juftice. XIII. If in Criminals it be a measuring caft, to incling to Mercy and Acquittal. XIV. In XIV. In Criminals that confift merely in Words, when no more harm enfues, Moderation is no Injuftice. XV. In Criminals of Blood, if the fact be evident, Severity is Justice. XVI. To abhor all private Solicitations, of what kind foever, and by whomfoever, in Matters Depending. XVII. To Charge my Servants: 1. Not to interpose in any Bufinefs whatsoever. 2. Not to take more than their known Fees. 3. Not to give any undue Precedence to Caufes. 4. Not to recommend Counsel. XVIII. To be fhort and fparing at Meals, that I may be the fitter for Bufinefs. He would never receive private addreffes or recommendations from the greatest perfons in any matter, in which justice was concerned. One of the first peers of England went once to his chamber, and told him, that having a fuit in law to be tried before him, he was then to acquaint him with it, that he 'might the better understand it, when it fhould 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 information 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 ufed,' and faid, 'he verily believed he would "have used himself no better, if he had gone to folicit 'him in any of his own caufes.' Another paffage fell out in one of his circuits, which was fomewhat cenfured as an affectation of an nreasonable ftrictnefs: but it flowed from his exact nefs ness to the rules he had fet himself. A gentleman had fent 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 fent 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 answered, that he never fold his venifon, 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, according 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 caufe. 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 greatnefs; yet when juftice 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 reftore him to it, or provide him with another; but he told him plainly, his fault was fuck that he could not do it; the other preffed him vehe'mently, 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 curfe him for it every day' But that having no effect, then he fell out into all the reproachful words that paffion and defpair could 'infpire him with; to which all the anfwer the lord chief baron made was, that he 'could very well bear |