H A 
■an a&ive part in their proceedings; lie was no doubt 
prevailed upon to affift, by the hope of moderating the 
pallioits, and fetting bounds to the extravagant projects, 
of the violent zealots. Whilft he entertained this hope, 
lie would dccafionally attend; but when he found his 
endeavours were unavailing, and the temper of the af- 
fembly would admit of no controul, he no longer (hared 
with them in the refponfibility for the wifdom or policy 
of their meafures. 
“Yet, notwithftanding this favourable view of the 
tranfaftion, the warmed admirer of Hale mu ft admit, 
that liis fubfcripfion fome time after to the Engagement - 
is a ground upon which his principles'of attachment to 
a regal government may reafonably be queftioned. For 
though, it be true that Charles I. was no more, yet Hale 
was too enlightened and intelligent to conclude that 
there was an end of monarchy. The prince was alive, 
and unfubdued, who, it might be rationally fuppofed, 
would make an effort to afcend his father’s throne, and 
aflert his legitimate rights. The tenor of this Engage¬ 
ment was a direfl contradiction to the letter and fpirit 
of the Covenant which he had taken. If then there be 
any meaning attached to words, and any fanCtioii and 
value to the folemnity of an oath, by what train of re'a- 
foning can the conduct of Hale be ju (lifted’? What elfe. 
is implied in this engagement than a folemn recognition 
of thole principles upon which Charles was arraigned 
and condemned ? What elfe than an- unqualified rejec¬ 
tion of a regal form of government, and an unfeigned 
approbation and indelible feal of fidelity to a parlia¬ 
ment eftablilhed without a king or houfe of lords? If 
oaths are things which men may allow thcmfelves to 
take upon the afcendancy of a party, and confidered 
only bindiiigfo long as i mere ft .or violence (hall pre- 
fcribe, then indeed the’conduCt of Hale will admit of 
an apology. I cOnfefs, with all my admiration of his 
character, and full conviction of his integrity, I feel my- 
felf at a lofs for reafons to exculpate him in this inftance 
from the charge of pufillanimity, felfidinefs, or verfa- 
tility of principle. How much brighter would his 
character have (hone, if he had followed the example 
of his learned friends, and with the fame firmnefs re¬ 
turned the judge their anfwer ! He would, indeed, 
have facrificed his intereff to his principle's, but he 
would have difplayed the virtues of buffering loyalty, 
and tranfmitud his name with itnfullied lultre to an ad¬ 
miring pofterity. 
“ Though it would betray in the biographer an un¬ 
pardonable ignorance of human nature, and a repreh'en- 
fible partiality for lir Matthew, to hold him up as an 
image of unfpotted innocence, and unerring rectitude ; 
yet the uniform tenor and general complexion of Hale’s 
character, his acknowledged reputation for learning, in¬ 
tegrity, and piety, all forbid us to fuppole he was not 
tremblingly alive to the (anCtity of an oath, and rather 
, than wound the peace of his confcience, would not fub- 
mit to the bittereff privations. That he adtqd from mo¬ 
tives which acquitted him at the tribunal of liis'own 
confcience, it is reasonable to prefume, though we have 
the misfortune to be unacquainted with tlyem. Nor caii 
this apology, with juftice, be placed to an excefs of can¬ 
dour, or an undue bias in favour of one who had the 
firmnefs very foon after to refufe the offer of a feat on 
the bench, and to tell Cromwell, when he alked his rea¬ 
fons, ‘ that he was not fatisfied about his authority, and 
therefore fcrupled to aCt under the commiflion.’ To 
which the ufurper is faid to have made this remarkable 
reply: ‘That he had gotten poUeffroh of the govern¬ 
ment, he was refolved to maintain it. I will not be ar¬ 
gued out,of it. It is my defire to rule according to the 
laws of the land, for which purpofe I have pitched upon 
you ; but if you won’t let me govern by red gowns, I 
am rel'ol'ved to govern by red coats!’ 
“It cannot be fuppofed that this illuftrious judge 
was wholly exempt from the* frailties• of humanity. 
Vol. IX. No. 575. 
L E. i6(j 
There is one circum (lance recorded 0/ him, which fuffi- 
ciently proves indeed, that he had not rifen fuperior 1® 
the fuperffitious credulity of the times. It almoft fur- 
paffes belief at the prefent day, with what reverence 
and horror our forefathers looked upon nature, before 
the world was enlightened by learning and philofophy, 
and how they loved to aftonifh themfelv.es with the ap- 
prelienfions of witchcrafts, prodigies, charms, and en¬ 
chantments. There was not a village in England that 
had not a ghoft in if, the church-yards were all haunted, 
every large common had a circle of fairies belonging to 
it; and there was fcarcely afliepherd who had not 
feen a fpirit ! The mind is overwhelmed in aftonifti- 
tnem at the fadt, that fir Matthew Hale, the mod pious, 
learned,enlightened, and humane, judge, that ever adorn¬ 
ed the bench, (hould declare his belief in witchcraft , at 
the affizes held March iot'h, 1664, at Bury St. Ed¬ 
mund’s, .where he pafl'ed tlie fentence of death upon two 
old crazy wretches for that fuppofed crime, for which 
they were, executed on the 17th of the lame month. 
But. before we venture to reproach his memory with 
extreme feverity, we ought, in candour, to take into 
account the ffrong prejudices of the times in which he 
lived.” 
The fruits of his (Indies are almoft incredible, for 
which he was admirably qualified by a happy combina-. 
tion of natural endowments. Of the philofopliical clafs 
are: i. An Eflay touching the Gravitation of Fluid 
Bodies, 1674. 2. Difficiles Nuga, or Obfervations con¬ 
cerning the Torricellian Experiment, &c. 1674. 3. 
Obfervations touching the Principles of Natural Motion, 
8cc. 1677. 4. The primitive Origination of Mankind 
confidered, 1677. His moral and theological works are : 
5. Contemplations, Moral and Divine, with Diredtions 
touching keeping the Lord’s-day, and Poems on Chrift- 
mas-day, 1676-1679. 6. Judgment of the Nature of 
True Religion, &c. 1685, publilhed by Richard Bax¬ 
ter. 7. Several Trabts on Religious and Moral To¬ 
pics, 1684. 8. Difcourfe of the Knowledge of God and 
Ourfelves, &c. 1688. Thofe belonging to his own pro- 
feffion are : 9. The Preface to Rolle’s Abridgment of 
Cafes. 10. Part of the work entitled London’s Liberties. 
11. Pleas of the Crowii, 1678. 12. A Difcourfe touch¬ 
ing Proviiion for the Poor, 1685. 13. A Treatife con v 
cerning Sheriffs’ Accounts, 1683 ; to which is added his 
Trialof the Witches. 14. The original Inftitution,Power, 
and Ju'rifdidtion, of Parliaments, 1707. 15. Hijloria Pla- 
citofum Corona, publidied from the original manufeript 
in 1736, 2 vols. folio, by Sollom Emlyn, efq. which in 
his molt confiderable work. His moral and religious 
works, with fome original letters, and additional notes, 
were collected and publiftied by the Rev. T. Thirl- 
wall, in 2 vols. 8vo. 1805. 
On thefe moral works, too much praife cannot be be¬ 
llowed. His ftyle is admirably adapted to thefe impor¬ 
tant fubjedts. It is lignificant, perfpicuous, and manly; 
his words are fpirit and life, and carry with them evi¬ 
dence and demonftration. Thefe writings are indeed in¬ 
valuable, as being a tranfeript of the foul of Hale him- 
felf. They furnifh a lively and ftriking reprefentation 
of his learning, wifdom, piety, and virtue, which (hone 
in his life with fuch tranl'cendent luftre, and raifed him 
to the higheft eminence. Hence it has been confidered 
as no fmall advantage to the caufe of the Chriftian reli¬ 
gion, that (he has found, among her ableft and moft zea¬ 
lous defenders, thole who cannot be fuppofed to have 
efpoufed her filtered but from a convidtion of her truth. 
“ Whenever, (lays Mr. Thirl wall,) the delft ventures 
to impute to the clergyman motives of felfifhnefs, he is 
confounded and filenced by the names of Newton, Boyle 
and Locke. The learning, genius, independence, and 
difintereftednefs, of thefe laymen, have always furniflied 
a decilive anfwer to the objedtions of the infidel. May 
it not be efteemed a confiderable advantage to the caufe, 
to include the name of Hale in the lift of thefe illuftri- 
X x ©us 
