jury, he would always require the bar to interrupt him if he did mistake, and to put him in mind of it, if he did forget the least circumstance: some judges have been disturbed at this as a rudeness, which he always looked upon as a service and respect done to him.

"His whole life was nothing else but a continual course of labour and industry, and when he could borrow any time from the public service, it was wholly employed either in philosophical or divine meditations, and even that was a public service too, as it hath proved; for they have occasioned his writing of such treatises, as are become the choicest entertainments of wise and good men, and the world hath reason to wish that more of them were printed. He that considers the active part of his life, and with what unwearied diligence and application of mind he dispatched all men's business which came under his care, will wonder how he could find any time for contemplation: he that considers again the various studies he past through, and the many collections and observations he hath made, may as justly wonder how he could find any time for action: but no man can wonder at the exemplary piety and innocence of such a life so spent as his was, wherein as he was careful to avoid every idle word, so 'tis manifest he never spent an idle day. They who came far short of this great man, will be apt enough to think that this is a panegyric, which indeed is a history, and but a little part of that history which was, with great truth, to be related of him: men who despair of attaining such perfection, are not willing to believe any man else did ever arrive at such a height. "He was the greatest lawyer of the age, and might have had what practice he pleased; but though he did most conscientiously affect the la

that

bours of his profession, yet at the same time he despised the gain of it; and of those profits which he would allow himself to receive, he always set apart a tenth penny for the poor, which he ever dispensed with that secrecy, that they who were relieved seldom or never knew their benefactor. He took more pains to avoid the honours and preferments of the gown, than others do to compass them. His modesty was beyond all example; for where some men, who never attained to half his knowledge, have been puffed up with a high conceit of themselves, and have affected all occasions of raising their own esteem, by depreciating other men, he, on the contrary, was the most obliging man that ever practised: if a young gentleman happened to be retained to argue a point in law, where he was on the contrary side, he would very often mend the objections when he came to repeat them, and always commend the gentleman if there was any room for it; and one good word of his was of more advantage to a young man, than all the favour of a court could be."

Having thus far pursued his history and character, in the public and exemplary parts of his life, without interrupting the thread of the rela tion with what was private and domestic, I shall conclude with a short account of these.

He was twice married; his first wife was Ann, daughter of Sir Henry Moore, of Faly, in Berkshire, grand-child to Sir Francis Moore, serjeant at law; by her he had ten children; the four first died young, the other six lived to be all married; and he out-lived them all, except his eldest daughter, and his youngest son, who are yet alive.

His eldest son, Robert, married Frances, the daughter of Sir Francis Chock, of Avington, in

Berkshire, and they both dying in a little time, one after another, left five children, two sons, Matthew and Gabriel, and three daughters, Ann, Mary, and Frances; and by the judge's advice, they both made him their executor, so he took his grand-children into his own care, and among them he left his estate.

His second son, Matthew, married Ann, the daughter of Mr. Matthew Simmonds, of Hilsley, in Gloucestershire, who died soon after, and left one son behind him, named Matthew.

His third son, Thomas, married Rebekah, the daughter of Christian Le Brune, a Dutch merchant, and died without issue.

His fourth son, Edward, married Mary, the daughter of Edmond Goodyere, Esq. of Heythorp, in Oxfordshire, and still lives; he has two sons and three daughters.

His eldest daughter, Mary, was married to Edward Alderly, son of Edward Alderly, of Innishannon, in the County of Cork, in Ireland, who dying, left her with two sons and three daughters; she is since married to Edward Stephens, son to Edward Stephens, Esq. of Cherington, in Gloucestershire. His youngest daughter, Elizabeth, was married to Edward Webb, Esq. barrister at law; she died, leaving two children, a son and a daughter.

His second wife was Ann, the daughter of Mr. Joseph Bishop, of Faly, in Berkshire, by whom he had no children; he gives her a great character in his will, as a most dutiful, faithful, and loving wife, and therefore trusted the breeding of his grand-children to her care, and left her one of his executors, to whom he joined Sir Robert Jenkinson, and Mr. Gibbon. So much may suffice of those descended from him.

In after times it is not to be doubted, but it

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will be reckoned no small honour to derive from him; and this has made me more particular in reckoning up his issue. I shall next give an account of the issues of his mind, his books, that are either printed, or remain in manuscript; for the last of these, by his will, he has forbid the printing of any of them after his death, except such as he should give order for in his life: but he seems to have changed his mind afterwards, and to have left it to the discretion of his executors, which of them might be printed: for though he does not express that, yet he ordered by a codicil," that if any book of his writing, as well touching the common law, as other "subjects, should be printed, than what should "be given for the consideration of the copy, "should be divided into ten shares, of which "he appointed seven to go among his servants, " and three to those who had copied them out, " and were to look after the impression." The reason, as I have understood it, that made him so unwilling to have any of his works printed after his death, was, that he apprehended in the licensing them, (which was necessary before any book could be lawfully printed, by a law then in force, but since his death determined) some things might have been struck out or altered, which he had observed, not without some indignation, had been done to a part of the reports of one whom he had much esteemed.

This, in matters of law, he said, might prove to be of such mischievous consequences, that he thereupon resolved none of his writings should be at the mercy of licencers; and therefore, because he was not sure that they should be published without expurgations or interpolations, he forbade the printing any of them; in which he afterward made some alteration, at least he

gave occasion, by his codicil, to infer that he had altered his mind.

This I have the more fully explained, that his last will may be no way misunderstood, and that his worthy executors, and his hopeful grandchildren, may not conclude themselves to be under an indispensable obligation of depriving the public of his excellent writings.

A CATALOGUE of all his Printed Books.

1. THE primitive origination of mankind, considered and examined according to

the light of nature, Folio.

2. Contemplations moral and divine, part 1. 8vo.

3. Contemplations moral and divine, part 2, 8vo.

4. Difficiles Nuga, or observations touching the Torricellian experiment, and the various solutions of the same, especially touching the weight and elasticity of the air, 8vo.

5. An essay touching the gravitation, or nongravitation of fluid bodies, and the reasons thereof, 8vo.

6. Observations touching the principles of natural motions, and especially touching rarefaction and condensation; together with a reply to certain remarks, touching the gravitation of fluids, 8vo.

7. The life and death of Pomponius Atticus, written by his contemporary and acquaintance, Cornelius Nepos, translated out of his fragments; together with observations, political and moral, thereupon, 8vo.

8. Pleas of the crown, or a methodical summary of the principal matters relating to that subject, 8vo.