The character of Sir Matthew Hale as a judge was splendidly
pre-eminent. His learning was profound; his patience unconquerable;
his integrity stainless. In the words of one who wrote with no
friendly feeling towards him, "his voice was oracular, and his person
little less than adored." The temper of mind with which he entered
upon the duties of the bench is best exemplified in the following
resolutions, which appear to be composed on his being raised to the
dignity of chief baron at the restoration.
"Things necessary to be continually had in remembrance:--
"1. That in the administration of justice I am intrusted for God, the
king, and country; and therefore,
"2. That it be done--1. uprightly; 2. deliberately; 3. resolutely.
"3. That I rest not upon my own understanding or strength, but implore
and rest upon the direction and strength of God.
"4. That in the exertion of justice I carefully lay aside my own
passions, and not give way to them, however provoked.
"5. That I be wholly intent upon the business I am about, remitting
all other cares and thoughts as unseasonable and interruptions.
"6. That I suffer not myself to be pre-possessed with any judgment at
all, till the whole business and both parties be heard.
"7. That I never engage myself in the beginning of any cause, but
reserve myself unprejudiced till the whole be heard.
"8. That in business capital, though my nature prompt me to pity, yet
to consider there is a pity also due to the country.
"9. That I be not too rigid in matters purely conscientious, where all
the harm is diversity of judgment.
"10. That I be not biassed with compassion to the poor, or favour to
the rich, in point of justice.
"11. That popular or court applause or distaste have no influence in
anything I do, in point of distribution of justice.
"12. Not to be solicitous what men will say or think, so long as I
keep myself exactly according to the rule of justice.
"13. If in criminals it be a measuring cast, to incline to mercy and
acquittal.
"14. In criminals that consist merely in words, where no more harm
ensues, moderation is no injustice.
"15. In criminals of blood, if the fact be evident, severity is
justice.
"16. To abhor all private solicitations, of what kind soever, and by
whomsoever, in matters depending.
"17. To charge my servants--1. Not to interpose in any matter
whatsoever; 2. Not to take more than their known fees; 3. Not to give
any undue precedence to causes; 4. Not to recommend counsel.
"18. To be short and sparing at meals, that I may be the fitter for
business."
Under the influence of resolutions like these, the conduct of Hale on
the bench appears to have been almost irreproachable.
_Ibidem._
* * * * *