Page:Dictionary of National Biography volume 24.djvu/37

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the Sea Shore,' ed. Loveland, 5 n., and Jerwood's 'Dissertation on the Rights to the Sea Shores,' pp. 32 et seq. '22. Concerning the Advancement of Trade, 4to. 23. Of Sheriffs' Accounts, fol.' (published in 1683 as 'A Short Treatise touching Sheriffs' Accompts,' together with a report of the trial of the witches at Bury St. Edmunds, said to have been written by Hale's marshal, 8vo, reprinted with the 'Discourse touching Provision for the Poor,' mentioned infra, in 1716. '24. Copies of Evidences, fol. 25. Mr. Selden's Discourses, 8vo. 26. Excerpta ex Schedis Seldenianis. 27. Journal of the 18 and 22 Jacobi Regis, 4to. 28. Great Commonplace Book of Reports or Cases in the Law, in Law French, fol.'

Manuscripts described by Burnet as 'in bundles' are: 1. 'On Quod tibi fieri, &c., Matt. vii. 12; ' perhaps art. No. (8) of Hale's 'Works Moral and Religious,' 1805 (see below). 2. 'Touching Punishments in relation to the Socinian Controversy.' 3. 'Policies of the Church of Rome.' 4. 'Concerning the Laws of England: ' possibly identical with Hargrave MS. 494, fol. 299, 'Schema Monumentorum Legum Angliae,' or with Harl. MS. 4990, f. 1, 'An Oration of Lord Hales in commendation of the Laws of England; ' or may be the original from which the extracts contained in Lansd. MS. 632 were taken. 5. 'Of the Amendment of the Laws of England ' (Harl. MS. 711, ff. 372-418, and Addit. MS. 18234, published in 1787 as 'Consideration touching the Amendment or Alteration of Lawes ' in 'A Collection of Tracts relative to the Law of England,' by Hargrave, who gives an account of the manuscript, which belonged to Somers, and afterwards to Sir Joseph Jekyll). 6. 'Touching Provision for the Poor ' (printed 1683, 12mo). 7. 'Upon Mr. Hobbs, his MS.' (appears to be identical with the 'Reflections on Hobbes' "Dialogue on Laws'" contained in Harl. MS. 711, f. 418 usque ad fin., of which Addit. MS. 18235 and Hargrave MS. 96 are transcripts). 8. 'Concerning the Time of the Abolition of the Jewish Laws.' Burnet also mentions the following as 'in quarto,' viz.: 1. 'Quod sit Deus.' 2. 'Of the State and Condition of the Soul and Body after Death.' 3. 'Notes concerning Matters of Law.'

A full account of the Hale MSS. in Lincoln's Inn Library is given in the catalogue (1838) by Joseph Hunter. The collection also contains three manuscript copies of the Bible in Latin which are supposed to have belonged to Hale, one of the fourteenth century and two of the fifteenth century. The following legal treatises by Hale are mentioned neither in the schedule to his will nor in the list of his other manuscripts given by Burnet: 1. Hargrave MS. 140, of which Harl. MS. 711, ff. 1-371, is a transcript, a manuscript in Hale's hand, entitled 'The History and Analysis of the Common Law of England.' Apparently the original was in the possession of Harley in 1711, and then lent by him to William Elstob, on condition that no transcript of it should be made (NICHOLS, Lit. Anecd. iv. 124). Two years later the work was printed as ' The History and Analysis of the Common Law of England, written by a learned hand/ London, 8vo; reprinted as by Sir Matthew Hale in 1716, 8vo; 3rd edit. 1739, 8vo. Cap. xi. of this work had appeared in 1700 as a substantive treatise, ' De Successionibus apud Anglos, or the Law of Hereditary Descents/ London, 8vo; reprinted in 1735. The ' Analysis ' also appeared separately in 1739. A fourth edition of the entire work, with notes and a life of Hale by Serjeant Runnington, issued from the press in 1779, London, 8vo; a fifth with many additions in 1794, 2 vols. 8vo, and a sixth in 1820, 2 vols. 8vo. 2. 'A Discourse concerning the Courts of King's Bench and Common Pleas ' (printed by Hargrave in the ' Collection of Tracts ' in 1787, from a manuscript derived from the same source as the tract on the ' Amendment or Alteration of Lawes ').

Of doubtful authenticity are : 1. ' A Treatise showing how useful . . . the enrolling and registering of all Conveyances of Land may be to the inhabitants of this kingdom. By a person of great learning and judgment,' London, 1694, 4to; reprinted with the draft, by Whitelocke and Lisle, of an act for establishing a county register; reprinted as by Hale in 1710, again in 1756, and in 'Somers Tracts,' xi. 81-90. 2 'A Treatise of the Just Interest of the Kings of England in their free disposing power,' &c., London, 1703, 12mo (written 1657 as an argument against the proposed resumption of lands granted by the crown). 3. 'The Original Institution, Power and Jurisdiction of Parliaments,' London, 1707, 8vo. This is undoubtedly spurious. The first part is a mere compilation, chiefly from Coke's 'Institutes,' pt. iv. Of the second part Hargrave had a manuscript, which now seems to be lost, but by which Herbert purported to be the author of the work (see manuscript notes in Hargrave's copy in the British Museum). 4. 'The Power and Practice of the Court Leet of the City and Liberties of Westminster displayed,' 1743, 8vo. 5. 'A Treatise on the Management of the King's Revenue' (printed with 'Observations on the Land Revenue of the Crown,' by the Hon. John St.