reasons, that I have heard many profefs that he brought them often to change their opinions; fo that his giving of judgment was really a learned lecture upon that point of law and which was yet more, the parties themfelves, though intereft does too commonly corrupt the judgment, were generally fatisfied with the juftice of his decifions, even when they were made against them. His impartial juftice, and great diligence, drew the chief practice after him, into whatfoever court he came. Since, though the Courts of the Common-pleas, the Exchequer, and the King'sbench, are appointed for the trial of caufes of dif ferent natures, yet it is easy to bring moft caufes into any of them, as the counsel or attorneys pleafe; fo as he had drawn the business much after him, both into the Common-pleas and the Exchequer, it now followed him into the King's-bench; and many causes that were depending in the Exchequer, and not determined, were let fall there, and brought again before him in the court to which he was now removed. And here did he spend the rest of his public life and employBut about four years and a half after this advancement, he who had hitherto enjoyed a firm and vigorous health, to which his great temperance, and the equality of his mind, did not a little conduce, was on a fudden brought very low by an inflammation in his midriff, which in two days time broke the conftitution of his health to fuch a degree, that he never recovered it. He became fo afthmatical, that with great difficulty he could fetch his breath; that determined in a dropfy, of which he afterwards died. He underftood phyfic fo well, that confidering his age, he concluded his distemper muft carry him off in a little time; and therefore he refolved to have fome of the last months of his life referved to himself; that, being freed of all worldly cares, he might be preparing for his change. He was alfo fo much difabled in his body, that he could hardly, though fupported by his fervants, walk through Westminster-hall, or endure the toil of bufi

nels:

nefs: he had been a long time wearied with the distractions that his employment had brought on him, and his profeflion was become ungrateful to him: he loved to apply himfelf wholly to better purposes, as will appear by a paper that he wrote on this fubject, which I fhall here infert.

First, If I confider the bufinefs of my profeffion, whether as an Advocate or as a Judge, it is true, I 'do acknowledge, by the inftitution of Almighty God, and the difpenfation of his Providence, I am bound to industry and fidelity in it: and as it is an Act of Obe'dience unto his Will, it carries with it some things of • religious duty, and I may and do take comfort in it, and expect a reward of my obedience to him, and the good that I do to mankind therein, from the bounty and beneficence, and promise of Almighty God; and it is true also, that without fuch employments, Civil Societies cannot be supported, and great good redounds to mankind from them; and in these refpects, the confcience of my own induftry, fidelity, ⚫ and integrity in them, is a great comfort and fatisfaction to me. But yet this I must say concerning these employments, confidered fimply in themfelves, that 'they are very full of cares, anxieties, and perturbations,

• Secondly, That though they are beneficial to others, yet they are of the least benefit to him that is employ

'ed in them.

Thirdly, That they do neceffarily involve the party, whofe office it is, in great dangers, difficulties, and 'calumnies.

Fourthly, That they only ferve for the meridian of this life, which is fhort and uncertain.

Fifthly, That though it be my duty, faithfully to 'ferve in them, while I am called to them, and till I 'am duly called from them, yet they are great confumers of that little time we have here; which, as it fecms to me, might be better spent in a pious contem

'plative

plative life, and a due provifion for Eternity. I do ⚫ not know a better temporal employment than Martha had, in teftifying her love and duty to our Saviour, by making provifion for him; yet our Lord tells her, That though fhe was troubled about many things, there was only one thing neceffary, and Mary had 'chofen the better part.'

By this the reader will fee that he continued in this ftation upon no other confideration, but that being fet in it by the Providence of God, he judged he could not abandon that poft which was affigned him, without preferring his own private inclination to the choice God hath made for him; but now that fame Providence having by this great diftemper difengaged him from the obligation of holding a place, which he was no longer able to discharge, he refolved to refign in. This was no fooner furmifed abroad, than it drew upon him the importunities of all his friends, and the clamour of the whole town to divert him from it, but all was to no purpose; there was but one argument that could move him, which was, 'That he was obliged to continue in 'the employment God had put him in for the good ' of the public.' But to this he had fuch an anfwer, that even those who were moft concerned in his withdrawing, could not but fee, that the reasons inducing him to it, were but too ftrong; fo he made application to his majefty for his Writ of Eafe, which the King was very unwilling to grant him, and offered to let him hold his place ftill, he doing what bufinefs he could in his chamber; but he faid, He could not with a good confcience continue in it, fince he was no longer able to difcharge the duty belonging to it.'

But yet fuch was the general fatisfaction which all the kingdom received by his excellent adminiftration of justice, that the King, though he could not well deny his request, yet he deferred the granting of it as long as was poffible: nor could the lord chancellor be

prevailed

prevailed with to move the King to haften his difcharge, though the chief juftice often preffed him to it.

At laft having wearied himself and all his friends with his importunate defires, and growing fenfibly weaker in body, he did, upon the 21ft day of Febru ary, 28 Car. II. Anno Dom. 1675-6, go before a maf ter of chancery, with a little parchment deed, drawn by himfelf, and written all with his own hand, and there fealed and delivered it, and acknowledged it to be enrolled; and afterwards he brought the original deed to the lord chancellor, and did formally furrender his office in these words:

Omnibus Christi fidelibus ad quos præsens Scriptura pervenerit, Mattheus Hale, Miles, capitalis justiciarius Domini Regis ad placita coram ipso rege tenenda assignatus, salutem in Domino sempiternam noveritis me præfatum Mattheum Hale, Militem, jam senem factum

variis corporis mei senilis morbis & infirmitatibus dire laborantemathuc detentum, hâc chartâ mea resignare & sursum reddere serenissimo Domino nostro Carolo Secundo Dei gratià Anglie, Scotia, Franciæ, & Hiberniæ, Regi, Fidei Defensori, &c. Predictum officium capitalis justiciarii ad placita coram ipso rege tenenda, bumillime petens quod hoc scriptum irrotaletur de recordo. In cujus rei testimonium buic chartæ meæ resignationis sigillum meum apposui. Dat vicesimo primo die Februarii, annɔ regni dict. Dom. Regis nunc vicesimo octavo '.

'TRANSLATION.

To all persons in Christ to whom these presents shall come, MATTHEW HALE, knight, Chief Justice of our Lord the King, assigned to hold pleas before the King, greeting: Know ye that I the said Matthew Hale, knight, having now become advanced in years, and by reason of my age being now severely afflicted with various diseases and infirmities, and still confined thereby, do by this instrument resign and render up to our most gracious Lord Charles the Second, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. the said office of chief justice; most humbly beseeching that this deed may be enrolled. In witness whereof I have set my seal to this deed of my resignation.

Given the 21st day of February, in the twenty-eighth year of the reign of our said Lord the King.

He

He made this inftrument, as he told the lord chancellor, for two ends; the one was to fhow the world his own free concurrence to his removal: another was to obviate the objection heretofore made, That a chief juftice, being placed by writ, was not removable at pleasure, as judges by patent were;' which opinion, as he faid, was once held by his predeceffor the lord chief juftice Keyling; and though he himfelf was always of another opinion, yet he thought it reasonable to prevent fuch a fcruple.

He had the day before furrendered to the King in perfon, who parted from him with great grace, wishing him moft heartily the return of his health; and affuring him, That he would ftill look upon him as one of his judges, and have recourfe to his advice when his health would permit; and in the mean time 'would continue his penfion during his life.'

The good man thought this bounty too great, and an ill precedent for the King; and therefore writ a letter to the lord treasurer, earneftly defiring that his penfion might be only during pleasure; but the King would grant it for life, and make it payable quarterly.

And yet for a whole month together, he would not fuffer his fervant to fue out his patent for his penfion ; and when the first payment was received, he ordered a great part of it to charitable ufes; and faid, he intended most of it fhould be fo employed as long as it was paid him.

At last he happened to die upon the quarter-day which was Christmas-day; and though this might have given fome occafion to a difpute, whether the penfion for that quarter were recoverable, yet the King was pleafed to decide that matter against himfelf, and ordered the penfion to be paid to his executors.

As foon as he was difcharged from his great place, he returned home with as much cheerfulnefs as his want of health would admit of, being now eafed of a burden he had been of late groaning under, and fo made more capable of enjoying that which he had

much