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fibly more dilated and extended, and not fo deep as now.' And a little after: Poffibly the Seas have undermined much of the appearing Continent of Earth.' This I the rather take notice of, because it hath been fince his death made out in a moft ingenious and most elegantly writ book, by Mr. Burnet of Chrift's College, in Cambridge, who has given fuch an Effay towards the proving the poffibility of an Univerfal Deluge; and from thence has collected, with great fagacity, what Paradife was before it, as has not been offered by any philofopher before him.

While the Judge was thus employing his time, the Lord Chief Juftice Keyling dying, he was on the 18th of May, 1671, promoted to be Lord Chief Justice of England. He had made the Pleas of the Crown one of his chief studies; and by much fearch and long observation, had compofed that great work concerning them, formerly mentioned; he that holds the high office of Jufticiary in that court, being the chief trustee and affertor of the liberties of his country. All people applauded this choice, and thought their liberties could not be better depofited, than in the hands of one, that as he understood them well, fo he had all the justice and courage that fo facred a truft required. One thing was much obferved and commended in him, that when there was a great inequality in the ability and learning of the counfellors that were to plead one against another, he thought it became him, as the judge, to fupply that; fo he would enforce what the weaker counsel managed but indifferently, and not suffer the more learned to carry the bufinefs by the advantage they had over the others, in their quickness and skill in law, and readinefs in pleading, till all things were cleared, in which the merits and ftrength of the ill-defended caufe lay. He was not fatisfied barely to give his judgment in caufes; but did, especially in all intricate ones, give fuch an account of the reafons that prevailed with him, that the counsel did not only acquiefce in his authority, but were fo convinced by his

reafons,

reafons, 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 themselves, though intereft does too commonly corrupt the judgment, were generally fatisfied with the juf tice of his decifions, even when they were made against them. His impartial justice, 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 different natures, yet it is eafy to bring moft caufes into any of them, as the counfel 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 caufes 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 reft of his public life and employment. But 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 underflood 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 laft months of his life referved to himfelf; 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 Weftminster-hall, or endure the toil of bufi

nels:

nefs he had been a long time wearied with the diftractions that his employment had brought on him, and his profeffion 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.

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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 Obedience unto his Will, it carries with it fome 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 promife of Almighty God; and it is true alfo, that without fuch employments, Civil Societies cannot be fupported, 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 fatisfac⚫tion to me. But yet this I must say concerning these employments, confidered fimply in themselves, 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

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'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.

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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 con'fumers of that little time we have here; which, as it 'feems to me, might be better spent in a pious contem

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* plative life, and a due provifion for Eternity. I do * not know a better temporal employment than Martha had, in testifying her love and duty to our Saviour, 'by making provision for him; yet our Lord tells her, That though fhe was troubled about many things, there was only one thing neceffary, and Mary had • chosen 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 furmised 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 most concerned in his withdrawing, could not but fee, that the reafons inducing him to it, were but too ftrong; fo he made application to his majesty 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 business 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 discharge the duty belonging to it.'

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But yet fuch was the general fatisfaction which all the kingdom received by his excellent adminiftration of juftice, 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 discharge, though the chief justice often pressed 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 February, 28 Car. II. Anno Dom. 1675-6, go before a mafter 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 placite 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 laborantem adhuc 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 terenda, bumillime petens quod hoc scriptum irrotaletur de recordo. In cujus rei testimonium huic chartæ meæ resignationis sigillum meum upposui. Dat vicesimo primo die Februarii, anno regni dict. Dom. Regis nunc vicesimo octavo '.

1 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

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