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XIII. If in criminals it be a measuring cast, to incline to mercy and acquittal. XIV. In criminals that consist merely in words, when no more harm ensues, modération is no injustice.

XV. In criminals of blood, if the fact be evident, severity is justice.

XVI. To abhor all private solicitations, of what kind soever, and by whomsoever, in -"matters depending.

XVII. To charge my servants: 1. Not to interpose in any business whatsoever. 2. Not to take more than their known fees. 3. Not to give any undue precedence to causes. 4. Not to recommend counsel. XVIII. To be short and sparing at meals, that I may be the fitter for business.

In the year 1671, Sir Matthew Hale was appointed Lord Chief Justice of the Court of King's Bench. In this situation he manifested his usual humility, benevolence, industry, judgment, and piety; but to greater advantage, as the sphere of his usefulness

was enlarged. For four years and a half he faithfully discharged this important trust. At the end of that time his constitution suddenly gave way. He became afflicted with asthma, and soon after was attacked by dropsy. Feeling that he could not possibly recover, he made haste to resign his office, that he might set his affairs in order, and prepare for death. Bishop Burnet says, in that biography from which this Memoir is principally composed, that Sir Matthew "had been a long time wearied with the distractions that his employment had brought on him; and his profession had become ungrateful to him." Herein we perceive traces of the same conscientious scruples by which his father had been influenced: but in Sir Matthew they were qualified by other considerations. What these were, and in what light he always regarded his profession, may be seen from the following paper, drawn up when he was resolved, to retire altogether from public business.

"First, If I consider the business of my profession, whether as an advocate or as a judge, it is true, I do acknowledge, by the institution of Almighty God, and the dispensation 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 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 such employments, civil societies cannot be supported, and great good redounds to mankind from them; and in these respects, the conscience of my own industry, fidelity, and integrity in them, is a great comfort and satisfaction to me. But yet this I must say concerning these employments, considered simply in themselves, that they are very full of cares, anxieties, and perturbations

"Secondly, That though they are bene; atriz can't too sito) camo)

ficial to others, yet they are of the least benefit to him that is employed in them.

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Thirdly, That they do necessarily involve the party, whose office it is, in great dangers, difficulties, and calumnies. 16 Fourthly, That they only serve for the meridian of this life, which is short and uncertain.

"Fifthly, That though it be my duty, faithfully to serve in them, while I am called to them, and till I am duly called from them, yet they are great consumers of that little time we have here; which, as it seems to me, might be better spent in a pious contemplative life, and a due provision for eter-nity. I do not know a better temporal employment than Martha had, in testifying her Hove and duty to our Saviour, by making provision for him; yet our Lord tells her, That though she was troubled about many things, there was only one thing necessary, and Mary had chosen the better part."

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Consistently with the result of these views

he obtained his discharge, after much delay, from the king's unwillingness to part with so faithful a servant. Then did his spirit rejoice in its new found liberty, as a bird that has escaped from its cage. But the bird that has been long confined, loses the power to fly about and enjoy itself as formerly. And now Sir Matthew Hale had got liberty indeed; but his health was ruined, and the energies of his mind were rapidly decaying. He had but little power and a short time left, to realize that happy privacy which he so feelingly describes, in the following translation from Seneca's Thyestes.

Let him, that will, ascend the tottering seat
Of courtly grandeur, and become as great
As are his mounting wishes: as for me,
Let sweet repose and rest my portion be.
Give me some mean obscure recess; a sphere
Out of the road of business, or the fear
Of falling lower; where I sweetly may
Myself and dear retirement still enjoy :
Let not my life or name be known unto
The grandees of the time, tost to and fro
By censures or applause; but let my age
Slide gently by, not overthwart the stage

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