to have some of the last months of his life reserved to himself, that being freed of all worldly cares, he might be preparing for his change. He was also so much disabled in his body, that he could hardly, though supported by his servants, walk through Westminster Hall, or endure the toil of business. He had been a long time wearied with the distractions that his employment had brought on him, and his profession was become ungrateful to him. He loved to apply himself wholly to better purposes, as will appear by a paper that he writ on this subject, which I shall here insert. "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 beneficial to others, yet they are of the least benefit to him that is employed in them. "Thirdly, ઃઃ Thirdly, That they do necessarily involve the party, whose office it is, in great dangers, difficulties, and calumnies. "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 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 she was troubled about many things, there was only one thing necessary, and Mary had chosen the better part." By this the reader will see, that he continued in his station upon no other consideration, but that being set in it by the providence of God, he judged he could not abandon that post which was assigned him, without preferring his own private inclination to the choice God had made for him; but now that same providence having by this great distemper disengaged him from the obligation of holding a place, which he was no longer able to discharge, he resolved to resign it. This was no sooner surmised 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 such an answer, that even those who were most concerned in his withdrawing, could not but but see, that the reasons inducing him to it, were but too strong so he made applications to his majesty for his writ of ease, which the king was very unwilling to grant him, and offered to let him hold his place still, he doing what business he could in his chamber; but he said, he could not with a good conscience continue in it, since he was no longer able to discharge the duty belonging to it. But yet such was the general satisfaction which all the kingdom received by his excellent administration of justice, that the king, though he could not well deny his request, yet he deferred the granting of it as long as was possible: nor could the lord chancellor be prevailed with to move the king to hasten his discharge, though the chief justice often pressed him to it. At last having wearied himself, and all his friends, with his importunate desires; and growing sensibly weaker in body, he did upon the 21st day of February, 28 Car. 2. anno Dom. 1675-6, go before a master of the Chancery, with a little parchment deed, drawn by himself, and written all with his own hand, and there sealed and delivered it, and acknowledged it to be enrolled; and afterwards he brought the original deed to the Lord Chancellor, and did formally surrender his office in these words: "Omnibus Christi fidelibus ad quos præsens scriptura pervenerit, Matheus Hale, Miles, capitalis justiciarius domini regis ad placita coram ipso rege tenenda assignatus, salutem in domino sempiternam. Noveritis me præfatum Matheum Hale, Militem, jam senem factum, et variis corporis mei senilis morbis et infirmitatibus dire laborantem, et adhuc detentum, hâc chartâ mea resignare et sursum reddere serenissimo domino nostro Carolo secundo dei gratià Angliæ, Scotia, Franciæ et Hiberniæ, regi, fidei defensori, &c. predictum officium capitalis justiciarii ad placita coram ipso rege tenenda, humillime petens quod hoc scriptum irrotaletur de recordo. In cujus rei testimonium huic chartæ meæ resignationis sigillum meum apposui. Dat. vicessimo primo die Februarii anno regni dict. dom. regis nunc vicesimo octavo." He made this instrument, as he told the lord chancellor, for two ends; the one was to shew the world his own free concurrence to his removal: another was to obviate an objection heretofore made, that a chief justice, being placed by writ, was not removable at pleasure, as judges by patent were; which opinion, as he said, was once held by his predecessor the lord chief justice Keyling; and though he himself were always of another opinion, yet he thought it reasonable to prevent such a scruple. He had the day before surrendered to the king in person, who parted from him with great grace, wishing him most heartily the return of his health; and assuring him, "That he would still look upon him as one of his judges, and have recourse to his advice when his health would permit; and in the mean time would continue his pension during his life." The good man thought this bounty too great, and an ill precedent for the king; and therefore wrote a letter to the lord treasurer, earnestly desiring, that his pension 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 suffer his servant to sue out his patent for his pension; and when the first payment was received, he he ordered a great part of it to charitable uses; and said, he intended most of it should be so 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 some occasion to a dispute, whether the pension for that quarter were recoverable, yet the king was pleased to decide that matter against himself, and ordered the pension to be paid to his executors. As soon as he was discharged from his great place, he returned home with as much cheerfulness, as his want of health could admit of, being now eased of a burthen he had been of late groaning under, and so made more capable of enjoying that which he had much wished for, according to his elegant translation of, or rather paraphrase upon, those excellent lines in Seneca's Thyestes, Act 2. Stet quicunque volet potens, Let him that will ascend the tottering seat |