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lic entertainments; he gave no feasts except to the poor, literally following our Saviour's direction in this respect.

He was called to the bar for some time and had be. gun to distinguish himself, when the civil wars broke out. Reflecting how difficult it is to live securely in troubled times, and yet preserve one's integrity, he resolved to follow two maxims of Atticus: To engage in no faction; and constantly to favor and relieve those that were the lowest. In accordance with the latter of these rules, he often assisted the royalists in their necessities, and was much employed by them in his profession. He was counsel to the Earl of Strafford, at his trial; afterwards to Archbishop Laud; to King Charles himself,—and to sev. eral others of the royalist nobles. He seems to have been regarded with equal respect and favor by the royalists and the presbyterians; and that out of an opinion of his being a plain honest man, of great knowledge in the law.

From 1643, during the ten years following, he served in several public capacities, and in particular was instrumental in saving the university of Oxford from destruction. In 1651, he was appointed one of a committee to consider of the reformation of the law.

Through the urgency of Cromwell he seems to have been induced, in 1653, to accept the office of one of the judges of the common bench, as it was then called. He filled this office with great integrity and courage. He had however greatly disapproved

and lamented the execution of King Charles, and having scruples as to the validity of his commission from the usurper, he soon refused" to sit any more on the crown side," that is, to try any more criminals, though he continued to try civil cases. Upon this point Blackstone observes: "if judgment of death be given by a judge not authorized by lawful commission, and execution is done accordingly, the judge is guilty of murder; and upon this argument, Sir M. Hale himself, though he accepted the place of a judge of the common pleas under Cromwell's government, yet declined to sit on the crown side at the assizes and try prisoners, having very strong objections to the legality of the usurper's commission as to capital offences, but that it was necessary to decide the dis. putes of civil property in the worst of times: a distinction perhaps rather too refined, since the punishment of crimes is at least as necessary to society as maintaining the boundaries of property."

Bishop Burnet gives several instances of Hale's integrity and courage in this office, in deciding against the party in power. We can only mention one: a cause came on, in which Cromwell was interested and had caused a packed jury to be returned. Judge Hale upon learning it dismissed the jury, and refus. ed to try the case, greatly to the displeasure of the protector, who in his anger told him " he was not fit to be a judge." "That is very true," was Hale's quiet reply.

On the death of Cromwell he rejected the mourn.

ing that was sent to him; and subsequently refused the renewal of his commission as a judge by Richard Cromwell, saying, "that he could no longer act under such authority."

Hale was a member of the healing parliament of 1660, which recalled Charles II; and was elected one of the Knights of Gloucestershire.

Upon the settling of the courts in Westminster, af. ter the king's return, Hale was appointed (Nov. 1660) chief baron of the exchequer; and shortly after was knighted, an honor he endeavored to avoid. He continued in this office eleven years, and very much raised the reputation and practice of that court by his diligence and ability. His great caution and exactness led to the only complaint ever made: "that he did not despatch matters quite fast enough;" but then it was to be observed that the causes tried by him were seldom, if ever, tried again.

He would never receive private addresses or recommendations from the greatest persons in any matter where justice was concerned. His moral courage and scrupulous integrity are illustrated by numerous anecdotes. Among others is the following given by bishop Burnet:

"One of the first peers of England went once to his chamber and told him, that having a suit at law to be tried before him, he was then to acquaint him with it, that he might the better understand it, when it should come to be tried in court.' Upon which the lord chief baron interrupted him, and said: 'he

did not deal fairly to come to his chamber about such affairs, for he never received any information of causes but in open court where both parties were to be heard alike;' so he would not suffer him to go on. Whereupon his grace (for he was a duke) went away not a little dissatisfied, and complained of it to the king as a rudeness that was not to be endured. But his majesty bid him content himself that he was no worse used,' and said, he verily believed he would have used himself no better if he had gone to solicit him in any of his own causes.""

During this period of his life, Judge IIale, following his rule of favoring those that were lowest, was very charitable to the non-conformists, and endeavor. ed as much as possible to screen them from the extreme severity of the laws; thinking that the terms of conformity had been made too strict, and that the good services of many of the non-conformists in the restoration were hardly requited, and their just expectations disappointed.

In 1671, he was appointed lord chief justice of England, and filled that eminent station with his usual dignity, uprightness, and ability. About four years and a half after his promotion, he was attacked by an illness which broke up his constitution, brought on an asthma and finally a dropsy. In January, 1675-6, he petitioned for a writ of ease, which being delayed, he resigned his office in February. His death took place on the 25th of December following; and he was buried among his ancestors in the church.

yard of Alderley. He was twice married, and had by his first wife ten children, of whom none survived him but his eldest daughter and youngest son. His great grandson, Matthew Hale, Esq. barrister at law, died in 1784, and by this event the male line of the family became extinct.

Bishop Burnet in his beautiful life of Hale, after describing his character at considerable length thus concludes:

"Thus lived and died Sir Matthew Hale, the renowned Lord Chief Justice of England: he had one of the blessings of virtue in the highest measure of any of the age, that does not always follow it, which was, that he was universally much valued and admired by men of all sides and persuasions: for as none could hate him but for his justice and virtues, so the great estimation he was generally in, made that few durst undertake to defend so ungrateful a paradox, as any thing said to lessen him would have appeared to be. His name is scarce ever mentioned since his death without particular accents of singular respect. His opinion in points of law, generally passes as an un. controlable authority, and is often pleaded in all the courts of justice and all that knew him well, do still speak of him as one of the perfectest patterns of reli. gion and virtue they ever saw.

The commendations given him by all sorts of people are such, that I can hardly come under the cen. sures of this age for any thing I have said concern. ing him; yet if this book lives to after-times, it will

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