MATTHEW HALE was born at Alderley, Gloucestershire, England, November 1, 1609. He was the only child of Robert Hale, Esq. by Joan, daughter of Matthew Poyntz, Esq. His grandfather, Robert Hale, was a clothier, eminent in his line, affluent, and rich in good works. His father was trained to the bar, and became a member of Lincoln's Inn; but early in life was embarrassed by scruples respecting the phraseology used in pleadings. These scruples seem, however, to have been removed, as he gave directions in his will, that his son should follow the law. He had a disposition eminently benevolent, liberally dispensing his alms, not only in his lifetime, but at his decease charging his small estate with a perpetual annuity in favor of the poor at Wotton.

Before young Hale attained his fifth year, both his parents were removed by death. He was then committed to the care of one of his near kinsmen, Anthony Kingscot, of Kingscot. This gentleman, being a puritan, and intending his young charge for a divine, bestowed upon his education correspondent care. While at school, young Hale had the reputation of being an extraordinary proficient in learning. Before he was seventeen he was removed to Magdalen Hall, Oxford. His college tutor was the Rev. Obadiah Sedgwick, a man of distinguished excellence. While at Oxford, Hale became so enamored of stage-entertainments, as almost wholly to forsake his studies; the gravity of his deportment, for which he had been remarkable, was abandoned; a fondness for dress succeeded; and he delighted much in company. It is said, however, that though addicted to many youthful vanities, he preserved great purity and probity of mind. The attractions of gymnastic exercises became so dominant, as to threaten an entire disregard of the charms of literature.

A resolution which he formed about this time of entering the army of the prince of Orange, in the Low Countries, was unexpectedly but very happily frustrated. Circumstances connected with a lawsuit, which involved part of his estate, led him to London, and brought him into the society of his counsel, Mr. Glanville. That eminent man, struck with his client's clearness of intellect, solid judgment, and other indications favorable to legal studies, recommended them to his attention. At first the subject was irksome, for Mr. Hale felt an aversion to lawyers, and regarded them as a barbarous race, unfit for any thing beyond their own profession. Nevertheless, the prudence and candor of the adviser ultimately prevailed.

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Before this period, however, the good effects of Hale's early discipline had begun once more to appear. He had resolved, when quitting college for the metropolis, never to enter a theatre-a resolution which he faithfully kept.

On the 8th of November, 1629, Mr. Hale was admitted a student of Lincoln's Inn; and under the deepest impression of time already lost, he at once brought to bear upon his books the whole energy of his powerful mind. So intense was his ardor, that difficulties only stimulated him to exertion; for a while he studied at the rate of sixteen hours a day; and not only threw aside his gay attire, but sunk, unhappily, into the opposite extreme. So unlike a gentleman did he become in his personal appearance, as actually, on one occasion, to be impressed for the king's service. His retreat from vain company was more gradual; not in fact till he was driven to it. Having joined some young men in a convivial party out of town, one of their number, notwithstanding all Mr. Hale's efforts to prevent it, indulged in wine to such a degree, as to become insensible; and, at length, apparently dead. Mr. Hale retired to another room; and having shut the door, prayed to Him "who seeth in secret," that his friend might be restored, and that the countenance given by himself to such excess might be pardoned. He resolved also against indulgence in such companionship in future, and that he would not even drink a health. friend recovered, and the resolution was performed, occasionally to the inconvenience and reproach of its framer; for afterwards, when drinking the king's health was deemed a distinguishing mark of loyalty, Mr. Hale was sometimes uncivilly treated because of his refusal to observe the ceremony.

His

That change being now wrought which made virtuous attainments thenceforth the main objects of his desire and pursuit, he was well able to endure both the opposition and the scorn of men; his late associates were forsaken without regret; and he industriously divided his time between the duties of piety, professional occupations and general science. So uniform was he in the former, as during six-and-thirty years not to have failed once in going to church on the Sabbath; he made the observation when his attendance was first interrupted by an ague; and he reflected on the circumstance with grateful acknowledgments for God's great goodness. It is uncertain what time he composed that interesting summary of "Rules," which, though intended merely for private use, has been scarcely less admired than Jeremy Taylor's Holy Living. They are as follows:

"Morning. 1. To lift up the heart to God, in thankfulness, for renewing my life. 2. To renew my covenant with God in Christ-by renewed acts of faith, receiving Christ, and rejoicing in the height of that relation. Resolution of being one of his people, doing him allegiance. 3. Adoration and prayer. 4. Setting a watch over my own infirmities and passions, over the snares laid in our way. Perimus licitis.

"Day Employment. There must be an employment. Two kinds : first, our ordinary calling, to serve God in it. It is a service to Christ, though never so mean, Col. i. 3. Here, faithfulness, diligence, cheerfulness. Not to overlay myself with more business than I can bear. 2. Our spiritual employments. Mingle somewhat of God's immediate service in this day.

Refreshments. 1. Meat and drink, moderation, seasoned somewhat of God. 2. Recreation, first, not our business; second, suitable. No games, if given to covetousness or passion.

"If alone. 1. Beware of wandering, vain, lustful thoughts; fly from

thyself, rather than entertain these. 2. Let thy solitary thoughts be profitable; view the evidences of thy salvation, the state of thy soul, the coming of Christ, thy own mortality; it will make thee humble and watchful.

"Company. Do good to them. Use God's name reverently. Beware of leaving an ill impression of ill example. Receive good from them, if more knowing.

"Evening. Cast up the accounts of the day. If aught amiss, beg pardon. Gather resolution of more vigilance. If well, bless the mercy grace of God that hath supported thee."

and

Young Hale's habits soon attracted the notice of Noy, the attorneygeneral, of Selden, of Vaughan, afterwards chief-justice of the common pleas, and of the learned Usher. Under the patronage of these renowned individuals, he prosecuted his studies with increased enthusiasm and diligence. He took nothing upon trust, was unwearied in searching records, made collections out of the books he read, and, mingling them with his own observations, digested them into a common-place book. Having surmounted the difficulties of his profession, he at once extended his inquiries. So great was his mental vigor, that he regarded philosophical and mathematical pursuits as diversions, in which, when weary with studying law or theology, he found recreation.

Mr. Hale was called to the bar not long prior to the commencement of those unhappy feuds, from which there was no refuge, and which issued in results most disastrous and affecting. Having observed in the Life of Pomponius Atticus, how a season of uncommon distraction was spent by him, not merely free from danger, but without the least blemish to his character, nay, with universal esteem, Mr. Hale selected him as his pattern. Hale was one of the counsel assigned to the Earl of Strafford on his arraignment in 1640. In 1644, on the arraignment of Laud, Hale was also one of his counsel. Conspicuous as his exertions were, when thus engaged in opposition to parliament, he seems to have gained the fullest. confidence of its members, and on various occasions, his services were sought by them. We find him also retained for the Oxonians against the parliament on the questions started with reference to the celebrated visitation of the university. Afterwards, he appears as counsel for the eleven members of parliament, who, in 1647, had become obnoxious to Cromwell. He seems also to have been employed on behalf of Charles I., when that infatuated monarch, in 1648, was brought to trial. Mr. Runnington thinks that Hale furnished the objections which Charles so pointedly applied. When the commonwealth was declared to be the form of government, the oaths of allegiance and supremacy were abolished, and a new oath appointed, called the Engagement, obliging those who complied to be true and faithful to the commonwealth of England, without a king, or house of lords. Such as refused the oath were declared incapable of holding any place, or office of trust. "Without the engagement," says Baxter, who was its invincible opponent, no man could have the benefit of suing another at law;" a regulation, he drily notices, adapted to keep men a little from contention, and to mar the lawyer's trade.

Hale, at this early period of his history, had made progress in those "Pleas of the Crown," on which his fame as a lawyer, materially rests, but on account of the times, he laid them aside, with the remark, that there would be no more use for them till the king should be restored to his right. When the duke of Hamilton, the earl of Holland and lords Capel and Craven were brought to trial as enemies of the commonwealth, Mr. Hale appeared for each of them as counsel. Such was his power of argumenta

tion, in one case, that the attorney-general threatened him for appearing against the government. Hale replied that he was pleading in defence of those laws which they declared they would maintain; that he was doing his duty to his client, and that he was not to be daunted with threatenings. In January, 1651, Hale was appointed by the parliament one of the committee for considering the reformation of the law, which circumstance shows that he had previously taken the engagement. Burnet, and all the more moderate writers, seem to have regarded Hale's compliance as no reflection upon his character or principles, but an expression of a purpose to live inoffensively under the present administration, as is ordinarily required by all governments. In 1651, Mr. Hale ably, though unsuccessfully, defended the young and unfortunate Christopher Love. On all occasions, he discharged his professional duties with distinguished learning, fidelity and courage. Nor was he satisfied with mere professional exertions; he often relieved the necessities of those for whom he was retained, and, considering the danger of the time, in a manner no less prudent than charitable.

Mr. Hale was created a sergeant at law, January 25, 1653. It was not a matter of surprise that he attracted the notice of Cromwell, who "sought out men for places, and not places for men." Cromwell's installation took place December 16, 1653. Only one new judge was made, and that was Hale. Being reluctant to accept the proffered dignity, and being pressed by Cromwell for the reason, he at last stated, that he was not satisfied with the lawfulness of his authority. Cromwell replied, that since he had possession of the government, he was resolved to keep it, and would not be argued out of it; that, nevertheless, it was his desire to rule according to the law of the land, for which purpose he had selected him; and that if not permitted to govern by red gowns, he would do it by red coats. It is probable, that Hale's reluctancy was partly owing to his unwillingness to exchange his thriving and lucrative practice for the toil and uncertainty of the judgment-seat. His scruples were, however, overcome, partly by the influence of Sir Orlando Bridgman, Sir Geoffrey Palmer, and Drs. Henchman and Sheldon. Hale is known to have felt a strong reluctance to being engaged in the trial of common felonies; in a measure he overcame the difficulty; but with offences against the state he never would meddle, believing, that in some instances, the acts themselves might be warrantable, and that the putting of men to death on account of them would be murder. In a case where the protector being interested, had ordered a jury returned, Hale took occasion to show the illegality of the procedure, proving from the statute book, that all juries were to be returned by the sheriff or his lawful officer; he likewise dismissed the jury without trying the cause. Cromwell angrily told him he was not fit to be a judge. Hale answered that it was very true.

In 1654, Mr. Hale was chosen a member of parliament for Gloucestershire. The honor was entirely unsought, and the most pressing importunity was necessary to obtain his acceptance of it. There were now two parties in the house in vigorous hostility, the one contending for the wild schemes of the fifth monarchy men; the other for personal aggrandizement. Between both Mr. Hale steered a middle course, aiming, as much as possible, to make parliamentary movements the hindrance of mischief, when the doing of much practical good seemed hopeless. In the midst of these anxieties, Mr. Hale was called to mourn the death of his illustrious friend, Selden, whom Grotius styled "the glory of England." Hale often stated to Baxter, that Selden was a ' resolved, serious Christian."

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