WILLIAMS'S MEMOIRS OF SIR MATTHEW HALE.

A GOOD life of Sir MArrnew HALE is a desideratum, on many accounts. The times he lived in were stirring, striking, and full of contrast, whether as relates to social peculiarities or public events. His legal contemporaries were men of mark and likeli- hood, and engaged in affairs which were adapted to bring out the qualities of lawyers, whether of good or evil. Sir MATTHEW him- self was a remarkable man, and, be it said with all reverence, a sin- gular character. His industry was unwearied; his knowledge of law profound; his learning considerable, though lying too much amongst scholastic quibbles; his piety great and unaffected ; his religion, although it made him credulous, never rendered him un- charitable; whilst his moderation with regard to wealth and ho- nours was most extraordinary, even if something be allowed to his great anxiety of standing well with all parties, in imitation of his model POMPONIUS Amens. The praise that belongs to him as a man and a lawyer can scarcely be extended to him as a politician. Loyal by principle he undoubtedly was; but his loyalty was of that yielding kind, which neither got him into difficulties nor stopped his promotion, even during the troubled times of the Great Reoellion.

The Memoirs before us scarcely supply the desideratum al- luded to, though they are certainly the amplest and perhaps the best life of HALE extant. The leading facts of Sir Marrtiew's public career are clearly told ; and we have some indications of his modes of study, of the manner in which his character was formed, and of the way in which business was conducted in his age. The account of his youth is jejune enough; but the absence of ma- terials might render it difficult to compose a fuller. His sojourn at the University—his love of the players and of" vain company "— the lucky lawsuit which took him to town, and to GLANVILLE, who, struck with his clearheadedness persuaded him to give up all idea of arms, about which he was thinking, and turn to the law —are done in a more interesting way. Having entered himself as a student, and in due time been called to the bar, his reputation soon rose high; one cause of which is doubtless to be attributed to his hard study, another to his patronage by some of the leading men at the bar; but either legal practice wag more readily ac coiled then than now, or some facts relative to his luck or his con- nexion are unknown. So high, however, bad he risen, that when only five.and-thirty he was appointed one of LAUD'S counsel. Ac- cording to BURNET (an indifferent authority), he was employed on behalf of CHARLES the First ; and though he subscribed all that required subscription, he defended different persons prosecuted by the Commonwealth till the accession of CROMWELL, who appointed him a Judge.

" He was reluctant to accept the proffered dignity. Being pressed by Crom- well for the reason, he at last stated that he was not satisfied with the lawful- ness of his authority. Cromwell replied, that since he had possession of the Government, he was resolved to keep it, and would not he argued out of it ; that, nevertheless, it was his desire to rule according to the laws 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."

In the judicial office lie acted with great resolution and inde- pendence; but, on the death of the Protector, he appears to have snuffed the approaching change,—or, as Dr. WILLiams ex- presses it,

" Under the influence of growing experience, Hale again changed his course. He refused the mourning sent to bins and his servants for the funeral, and the new commission, Leo. which Richard offered him. Ile was urged by the rest of the Judges, as well as others, to alter his purpose; but every importunity was resisted, and he declared that he could no longer act under such authoi ity."

The future Chief Justice sat in the Convention Parliament which restored CHARLES the Second; by whom, on the advice of' CLARENDON, be was appointed one of the Commissioners for the trial of the Regicides, and shortly after made Chief Baron of the Exchequer. These promotions he was unwilling ti accept, for causes which he assigne3 at sonic length in a manuscript of " Reasons." The whole are too numerous to quote: the first, however, is not only curious for the light it throws upon his per- sonal condition, but valuable flir some general truths it contains. The hints as to the necessities of a judge, and lifting up the ideas of children, might have a pretty extensive application.

Because the smallness of my estate, the greatness of my charge, and some debts, make me unable to bear it with that decency which becomes it, unless I should luin myself and family. My estate, not above 500/. per annum, six children unprovided for, and a debt of 1000/. lying upon ine. And besides this, of all things it is most unseemly for a judge to be necessitous. Private condi- tion makes that easier to be borne and less to be observed which a public em- ployment makes poor and ridiculous. And besides this, it will necessarily lift up the minds of my children above their fortunes, which will be my grief and their ruin."

HALE occupied the seat of Chief Baron for eleven years. It was during this period that the celebrated trial, condenmation, and exe- cution of the two old women for witchcraft occurred ; which, if it has not stained his memory with something like cruelty, is instanced at least as amemorable case of human credulity, and as a proof of what slight regard should be paid to mere authority in all matters of su- perstition. Within the same period, too, he male that acquaintance with BAXTER, the well-known divine, which has contributed to throw much light upon the Judge's learning, religion, and man- ners, by their exhibition in the writings of the Nonconformist. In 1671, the death of Sir JOHN KEYLING rendered the Chief Justice- ship of the King's Bench vacant: and Sir MATTHEW was appointed to the office. But the labours of his previous life soon began to tell upon him—though when appointed he was only in his sixty- second year; and in 1673 he solicited the King's permission to re- tire. CHARLES, however, was unwilling to grant the request, and deferred it from time to time, till, on the 20th FebiJary 1675-6, Sir MATTHEW in person surrendered his office to the King, and retired to his native village of Alderley, in Gloucestershire; where he died, on Christmas-day 1676-7. Such is a skeleton of the legal and political career of Sir MATTHEW HALE; and the volume before us is chiefly confined to these two subjects, with some occasional accounts of his labours as an author, and an elaborate exhibition of his devotion and piety. Of his private life we now and then catch glimpses; but so little direct attention does Dr. WILLIAMS pay to those connexions and minute events which make the happiness of life and the charm of biography, that he does not even tell of his hero's two marriages till after his death. The work, in short, is a favourable, but not a partial commentary on the public life of HALE, rather than the life itself. To the praise of industry, however, the author is en- titled. Not only has he read all that has been published on the subject, but be has inspected such manuscripts at the Museum and the Library of Lincoln's Inn* as could yield any information. He also procured access to the private papers and relics of the Judge in possession of Mr. HALE of Cottles.

As the work is not adapted for continuous extracts, we take some anecdotes as specimens of its lighter parts.

ANECDOTES OF HALE.

A nobleman called to explain a suit in which be was interested, and which was shortly to be tried, in order, as was alleged, to its being better understood when actually heard in court. The Chief Baron interrupted him, saying that 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. Nor would he suffer the noble duke to proceed. His grace retired dissatisfied, and complained of it to the King, as a rudeness not to be endured. But his Majesty bid him content himself that he was no worse used ; adding, that he verily believed he would have treated himself no better had be gone to solicit him in any of his own causes. While on the circuit, a gentlenian who had a trial presented him with a bucks So soonas the trial commenced, Sir Matthew, remembering the name, asked whether " he was the same person who sent him the venison?" Finding that to be the case, he told him, " he could not suffer the trial to go on until he had paid him for it." The gentleman remarked, " that he never sold his venison ; and that he had done nothing to hint which he did not do to every judge that • HALE bequeathed his MSS. to this body.

bad gone the circuit;" and his statement was immediately confirmed. But the Chief Baton remained firm, and the record was withdrawn.

On an occasion when the Dean and Chapter of Salisbury had a cause to try before him, be directed his servants to pay fur the six sugar-loaves which, ac- cording to custom, were presented to him on the circuit by that body. • • * Counterfeit coin once paid, he never suffered to be circulated. He thought the imposition practised upon himself afforded no pretext for a repetition of the evil. In time, a considerable heap of that sort of money had accumulated; and it is probable he intended to have destroyed it. Some thieves, however, saved him the trouble, by breaking into and stealing it from hie chamber ; a circum- stance which he sometimes amused himself by narrating, and by imagining

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their feelings when the nature of the prize mas aseettaiued. • His behaviour in the church was conformable, hut prudent. He c t s'antly heard a curate too low for such an auditor. In common prayer he behaved himself as others, saving that to avoid the differencing of the (Impels ham the Epistles, and the bowing at the name of Jesus, from the names Christ, Saviour, God, ate. he would use some equality in his gestures, and stand up at the reading of all God's Word alike.

BAXTER TO HALE TOUCHING PRELACY.

"1 must say, that be was of opinion that the wealth and honour of the Bishops was convenient, to enable them the better to relieve the poor, and rescue the inferior clergy from oppression, and to keep up the honour of religion in the world. But all this on supposition that it would be in the hands Of wise and good men, or else it would dolls omit harm. But when I asked him, whether great wealth and honour would not be most earnestly desired and sought by the worst of men, while good men would not seek them ? and whether be that was the only fervent seeker was nut likeliest to obtain, except under some rare, ex- traordinary prince? and so, whether it was not like to entail the office on the worst, and to arm Christ's enemies against him to the end of the world, which a provision that had neither alluring nor much discouraging temptation might prevent? he gave me no answer. I have heard some say, if the Pope were a good man, what a deal of good might he du : but have Popes, therefore, blessed the world ?"

• HIGH CHURCH DOINGS IN HIGH CHURCH DAYS.

" When I went," says Baxter, " out of the house hi which he (Hale) suc- ceeded me, I went into a greater, over against the church-door. The town having great need of help for their souls, I preached between the public sermons in toy house, taking the people with me to the church (to LSMIRIOD prayer and sermon) morning and evening. The Judge told me that he thoeght ivy course did the Church much service, and would carry it so respectfully to me at my door, that all the people might perceive his approbation. But Dr. fleeces could not bear it, but complained against me; and the Bishop of London caused one Mr. Bosse of Brainford, and .Ir. Philips, two Justices of the Peace, to send their warrants to apprehend me. I told the Judge of the warrant, but asked hitn no ceunsel, nor he gave me none ; but with tears showed his son ow (the only time that ever I saw him weep). ;So I was sent to the common gaol for six months by these two Justices, by the procurement of the said Dr. Reeves, his Majesty's Chaplain, Dean of Windsor, Dean of Wolverhampton, parson of Horseley, parson of Acton."

Dr. WILLIAMS has given a complete list of the Judge's numerous productions, and affixed to the volume a very capital portrait from a family picture. Besides a variety of notes in an appendix, there

is also a copy of Sir MATTHEW'S ; from which we conjecture that the learned Judge was no emulator of the noble Roman in point of brevity. Probably, though, its enormous length may arise from the multiplicity of his directions ; the passages we have looked at do not seem overloaded with very needless words. Yet vain are the hopes of man : all the precautions respecting " tayle mayle " were useless—the direct line of the Judge became extinct in about a century.