HALE, SIR MATTHEW, was born on the let of November 1609, at Alderley, in the county of Gloucester. His father had been educated for the bar, but he abandoned the practice of the law because ho could not understand the reason of giving colour in plead ing, which as he thought was to tell a lio. Both his parents having died while be was yet an infant, Matthew Halo was educated, under the directions of a near relation on his mother's side, by a clergyman professing Puritanical principles At the ago of seventeen he was removed to Magdalen Hall, Oxford, where he speedily got rid of his Puritanical notion., and plunged into dissipation with a looseness pro portioned to his former austerity. At this period ho was upon the point of becoming a soldier in the army of the Prince of Orange, then engaged in the Low Countries. Accidental circumstances however introduced him to the notice of Serjeant Glanvil, who, perceiving the valuable qualities which the young man possessed, persuaded him to apply himself to the study of the law. Acting under this advice, he was admitted a student of Lincoln's Inn on the 8th of November 1629, and immediately commenced a course of arduous study. One of his companions in a debauch having been taken suddenly and dangerously ill, lisle was so struck with remorse that he gave up his intemperate habits. After having studied witli great diligence the laws of England and the civil law, and also several other branches of learning, ho was called to the bar some time previous to the commencement of the civil war. lie resolved not to take any part in the political dissensions and contests which then agitated the country, and he steadily kept his resolution. This part of his conduct is mentioned by some of his biographers with commendation, whereas in reality it arose from a weakness in his character which showed itself on several subsequent oceseions. Indeed he seems to have been aware at a later period of his life that it is nut the part of a good citizen during times of political agitation, when the liberties of his country are at stake, to prefer his own individual ease and quiet to the general good. his neutrality was highly favourable to his interest as an advocate; he was engaged as counsel for the court party in a number of the most important state trials, and was notwithstanding held in such esteem by the parlia mentary party that ho was constituted counsel to the commissioners deputed by parliameut to treat with the royal commissioners as to the reduction of Oxford.
After the execution of Charles Hale took the engagement to be true and faithful to the commonwealth, and accepted the appointment of one of the commissioners for reforming the law. in 1653, after having shown some hesitation as to accepting the dignity, he was made one of the judges of the Common Bench ; resolving, after discussing his doubts with lawyers and divines, "that as it was &bee lutely necessary to have justice and property kept up at all times, it was no sin to accept a commission from usurpers." To this his biographer Burnet goes on to add, " If he made no declaration acknowledging their authority, which he never did." This addition has given rise to much of the odium which has attached to Hale's memory in consequence of this apparent insincerity; but credit can hardly be given to the statement, for it is impossible to suppose that Hale, who was unquestionably an honest and sincere man, though weak in matters of conscience, could have been guilty of tho pitiful and shallow attempt to evade the evident conclusion, that acting as a judge under his commission was the most effectual and formal declaration he could make of his submission to Cromwell's authority. Some colour however is given to Burnet's imputation by Hale's subsequent conduce After having discharged the duties of his office with couaumulate skill and strict impartiality, ho suddenly, and without any apparent cause, affected to feel scruples of conscience at acting as judge in criminal cases, and refused to preside in the crown courts, though he still continued to administer the law in civil cases. This conduct was directly contrary to his reason for accepting the office of judge, and appears to be founded on no just view. On the death of Cromwell, Halo refused to act under a commission from the protector Richard, alleging that he could no longer sit under such authority. Ile was a member of the parliament which recalled Charles II., and was made chief baron of the exchequer in 1660, and knighted. Iu 1671 he was raised to the chietjusticeship of the King's Bench, where he presided with honour to himself and advantage to the public till 1075, when from the state of his health he resigned his office. lie suffered considerably from repeated attacks of asthma, and died from dropsy on Christmas-day 1076.