There is a passage in the _Life of Sir Matthew Hale_ which has
struck us as not only interesting in itself, from the breadth and
rectitude of judgment which it discloses, but also from the very
direct bearing of the principle involved in it on some of the recent
interdicts of the Supreme Civil Court. It serves to throw a kind of
historic light, if we may so speak, on the judicial talent of our
country in the present age as exhibited by the majority of our judges
of the Court of Session--such a light as the ecclesiastical
historian of a century hence will be disposed to survey it in, when
coolly exercising his judgment on the present eventful struggle.
One of not the least prominent nor least remarkable features of the
Rebellion of 1745, says a shrewd chronicler of this curious portion of
our history, was an utter destitution of military talent among the
general officers of the British army. And the time is in all
probability not very distant, in which the extreme lack of judicial
genius betrayed by our courts of law in their present collision
with the courts ecclesiastical, shall be regarded, in like manner,
as one of the more striking characteristics of the _Rebellion_ of
the present day.
Sir Matthew Hale, as most of our readers must be aware, was a devoted
Royalist. He was rising in eminence as a barrister at the time the
Civil Wars broke out, and during that troublesome period he was
employed as counsel for almost all the more eminent men of the King's
party who were impeached by the Parliament. He was counsel for the
Earl of Strafford, for Archbishop Laud, for the Duke of Hamilton, for
the Earl of Holland, and for Lords Capel and Craven; and in every
instance he exhibited courage the most unshrinking and devoted, and
abilities of the highest order. When threatened in open court on one
occasion by the Attorney-General, he replied that the threat might be
spared: he was pleading in defence of those laws which the Government
had declared it would maintain and preserve, and no fear of personal
consequences should deter him in such circumstances from doing his
duty to his client. When Charles himself was brought to his trial, Sir
Matthew came voluntarily forward, and offered to plead for him also;
but as the King declined recognising the competency of his judges, the
offer was of course rejected. We all know how Malesherbes fared for
acting a similar part in France. The counsel of Louis XVI. closed his
honourable career on the scaffold not long after his unfortunate
master: his generous advocacy of the devoted monarch cost him his
life. But Cromwell, that 'least flagitious of all usurpers,' according
to even Clarendon's estimate, was no Robespierre; and were we called
on to illustrate by a single instance from the history of each the
very opposite characters of the Puritan Republicans of England and the
Atheistical Republican of France, we would just set off against one
another the fate of Malesherbes and the treatment of Sir Matthew.