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(Sir Matthew Hale (1609-76) was the best-known judge of th...)
Sir Matthew Hale (1609-76) was the best-known judge of the Commonwealth under Oliver Cromwell, but he nonetheless rose to be Lord Chief Justice under King Charles II. His constitutional ideas are of interest both to lawyers and to historians of political thought; but he also wrote extensively on scientific and religious questions, in ways that illustrate the birth of early Enlightenment attitudes to both. This book surveys all aspects of Hale's work, and supplies fresh perspectives on revolutionary developments in science and religion, as well as politics.
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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( This work has been selected by scholars as being cultur...)
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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He was born on the 1st of November 1609 at Alderley in Gloucestershire, where his father, a retired barrister, had a small estate.
His paternal grandfather was a rich clothier of Wotton-under-Edge; on his mother's side he was connected with the noble family of the Poyntzes of Acton.
At Oxford, Hale studied for several terms with a view to holy orders, but suddenly there came a change.
The diligent student, at first attracted by a company of strolling players, threw aside his studies, and plunged carelessly into gay society.
The rules which he laid down for himself, and which are still extant in his handwriting, prescribe sixteen hours a day of close application, and prove, not only the great mental power, but also the extraordinary physical strength he must have possessed, and for which indeed, during his residence at the university, he had been remarkable.
His leading counsel was the celebrated Serjeant Glanville (1586 - 1661), who, perceiving in the acuteness and sagacity of his youthful client a peculiar fitness for the legal profession, succeeded, with much difficulty, in inducing him to renounce his military for a legal career, and on the 8th of November 1629 Hale became a member of the honourable society of Lincoln's Inn.
Hale was called to the bar in 1637, and almost at once found himself in full practice.
But amidst the confusion Hale steered a middle course, rising in reputation, and an object of solicitation from both parties.
Taking Pomponius Atticus as his political model, he was persuaded that a man, a lawyer and a judge could best serve his country and benefit his countrymen by holding aloof from partisanship and its violent prejudices, which are so apt to distort and confuse the judgment.
But he is best vindicated from the charges of selfishness and cowardice by the thoughts and meditations contained in his private diaries and papers, where the purity and honour of his motives are clearly seen.
It is also said that he was ready to plead on the side of Charles I had that monarch submitted to the court.
Two years afterwards he sat in Cromwell's parliament as one of the members for Gloucestershire.
After the death of the protector, however, he declined to act as a judge under Richard Cromwell, although he represented Oxford in Richard's parliament.
After holding the office of chief baron for eleven years he was raised to the higher dignity of lord chief justice, which he held till February 1676, when his failing health compelled him to resign.
He retired to his native Alderley, where he died on the 25th of December of the same year.
Others are The Primitive Origination of Man (1677); Of the Nature of True Religion, &c. (1684); A Brief Abstract of the Christian Religion (1688).
He also wrote an Essay touching the Gravitation or Nongravitation of Fluid Bodies (1673); Difficiles Nugae, or Observations touching the Torricellian Experiment, &c. (*675); and a translation of the Life of Pomponius Atticus, by Cornelius Nepos (1677).
His efforts in poetry were inauspicious.
He left his valuable collection of MSS.
His life has been written by G. Burnet (1682); by J. B. Williams (1835); by H. Rosroe, in his Lives of Eminent Lawyers, in 1838; by Lord Campbell, in his Lives of the Chief Justices, in 1849; and by E. Foss in his Lives of the Judges (1848- 1870).
(Sir Matthew Hale (1609-76) was the best-known judge of th...)
( This work has been selected by scholars as being cultur...)
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He immediately resumed his habits of intense application.
The parliament having gained the ascendancy, Hale signed the Solemn League and Covenant, and was a member of the famous assembly of divines at Westminster in 1644; but although he would undoubtedly have preferred a Presbyterian form of church government, he had no serious objection to the system of modified Episcopacy, proposed by Usher.
In 1642 Hale married Anne Moore, the daughter of Sir Henry Moore, a Royalist soldier, and the granddaughter of Sir Francis Moore, a Serjeant-at-Law under James I.
Moore and Hale had 10 children, but she was evidently a highly extravagant woman, with Hale warning his children that "an idle or expensive wife is most times an ill bargain, though she bring a great portion".
Moore died in 1658, and in 1667 Hale married Anne Bishop, his housekeeper. Descriptions of Bishop differ; Roger North wrote that "[Hale] was unfortunate in his family; for he married his own servant made, and then, for an excuse, said there was no wisdom below the girdle".
Richard Baxter, on the other hand, described Anne as "one of [Hale's] own judgment and temper, prudent and loving, and fit to please him; and that would not draw on him the trouble of much acquaintance and relations".
Hale himself described her as a "most dutiful, faithful, and loving wife" who was appointed an executrix on his death.
