Matthew Hale (jurist) - Knowledge (XXG)

1293: 1285:, noted in his preface that "of all the earlier schemes for digesting the Laws of England the most natural and scientific, as well as the most comprehensive, appeared to be that of Sir Matthew Hale in his posthumous Analysis of the Law". Hale proposed the creation of county courts, and also drew a strong distinction between written laws, such as statutes, and customary, unwritten laws. He also argued that the common law was subject to Parliament, far before the confirmation of Parliamentary supremacy, and that the law should protect the rights and civil liberties of the King's subjects. He also argued for the confirmation of trial by jury, which he described as "the best mode of trial in the world", while the 13th chapter divided the law into the laws of persons and of property, and dealt with the rights, wrongs and remedies recognised by the law at the time. 1073:

Chief Justice Hale's managing matters of law to all imaginable advantage to the students, and in that he took a pleasure or rather pride; he encouraged arguing when it was to the purpose, and used to debate with counsel, so that the court might have been taken for an academy of sciences as well as the seat of justice". He was noted for allowing counsel to fix any problems with pleadings, and for letting them correct him if he made an error in his summing up. He disliked eloquence, writing that "If the judge or jury has a right understanding it signifies nothing but a waste of time and loss of words, and if they are weak, and easily wrought upon, it is a more decent way of corrupting them by bribing their fancies and biassing their affections." As a judge, however, he was noted by Lord Nottingham as the greatest orator on the bench.

1539:, Hale agreed with Coke that the judge's task was to bring the reason of the common law (the coherence of the legal system) in line with the reason of the law in question (to justify that law). He disagreed with Hobbes that a layman could understand the law, saying that "he that hath been educated in the study of the law hath a great advantage over those that have been otherwise exercised". The distinction between Coke and Hale is that Hale agreed with Selden that law was created through agreement, and disagreed that reason had an inherent binding power. Hale agreed with Hobbes that the interpretation of the law could not be left to individual reason, and that the law is not an exact science; the best that can be produced is a set of laws which give a reasonable outcome in the majority of cases. 1037:

the man's name and verifying that he had indeed sent Hale some venison, Hale refused to let the case proceed until he had paid the man for the food. When Sir John Croke, suspected in engaging in a conspiracy, sent him some sugar loaves to excuse his absence from a case, Hale remarked that "I cannot think that Sir John believes that the King's Justices come into the country to take bribes. Some other person, having a design to put a trick upon him, sent them in his name". Hale returned the loaves, and refused to continue until Croke appeared before him. Hale was noted during this period for giving latitude to those accused of religious impropriety, and through doing so "secured the confidence and affection of all classes of his countrymen". His knowledge of

1551: 1223:. Campbell considered Hale to be the superior lawyer, because while he failed to engage in public life he treated law as a science, and maintained judicial independence and neutrality. In 2002, Hostettler said, while considering Hale a better lawyer than Coke and more influential, that Coke was better overall. While Hale was in possession of judicial impartiality, and his written works are considered highly important, his lack of venture into public affairs limited his progressive influence. Coke's active intervention allowed him to "breath new life into medieval law and use it to oppose conciliar justice", encouraging judges to be more independent and "unfettered except by the common law whose supremacy it was their duty to uphold". 1003: 1216:, the Court of Appeal relied on his statement that "drunkenness is not a defence" to uphold a conviction. William Holdsworth argued in 1923 that it was his learning in Roman law and jurisprudence which allowed him to work so effectively; because he had seen other legal systems at work, he "could both criticise the defects of English law and state its rules in a more orderly form than they had ever been stated before". Hale's political neutrality and personal integrity has been attributed by Berman in 1994 to his Puritanism, and his support of the common law; "Regimes come and go, the common law abides...For Hale...legal continuity was vital for civic identity". 666:, another Puritan, and excelled in both his studies and fencing. Hale also regularly attended church, private prayer-meetings, and was described as "simple in his attire, and rather aesthetic". After a company of actors came to Oxford, Hale attended so many plays and other social activities that his studies began to suffer, and he began to turn away from Puritanism. In light of this, he abandoned his desire to become a priest and instead decided to become a soldier. His relatives were unable to persuade him to become a priest, or even a lawyer, with Hale describing lawyers as "a barbarous set of people unfit for anything but their own trade". 1497:

the method and logic used by judges in upholding and striking down laws. Coke's theory meant that certainty of the law and "intellectual beauty" was the way to see if a law was just and correct, and that the system of law could eventually become sophisticated enough to be predictable. John Selden held similar beliefs, in that he thought that the common law was the proper law of England. However, he argued that this did not necessarily create judicial discretion to play with it, and that proper did not necessarily equal perfect. The law was nothing more than a contract made by the English people; this is known as the "appeal to contract".

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yet declined to sit on the crown side at the assizes, and try prisoners, having very strong objections to the legality of the usurper's commission". Hale also made decisions which negatively impacted on the Commonwealth, executing a soldier for murdering a civilian in 1655, and actively refusing to attend a court hearing outside term time. On another occasion, Cromwell personally selected a jury in a trial he was concerned with, something contrary to law; as a result, Hale dismissed the jury and refused to hear the case. On 15 May 1659, Hale chose to retire, and was replaced by

627:, and Joanna Poyntz. His father gave up his practice as a barrister several years before Hale's birth "because he could not understand the reason of giving colour in pleadings". This refers to a process through which the defendant would refer a case over the validity of his title to land to a judge instead of a jury, through claiming a (false) allegation about this right. Such an allegation would be a question of law rather than a question of fact, and as such decided by the judge with no reference to the jurors. 900: 678:

friend, and forgive him for his previous excesses. His friend recovered, and Hale was restored to his Puritan faith, never drinking to someone's health again (not even drinking to the King) and going to church every Sunday for 36 years. He instead settled into his studies, working for up to 16 hours a day during his first two years at Lincoln's Inn before reducing it to eight hours due to health concerns. As well as reading the law reports and statutes, Hale also studied the

3657: 1018:. Sitting as a judge in this trial led to some viewing Hale as hypocritical, with F.A. Inderwick later writing "I confess to a feeling of pain at finding in October 1660, sitting as a judge at the Old Bailey, trying and condemning to death batches of the regicides, men under whose orders he had himself acted, who had been his colleagues in Parliament, with whom he had sat on committees to alter the law". Perhaps as reward for this, he became 842:

consideration what inconveniences there are in the law; and how the mischiefs which grow from delays, the chargeableness and irregularities in the proceedings in the law may be prevented, and the speediest way to reform the same, and to present their opinions to such committee as the Parliament shall appoint". The Commission consisted of eight lawyers and 13 laymen, which sat from 23 January approximately three times a week.

3870: 3915: 36: 1509:, created by the King's authority, not by any individual judge. Hobbes felt that there was no skill unique to lawyers, and that the law could be understood not through Coke's "reason" (the method used by lawyers) but through understanding the King's instructions. While the judges did make law, this was only valid because it was "tacitly confirmed (because not disapproved) by the ". 773:, arguing for the prosecution, admitted that none of Laud's actions amounted to treason, but argued that all of them together did. Herne, in his arguments written by Hale, retorted that "I crave your mercy, . I never understood before this time that two hundred couple of black rabbits would make a black horse!" The case against Laud began to fail, but Parliament issued an 882:, one of the three principal Westminster courts, on 31 January 1653, on the condition that he "would not be required to acknowledge the usurper's authority". He also refused to put people to death for offences against the government; he believed that because the government authorising him to do so was an illegal one, "putting men to death on that account was murder". 3898: 635:, in his biography of Matthew Hale, points out that his father's concerns about giving colour in pleadings could not have been very strong "since he not only retired to his estate at Alderley where he managed to live on his wife's inherited income, but also directed in his will that Matthew should make a career in the law". 3858: 1123:. 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; 1133:, on the other hand, described Anne as "one of 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. 859:. Almost all of the recommendations eventually became part of English law, with John Hostettler, in his biography of Hale, writing that if the measures had been put into law immediately, "we would have been honouring such pioneers for their farsightedness in enhancing our legal system and the concept of justice". 1445:. His largest work in manuscript, "De Deo" (ca. 1662–1667), consists of ten books filling five volumes and is estimated to contain nearly a million words. There are also three copies of a treatise on natural law at the British Library. A critical edition of this treatise on natural law has been published as 1496:

and practice as a judge advocated judge-made law. Coke asserted that judge-made law had the answer to any question asked of it, and as a result, "a learned judge... was the natural arbiter of politics". This principle was known as the "appeal to reason", with "reason" referring not to rationality but

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There were many instances of parties to a case attempting to bribe Hale. When a Duke approached him before a case "to help the judge understand a case that was to come before him", Hale said that he would only hear about cases in court. In another case, he was sent venison by a party. After noticing

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When it became clear that the King was losing the Civil War, and only Oxford held out, Hale decided to act as a commissioner to negotiate its surrender, fearing that the city might otherwise be destroyed. Thanks to his intercession, honourable terms were reached, and the libraries preserved. Despite

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Hale gained a good legal practice, although he allowed his Christian faith to govern his work. He sought to help the court reach a just verdict, whatever his client's concerns, and normally returned half his fee or charged a standard fee of 10 shillings rather than allow costs to inflate. He refused

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on 8 November 1628. Fearing that the theatre might dissuade him from his legal studies as it had at Oxford, he swore "never to see a stage-play again". At around this time he was drinking with a group of friends when one of them became so drunk he fainted; Hale prayed to God to forgive and save his

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Both of Hale's parents died before he was five; Joanna in 1612, and Robert in 1614. It was then revealed that Robert had been so generous in giving money to the poor that at his death his estate provided only £100 of income a year, of which £20 was to be paid to the local poor. Hale thus passed into

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Hale's legal theory was highly influenced by both Coke and Selden. He argued that the making of the law was a contract, but that it was subject to a test of "reasonable" character, something that only the judges could rule on. In this way, he sat in a middle ground between Selden and Coke. This was

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relieved the pain temporarily, by the next February his legs were so stiff he could not walk. His initial attempts to resign as Chief Justice were declined by the King, but when Hale applied for a writ of ease the King reluctantly allowed him to retire on 20 February 1676, granting him a pension of

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to perform the job of the former House of Lords. Cromwell accepted this constitution, and in December 1657 nominated the Upper House's members. Hale, as a judge, was called to it. This new House's extensive jurisdiction and authority was immediately questioned by the Commons, and Cromwell responded

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be subject to re-election every three years by the House of Commons, that the militia should be controlled by Parliament, and that supplies should only be granted to the army for limited periods. While these proposals got support, Cromwell refused to allow any MPs into the Commons until they signed

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later wrote that "if judgment of death be given by a judge not authorized by lawful commission, and execution is done accordingly, the judge is guilty of murder; and upon this argument Sir Matthew Hale himself, though he accepted the place of a judge of the Common Pleas under Cromwell's government,

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Although Hale wrote voluminously, he published little in his lifetime: his writings were discovered and published by others after his death. There are still dozens of volumes of his manuscripts that remain unpublished, including numerous theological treatises. The majority of these manuscripts are

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Hale believed that a marriage was a contract, which merged the legal entities of husband and wife into one body. As such, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her

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Second, he was acknowledged as universally able and of high integrity during his cases, retorting to those who complained of his defence of the Royalists that he was "pleading in defence of the laws which they professed they would maintain and preserve; and that he was doing his duty to his client

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According to Edward Foss in 2000, Hale was widely considered an excellent judge and jurist, particularly through his writings: he was an "eminent judge, whom all look up to as one of the brightest luminaries of the law, as well for the soundness of his learning as for the excellence of his life".

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Here is buried the body of Matthew Hale, Knight, the only son of Robert Hale, and Joanna his wife; born in this parish of Alderley on the 1st day of November, in the year of our Lord 1609, and died in the same place on the 25th day of December in the year of our lord 1676; in the 67th year of his

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replaced him as Chief Baron of the Exchequer. Hale was not noted as a particularly innovative judge, but took pains to ensure that his decisions were easy to understand and informative. Roger North wrote that "I have known the Court of King's Bench sitting every day from eight to 12, and the Lord

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met on 25 April 1660 (with Hale a member from Gloucestershire again) it immediately began negotiations with the King. Hale moved in the Commons that "a committee might be appointed to look into the overtures that had been made, and the concessions that had been offered, by " and "from thence to

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aimed to establish a "new society", which included reforming the law. To that end, on 30 January 1652 Hale was appointed chairman of a commission to investigate law reform, which soon became known as the Hale Commission. The Commission's official remit was defined by the Commons; "taking into

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The Jurisdiction of the Lords House, or Parliament, Considered According to Antient Records. By Lord Chief Justice Hale. To which is Prefixed, by the Editor, Francis Hargrave, Esq. an Introductory Preface, Including a Narrative of the Same Jurisdiction from the Accession of James the

1424:. At the same time as he said a husband cannot be guilty of rape, Hale eliminated the previous rape defence that existed in English law for a man cohabiting with a woman (as opposed to being married to the woman), on the ground that cohabitation does not involve any contract. 1308:

is perhaps Hale's most famous work. Pleas of the Crown were capital offences committed "against the peace of our Lord the King, his Crown and dignity"; as such, the book dealt with capital crimes and the associated procedure. The 710-page work followed the pattern of

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was based on lectures he gave to students, and was most likely not intended to be published; it is considered the first history of English law ever written. Divided into 13 chapters, the book dealt with the history of English law and some suggestions for reform.

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wrote that "If he saw that a cause was unjust, he for a great while would not meddle further in it but to give his advice that it was so; if the parties after that would go on, they were to seek another counsellor, for he would assist none in acts of injustice".

722:, a "man of almost universal learning, whose theories were to dominate much of later thought". Selden persuaded him to continue with his studies outside the law, and much of Hale's written work is concerned with theology and science as well as legal theory. 4878: 1487:

During Hale's period as a barrister and judge, the general conclusion in England was that the repository of the law and conventional wisdom was not politics, as in Renaissance Europe, but the common law. This had been brought about thanks to Sir

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Although in common use, Robert Hale apparently saw this as deceptive and "contrary to the exactness of truth and justice which became a Christian; so that he withdrew himself from the inns of court to live on his estate in the country".

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in 1942, that with Hale's popularity at the time (Parliamentary constituencies "fought over the privilege of returning him") he could have been just as successful as Coke if he had chosen to take an active role in public affairs.

1449:(2015), which contains chapters on law in general and the law of nature. In the same work, Hale criticizes the reduction of natural law to self-preservation as "the only Cardinall Law" (the view normally associated with 1289:, himself considered one of the greatest common law historians, described it as "the ablest introductory sketch of a history of English law that appeared till the publication of Pollock and Maitland's volumes in 1895". 1052:

enacted on 8 February 1667 constituted a Court of Fire, tasked with dealing with property disputes over ownership, liability and the rebuilding of the city. Hale was tasked with sitting in this court, which met in

827:, there was considerable desire for law reform. Many judges and lawyers were corrupt, and the criminal law followed no real reason or philosophy. Any felony was punishable by death, proceedings were in a form of 534:. In both positions, he was again noted for his integrity, although not as a particularly innovative judge. Following a bout of illness he retired on 20 February 1676, dying ten months later on 25 December 1676. 4843: 1377:; Hale's edition was the most commonly used, and the first to extract Coke's broader philosophical points. His written works, however, were fragmentary, and did not individually lay out his jurisprudence. 969:. Richard Cromwell was a weak leader, however, and ruled for only 8 months before resigning. On 16 March 1660 General Monck forced the Parliament to vote for its own dissolution and call new elections. 686:. Outside of the law, Hale studied anatomy, history, philosophy and mathematics. He refused to read the news or attend social events, and occupied himself entirely with his studies and visits to church. 985:

digest such propositions, as they should think fit to be sent over to " who was still in Breda. On 1 May Parliament restored the King, and Charles II landed in Dover three weeks later, prompting the

789:, that it was Hale who actually provided the King with this defence, and that it was only because the defence prevented any counsel being called for the King that Hale did not appear in court. 941:

an oath recognising his authority, which Hale refused to do. As such, none of them were passed. Dissatisfied with the First Protectorate Parliament, Cromwell dissolved it on 22 January 1655.

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The Life and Death of Pomponius Atticus written by his contemporary and acquaintance Cornelius Nepos. Translated out of his fragments, together with observations political and moral thereon

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His estate was largely left for his widow, with his legal texts given to his grandson Gabriel if Gabriel chose to study the law, and his more valuable manuscripts and books given to

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as a torture mechanism. Dissolved on 23 July 1652 after producing 16 bills, none of the Commission's recommendations immediately made it into law, although two (to abolish fines for

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The first was that the government should be "in a Parliament and a single person limited and restrained as the Parliament should think fit", and he later proposed that the

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The Commission recommended various changes, such as reducing the use of the death penalty, allowing defendants access to legal counsel, legal aid and the abolition of

1094:). He was buried next to his first wife's tomb in the churchyard of St Kenelm's, the church which adjoined his home at Alderley, with a monument erected that reads: 1205: 1406:

to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

4883: 4106: 3823: 966: 3757: 926: 4557: 4367: 4164: 4472: 4247: 4154: 781:, Hale was expected to defend him, and indeed offered to do so; the King refused to submit to the court, claiming he did not recognise its jurisdiction. 1550: 1387:, notes that it is only "possible by a study of the entire corpus of Hale's writings to reconstruct the coherent legal philosophy that underlies them". 1127:

wrote that " 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".

444:), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a 4848: 4813: 4287: 1415: 874:. Although Hale considered that taking this commission would make others think he supported the Commonwealth, he was persuaded to do so, replacing 579:, and that view was widely held until the 1990s. However, he eliminated the previous rape defence that existed in English law for an unmarried man 4657: 1323:

said that Hale's work "was not only of the highest authority but shows a depth of thought which puts it in quite a different category from Coke's

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was considered as great as his knowledge of the law, and Lord Nottingham, considered the "father of equity", "worshipped Hale as a great master".

739: 465: 1331:, the defence of drunkenness, capital offences, treason, homicide and theft. Hale endorses the application of capital punishments to children in 878:. Only Serjeants-at-Law could become judges, and as such Hale was made a Serjeant on 25 January 1653. He was formally appointed a Justice of the 4818: 4527: 53: 3886: 4853: 4507: 4407: 3996: 3952: 3798: 3786: 3763: 3472: 1161: 718:. Hale and Noy became close friends, to the point where he was referred to as "the young Noy", and more crucially he also met and befriended 1048:

broke out. Over 100,000 people were made homeless, and by the time the fire ended over 13,000 houses and 400 streets had been destroyed. An

673:. Glanville successfully persuaded Hale to become a lawyer, and, after leaving Oxford at the age of 20 before obtaining a degree, he joined 4873: 4452: 4347: 4277: 3264: 1335:, writing that "it is clear that an infant above fourteen years is equally subject to capital punishments as others of full age; for it is 1090:. After suffering for ten more months, Hale died on 25 December 1676 at his country home, The Lower House (now the site of the present day 1026:. Hale had no wish to receive the knighthood that accompanied this appointment and so tried to avoid being near the King; in response, the 1061: 531: 174: 1327:... is far more of a treatise and far less of an index or mere work of practice". The book dealt with the criminal capacity of infants, 4888: 4357: 1281: 734:

Despite this, he was wealthy enough to purchase land worth £4,200 in 1648 (equivalent to £694,071 in 2023). He was in great demand;

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Despite the Royalist loss, Hale's reputation for integrity and his political neutrality saved him from any repercussions, and under the

4828: 4823: 801:, Hale's reputation did not suffer. First, he largely kept out of the war, even ignoring news of its progress, and instead translating 662:

Both Kingscot and Stanton had intended this to be his career, and his education had been conducted with that in mind. He was taught by

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The Analysis of the Law. Being a Scheme, or Abstract, of the several Titles and Partitions of the Law of England, Digested into Method

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was first published in 1681, six years after Hale's death, Hale must have seen an early copy or draft. D.E.C. Yale, writing in the

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Hale's posthumous legacy is his written work. He wrote a variety of texts, treatises and manuscripts, the most major of which are

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Hale's views on rape, marriage and abortion have had a long legacy not only in Britain's legal system, but also in those of the

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not included in the Declaration of Breda, between 9 and 19 October 1660. All were found guilty of treason, and 10 of them were

879: 1164:, during his lifetime as "the most learned, the most able, the most honorable man to be found in the profession of the law". 4051: 3102:

Legal Bibliography, or a thesaurus of American, English, Irish and Scotch law books:together with some continental treatises.

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Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict

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Biographia Juridica: A Biographical Dictionary of the Judges of England from the Conquest to the Present Time, 1066–1870

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by dissolving the Parliament on 4 February 1658. On 3 September 1658, Oliver Cromwell died and was replaced by his son,

591: 527: 511: 216: 4512: 3590: 3080: 1015: 871: 492: 258: 1157:, wrote that Hale was "one of the most pure, the most pious, the most independent, and the most learned" of judges. 1107:. The male line of his family died out in 1784 with the death of Matthew Hale, his great grandson; also a barrister. 86: 3074: 4317: 4026: 3790: 3767: 1124: 46: 4858: 4838: 4833: 4762: 4327: 4172: 3945: 3070: 3036: 1116: 953: 620: 503: 322: 3461: 2532: 68: 4757: 4707: 4552: 4437: 4192: 4031: 3694: 1115:

In 1642 Hale married Anne Moore, the daughter of Sir Henry Moore, a Royalist soldier, and the granddaughter of

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known as the "scandalous vicar" due to his extremist puritan views. On 20 October 1626, at the age of 16, Hale

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Hale's first task in the new regime was as part of the Special Commission of 37 judges who tried the 29

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By 1675, Hale had begun to suffer from ill-health; his arms became swollen, and although a course of

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His plans to become a soldier died after a legal battle concerning his estate, in which he consulted

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and to develop procedures for civil marriages) were brought into force through statutes by the

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The Primitive Origination of Mankind, Considered and Examined According to the Light of Nature

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The Jurisdiction of the Lord's House, or, Parliament Considered According to Ancient Records

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Ryan, Rebecca M. (1995). "The Sex Right: A Legal History of the Marital Rape Exemption".

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Modern scholars also offer criticism of Hale for his execution of at least two women for

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invited him to his house, where the King was present. Hale was knighted on the spot.

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Ruins of Time Exemplified in Sir Matthew Hale's History of the Pleas of the Crown

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in conflict with the argument of Hobbes. In 1835, Hale's "Reflections on Hobbes'

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husband, which she cannot retract". This exception to the law of rape existed in

1356:

Ruins of Time exemplified in Sir Matthew Hale's History of the Pleas of the Crown

549:

is noted as the first published history of English law and a strong influence on

4627: 4522: 4412: 4297: 4267: 4177: 3869: 3829: 3794: 3738: 3614:

Yale, D. E. C. (1972). "Hobbes and Hale on Law, Legislation and the Sovereign".

3313: 3291: 1506: 1489: 1454: 1310: 1220: 1184: 1178: 782: 765:, argued that none of Laud's alleged offences constituted treason, and that the 726:

to accept unjust cases, and always tried to be on the "right" side of any case;

719: 715: 703: 572: 564: 560: 35: 17: 1002: 4677: 4547: 3874: 3627: 1400:

one of the most notorious of the seventeenth century English witchcraft trials

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Add. MS 18235, fols. 41–147 ; Harley MS 7159, fols. 1–266 ; Hargrave MS 485

777:

which declared him guilty, and sentenced him to death. After the capture of

743: 679: 404: 4084: 746:

for high treason. Although unsuccessful, Hale was then called to represent

537:

Hale's published works were particularly influential in the development of

4879:

Members of the pre-1707 Parliament of England for the University of Oxford

4572: 4487: 1414:

until 1991, primarily due to his influence, until it was repealed by the

917:

was called; of the 400 English members, only two were lawyers – Hooke, a

487:, which investigated law reform. Following the Commission's dissolution, 457: 3595:

The Judges of England 1272–1990: a list of judges of the superior courts

3184:(1). Omohundro Institute of Early American History and Culture: 85–111. 3451: 3408: 3205: 2533:"The 17th-Century Judge at the Heart of Today's Women's Rights Rulings" 699: 640: 429: 326: 3168: 1665:

A Disquisition Touching the Jurisdiction of the... Courts of Admiralty

639:

the care of Anthony Kingscot, one of his father's relatives. A strong

412: 3435: 3392: 3189: 3152: 2584:"Women, Witches, and Abortion: A Misguided Attack on Justice Alito" 1461:

repeatedly, and appears to share conceptual continuities with both

948:

was called on 17 September 1656, which wrote a constitution titled

1549: 1420: 1291: 1238: 1001: 898: 698: 408: 1535:, and may have passed a copy on to Hale before his death. In his 611:

Hale was born on 1 November 1609 in West End House (now known as

3274:

Sir Matthew Hale 1609–1676: Law, religion and natural philosophy

852: 403:(1 November 1609 – 25 December 1676) was an influential English 4088: 3934: 1611:

The Original Institution, Power and Jurisdiction of Parliament

456:

on 17 May 1636. As a barrister, Hale represented a variety of

138: 29: 3880: 3135:"The Origins of Historical Jurisprudence: Coke, Selden, Hale" 476:

at his state trial, and conceived the defence Charles used.

1641:

Considerations Touching the Amendment or Alterations of Laws

448:

in a dispute over his estate. On 8 November 1628, he joined

4844:

English subscribers to the Solemn League and Covenant 1643

3176:

Brown, David C. (1993). "The Forfeitures at Salem, 1692".

643:, Kingscot had Hale taught by a Mr. Stanton, the vicar of 3532:(1921). "Sir Matthew Hale on Hobbes: An Unpublished Ms". 1398:

were extremely influential. In 1662, he was involved in "

793:

practising in the politically charged environment of the

3218:

The Lives of Sir Matthew Hale and John Earl of Rochester

1623:

Government in General, its Origin, Alteration and Trials

1531:, suggests that Chief Justice Vaughan had access to the 3079:. Vol. V. London: Methuen & Co. Ltd. pp. 1459:

De jure naturali et gentium juxta disciplinam Ebraeorum

1437:. Geis argues that both arose from misogynistic bias. 3418:"Contest and Consent: A Legal History of Marital Rape" 1915: 1913: 714:

by Lincoln's Inn, and immediately became the pupil of

559:. Hale's jurisprudence struck a middle-ground between 472:; it has been hypothesised that Hale was to represent 3846: 3343:(6). University of Pennsylvania Law School: 384–394. 1255:

The History and Analysis of the Common Law of England

3512:

The Red Gown: The Life and Works of Sir Matthew Hale

2783:

A History of Witchcraft in England from 1558 to 1718

1593:

A Discourse of the Knowledge of God and of Ourselves

965:

on 27 January 1659, and Hale was returned as MP for

567:'s "appeal to contract", while refuting elements of 321:

West End House (now The Grange or Alderley Grange),

4163: 4123: 4065: 3969: 3117:Barton, J. L. (1992). "The story of marital rape". 2785:. The American Historical Association. p. 262. 1296:The title page of volume I of the first edition of 1199:. In 2022, Hale's opinion on abortion was cited by 1086:£1,000 a year. He was replaced as Chief Justice by 797:and primarily defending opponents of the resulting 518:was the Member of Parliament who moved to consider 372: 360: 350: 332: 308: 303: 287: 275: 257: 245: 233: 215: 203: 191: 173: 136: 60:. Unsourced material may be challenged and removed. 3460: 3360:Historical Dictionary of Stuart England, 1603–1689 3357: 3039:and W. Davies, (successors to Mr. Cadell,) in the 1557:The Jurisdiction of the Lords House, or Parliament 575:. Hale wrote that a man could not be charged with 3379:Geis, G. (1978). "Lord Hale, Witches, and Rape". 1771:. V. and R. Stevens and G. S. Norton. p. 39. 870:, noting Hale's abilities, asked him to become a 809:and was not to be daunted by such threatenings". 738:began recording his cases and in 1641 he advised 2838:(2nd ed.). London: Cavendish. p. 113. 3356:Fritze, Ronald H.; Robison, William B. (1996). 3019: 3017: 1160:In 1908, Henry Flanders, described Hale in the 1096: 460:figures during the prelude and duration of the 3147:(7). The Yale Law Journal Company: 1651–1738. 1427:According to a 1978 article by G. Geis in the 4100: 3946: 2877:Lambeth Palace Library, London, MSS 3475–3516 823:During the rule of both the Commonwealth and 598:should extend to those as young as fourteen. 8: 3335:Flanders, Henry (1908). "Sir Matthew Hale". 2201:History of Parliament Online – Hale, Matthew 1206:Dobbs v. Jackson Women's Health Organization 3430:(5). UC Berkeley School of Law: 1373–1505. 3255:Corbett, J. H. (1942). "Sir Matthew Hale". 1343:, and can discern between good and evil". 4107: 4093: 4085: 3953: 3939: 3931: 3666: 3622:(1). Cambridge University Press: 121–156. 3238:The Lives of the Chief Justices of England 2935: 2933: 2779:"Witchcraft under Charles II and James II" 2011: 2009: 1653:Reflections on Hobbes' Dialogue of the Law 1365:Hale also reorganised the first of Coke's 522:'s reinstatement as monarch, sparking the 154: 133: 3514:. Chichester: Barry Rose Law Publishers. 2508: 2506: 1697: 1695: 1501:argued against Coke's theory. Along with 1006:Hale as Chief Justice of the King's Bench 120:Learn how and when to remove this message 4869:Lord chief justices of England and Wales 1945: 1943: 1748: 1746: 1705:Abstracts of records and manuscripts ... 1617:The History of the Common Law of England 1605:Origin of Mankind by Natural Propagation 1587:Pleas of the Crown. A Methodical Summary 803:The Life and Death of Pomponious Atticus 742:, the first Earl of Strafford, over his 690:Civil War, Commonwealth and Protectorate 4864:Lay members of the Westminster Assembly 3893: 3853: 1840: 1838: 1789: 1787: 1691: 1477:Tractatus de legibus ac deo legislatore 1362:without considering that it was dated. 1219:Hale has frequently been compared with 1167:Hale's writings have been cited by the 769:had abolished all common law treasons. 659:, with the goal of becoming a priest. 187:18 May 1671 – 20 February 1676 4155:Form of Presbyterial Church Government 3125:(April). Sweet & Maxwell: 260–271. 2835:Sourcebook on the English Legal System 2196: 2194: 2192: 1801: 1799: 1760: 1758: 1155:Lives of the Chief Justices of England 498:Hale sat in Parliament, either in the 432:, and inherited his faith. In 1626 he 271:31 January 1653 – 15 May 1659 27:English jurist and scholar (1609–1676) 4884:People from Alderley, Gloucestershire 3561:(4). Blackwell Publishing: 941–1001. 3337:University of Pennsylvania Law Review 1629:The History of the Pleas of the Crown 1339:, that after fourteen years they are 1265:The History of the Pleas of the Crown 1162:University of Pennsylvania Law Review 526:. Under Charles, Hale was made first 423:The History of the Pleas of the Crown 7: 3265:University of Alberta Faculty of Law 2832:Kelly, David; Slapper, Gary (2001). 1209:, generating political controversy. 58:adding citations to reliable sources 3540:(3). Sweet & Maxwell: 274–303. 3497:(4). Sweet & Maxwell: 402–426. 1282:Commentaries on the Laws of England 952:that called for the creation of an 556:Commentaries on the Laws of England 3567:10.1111/j.1747-4469.1995.tb00697.x 3381:British Journal of Law and Society 3104:T & J W Johnson. 1847. p. 617. 1430:British Journal of Law and Society 1316:Institutes of the Lawes of England 785:writes, based on the statement of 25: 3685:Lord Chief Baron of the Exchequer 1441:found in the Fairhurst Papers at 1062:Chief Justice of the King's Bench 756:impeachment by the House of Lords 532:Chief Justice of the King's Bench 175:Chief Justice of the King's Bench 4849:Politicians from Gloucestershire 3963:Fire of London Disputes Act 1666 3913: 3896: 3868: 3856: 3840:Not represented in restored Rump 1702:Fosbroke, Thomas Dudley (1807). 1569:Contemplations, Moral and Divine 34: 4814:Alumni of Magdalen Hall, Oxford 4133:Westminster Confession of Faith 1728:The American quarterly register 1319:, but was far more methodical; 1171:on numerous occasions. Justice 623:to Robert Hale, a barrister of 506:, in every Parliament from the 229:7 November 1660 – 1671 45:needs additional citations for 3658:Works by or about Matthew Hale 3364:. Greenwood Publishing Group. 3276:. Cambridge University Press. 2704:Hostettler (2002), pp. 192-193 1060:On 18 May 1671, Hale was made 1022:on 7 November 1660, replacing 946:Second Protectorate Parliament 1: 4819:Chief Barons of the Exchequer 4143:Westminster Shorter Catechism 3387:(1). Wiley-Blackwell: 26–44. 3060:Hostettler (2002) pp. 213–214 2887:Cromartie (1995), pp. 156–157 2867:Cromartie (1995), pp. 240–242 1677:He also wrote the preface to 998:Chief Baron and Chief Justice 915:First Protectorate Parliament 908:Third Protectorate Parliament 706:, whom Hale served as a pupil 508:First Protectorate Parliament 4854:Justices of the Common Pleas 4149:Directory for Public Worship 4138:Westminster Larger Catechism 3489:(1923). "Sir Matthew Hale". 3416:Hasday, Jill Elaine (2000). 2531:Taub, Amanda (19 May 2022). 2239:Hostettler (2002), pp. 71–72 2069:Hostettler (2002), pp. 39-40 1976:Campbell (2005), pp. 412–413 1967:Hostettler (2002), pp. 15–16 1659:The Prerogatives of the King 1020:Chief Baron of the Exchequer 961:. Richard Cromwell summoned 921:, and Hale, who was elected 592:Bury St Edmunds witch trials 528:Chief Baron of the Exchequer 483:he was made Chairman of the 415:most noted for his treatise 217:Chief Baron of the Exchequer 3961:Judges appointed under the 2777:Notestein, Wallace (1911). 2203:. Accessed 1 December 2022. 1564:Hale's full works include: 1298:Historia Placitorum Coronae 1226:J.H. Corbett, wrote in the 1016:hanged, drawn and quartered 872:Justice of the Common Pleas 863:Justice of the Common Pleas 493:Justice of the Common Pleas 259:Justice of the Common Pleas 4915: 4889:Serjeants-at-law (England) 4663:Oliver St John (1598–1673) 4658:Oliver St John (1580–1646) 3178:William and Mary Quarterly 1521:posits that since Hobbes' 1260:Historia Placitorum Coronæ 1257:(published 1713), and the 1248:Historia Placitorum Coronæ 1119:, a Serjeant-at-Law under 950:Humble Petition and Advice 816: 563:'s "appeal to reason" and 547:Analysis of the Common Law 543:Historia Placitorum Coronæ 418:Historia Placitorum Coronæ 69:"Matthew Hale" jurist 4771: 3837: 3817: 3809: 3783: 3751: 3735: 3728: 3718: 3709: 3701: 3691: 3682: 3674: 3669: 3628:10.1017/S0008197300133999 3510:Hostettler, John (2002). 2731:Hostettler (2002), p. 179 2722:Hostettler (2002), p. 170 2713:Hostettler (2002), p. 150 2695:Hostettler (2002), p. 189 2686:Hostettler (2002), p. 188 2677:Hostettler (2002), p. 187 2659:Hostettler (2002), p. 213 2641:Hostettler (2002), p. 209 2632:Hostettler (2002), p. 208 2605:Holdsworth (1923), p. 402 2596:Hostettler (2002), p. 211 2521:Hostettler (2002), p. 118 2512:Hostettler (2002), p. 117 1958:Holdsworth (1923), p. 403 1752:Hostettler (2002), p. 151 1739:– via Google Books. 1715:– via Google Books. 1554:The title page of Hale's 1044:On 2 September 1666, the 913:On 3 September 1654, the 710:On 17 May 1636, Hale was 621:Alderley, Gloucestershire 389: 323:Alderley, Gloucestershire 299: 264: 222: 180: 169: 153: 4874:Members of Lincoln's Inn 3555:Law & Social Inquiry 3320:. The Lawbook Exchange. 3272:Cromartie, Alan (1995). 3240:. Vol. 1. Elibron. 3076:A History of English Law 2491:Hostettler (2002), p. 18 2482:Hostettler (2002) p. 148 2473:Hostettler (2002) p. 146 2464:Hostettler (2002) p. 145 2446:Hostettler (2002) p. 142 2428:Hostettler (2002) p. 141 2419:Hostettler (2002) p. 138 2410:Hostettler (2002) p. 135 2401:Hostettler (2002) p. 136 2374:Hostettler (2002) p. 113 2365:Hostettler (2002) p. 112 2356:Hostettler (2002) p. 111 2347:Hostettler (2002) p. 109 2230:Hostettler (2002), p. 69 2221:Hostettler (2002), p. 65 2212:Hostettler (2002), p. 64 2096:Hostettler (2002), p. 50 2078:Hostettler (2002), p. 43 2051:Hostettler (2002), p. 29 2042:Hostettler (2002), p. 25 1994:Hostettler (2002), p. 20 1985:Hostettler (2002), p. 19 1928:Hostettler (2002), p. 12 1350:wrote a critique of the 1212:In 1993, in the case of 938:English Council of State 752:Archbishop of Canterbury 607:Early life and education 4899:Witch trials in England 3467:. London: Robert Hale. 3459:Heward, Edmund (1972). 3002:Cromartie (1995) p. 102 2623:Campbell (2005), p. 456 2573:Campbell (2005), p. 407 2320:Hostettler (2002) p. 86 2311:Hostettler (2002) p. 85 2302:Hostettler (2002) p. 84 2293:Hostettler (2002) p. 78 2275:Hostettler (2002) p. 77 2266:Hostettler (2002) p. 76 2257:Hostettler (2002) p. 74 2248:Hostettler (2002) p. 73 2177:Hostettler (2002) p. 54 2123:Hostettler (2002) p. 53 2060:Hostettler (2002) p. 37 2033:Campbell (2005), p. 415 2024:Campbell (2005), p. 414 1919:Flanders (1908), p. 387 1907:Campbell (2005), p. 411 1898:Hostettler (2002), p. 6 1889:Campbell (2005), p. 409 1880:Hostettler (2002), p. 5 1871:Campbell (2005), p. 408 1321:James Fitzjames Stephen 1244:James Fitzjames Stephen 925:for his home county of 799:Commonwealth of England 481:Commonwealth of England 4703:Henry Vane the Younger 4027:Sir Christopher Turnor 3035:, London: Printed for 2975:Cromartie (1995) p. 98 2966:Cromartie (1995) p. 99 2957:Cromartie (1995) p. 32 2948:Cromartie (1995) p. 19 2939:Cromartie (1995) p. 17 2927:Cromartie (1995) p. 11 2749:Berman (1994), p. 1708 2740:Berman (1994), p. 1707 2668:Berman (1994), p. 1705 2650:Corbett (1942), p. 165 2614:Berman (1994), p. 1704 2437:Flanders (1908) p. 394 2329:Flanders (1908) p. 393 1949:Cromartie (1995), p. 3 1862:Flanders (1908) p. 385 1844:Hostettler (2002) p. 4 1805:Hostettler (2002) p. 2 1781:Hostettler (2002) p. 1 1667:(Selden Society, 1993) 1661:(Selden Society, 1976) 1561: 1468:De jure belli ac pacis 1443:Lambeth Palace Library 1301: 1250: 1101: 1007: 919:Baron of the Exchequer 910: 707: 4829:English MPs 1656–1658 4824:English MPs 1654–1655 4022:Sir Richard Rainsford 4007:Sir Timothy Littleton 3885:at Knowledge (XXG)'s 3883:Matthew Hale (jurist) 3730:Parliament of England 3678:Sir Orlando Bridgeman 3616:Cambridge Law Journal 3423:California Law Review 3257:Alberta Law Quarterly 3024:Matthew Hale (1796), 2984:Pollock (1921) p. 274 2908:Of the Law of Nature. 2822:Barton (1992), p. 265 2338:Corbett (1942) p. 166 2087:Fritze (1996), p. 221 1853:Cromartie (1995) p. 2 1823:Cromartie (1995) p. 1 1814:Berman (1994) p. 1703 1765:Amos, Andrew (1856). 1599:On Pomponious Atticus 1553: 1528:Cambridge Law Journal 1346:In the 19th century, 1295: 1246:, who praised Hale's 1242: 1228:Alberta Law Quarterly 1024:Sir Orlando Bridgeman 1005: 982:Convention Parliament 902: 880:Court of Common Pleas 857:Barebone's Parliament 702: 512:Convention Parliament 438:Magdalen Hall, Oxford 379:Magdalen Hall, Oxford 364:The Lower House (see 342:The Lower House (see 4743:Bulstrode Whitelocke 4698:Henry Vane the Elder 4117:Westminster Assembly 3987:Sir Orlando Bridgman 3820:Member of Parliament 3799:Baynham Throckmorton 3754:Member of Parliament 3534:Law Quarterly Review 3491:Law Quarterly Review 3119:Law Quarterly Review 1937:Burnet (1820), p. 12 1671:Of the Law of Nature 1447:Of the Law of Nature 1077:Retirement and death 1046:Great Fire of London 978:Declaration of Breda 923:Member of Parliament 895:Member of Parliament 653:University of Oxford 594:and his belief that 516:Declaration of Breda 514:, and following the 160:Portrait of Hale by 54:improve this article 4448:Alexander Henderson 4073:John Michael Wright 3487:Holdsworth, William 2918:CLP Academic. 2015. 2914:14 May 2016 at the 2804:Ryan (1995), p. 947 2795:Ryan (1995), p. 944 2564:Foss (2000), p. 319 2383:Sainty (1993) p. 11 2284:Sainty (1993) p. 96 2168:Burnet (1820) p. 28 2159:Burnet (1820) p. 26 2150:Burnet (1820) p. 24 2141:Burnet (1820) p. 23 2132:Sainty (1993) p. 76 2114:Burnet (1820) p. 22 2105:Burnet (1820) p. 21 2015:Foss (2000), p. 320 2003:Burnet (1820) p. 20 1793:Burnet (1820), p. 2 1390:Hale's writings on 1375:Treatise on Tenures 1371:Thomas de Littleton 1369:, which dealt with 1329:insanity and idiocy 1279:, when writing his 1064:after the death of 993:English Restoration 987:English Restoration 906:, who summoned the 848:peine forte et dure 524:English Restoration 162:John Michael Wright 4568:William Pierrepont 4483:Archibald Johnston 4468:Richard Holdsworth 4248:Archibald Campbell 4228:Jeremiah Burroughs 4042:Sir Thomas Tyrrell 4037:Sir Thomas Twisden 4032:Sir Edward Turnour 4012:Sir William Morton 3712:Lord Chief Justice 3695:Sir Edward Turnour 3530:Pollock, Frederick 3083:- 513 – via 3011:Yale (1972) p. 126 2993:Yale (1972) p. 122 2858:Geis (1978), p. 27 2767:Brown (1993) p. 97 2758:Geis (1978), p. 26 2537:The New York Times 2500:Geis (1978), p. 29 1832:Burnet (1820) p. 3 1680:Rolle's Abridgment 1562: 1517:" was discovered; 1404:Salem witch trials 1302: 1287:William Holdsworth 1277:William Blackstone 1267:(published 1736). 1251: 1203:in his opinion of 1008: 972:At the same time, 911: 884:William Blackstone 787:Charles Runnington 758:in October 1644. 708: 596:capital punishment 551:William Blackstone 539:English common law 4789: 4788: 4781:Jerusalem Chamber 4776:Westminster Abbey 4733:Jeremiah Whitaker 4643:William Spurstowe 4603:Samuel Rutherford 4543:William Nicholson 4403:William Greenhill 4363:Nathaniel Fiennes 4082: 4081: 4052:Sir William Wilde 4017:Sir Francis North 3997:Sir Heneage Finch 3992:Sir William Ellys 3982:Sir Robert Atkyns 3845: 3844: 3838:Succeeded by 3832: 3824:Oxford University 3813:Nathaniel Fiennes 3784:Succeeded by 3778: 3772:Christopher Guise 3722:Richard Raynsford 3719:Succeeded by 3692:Succeeded by 3474:978-0-7091-3552-4 3131:Berman, Harold J. 2455:Foss (1865) p. 66 2392:Foss (1865) p. 67 2186:Foss (1865) p. 64 1519:Frederick Pollock 1412:England and Wales 1381:, writing in the 1117:Sir Francis Moore 1088:Richard Raynsford 1050:Act of Parliament 967:Oxford University 795:English Civil War 761:Hale, along with 712:called to the Bar 462:English Civil War 454:called to the Bar 393: 392: 240:Orlando Bridgeman 210:Richard Raynsford 130: 129: 122: 104: 16:(Redirected from 4906: 4859:Knights Bachelor 4839:English MPs 1660 4834:English MPs 1659 4723:Thomas Westfield 4623:Obadiah Sedgwick 4608:Robert Sanderson 4598:Benjamin Rudyerd 4538:Matthew Newcomen 4513:Stephen Marshall 4383:George Gillespie 4348:John Elphinstone 4333:Calybute Downing 4283:Francis Cheynell 4233:Adoniram Byfield 4223:Cornelius Burges 4109: 4102: 4095: 4086: 4057:Sir Hugh Wyndham 4047:Sir John Vaughan 4002:Sir Matthew Hale 3955: 3948: 3941: 3932: 3926: 3918: 3917: 3916: 3909: 3901: 3900: 3899: 3889: 3873: 3872: 3861: 3860: 3859: 3852: 3827: 3810:Preceded by 3761: 3736:Preceded by 3702:Preceded by 3675:Preceded by 3667: 3662:Internet Archive 3647: 3610: 3586: 3549: 3525: 3506: 3482: 3479:Internet Archive 3466: 3455: 3412: 3375: 3363: 3352: 3331: 3309: 3297:Tabulae curiales 3287: 3268: 3251: 3229: 3220:. W. Pickering. 3209: 3172: 3140:Yale Law Journal 3126: 3105: 3095: 3089: 3088: 3085:Internet Archive 3071:Holdsworth, W.S. 3067: 3061: 3058: 3052: 3051: 3026:Francis Hargrave 3021: 3012: 3009: 3003: 3000: 2994: 2991: 2985: 2982: 2976: 2973: 2967: 2964: 2958: 2955: 2949: 2946: 2940: 2937: 2928: 2925: 2919: 2903: 2897: 2894: 2888: 2885: 2879: 2874: 2868: 2865: 2859: 2856: 2850: 2849: 2829: 2823: 2820: 2814: 2811: 2805: 2802: 2796: 2793: 2787: 2786: 2774: 2768: 2765: 2759: 2756: 2750: 2747: 2741: 2738: 2732: 2729: 2723: 2720: 2714: 2711: 2705: 2702: 2696: 2693: 2687: 2684: 2678: 2675: 2669: 2666: 2660: 2657: 2651: 2648: 2642: 2639: 2633: 2630: 2624: 2621: 2615: 2612: 2606: 2603: 2597: 2594: 2588: 2587: 2580: 2574: 2571: 2565: 2562: 2556: 2555: 2553: 2551: 2528: 2522: 2519: 2513: 2510: 2501: 2498: 2492: 2489: 2483: 2480: 2474: 2471: 2465: 2462: 2456: 2453: 2447: 2444: 2438: 2435: 2429: 2426: 2420: 2417: 2411: 2408: 2402: 2399: 2393: 2390: 2384: 2381: 2375: 2372: 2366: 2363: 2357: 2354: 2348: 2345: 2339: 2336: 2330: 2327: 2321: 2318: 2312: 2309: 2303: 2300: 2294: 2291: 2285: 2282: 2276: 2273: 2267: 2264: 2258: 2255: 2249: 2246: 2240: 2237: 2231: 2228: 2222: 2219: 2213: 2210: 2204: 2198: 2187: 2184: 2178: 2175: 2169: 2166: 2160: 2157: 2151: 2148: 2142: 2139: 2133: 2130: 2124: 2121: 2115: 2112: 2106: 2103: 2097: 2094: 2088: 2085: 2079: 2076: 2070: 2067: 2061: 2058: 2052: 2049: 2043: 2040: 2034: 2031: 2025: 2022: 2016: 2013: 2004: 2001: 1995: 1992: 1986: 1983: 1977: 1974: 1968: 1965: 1959: 1956: 1950: 1947: 1938: 1935: 1929: 1926: 1920: 1917: 1908: 1905: 1899: 1896: 1890: 1887: 1881: 1878: 1872: 1869: 1863: 1860: 1854: 1851: 1845: 1842: 1833: 1830: 1824: 1821: 1815: 1812: 1806: 1803: 1794: 1791: 1782: 1779: 1773: 1772: 1762: 1753: 1750: 1741: 1740: 1738: 1736: 1723: 1717: 1716: 1714: 1712: 1699: 1505:, he argued for 1473:Francisco Suárez 1384:Yale Law Journal 1379:Harold J. Berman 1337:presumptio juris 1195:Kahler v. Kansas 1169:US Supreme Court 1143:British Colonies 963:a new Parliament 959:Richard Cromwell 904:Richard Cromwell 825:the Protectorate 775:Act of Attainder 767:Treason Act 1351 740:Thomas Wentworth 664:Obadiah Sedgwick 466:Thomas Wentworth 442:Hertford College 402: 396:Sir Matthew Hale 383:Hertford College 339: 336:25 December 1676 318: 316: 304:Personal details 290: 278: 269: 248: 236: 227: 206: 194: 185: 158: 134: 125: 118: 114: 111: 105: 103: 62: 38: 30: 21: 18:Sir Matthew Hale 4914: 4913: 4909: 4908: 4907: 4905: 4904: 4903: 4794: 4793: 4790: 4785: 4767: 4753:Henry Wilkinson 4688:Anthony Tuckney 4648:Edmund Staunton 4638:Sidrach Simpson 4583:Robert Reynolds 4578:Edward Reynolds 4443:Arthur Haselrig 4368:William Fiennes 4323:Robert Devereux 4288:John Clotworthy 4238:Richard Byfield 4213:Ralph Brownrigg 4173:John Arrowsmith 4159: 4119: 4113: 4083: 4078: 4061: 3977:Sir John Archer 3965: 3959: 3929: 3925:from Wikisource 3919: 3914: 3912: 3902: 3897: 3895: 3892: 3888:sister projects 3887: 3879: 3867: 3857: 3855: 3847: 3841: 3834: 3826: 3815: 3805: 3801: 3797: 3793: 3789: 3787:George Berkeley 3780: 3774: 3770: 3766: 3764:George Berkeley 3760: 3758:Gloucestershire 3749: 3745: 3741: 3724: 3715: 3707: 3697: 3688: 3680: 3654: 3613: 3589: 3552: 3528: 3522: 3509: 3485: 3475: 3458: 3436:10.2307/3481263 3415: 3393:10.2307/1409846 3378: 3372: 3355: 3334: 3328: 3312: 3300:. John Murray. 3290: 3284: 3271: 3254: 3248: 3232: 3214:Burnet, Gilbert 3212: 3190:10.2307/2947237 3175: 3129: 3116: 3113: 3108: 3096: 3092: 3069: 3068: 3064: 3059: 3055: 3023: 3022: 3015: 3010: 3006: 3001: 2997: 2992: 2988: 2983: 2979: 2974: 2970: 2965: 2961: 2956: 2952: 2947: 2943: 2938: 2931: 2926: 2922: 2916:Wayback Machine 2904: 2900: 2895: 2891: 2886: 2882: 2875: 2871: 2866: 2862: 2857: 2853: 2846: 2831: 2830: 2826: 2821: 2817: 2812: 2808: 2803: 2799: 2794: 2790: 2776: 2775: 2771: 2766: 2762: 2757: 2753: 2748: 2744: 2739: 2735: 2730: 2726: 2721: 2717: 2712: 2708: 2703: 2699: 2694: 2690: 2685: 2681: 2676: 2672: 2667: 2663: 2658: 2654: 2649: 2645: 2640: 2636: 2631: 2627: 2622: 2618: 2613: 2609: 2604: 2600: 2595: 2591: 2582: 2581: 2577: 2572: 2568: 2563: 2559: 2549: 2547: 2530: 2529: 2525: 2520: 2516: 2511: 2504: 2499: 2495: 2490: 2486: 2481: 2477: 2472: 2468: 2463: 2459: 2454: 2450: 2445: 2441: 2436: 2432: 2427: 2423: 2418: 2414: 2409: 2405: 2400: 2396: 2391: 2387: 2382: 2378: 2373: 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868:Oliver Cromwell 865: 839:Rump Parliament 835:Oliver Cromwell 821: 819:Hale Commission 815: 813:Hale Commission 805:into English. 697: 692: 680:Roman civil law 655:as a member of 633:John Hostettler 617:Alderley Grange 609: 604: 489:Oliver Cromwell 485:Hale Commission 452:, where he was 446:Serjeant-at-Law 398: 355: 341: 337: 320: 319:1 November 1609 314: 312: 288: 276: 270: 265: 246: 234: 228: 223: 204: 192: 186: 181: 165: 149: 144: 141: 126: 115: 109: 106: 63: 61: 51: 39: 28: 23: 22: 15: 12: 11: 5: 4912: 4910: 4902: 4901: 4896: 4891: 4886: 4881: 4876: 4871: 4866: 4861: 4856: 4851: 4846: 4841: 4836: 4831: 4826: 4821: 4816: 4811: 4806: 4796: 4795: 4787: 4786: 4784: 4783: 4778: 4772: 4769: 4768: 4766: 4765: 4760: 4755: 4750: 4745: 4740: 4735: 4730: 4728:Philip Wharton 4725: 4720: 4715: 4710: 4705: 4700: 4695: 4693:William Twisse 4690: 4685: 4680: 4675: 4673:William Strong 4670: 4668:William Strode 4665: 4660: 4655: 4650: 4645: 4640: 4635: 4630: 4625: 4620: 4618:Lazarus Seaman 4615: 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2598: 2589: 2586:. 5 June 2022. 2575: 2566: 2557: 2523: 2514: 2502: 2493: 2484: 2475: 2466: 2457: 2448: 2439: 2430: 2421: 2412: 2403: 2394: 2385: 2376: 2367: 2358: 2349: 2340: 2331: 2322: 2313: 2304: 2295: 2286: 2277: 2268: 2259: 2250: 2241: 2232: 2223: 2214: 2205: 2188: 2179: 2170: 2161: 2152: 2143: 2134: 2125: 2116: 2107: 2098: 2089: 2080: 2071: 2062: 2053: 2044: 2035: 2026: 2017: 2005: 1996: 1987: 1978: 1969: 1960: 1951: 1939: 1930: 1921: 1909: 1900: 1891: 1882: 1873: 1864: 1855: 1846: 1834: 1825: 1816: 1807: 1795: 1783: 1774: 1754: 1742: 1718: 1690: 1688: 1685: 1675: 1674: 1668: 1662: 1656: 1650: 1644: 1638: 1632: 1626: 1620: 1614: 1608: 1602: 1596: 1590: 1584: 1578: 1572: 1547: 1544: 1484: 1481: 1416:House of Lords 1236: 1233: 1189:Stephen Breyer 1175:cited Hale in 1173:Harry Blackmun 1138: 1135: 1131:Richard Baxter 1112: 1109: 1092:Alderley House 1078: 1075: 1070:Edward Turnour 1055:Clifford's Inn 1031:Lord Clarendon 999: 996: 994: 991: 896: 893: 864: 861: 853:original writs 817:Main article: 814: 811: 696: 693: 691: 688: 671:John Glanville 608: 605: 603: 600: 583:with a woman. 391: 390: 387: 386: 376: 370: 369: 366:Alderley House 362: 358: 357: 352: 348: 347: 344:Alderley House 340:(aged 67) 334: 330: 329: 310: 306: 305: 301: 300: 297: 296: 291: 285: 284: 279: 273: 272: 262: 261: 255: 254: 252:Edward Turnour 249: 243: 242: 237: 231: 230: 220: 219: 213: 212: 207: 201: 200: 195: 189: 188: 178: 177: 171: 170: 167: 166: 159: 151: 150: 145: 142: 137: 128: 127: 42: 40: 33: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 4911: 4900: 4897: 4895: 4894:Witch hunters 4892: 4890: 4887: 4885: 4882: 4880: 4877: 4875: 4872: 4870: 4867: 4865: 4862: 4860: 4857: 4855: 4852: 4850: 4847: 4845: 4842: 4840: 4837: 4835: 4832: 4830: 4827: 4825: 4822: 4820: 4817: 4815: 4812: 4810: 4807: 4805: 4802: 4801: 4799: 4792: 4782: 4779: 4777: 4774: 4773: 4770: 4764: 4761: 4759: 4756: 4754: 4751: 4749: 4746: 4744: 4741: 4739: 4736: 4734: 4731: 4729: 4726: 4724: 4721: 4719: 4716: 4714: 4713:George Walker 4711: 4709: 4708:Richard Vines 4706: 4704: 4701: 4699: 4696: 4694: 4691: 4689: 4686: 4684: 4681: 4679: 4676: 4674: 4671: 4669: 4666: 4664: 4661: 4659: 4656: 4654: 4651: 4649: 4646: 4644: 4641: 4639: 4636: 4634: 4631: 4629: 4626: 4624: 4621: 4619: 4616: 4614: 4613:Henry Scudder 4611: 4609: 4606: 4604: 4601: 4599: 4596: 4594: 4591: 4589: 4586: 4584: 4581: 4579: 4576: 4574: 4571: 4569: 4566: 4564: 4561: 4559: 4556: 4554: 4551: 4549: 4546: 4544: 4541: 4539: 4536: 4534: 4533:George Morley 4531: 4529: 4526: 4524: 4521: 4519: 4516: 4514: 4511: 4509: 4508:John Maitland 4506: 4504: 4501: 4499: 4496: 4494: 4491: 4489: 4486: 4484: 4481: 4479: 4476: 4474: 4473:Edward Howard 4471: 4469: 4466: 4464: 4461: 4459: 4458:Charles Herle 4456: 4454: 4451: 4449: 4446: 4444: 4441: 4439: 4438:Robert Harris 4436: 4434: 4431: 4429: 4428:Robert Harley 4426: 4424: 4423:Henry Hammond 4421: 4419: 4416: 4414: 4411: 4409: 4406: 4404: 4401: 4399: 4398:William Gouge 4396: 4394: 4391: 4389: 4386: 4384: 4381: 4379: 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4010: 4008: 4005: 4003: 4000: 3998: 3995: 3993: 3990: 3988: 3985: 3983: 3980: 3978: 3975: 3974: 3972: 3968: 3964: 3956: 3951: 3949: 3944: 3942: 3937: 3936: 3933: 3924: 3923: 3911: 3907: 3906: 3894: 3890: 3884: 3876: 3871: 3866: 3864: 3854: 3850: 3833: 3831: 3825: 3821: 3814: 3808: 3804: 3803:William Neast 3800: 3796: 3792: 3788: 3779: 3777: 3776:Sylvanus Wood 3773: 3769: 3765: 3759: 3755: 3748: 3747:Robert Holmes 3744: 3743:William Neast 3740: 3734: 3731: 3727: 3723: 3714: 3713: 3706: 3700: 3696: 3687: 3686: 3679: 3673: 3668: 3663: 3659: 3656: 3655: 3651: 3645: 3641: 3637: 3633: 3629: 3625: 3621: 3617: 3612: 3608: 3604: 3600: 3596: 3592: 3588: 3584: 3580: 3576: 3572: 3568: 3564: 3560: 3556: 3551: 3547: 3543: 3539: 3535: 3531: 3527: 3523: 3521:1-902681-28-2 3517: 3513: 3508: 3504: 3500: 3496: 3492: 3488: 3484: 3480: 3476: 3470: 3465: 3464: 3457: 3453: 3449: 3445: 3441: 3437: 3433: 3429: 3425: 3424: 3419: 3414: 3410: 3406: 3402: 3398: 3394: 3390: 3386: 3382: 3377: 3373: 3371:0-313-28391-5 3367: 3362: 3361: 3354: 3350: 3346: 3342: 3338: 3333: 3329: 3327:1-886363-86-2 3323: 3319: 3315: 3311: 3307: 3303: 3299: 3298: 3293: 3289: 3285: 3283:0-521-53446-1 3279: 3275: 3270: 3266: 3262: 3258: 3253: 3249: 3247:1-4212-5221-X 3243: 3239: 3235: 3231: 3227: 3223: 3219: 3215: 3211: 3207: 3203: 3199: 3195: 3191: 3187: 3183: 3179: 3174: 3170: 3166: 3162: 3158: 3154: 3150: 3146: 3142: 3141: 3136: 3132: 3128: 3124: 3120: 3115: 3114: 3110: 3103: 3099: 3098:Marvin, J. G. 3094: 3091: 3086: 3082: 3078: 3077: 3072: 3066: 3063: 3057: 3054: 3050: 3046: 3042: 3038: 3034: 3033: 3027: 3020: 3018: 3014: 3008: 3005: 2999: 2996: 2990: 2987: 2981: 2978: 2972: 2969: 2963: 2960: 2954: 2951: 2945: 2942: 2936: 2934: 2930: 2924: 2921: 2917: 2913: 2910: 2909: 2902: 2899: 2893: 2890: 2884: 2881: 2878: 2873: 2870: 2864: 2861: 2855: 2852: 2847: 2841: 2837: 2836: 2828: 2825: 2819: 2816: 2810: 2807: 2801: 2798: 2792: 2789: 2784: 2780: 2773: 2770: 2764: 2761: 2755: 2752: 2746: 2743: 2737: 2734: 2728: 2725: 2719: 2716: 2710: 2707: 2701: 2698: 2692: 2689: 2683: 2680: 2674: 2671: 2665: 2662: 2656: 2653: 2647: 2644: 2638: 2635: 2629: 2626: 2620: 2617: 2611: 2608: 2602: 2599: 2593: 2590: 2585: 2579: 2576: 2570: 2567: 2561: 2558: 2546: 2542: 2538: 2534: 2527: 2524: 2518: 2515: 2509: 2507: 2503: 2497: 2494: 2488: 2485: 2479: 2476: 2470: 2467: 2461: 2458: 2452: 2449: 2443: 2440: 2434: 2431: 2425: 2422: 2416: 2413: 2407: 2404: 2398: 2395: 2389: 2386: 2380: 2377: 2371: 2368: 2362: 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1639: 1636: 1633: 1630: 1627: 1624: 1621: 1618: 1615: 1612: 1609: 1606: 1603: 1600: 1597: 1594: 1591: 1588: 1585: 1582: 1579: 1576: 1573: 1570: 1567: 1566: 1565: 1559: 1558: 1552: 1546:List of works 1545: 1543: 1540: 1538: 1534: 1530: 1529: 1524: 1520: 1516: 1510: 1508: 1504: 1503:Francis Bacon 1500: 1499:Thomas Hobbes 1495: 1492:, who in his 1491: 1483:Jurisprudence 1482: 1480: 1478: 1474: 1470: 1469: 1464: 1460: 1456: 1452: 1451:Thomas Hobbes 1448: 1444: 1438: 1436: 1432: 1431: 1425: 1423: 1422: 1417: 1413: 1407: 1405: 1401: 1397: 1393: 1388: 1386: 1385: 1380: 1376: 1372: 1368: 1363: 1361: 1357: 1353: 1349: 1344: 1342: 1338: 1334: 1330: 1326: 1322: 1318: 1317: 1312: 1307: 1299: 1294: 1290: 1288: 1284: 1283: 1278: 1273: 1268: 1266: 1262: 1261: 1256: 1249: 1245: 1241: 1234: 1232: 1229: 1224: 1222: 1217: 1215: 1210: 1208: 1207: 1202: 1198: 1196: 1190: 1186: 1182: 1180: 1174: 1170: 1165: 1163: 1158: 1156: 1152: 1151:John Campbell 1146: 1144: 1136: 1134: 1132: 1128: 1126: 1122: 1118: 1111:Personal life 1110: 1108: 1106: 1105:Lincoln's Inn 1100: 1095: 1093: 1089: 1084: 1076: 1074: 1071: 1067: 1063: 1058: 1056: 1051: 1047: 1042: 1040: 1034: 1032: 1029: 1025: 1021: 1017: 1013: 1004: 997: 992: 990: 988: 983: 979: 975: 970: 968: 964: 960: 955: 951: 947: 942: 939: 934: 932: 928: 924: 920: 916: 909: 905: 901: 894: 892: 890: 885: 881: 877: 876:John Puleston 873: 869: 862: 860: 858: 854: 850: 849: 843: 840: 836: 832: 830: 829:Norman French 826: 820: 812: 810: 806: 804: 800: 796: 790: 788: 784: 780: 776: 772: 768: 764: 759: 757: 754:, during his 753: 749: 745: 741: 737: 736:law reporters 732: 729: 728:John Campbell 723: 721: 717: 713: 705: 701: 694: 689: 687: 685: 684:jurisprudence 681: 676: 675:Lincoln's Inn 672: 667: 665: 660: 658: 657:Magdalen Hall 654: 650: 646: 642: 636: 634: 628: 626: 625:Lincoln's Inn 622: 618: 614: 606: 601: 599: 597: 593: 589: 584: 582: 578: 574: 571:'s theory of 570: 569:Thomas Hobbes 566: 562: 558: 557: 552: 548: 544: 540: 535: 533: 529: 525: 521: 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