It was the year 1609 A.D. when, on the first of November, in England, there was born a man by the name of Matthew Hale1 . Though these days he has been criticized for many things, including his belief in such things as witchcraft, he was truly a marvelous juror, among other careers2 . This man lived through one of England’s most tumultuous events of that era –the English Civil war –and came out on the other side remembered as judiciarily impartial, despite the time being so politically divisive3 . Through it all he was a man who served king, lord protector, parliament, and country, and wrote quite a few works on the side, to top it all off4 . From his early days as a student of Magdalen College, Oxford, to his career during the English Civil War, to his later service in court and parliament, he was truly a fascinating character5 .
Matthew Hale was born to a woman named Joan Poyntz and a barrister named Robert Hale6 . They were a middle class family, though Hale’s father was known at times to refer to himself as a “plebian”7 . Sadly, young Matthew Hale would only be with his mother and father for a mere five years before each of them had passed away8 . After their deaths, he was put in the care of one Antony Kingscot, who gave Hale a proper Puritan upbringing and education, despite some of the objections of Hale’s uncle9 . In 1626, Hale enrolled in Magdalen College, Oxford, where he was tutored by Obadiah Sedgewick10 .
While Hale had initially planned to take holy orders whilst there, he was seduced by the thrills of gambling and swordplay, and in 1629, even thought about becoming a soldier in Flanders, though this plan never came to fruition as he decided to pursue an education in law after being impressed by a family lawyer11 . In that same year, he entered Lincoln’s Inn, and was trained by one of the leading scholars and practitioners of law at the time, John Selden12 . At long last, in 1636, all his seven years of hard work paid off, and he was called to the bar13 . Unfortunately, though, troubling times were just on the horizon for England.
In 1642, conflicts between the Parliament and the Crown came to a head, and the conflict known as the English Civil War began. Hale was likely sympathetic with the King’s royalist forces, as evidenced by his defense of several royalists, including Archbishop William Laud and possibly advising King Charles I before he went on trial near the end of the war, but he did his best to remain neutral, an act which one him respect on both sides14 . In 1649, during the last years of the war, he swore allegiance to the Commonwealth15 . In that same year, King Charles I was tried and beheaded, and in two years’ time the war came to a close. The Rump Parliament made Hale chairman of the law reform committee, and in 1654, he was made a judge by the Lord Protector himself, Oliver Cromwell16 . After the death of the Lord Protector, however, Hale decided to step down from his position, and went back to serving on the Parliament17 . As he served on the Parliament, Hale would play a crucial role in several major events, including the dissolving of the Long Parliament, and even advocating for the restoring of the crown by promoting the man who would become King Charles II18 . Overall, surprisingly all of the turmoil ended up helping Hale further his career19 .
In the year 1661, Matthew Hale was not only made into the Chief Baron of the Exchequer, but King Charles II went so far as to knight him20 . During this time, Hale was quite fondly thought of by the royalists, but due to being a Puritan they were still wary of him, as the royalists were largely Anglican21 . Furthermore, they feared that he was dissenting against the government22 . Why did they have these fears?
Firstly, in 1662, he was one of the few judges who did not want to convict a printer who printed radical Puritanical ideas23 . Secondly, in 1668, there was an apprentice riot, and Hale refused to let those men be treated the same way they treated traitors24 . Thirdly, he was rather reluctant to use martial law, and he was opposed to the idea of making a jury pay fines25 . In 1671, Sir Matthew Hale was appointed chief justice of the King’s Bench, which, after managing to avoid being sacked the next year, was a position he would keep until he had to step down in 1676 due to his failing health26 . King Charles II, pleased with Sir Matthew Hale’s work, elected to continue paying him his salary, only this time, as a pension27 . Hale’s career on the King’s Bench was notable for being surprisingly fair to prisoners, and doing his best to always remain impartial in matters28 . It has even been said of him that he was somewhat religiously tolerant for the day, despite having sentenced two women because he believed they were witches29 . Only a few after leaving his position, Sir Matthew Hale died30 . With a man who led such a life as he did, there is always the question of the kind of legacy he left.
The legacy of Sir Matthew Hale is complicated. As mentioned previously, these days he is criticized for believing in such a thing as witchcraft, and was known for condemning people to death on account of being witches31 . Furthermore, he did not believe that marital rape was possible, something which would have far reaching consequences, as his reasoning was cited in the 1991 R. v. R. court case32 . It was that court case, however, which overturned this idea33 . For the most part, however, he is mostly known for the legal works he wrote, including: History and Analysis of the Common Laws of England, The Jurisdiction of the Lords’ House, The Prerogatives of the King, and History of the Pleas of the Crown34 . He, however, did other writings as well, including some over science and natural philosophy, religion, history, and even dabbled in poetry, such as his piece “Christmas Day XI”35 . In fact, each time Christmas came around Hale would write a poem in honor of it36 . Finally, he is also known today as easily one of the best scholars on the subject of English common law, and, despite serving as a judge for a time, is remembered better now as a jurist37 .
In conclusion, who could have known that in England, in the year 1609 there would be born such an illustrious man38 ? Even if he has had some entirely justified criticisms to his beliefs over the years, one cannot deny the fact that he was an absolutely incredible practitioner of law, despite some of his more controversial ideas39 . It took bravery in order to do his best to remain impartial even when political division had gone to such incredible extremes during the English Civil War40 . In the sixty-seven years of his life, he remained faithful to two kings, two Cromwells, the Parliament, and to his country41 . Beginning with his days as a student of Magdalen College, Oxford, going through his time as a jurist during the English Civil War, all the way to his service of England’s courts and the Parliament, Sir Matthew Hale truly was an incredible player on history’s stage42 .
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Works Cited
Cannon, John. “Hale, Sir Matthew.” The Oxford Companion to British History. 2002. Encyclopedia.com. 19 Oct. 2015 (http://www.encyclopedia.com).
Cromartie, Alan. “Page Title – Oklahoma State University.” Oxford Dictionary of National Biography. Oxford University, 2004. Web. 19 Oct. 2015. (http://www.oxforddnb.com.argo.library.okstate.edu/view/article/11905).
Flanders, Henry. “Sir Matthew Hale.” University of Pennsylvania Law Review (1908). Penn Law Legal Scholarship Repository. University of Pennsylvania Law School, 1908. Web. 19 Oct. 2015. (http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6758&context=penn_law_review).
Helms, M. W. “HALE, Matthew (1609-76), of Alderley, Glos. and Lincoln’s Inn.” House of Parliament Online. Web. 19 Oct. 2015. (http://www.historyofparliamentonline.org/volume/1660-1690/member/hale-matthew-1609-76).
Yale, David. “Sir Matthew Hale | Biography – English Legal Scholar.”Encyclopedia Britannica Online. Encyclopedia Britannica. Web. 19 Oct. 2015. (http://www.britannica.com/biography/Matthew-Hale).