State Trials, Political and Social. Volume 1 (of 2)
History
State Trials, Political and Social. Volume 1 (of 2)
Trials -- Great Britain
[50] Sir Matthew Hale (1609-1676) was the grandson of a Gloucestershire
weaver. He was educated as a Puritan and entered Magdalen Hall, Oxford,
in 1626. He here suddenly dropped his Puritan habits, and would have
become a soldier in the Low Countries, but that, having to consult the
learned Glanville as to legal proceedings taken against him which
endangered his patrimony, he was persuaded to become a law student. He
again resumed a quiet method of life, and owing to the slovenliness of
his dress narrowly escaped being shipped to the West Indies by a
press-gang. He was called in 1637, and already enjoying a considerable
reputation at once acquired a lucrative practice. He devilled for Noy,
but according to Campbell refused to follow him when he joined the Court
party. He kept clear of politics at the beginning of the Long
Parliament, though courted by both sides. He is said to have taken part
in Strafford's defence; he certainly defended Laud. He took the Covenant
in 1644, and sat in the Westminster Assembly of Divines. He procured
honourable terms for the garrison of Oxford on the capture of that town.
He took the engagement to be true to the Commonwealth in 1649, and
continued to practise, often appearing for the defence in State
prosecutions; particularly for the Duke of Hamilton after the battle of
Worcester. He took a prominent part in the Commission appointed to
reform the laws, which abolished feudal tenures and caused all legal
proceedings to be conducted in English. He became a Justice of the
Common Pleas in 1654, when he was occasionally brought into opposition
to the government. At last he refused to try criminal causes;
particularly that of Colonel Penruddock (see _post_, p. 59). He
supported Cromwell against the sectaries. He was summoned to act as
assessor to Cromwell's House of Lords; but refused to act as a judge
under Richard Cromwell, though he sat in his Parliament. He sat for
Gloucestershire in the Convention Parliament, and took an active part in
the Restoration. He sat at the trial of the Regicides, though not at
Vane's. On Bridgman becoming Chief-Justice of the Common Pleas in 1660,
Hale succeeded him as Chief-Baron, his appointment being due, it is
said, to Clarendon's scheme for having the Comprehension Bill, which he
had drafted, defeated. He became Lord Chief-Justice in 1671, in
succession to Kelyng. He has the reputation of being one of the greatest
judges in English history. He settled satisfactorily all claims arising
out of the rebuilding of London after the great fire; he found himself
unable to help Bunyan, whom he considered to have been unjustly
imprisoned, thereby, according to Campbell, being entitled to some of
the credit attaching to the production of _The Pilgrim's Progress_. On
the failure of his health he retired from the bench in 1676. It may be
of interest to quote Campbell's opinion of his conduct of the present
trial. 'I wish to God,' says that author, 'I could as successfully' (as
Public-domain text, read in full here on John Shaqi.
State Trials, Political and Social. Volume 1 (of 2) — John Shaqi
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