Sir Matthew HaleSL (1 November 1609 — 25 December 1676) was an influential English barrister, judge and lawyer most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. 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 Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), 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 Serjeant-at-Law in a dispute over his estate. On 8 November 1628 he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and conceived the defence Charles used. Despite the Royalist loss, Hale's reputation for integrity and his political neutrality saved him from any repercussions, and under the Commonwealth of England he was made Chairman of the Hale Commission, which investigated law reform. Following the Commission's dissolution, Oliver Cromwell made him a Justice of the Common Pleas.
Afterwards he remained in Albany, and practiced law there with his brother-in-law Samuel Hand (1833–1886), and Charles S. Fairchild. In 1877, Hale married Mary Lee, and they had five children. In 1883, the University of Vermont conferred on him an honorary degree of LL.D.. In 1886, he was appointed by Governor David B. Hill to a three-member State commission to find a more humane alternative to hanging. Two years later they recommended electrocution.
In 1840, Hale married Sophia Clode, which whom he would have three children before her death in 1845. He became Archdeacon of Adelaide in 1847. The following year he married Sabina, daughter of John and Georgiana Molloy. In 1855, Hale returned to England without his family. The following July he arrived in Western Australia on the Guyon and, in November, his family arrived there from South Australia. In March 1857, Hale returned to England with his family, where on 25 July 1857 he was consecrated as the first Bishop of Perth at the Lambeth Palace Chapel.
The roots of the marital rape exception, which was also covered in the petitioners’ arguments, can be traced back to 17th-centuryEnglish jurist MatthewHale... This legislation brought marital rape within the ambit of criminal sanction ... ....
He showed that people like Madison would have agreed with the leading jurist MatthewHale, who explained in 1713 that although “Use and custom” create “Variations” in the law, nevertheless, “They are ...
A neat circle is joined when Jones learns that MatthewHale, a jurist and barrister whose writings greatly influenced the outcome of the Salem trials, was cited in the ruling that overturned Roe v Wade in 2022.skip past newsletter promotion.
Elizabeth Warren (D-Mass.) said ... His draft opinion came under sharp criticism for citing 17th-centuryEnglish jurists Sir Edward Coke and Sir MatthewHale to claim a historical tradition of treating abortion as a crime ... Sen ... He mocks ethics,” Sen ... ....
and his cohort stripped women of bodily autonomy in overturning long-settled abortion rights two years ago, the conservative Catholic jurist resurrected the discredited opinions of British judge MatthewHale for support.
The bill now heads to Gov. Mike DeWine, who is expected to sign it, according to his spokesman ... The article credited 17th-century jurist Sir MatthewHale with giving oxygen to the "unsupported, extrajudicial" idea that husbands can't rape their wives.
EnglishmanMatthewHale famously considered women to become their husband’s possession on marriage, a belief written into English common law, exported to the colonies and later abandoned over centuries in many countries – but not in India.
Wade a year ago is but one example, wherein the justice cites a 17th-century jurist — Sir MatthewHale — who not only took issue with women “talking loud” but essentially provided legal cover for men ...
What really was on trial in the E ... “” ... Wade relied in part on the thinking of 17th century jurist MatthewHale, who presided over witch trials resulting in women being put to death. (Hale also believed that women could not be raped by their husbands.) ... .
References to the Comstock Act are littered throughout Texas federal district court JudgeMatthew Kacsmaryk’s ruling ... “” ... Wade on the opinions of disgraced 17th century jurist Matthew Hale who presided over witchcraft trials ... .
In that leaked opinion, Samuel Alito cited MatthewHale, a jurist who believed that dreams counted as evidence and had women executed for witchcraft as part of his legal reasoning.
The Ms ... Wade ... . ... ... Among other notable features of that historic and deeply controversial decision, JusticeSamuel Alito, writing for the conservative majority, invoked the deeply misogynous 17th centuryEnglish jurist and legal theorist MatthewHale.
The Virginian-Pilot
13 Mar 2024
The Virginian-Pilot
13 Mar 2024