167-585: Sir Matthew Hale SL (1 November 1609 – 25 December 1676) was an influential English barrister , judge and jurist 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
334-589: A Justice of the Common Pleas . Although Hale considered that taking this commission would make others think he supported the Commonwealth, he was persuaded to do so, replacing John Puleston . 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 Court of Common Pleas , one of the three principal Westminster courts, on 31 January 1653, on
501-661: A Serjeant , was a member of an order of barristers at the English and Irish Bar . The position of Serjeant-at-Law ( servientes ad legem ), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest , thus the Serjeants are said to be the oldest formally created order in England. The order rose during
668-565: A conservation area and consisting of listed buildings could not simply add modern structures within the precincts without considerable difficulty of their impact on the current layout and planning objections by interest groups, as well indeed from members of the Inn. The improvement requirements for the Library and teaching activities were partly addressed by demolition of the Under Treasurer's House on
835-423: A Christian; so that he withdrew himself from the inns of court to live on his estate in the country". John Hostettler , 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
1002-599: A Mr. Stanton, the vicar of Wotton known as the "scandalous vicar" due to his extremist puritan views. On 20 October 1626, at the age of 16, Hale matriculated at the University of Oxford as a member of Magdalen Hall , with the goal of becoming a priest. 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 Obadiah Sedgwick , another Puritan, and excelled in both his studies and fencing. Hale also regularly attended church, private prayer-meetings, and
1169-452: A Norman writ from approximately 1300 which identifies Serjeants-at-Law as directly descending from Norman conteurs ; indeed, they were sometimes known as Serjeant-Conteurs. The members of the Order initially used St Paul's Cathedral as their meeting place, standing near the " parvis " where they would give counsel to those who sought advice. Geoffrey Chaucer makes reference to the Serjeants in
1336-578: A Parliament and a single person limited and restrained as the Parliament should think fit", and he later proposed that the English Council of State 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
1503-541: A Serjeant-at-Law would swear. The King's favoured Serjeant would become the King's Premier Serjeant, while the oldest one was known as the King's Ancient Serjeant. For almost all of their history, Serjeants at Law and King's Serjeants were the only advocates given rights of audience in the Court of Common Pleas . Until the 17th century they were also first in the order of precedence in the Court of King's Bench and Court of Chancery , which gave them priority in motions before
1670-530: A barrister. 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]
1837-448: 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
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#17330862304782004-433: A career in the law". 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 the care of Anthony Kingscot, one of his father's relatives. A strong Puritan , Kingscot had Hale taught by
2171-412: 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. Although in common use, Robert Hale apparently saw this as deceptive and "contrary to the exactness of truth and justice which became
2338-568: A complete set of Parliamentary records. The Library is open to all students and barristers of Lincoln's Inn, as well as outside scholars and solicitors by application. The Library is primarily a reference library, so borrowing is restricted. The only other lending service available is offered by Middle Temple Library, which permits barristers and students of any Inn, on production of suitable ID, to borrow current editions of textbooks that are not loose-leaf – but not any other material – half an hour before closing for return by half an hour after opening
2505-507: A course of bloodletting 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 £1,000 a year. He was replaced as Chief Justice by Richard Raynsford . After suffering for ten more months, Hale died on 25 December 1676 at his country home, The Lower House (now
2672-598: A court. The Master of the Rolls sat there between 1717 and 1724 while the Rolls Court was being rebuilt, and Lord Talbot used it as a court in 1733. From 1737 onward it was used to house the Court of Chancery , a practice that ended with the opening of the Royal Courts of Justice . The Hall's most famous use as a court is in the start of Charles Dickens ' Bleak House , which opens with "London. Michaelmas Term lately over, and
2839-454: A curfew at 9 pm, with a stroke for each year of the current Treasurer 's age. The bell would also chime between 12:30 and 1:00 pm when a Bencher had died. Inside the chapel are six stained glass windows, three on each side, designed by the Van Linge family. The chapel's first pipe organ was a Flight & Robson model installed in 1820. A substantial William Hill organ replaced it in 1856;
3006-706: A distinguished judge. Around the room were the coats of arms of various Serjeants, which were given to their descendants when the Inn was finally sold. When the Fleet Street Inn was abandoned, this location became the sole residence of the Serjeants. With the demise of the order after the Supreme Court of Judicature Act 1873 , there was no way to support the Inn, and it was sold in 1877 for £57,100. The remaining Serjeants were accepted into their former Inns of Court , where judicial Serjeants were made Benchers and normal Serjeants barristers. The process of being called to
3173-620: A feast to celebrate, and gave out rings to their close friends and family to mark the occasion. The King, the Lord Chancellor and other figures also received rings. The major courts would be suspended for the day, and the other Serjeants, judges, leaders of the Inns of Court and occasionally the King would attend. Serjeant's Inn and the Inns of Court were not big enough for such an occasion, and Ely Place or Lambeth Palace would instead be used. The feasts gradually declined in importance, and by
3340-596: A feeling of pain at finding [Hale] 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 Chief Baron of the Exchequer on 7 November 1660, replacing Sir Orlando Bridgeman . Hale had no wish to receive
3507-567: A field or ", which is a purple lion on a gold field. Around 1699, Sir Richard Holford discovered the Inn's own coat of arms on a manuscript, granted to them in 1516. The arms are "azure seme de fer moline or, on a dexter canton or a lion rampant purpure". Following validation using some heraldry books, the arms were placed first in the council chamber and then in the library. Since then, they have been used continuously in Lincoln's Inn. The office of Preacher of Lincoln's Inn or Preacher to Lincoln's Inn
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#17330862304783674-525: A judge of the Common Pleas. He died in 1921. The equivalent Irish rank of Serjeant-at-law survived until 1919. Alexander Sullivan , the last Irish serjeant, spent the second half of his career at the English bar, and as a matter of courtesy was always addressed as Serjeant. Serjeant's Inn was a legal inn restricted to Serjeants-at-Law. It operated from three locations, one in Holborn, known as Scroope's Inn, which
3841-460: A large collection of rare books, including the Hale Manuscripts, the complete collection of Sir Matthew Hale , which he left to the Inn on his death in 1676. The Library also contains over 1,000 other rare manuscripts, and approximately 2,000 pamphlets. The total collection of the Library, including textbooks and practitioners works, is approximately 150,000 volumes. The collection also includes
4008-417: A lawyer, with Hale describing lawyers as "a barbarous set of people unfit for anything but their own trade". His plans to become a soldier died after a legal battle concerning his estate, in which he consulted John Glanville . Glanville successfully persuaded Hale to become a lawyer, and, after leaving Oxford at the age of 20 before obtaining a degree, he joined Lincoln's Inn on 8 November 1628. Fearing that
4175-507: A loss of its partially democratic nature, first in 1494 when it was decided that only Benchers and Governors should have a voice in calling people to the Bar and, by the end of the sixteenth century, Benchers were almost entirely in control. Admissions were recorded in the black books and divided into two categories: Clerks ( Clerici ) who were admitted to Clerks' Commons; and Fellows ( Socii ) who were admitted to Fellows' Commons. All entrants swore
4342-511: A man could not be charged with marital rape , 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 cohabiting with a woman. Modern scholars also offer criticism of Hale for his execution of at least two women for witchcraft in the Bury St Edmunds witch trials and his belief that capital punishment should extend to those as young as fourteen. Hale
4509-509: 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 [Charles I]" and "from thence to digest such propositions, as they should think fit to be sent over to [Charles II]" who was still in Breda. On 1 May Parliament restored
4676-410: A model designed at the peak of his skill, with thick lead and tin pipes, a set of pedals, and three manuals. During its service years it was rebuilt nine times, the final overhaul carried out in 1969. In the 2000s the organ, increasingly unreliable, was seen to have little unaltered initial material, with little hope of returning it to original condition, and it was replaced with a Kenneth Tickell model,
4843-543: A new Parliament on 27 January 1659, and Hale was returned as MP for Oxford University . 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. At the same time, Charles II made the Declaration of Breda , and when the Convention Parliament met on 25 April 1660 (with Hale
5010-547: A new creation which gave him precedence over the Serjeants. This was not a formal creation, in that he was not granted a patent of appointment, but in 1604 James I saw fit to finally award this. The creation of Queen's (or King's) Counsel was initially small; James I created at least one other, and Charles I four. Following the English Restoration this increased, with a few appointed each year. The largest change came about with William IV , who appointed an average of nine
5177-451: A new one in 1608. The current chapel was built between 1620 and 1623 by Inigo Jones , and was extensively rebuilt in 1797 and again in 1883. Other repairs took place in 1685, after the consultation of Christopher Wren , and again in 1915. The chapel is built on a fan-vaulted, open undercroft and has acted (sometimes simultaneously) as a crypt, meeting place and place of recreation. For many years only Benchers were allowed to be buried in
Matthew Hale (jurist) - Misplaced Pages Continue
5344-504: A place of legal education thanks to a decree in 1464, which required a Reader to give lectures to the law students there. During the 15th century, the Inn was not a particularly prosperous one, and the Benchers, particularly John Fortescue , are credited with fixing this situation. In 1920, Lincoln's Inn added its first female member: Marjorie Powell . Lincoln's Inn had no constitution or fundamental form of governance, and legislation
5511-539: 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
5678-525: 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 husband, which she cannot retract". This exception to the law of rape existed in England and Wales until 1991, primarily due to his influence, until it was repealed by the House of Lords in R v R . At the same time as he said a husband cannot be guilty of rape, Hale eliminated
5845-497: 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 John Archer . On 3 September 1654, the First Protectorate Parliament
6012-568: A variety of texts, treatises and manuscripts, the most major of which are The History and Analysis of the Common Law of England (published 1713), and the Historia Placitorum Coronæ , or The History of the Pleas of the Crown (published 1736). The Analysis 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,
6179-524: A year, and following him approximately 12 were created a year, with an average of 245 at any one time. Every new Queen's Counsel created reduced the Serjeants in importance, since even the most junior QC took precedence over the most senior Serjeant. Although appointments were still made to the Serjeants-at-Law, the King's Serjeant and the King's Ancient Serjeant, and several Serjeants were granted patents of precedence which gave them superiority over QCs,
6346-509: Is Duke of Kent who was elected after the death of the previous incumbent Princess Margaret . In 1943, when she was elected as Royal Bencher, Queen Mary became the first female Bencher in any Inn. His Royal Highness Prince Andrew Duke of York was elected a Royal Bencher in December 2012. Lincoln’s Inn’s 11-acre (4.5-hectare) estate comprises collegiate buildings, barristers’ chambers, commercial premises and residential apartments. The Inn
6513-506: Is believed to be named after Henry de Lacy, 3rd Earl of Lincoln . During the 12th and early 13th centuries, the law was taught in the City of London , primarily by the clergy. Two events ended this form of legal education: firstly, a papal bull in 1218 prohibited the clergy from teaching the common law , rather than canon law ; and secondly, a decree by Henry III of England on 2 December 1234 that no institutes of legal education could exist in
6680-566: Is clear that an infant above fourteen years is equally subject to capital punishments as others of full age; for it is presumptio juris , that after fourteen years they are doli capaces , and can discern between good and evil". In the 19th century, Andrew Amos wrote a critique of the Historia titled Ruins of Time exemplified in Sir Matthew Hale's History of the Pleas of the Crown , which both criticised and praised Hale's work while directing
6847-420: 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, 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
Matthew Hale (jurist) - Misplaced Pages Continue
7014-458: 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 Coke 's Institutes of the Lawes of England , but was far more methodical; James Fitzjames Stephen said that Hale's work "was not only of
7181-505: Is situated between Chancery Lane and Lincoln's Inn Fields, north of Inner and Middle Temples and south of Gray's Inn . Lincoln's Inn is surrounded by a brick wall separating it from the neighbourhood; this was first erected in 1562, and it is said that Ben Jonson did some of the brickwork. The only surviving part is that on the western side between the North Lawn and the Fields. As well as
7348-537: Is situated in Holborn , in the London Borough of Camden , just on the border with the City of London and the City of Westminster , and across the road from London School of Economics and Political Science , Royal Courts of Justice and King's College London 's Maughan Library . The nearest tube station is Holborn tube station or Chancery Lane . Lincoln's Inn is the largest Inn, covering 11 acres (4.5 hectares). It
7515-546: The Canterbury Tales , General Prologue , writing: A serjeant of the law, ware and wise, That often hadde ben at the parvis, Ther was also, full rich of excellence. Discreet he was and of great reverence, He sened swiche; his wordes were so wise, Justice he was ful often in assise, By patent, and by pleine commissiun; For his science, and for his high renoun, Of fees and robes had he many on. Firm evidence for existence of legal serjeants in England dates from
7682-543: The Yale Law Journal , 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". Hale's writings on witchcraft and marital rape were extremely influential. In 1662, he was involved in " one of the most notorious of the seventeenth century English witchcraft trials ", where he sentenced two women (Amy Duny and Rose Cullender) to death for witchcraft. The judgment of Hale in this case
7849-457: The Barebone's Parliament . 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". Oliver Cromwell , noting Hale's abilities, asked him to become
8016-522: The Great Seal of the Realm , and wore a distinctive dress, the chief feature of which was the coif , a white lawn or silk skullcap . From the 14th century onwards, a black skullcap was worn over the coif, and when wigs were adopted by the legal profession, the serjeants continued to wear the coif and skullcap in the form of small circular patches of black fabric over white fabric on top of their wigs. Although
8183-447: The House of Lords , and were not allowed to act in cases against the Crown or do anything that would harm it; in 1540 Serjeant Browne was heavily punished for creating a tax avoidance scheme. The King's Serjeants would wear a black Coif with a narrow strip of white, unlike the all-white Coif of a normal Serjeant. The King's Serjeants were required to swear a second oath to serve "The King and his people", rather than "The King's people" as
8350-721: The Inns of Court , where they would hear a speech from the Lord Chancellor or Lord Chief Justice and be given a purse of gold. The Coif was then placed on the Serjeant's head. The Serjeants were required to swear an oath, which was that they would: serve the King's people as one of the Serjeants-at-law, and you shall truly counsel them that you be retained with after your cunning; and you shall not defer or delay their causes willingly, for covetness of money, or other thing that may turn you to profit; and you shall give due attendance accordingly. So help you God. The new Serjeants would give
8517-533: The Rump Parliament 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 consideration what inconveniences there are in the law; and how the mischiefs which grow from delays,
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#17330862304788684-588: The Treason Act 1351 had abolished all common law treasons. John Wilde , 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, [Wilde]. 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 Act of Attainder which declared him guilty, and sentenced him to death. After
8851-537: The order of precedence King's Serjeants came before all other barristers, even the Attorney-General , until the introduction of King's Counsel . This state of affairs came to an end as a result of two changes – firstly, during the reign of James I , when a royal patent gave the Attorney General precedence over all King's Serjeants "except the two ancientiest", and secondly in 1814 when the Attorney General of
9018-425: The "right" side of any case; John Campbell 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". Despite this, he was wealthy enough to purchase land worth £4,200 in 1648 (equivalent to £694,071 in 2023). He
9185-453: The 1270s there were approximately 20 recorded Serjeants; by 1290, 36. This period also saw the first regulation of Serjeants, with a statutory power from 1275 to suspend from practise any Serjeant who misbehaved (enacted as chapter 29 of the Statute of Westminster 1275 ). The exclusive jurisdiction Serjeants-at-Law held over the Court of Common Pleas slowly came about during the 1320s, squeezing
9352-430: The 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel or "Queen's Counsel Extraordinary" (King's Counsel during a male monarch's rule) during the reign of Elizabeth I , the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during
9519-738: The 17th century they were small enough to be held in the Inns. The last recorded feast was in 1736 in Middle Temple , when fourteen new Serjeants were raised to the Coif. The traditional clothing of a Serjeant-at-Law consisted of a coif , a robe and a furred cloak. The robe and cloak were later adapted into the robe worn by judges. The cut and colour of this robe varied – records from the King's Privy Wardrobe show judges being instructed to wear robes of scarlet, green, purple and miniver , and Serjeants being ordered to wear
9686-504: The 1960s, was originally named "Hale Court", between the east range of New Square name changed in the 1990s. The buildings of Lincoln's Inn in Old Square, New Square and Stone Buildings are normally divided into four or five floors of barristers' chambers , with residential flats on the top floor. The buildings are used both by barristers and solicitors and other professional bodies. The Old Hall dates from at least 1489, when it replaced
9853-487: The 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The last appointed was Nathaniel Lindley , later a Law Lord, who retired in 1905 and died in 1921. The number of Irish Serjeants-at-law was limited to three (originally one, later two). The last appointment was A. M. Sullivan in 1912; after his 1921 relocation to
10020-520: The 19th century, and socially the Serjeants ranked above Knights Bachelor and Companions of the Bath . Within the Serjeants-at-Law were distinct orders: the King's Serjeants, particularly favoured Serjeants-at-Law, and within that the King's Premier Serjeant, the Monarch's most favoured Serjeant, and the King's Ancient Serjeant, the oldest. Serjeants (except King's Serjeants) were created by writs of summons under
10187-620: The Bar Musical Society. The lower ground floor was divided by a mezzanine in 2007 and the upper part became the Members Common Room for informal dining and with a lounge. It replaced the Junior Common Room, Barristers Members Room and Benchers Room as a social facility. In effect it is a club providing bar and restaurant facilities for all "entitled" persons, meaning members of the Inn and its bona fide tenants. The Library
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#173308623047810354-451: The City of London. The secular lawyers migrated to the hamlet of Holborn , near to the law courts at Westminster Hall and outside the City. As with the other Inns of Court, the precise date of founding of Lincoln's Inn is unknown. The Inn can claim the oldest records – its "black books" documenting the minutes of the governing council go back to 1422, and the earliest entries show that the inn
10521-526: The Coif) comes from. The coif was white and made of either silk or lawn . A Serjeant was never obliged to take off or cover his coif, not even in the presence of the King, except as a judge when passing a death sentence. In that situation he would wear a black cap intended to cover the coif, although it is often confused with the coif itself. When wigs were first introduced for barristers and judges it caused some difficulty for Serjeants, who were not allowed to cover
10688-554: The Common Pleas . Hale sat in Parliament, either in the Commons or the Upper House , in every Parliament from the First Protectorate Parliament to the Convention Parliament , and following the Declaration of Breda was the Member of Parliament who moved to consider Charles II 's reinstatement as monarch, sparking the English Restoration . Under Charles, Hale was made first Chief Baron of
10855-416: The Common Pleas allowed other lawyers to gain advocacy experience and work, drawing it away from the Serjeants, and at the same time the few Serjeants could not handle all the business in the Common Pleas, allowing the rise of barristers as dedicated advocates. The decline of the Serjeants-at-Law started in 1596, when Francis Bacon persuaded Elizabeth I to appoint him "Queen's Counsel Extraordinary" (QC),
11022-485: The Commons until they signed 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. A Second Protectorate Parliament was called on 17 September 1656, which wrote a constitution titled Humble Petition and Advice that called for the creation of an Upper House to perform
11189-691: The Court of King's Bench sitting every day from eight to 12, and the Lord 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
11356-498: The Crown, is considered "of the highest authority", while his Analysis of the Common Law is noted as the first published history of English law and a strong influence on William Blackstone 's Commentaries on the Laws of England . Hale's jurisprudence struck a middle-ground between Edward Coke 's "appeal to reason" and John Selden 's "appeal to contract", while refuting elements of Thomas Hobbes 's theory of natural law . Hale wrote that
11523-452: The Crypt, with the last one being interred on 15 May 1852. Before that, however, it was open to any member or servant of the society; in 1829 a former Preacher was interred, and in 1780 William Turner, described as "Hatch-keeper and Washpot to this Honble. Society", was buried. The chapel has a bell said to date from 1596, although this is not considered likely. Traditionally, the bell would chime
11690-559: The Earl, moved to the estate of Ralph Neville , the Bishop of Chichester , near Chancery Lane . They retained Thavie's and Furnival's Inn, using them as "training houses" for young lawyers, and fully purchased the properties in 1550 and 1547 respectively. In 1537, the land Lincoln's Inn sat on was sold by Bishop Richard Sampson to a Bencher named William Suliard, and his son sold the land to Lincoln's Inn in 1580. The Inn became formally organised as
11857-505: The Ecclesiastical Courts. The Serjeants-at-Law also had social privileges; they ranked above Knights Bachelor and Companions of the Bath , and their wives had the right to be addressed as "Lady —", in the same way as the wives of knights or baronets . A Serjeant made a King's Counsel or judge would still retain these social privileges. As the cream of the legal profession, Serjeants earned higher fees than normal barristers. In
12024-463: The English bar he remained "Serjeant Sullivan" as a courtesy title . The Serjeants had for many centuries exclusive jurisdiction over the Court of Common Pleas , being the only lawyers allowed to argue a case there. At the same time, they had rights of audience in the other central common law courts (the Court of King's Bench and Exchequer of Pleas ) and precedence over all other lawyers. Only Serjeants-at-Law could become judges of these courts until
12191-441: The Exchequer and then Chief Justice of the King's Bench . 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. Hale's published works were particularly influential in the development of English common law . His Historia Placitorum Coronæ , dealing with capital offences against
12358-516: The Inns of Court, Serjeant's Inn was a private establishment similar to a gentlemen's club . The Inn on Fleet Street existed from at least 1443, when it was rented from the Dean of York. By the 16th century it had become the main Inn, before being burnt down during the Great Fire of London . It was rebuilt by 1670, but the end finally came in 1733. The Fleet Street Inn had fallen into a "ruinous state", and
12525-545: 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 practising in the politically charged environment of the English Civil War and primarily defending opponents of the resulting Commonwealth of England , Hale's reputation did not suffer. First, he largely kept out of
12692-530: 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 Roman civil law and jurisprudence . Outside of the law, Hale studied anatomy, history, philosophy and mathematics. He refused to read
12859-658: The King, and Charles II landed in Dover three weeks later, prompting the English Restoration . Hale's first task in the new regime was as part of the Special Commission of 37 judges who tried the 29 regicides not included in the Declaration of Breda, between 9 and 19 October 1660. All were found guilty of treason, and 10 of them were hanged, drawn and quartered . Sitting as a judge in this trial led to some viewing Hale as hypocritical, with F.A. Inderwick later writing "I confess to
13026-547: The Lord Chancellor sitting in Lincoln's Inn Hall". It is now used for examinations, lectures, social functions and can be hired for private events. In 2010 the Hall was refurbished and its Crypt was improved and made more accessible by the installation of a staircase from the outside. The first mention of a chapel in Lincoln's Inn comes from 1428. By the 17th century, this had become too small, and discussions started about building
13193-620: The North of England after his creation in 1547 and was not known in Westminster, where the Common Pleas was located. This was also a time of great judicial success for the Serjeants; since only Serjeants could be appointed to the common law courts, many also sat in the Exchequer of Pleas , a court of equity . This period was not a time of success for the profession overall, however, despite the brisk business being done. The rise of central courts other than
13360-562: The Queen to overturn it as invalid. The Serjeants only enjoyed their returned status for another six years, however, before Parliament intervened. The Practitioners in Common Pleas Act 1846 , from 18 August 1846, allowed all barristers to practise in the Court of Common Pleas. The next and final blow was the Judicature Act 1873 , which came into force on 1 November 1875. Section 8 provided that common law judges need no longer be appointed from
13527-616: The Serjeants are extinct as a class of advocates, the title The Serjeant-at-Law in the Common Hall is still given to the judge generally known as the Common Serjeant of London . The history of Serjeants-at-Law goes back to within a century of the Norman Conquest ; Alexander Pulling argues that Serjeants-at-Law existed "before any large portion of our law was formed", and Edward Warren agrees that they existed (in Normandy), supporting him with
13694-439: The Serjeants had been unable to obtain a renewal of their lease. They abandoned the property, and it returned to the Dean. The property on Chancery Lane consisted of a Hall, dining room, a library, kitchens and offices for the Serjeants-at-Law. This Inn was originally known as "Skarle's Inn" from about 1390, named after John Scarle , who became Master of the Rolls in 1394. By 1404 it was known as "Farringdon's Inn", but although
13861-415: The Serjeants were in full possession by 1416 it was not until 1484 that the property became known as Serjeant's Inn. Newly promoted Serjeants had to pay £ 350 in the 19th century, while those promoted solely to take up judicial office had to pay £500. The Hall was a large room hung with portraits of various famous judges and Serjeants-at-Law, with three windows on one side each containing the coat of arms of
14028-433: The Serjeants-at-Law, removing the need to appoint judicial Serjeants. With this Act and the rise of the Queen's Counsel, there was no longer any need to appoint Serjeants, and the practice ended. The last English serjeant at the bar, the "rather undistinguished" Frederick Lowten Spinks , died in 1899. The last English serjeant was Nathaniel Lindley, Baron Lindley , who had been made a serjeant so that he could be appointed
14195-460: The Square fees. Stone Buildings was built between 1775 and 1780 using the designs of Robert Taylor , with the exception of No. 7, which was completed the range in the same style in 1845. The design was originally meant to be part of a massive rebuilding of the entire Inn, but this was never completed. Stone Buildings were seriously damaged during The Blitz , but their external appearance remains much
14362-484: The Victorian era saw a decline in appointments. The rule that all common law judges must be Serjeants was circumvented: anyone chosen to be a judge would be appointed a Serjeant, and immediately thereafter a judge. In 1834 Lord Brougham issued a mandate which opened up pleading in the Court of Common Pleas to every barrister , Serjeant or not, and this was followed for six years until the Serjeants successfully petitioned
14529-616: The bar by Lincoln's Inn. On 13 December 2018, HM Queen Elizabeth II along with the Duke of York (Royal Bencher of the Inn) officially opened the Ashworth Centre and re-opened the Great Hall following its renovation. The Great Hall was originally opened by Queen Victoria in 1845. For many years, the Inn used the arms of the 3rd Earl of Lincoln as their own; in blazon , a "lion rampant purpure in
14696-455: The benches in the main hall of the Inn, which were used for dining and during moots , and the term originally had no significance. In Lincoln's Inn, the idea of a Bencher was believed to have begun far earlier than elsewhere; there are records of four Benchers being sworn in 1440. William Holdsworth and the editor of the Black Books both concluded that Benchers were, from the earliest times,
14863-516: The body consisting of those members of the Inn elected to high judicial office, those who have sat as King's Counsel for six or seven years and some of the more distinguished "junior" barristers (those barristers who are not King's Counsel). There are also "additional benchers"—members of the Inn who have been successful in a profession other than the law, who have the rights of a normal bencher except that they cannot hold an office, such as Treasurer. In addition there are "honorary benchers", who hold all
15030-455: The book dealt with the history of English law and some suggestions for reform. William Blackstone , when writing his Commentaries on the Laws of England , 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
15197-467: The capture of Charles I , 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. Edward Foss writes, based on the statement of Charles Runnington , 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. When it became clear that
15364-622: The case of R v Kingston , 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
15531-400: 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. The Commission recommended various changes, such as reducing the use of
15698-416: The coif. Wigmakers got around this by adding a small white cloth to the top of the wig, representing the coif. A small black piece of cloth was worn over the white cloth, representing the skullcap that the serjeants had begun wearing over their coifs in the 14th century. A King's or Queen's Serjeant was a Serjeant-at-Law appointed to serve the Crown as a legal adviser to the monarch and their government in
15865-464: The common law whose supremacy it was their duty to uphold". J.H. Corbett, wrote in the Alberta Law Quarterly 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. Hale's posthumous legacy is his written work. He wrote
16032-408: The common law; "Regimes come and go, the common law abides...For Hale...legal continuity was vital for civic identity". Hale has frequently been compared with Edward Coke . 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
16199-428: 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". William Blackstone later wrote that "if judgment of death be given by a judge not authorized by lawful commission, and execution
16366-410: 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 equity
16533-566: The court. Serjeants also had the privilege of being immune from most normal forms of lawsuit – they could only be sued by a writ from the Court of Chancery. It was held as an extension of this that servants of Serjeants could only be sued in the Common Pleas. As part of the Court of Common Pleas the Serjeants also performed some judicial duties, such as levying fines. In exchange for these privileges, Serjeants were expected to fulfil certain duties; firstly, that they represent anybody who asked regardless of their ability to pay, and secondly that, due to
16700-444: 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
16867-461: The death penalty, allowing defendants access to legal counsel, legal aid and the abolition of peine forte et dure 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 original writs and to develop procedures for civil marriages) were brought into force through statutes by
17034-490: The entire Society. The Benchers were still subordinate to the Governors, however; a note from 1505 shows the admission of two Benchers "to aid and advice for the good governing of the Inn, but not to vote". The practice of using Governors died out in 1572 and, from 1584, the term was applied to Benchers, with the power of a Governor and a new Bencher being synonymous. There are approximately 296 Benchers as of November 2013, with
17201-485: The following day. The Gatehouse from Chancery Lane is the oldest existing part of the Inn, and was built between 1518 and 1521. The Gatehouse was mainly built thanks to the efforts of Sir Thomas Lovell , the Treasurer at the time, who provided at least a third of the funds and oversaw the construction itself—as a result, his coat of arms hang on the gate, along with those of the Earl of Lincoln and Henry VIII (the king at
17368-460: The foundation stone laid on 20 April 1843 by James Lewis Knight-Bruce , the Treasurer. The building was completed by 1845, and opened by Queen Victoria on 30 October. The Hall is 120 feet (37 metres) long, 45 ft (14 m) wide, and 62 ft (19 m) high, much larger than the Old Hall. The Great Hall is used for the call to the Bar , as a dining place and for concerts arranged through
17535-467: The fountain was funded by David Shirley. The Jubilee fountain is a two tier fountain centered in New Square. The top level of the fountain creates arches in the air with the water, and the lower level has complementary tiny fountains. A photo of the fountain can be found on the designer's website. The Inn self-funded a major improvement and extension of its facilities between 2016 and 2018. The Inn being
17702-488: The governors of the Inn, unlike other Inns who started with Readers . A. W. B. Simpson , writing at a later date, decided based on the Black Books that the Benchers were not the original governing body, and that the Inn was instead ruled by Governors (or gubernatores ), sometimes called Rulers, who led the Inn. The Governors were elected to serve a year-long term, with between four and six sitting at any one time. The first record of Benchers comes from 1478, when John Glynne
17869-453: The highest authority but shows a depth of thought which puts it in quite a different category from Coke's Institute ... [it] 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, insanity and idiocy , the defence of drunkenness, capital offences, treason, homicide and theft. Hale endorses the application of capital punishments to children in Historia , writing that "it
18036-508: 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 by dissolving the Parliament on 4 February 1658. On 3 September 1658, Oliver Cromwell died and was replaced by his son, Richard Cromwell . Richard Cromwell summoned
18203-431: 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. By 1675, Hale had begun to suffer from ill-health; his arms became swollen, and although
18370-559: The knighthood that accompanied this appointment and so tried to avoid being near the King; in response, the Lord Chancellor Lord Clarendon invited him to his house, where the King was present. Hale was knighted on the spot. 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
18537-458: The law, and much of Hale's written work is concerned with theology and science as well as legal theory. 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 to accept unjust cases, and always tried to be on
18704-466: The law, as well for the soundness of his learning as for the excellence of his life". Similarly, John Campbell in his Lives of the Chief Justices of England , wrote that Hale was "one of the most pure, the most pious, the most independent, and the most learned" of judges. In 1908, Henry Flanders, described Hale in the University of Pennsylvania Law Review , during his lifetime as "the most learned,
18871-464: The main criticism at the judges and lawyers who cited the Historia without considering that it was dated. Hale also reorganised the first of Coke's Institutes , which dealt with Thomas de Littleton 's Treatise on Tenures ; 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. Harold J. Berman , writing in
19038-453: The major buildings discussed below, the Inn consists of: Old Square, Old Buildings, Stone Buildings and Hardwicke buildings. First built in 1683, New Square, sometimes known as Serle Court, finished in about 1697. New Square was originally named Serle's Court because it was built as a compromise between the Inn and Henry Serle over ownership of the land. A compromise was made in 1682, and Serle built 11 brick sets of chambers on three sides of
19205-517: The members of the Inn killed in the First World War and World War 2. Old Square and Old Buildings were built between 1525 and 1609, initially running between numbers 1 and 26. Although 1 exists near the Gatehouse, the others now only run from 16 to 24, with some buildings having been merged to the point where the entrances for 25 and 26 now frame windows, not doorways. Hardwicke Buildings was built in
19372-531: The most able, the most honorable man to be found in the profession of the law". Hale's writings have been cited by the US Supreme Court on numerous occasions. Justice Harry Blackmun cited Hale in " Roe v. Wade " . Justices Elena Kagan and Stephen Breyer in " Kahler v. Kansas " . In 2022, Hale's opinion on abortion was cited by Samuel Alito in his opinion of Dobbs v. Jackson Women's Health Organization , generating political controversy. In 1993, in
19539-430: The new organ installed during 2009–2010. The chapel is used for concerts throughout the year. The Great Hall, or New Hall, was constructed during the 19th century. The Inn's membership had grown to the point where the Old Hall was too small for meetings, and so the Benchers decided to construct a new hall, also containing sizable rooms for their use, and a library. The new building was designed by Philip Hardwick , with
19706-532: The news or attend social events, and occupied himself entirely with his studies and visits to church. On 17 May 1636, Hale was called to the Bar by Lincoln's Inn, and immediately became the pupil of William Noy . 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 John Selden , a "man of almost universal learning, whose theories were to dominate much of [Hale's] later thought". Selden persuaded him to continue with his studies outside
19873-461: The north side of the Library, which was a post-WW2 building, replacing it with an extension to the Reading Rooms and Book Stack. The solution of providing a 150-seat Lecture Theatre and Tutorial Rooms was to exploit the space under the large east terrace of the Great Hall. The Inn decided to name the new education suite the Ashworth Centre after Mercy Ashworth, one of the first women to be called to
20040-476: The order of Serjeants-at-Law stayed fairly constant. The traditional method was that the Serjeants would discuss among themselves prospective candidates, and then make recommendations to the Chief Justice of the Common Pleas . He would pass these names on to the Lord Chancellor , who would appoint the new Serjeants. This was intended to provide a way to select possible judges in a period where political favouritism
20207-420: The outer bar of the court); if they were allowed to act they had "passed the bar" towards becoming a Serjeant-at-Law. Despite holding a monopoly on cases in the Court of Common Pleas , Serjeants also took most of the business in the Court of King's Bench . Although required to make the Common Pleas their principal place of work, there is evidence of Serjeants who did not; one, Robert Mennell, worked entirely in
20374-405: The plaster created the risk that the roof would collapse, and between 1924 and 1927 Sir John Simpson dismantled the entire hall, straightening warped timbers, removing the plaster, replacing any unserviceable sections and then putting the entire hall back together. It was reopened on 22 November 1928 by Queen Mary . As well as its use for revels, moots and feasts, the Old Hall was also used as
20541-587: 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. According to a 1978 article by G. Geis in the British Journal of Law and Society , Hale's opinions on witchcraft are closely tied to his writings on marital rape, which are found in the Historia . Geis argues that both arose from misogynistic bias. Serjeant-at-law A Serjeant-at-Law ( SL ), commonly known simply as
20708-453: The principal rooms. Lincoln's Inn has maintained a corps of volunteers in times of war since 1585, when 95 members of the Inn made a pledge to protect Queen Elizabeth against Spain. George III gave the then-temporary unit the epithet "The Devil's Own", which remains attached to the Regiment to this day. There is a large War Memorial between New Square and the North lawn containing the names of
20875-583: The rebuilding of the city. Hale was tasked with sitting in this court, which met in Clifford's Inn , and heard 140 of the 374 cases the court dealt with during its first year in operation. On 18 May 1671, Hale was made Chief Justice of the King's Bench after the death of John Kelynge . Edward Turnour 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
21042-550: The reign of Henry III. As such it is the oldest royally created order; the next is the Order of the Garter , created in 1330. Serjeants at Law existed in Ireland from at least 1302, and were appointed by letters patent . Henry de Bracton claimed that, for the trial of Hubert de Burgh in 1239 the king was assisted by "all the serjeants of the bench", although it is not known who they were. By
21209-520: The reign of King Henry VIII of England. Lincoln%27s Inn The Honourable Society of Lincoln's Inn , commonly known as Lincoln's Inn , is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wales , an individual must belong to one of these inns. The other three are Middle Temple , Inner Temple , and Gray's Inn . Lincoln's Inn
21376-540: The rights of a Bencher except the right to vote and the right to hold an office. These are people of "sufficient distinction" who have been elected by the Inn, and includes people such as Margaret Thatcher , former Prime Minister of the United Kingdom . In common with the other Inns, Lincoln's Inn also has a "Royal Bencher"—a member or members of the Royal Family who have been elected Benchers. The present Royal Bencher
21543-443: The robe, but gradually made its way into the uniform as a whole. John Fortescue described the cape as the "main ornament of the order", distinguished only from the cape worn by judges because it was furred with lambskin rather than miniver. The capes were not worn into court by the advocates, only by the serjeants. The coif was the main symbol of the Order of Serjeants-at-Law, and is where their most recognisable name (the Order of
21710-542: The same oath regardless of category, and some Fellows were permitted to dine in Clerks' Commons as it cost less, making it difficult for academics to sometimes distinguish between the two – Walker, the editor of the Black Books, maintains that the two categories were one and the same. During the 15th century, the Fellows began to be called Masters, and the gap between Masters and Clerks gradually grew, with an order in 1505 that no Master
21877-403: The same place on the 25th day of December in the year of our lord 1676; in the 67th year of his age. 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 Lincoln's Inn . The male line of his family died out in 1784 with the death of Matthew Hale, his great grandson; also
22044-469: The same way as the Attorney-General for England and Wales . The King's Serjeant (who had the postnominal KS, or QS during the reign of a female monarch) would represent the Crown in court, acting as prosecutor in criminal cases and representative in civil ones, and would have higher powers and ranking in the lower courts than the Attorney- or Solicitor General . King's Serjeants also worked as legal advisers in
22211-409: The same. In 1555 new Serjeants were required to have robes of scarlet, brown, blue, mustard and murrey . By the time the order came to an end the formal robes were red, but Mr. Serjeant Robinson recalled that, towards the end days of the order, black silk gowns were the everyday court garb and the red gown was worn only on certain formal occasions. The cape was originally a cloak worn separately from
22378-437: The same. From "within" it appears as a cul de sac rather than a square, the two ranges closed to the north with a third which originally contained the library. The eastern side along Chancery Lane and the western backing onto the North Lawn. These provide the standard layout of "staircases" of working chambers. From the North Lawn there is no access but the west range provides a fine institutional range of some distinction. No. 10
22545-411: The site of the present day Alderley House ). 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: 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
22712-544: The size of the bar until only a consistent group reappeared. From this period, Serjeants also began to be called in regular groups, rather than individually on whatever date was felt appropriate. During the 16th century the Serjeants-at-Law were a small, though highly respected and powerful, elite. There were never more than ten alive, and on several occasions the number dwindled to one; William Bendlowes bragged that he had been "the only Serjeant-at-Law in England" in 1559. Over these 100 years, only 89 Serjeants were created. At
22879-454: The small number of judges, they serve as deputy judges to hear cases when there was no judge available. Only Serjeants-at-Law could become judges of the common law courts; this rule came into being in the 14th century for the Courts of Common Pleas and King's Bench, and was extended to the Exchequer of Pleas in the 16th century; it did not apply to the Court of Chancery , a court of equity , or
23046-419: The smaller "bishops hall". The Old Hall is 71 feet long and 32 feet wide, although little remains of the original size and shape; it was significantly altered in 1625, 1652, 1706 and 1819. A former librarian reported that it was "extensively remodelled" by Francis Bernasconi in 1800. This remodelling led to the covering of the oak beams with a curved plaster ceiling, "a most barbarous innovation". The weight of
23213-402: The square between 1682 and 1693. Alterations were made in 1843, when the open area in the middle was replaced by gardens and lawns. Because of its difficult history of ownership, some parts of the Square are still freehold, with individuals owning floors or sections of floors within the buildings. The Lincoln's Inn Act 1860 was passed directly to allow the Inn to charge the various freeholders in
23380-447: 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 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
23547-545: The three Coats of Arms were repaired and cleaned. The New Square Lawn is surrounded by the block of New Square. It is bordered by the Lincoln Inn chambers, and is visible from the western Gatehouse. Centred on the New Square Lawn is Jubilee Fountain. After the original fountain from 1970 was removed, William Pye installed the new Jubilee fountain in 2003, to celebrate Queen Elizabeth's Golden Jubilee. The construction of
23714-408: The time they were the only clearly distinguishable branch of the legal profession, and it is thought that their work may have actually created barristers as a separate group; although Serjeants were the only lawyers who normally argued in court, they occasionally allowed other lawyers to help them in special cases. These lawyers became known as outer or "utter" barristers (because they were confined to
23881-534: The time was a barrister and the Solicitor General (politically junior to the Attorney General) a King's Serjeant. To reflect the political reality, the Attorney General was made superior to any King's Serjeant, and this remained until the order of Serjeants-at-Law finally died out. The main character in C. J. Sansom 's Shardlake novels, hunchback lawyer Matthew Shardlake, is a Serjeant-at-Law during
24048-475: The time). The Gatehouse is a large tower four stories high and features diagonal rows of darker bricks, along with a set of oak gates that date from 1564. The Gatehouse was restored in 1695 and again between 1967 and 1969—the arms of the Treasurers for those years ( Lord Upjohn , John Hawles and Princess Margaret ) were added to the inwards side of the Gatehouse itself. Minor repairs also took place in 1815, when
24215-483: The war, even ignoring news of its progress, and instead translating The Life and Death of Pomponious Atticus into English. 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 and
24382-429: 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. William Holdsworth , 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". The Historia
24549-440: Was 80 feet long, 40 feet wide and 44 feet high. It was extended, almost doubled, in 1872 by George Gilbert Scott in the same style. The ground floor contained a Court room which became part of the Library facilities when the Court of Chancery moved out of the Inn in the 1880s. It has since 2010 been utilised as a lecture room and during the developments of 2016 to 2018 became the 'interim' Members Common Room. The Library contains
24716-475: Was abandoned by 1498 for the one in Fleet Street, which was pulled down during the 18th century, and one on Chancery Lane, pulled down in 1877. The Inn was a voluntary association, and although most Serjeants joined upon being appointed they were not required to. There were rarely more than 40 Serjeants, even including members of the judiciary, and the Inns were noticeably smaller than the Inns of Court. Unlike
24883-512: Was appointed an executrix on his death. 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 British Colonies . 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
25050-451: Was at that point an organised and disciplined body. Henry de Lacy, 3rd Earl of Lincoln had encouraged lawyers to move to Holborn, and they moved to Thavie's Inn , one of the Inns of Chancery , later expanding into Furnival's Inn as well. It is felt that Lincoln's Inn became a formally organised inn of court soon after the earl's death in 1310. At some point before 1422, the greater part of "Lincoln's Inn", as they had become known, after
25217-521: Was born on 1 November 1609 in West End House (now known as The Grange or Alderley Grange ) in Alderley, Gloucestershire to Robert Hale, a barrister of Lincoln's Inn , 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
25384-470: Was called; of the 400 English members, only two were lawyers – Hooke, a Baron of the Exchequer , and Hale, who was elected Member of Parliament for his home county of Gloucestershire . Hale was an active MP, persuading the Commons to reject a motion to destroy the Tower of London 's archives, and introducing several motions to preserve the authority of Parliament. The first was that the government should be "in
25551-484: Was considered as great as his knowledge of the law, and Lord Nottingham, considered the "father of equity", "worshipped Hale as a great master". On 2 September 1666, the Great Fire of London 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 Act of Parliament enacted on 8 February 1667 constituted a Court of Fire, tasked with dealing with property disputes over ownership, liability and
25718-409: 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
25885-461: Was divided into two types; statutes, passed by the Governors (see below) and ordinances issued by the Society (all the Fellows of the Inn). A third method used was to have individual Fellows promise to fulfill a certain duty; the first known example is from 1435, and starts "Here folowen certaynes covenantes and promyses made to the felloweshippe of Lyncoll' Yne". The increase of the size of the Inn led to
26052-479: Was expelled from the Society for using "presumptious and unsuitable words" in front of the governors and "other fellows of the Bench", and a piece of legislation passed in 1489 was "ordained by the governors and other the worshipfuls of the Bench" . By the late 15th century, the ruling group were the Governors (who were always Benchers) with assistance and advice from the other "masters of the Bench", and occasional votes from
26219-450: Was extremely influential in future cases, and was used in the Salem witch trials 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. 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
26386-427: Was first mentioned in 1471, and originally existed in a building next to the Old Hall before being moved to a set of chambers at No. 2 Stone Buildings in 1787. A bequest by John Nethersale in 1497 is recorded as an early acquisition. The current Library was built as part of the complex containing the Great Hall, to the designs of Hardwick and was finished in 1845 being formally opened by Queen Victoria. At this point it
26553-502: Was in great demand; law reporters began recording his cases and in 1641 he advised Thomas Wentworth , the first Earl of Strafford, over his attainder for high treason. Although unsuccessful, Hale was then called to represent William Laud , the Archbishop of Canterbury , during his impeachment by the House of Lords in October 1644. Hale, along with John Herne , argued that none of Laud's alleged offences constituted treason, and that
26720-550: Was no formal legal education, and the only requirement for a person to be called to the Bar was for him to have eaten five dinners a term at Lincoln's Inn, and to have read the first sentence of a paper prepared for him by the steward. A Bencher , Benchsitter or (formally) Master of the Bench is a member of the Council, the governing body of the Honourable Society of Lincoln's Inn. The term originally referred to one who sat on
26887-501: Was not to be daunted by such threatenings". During the rule of both the Commonwealth and the Protectorate , 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 Norman French , and judges regularly imprisoned juries for reaching a verdict they disagreed with. Oliver Cromwell and
27054-616: Was originally provided by the Inn to strengthen its ties with Chancery (which used to be held in the Old Hall) as the office of the Six Clerks of the Court of Chancery , with the Inn taking it back when the Clerks were abolished and the Court moved to the Royal Courts of Justice in 1882. It is currently used as the headquarters of the Inns of Court & City Yeomanry , part of the Territorial Army . The Officers Mess facilities make use of
27221-461: Was rampant – since only Serjeants could become judges, making sure that Serjeants were not political appointees was seen to provide for a neutral judiciary. Serjeants were traditionally appointed by a writ directly from the King. The writ was issued under the Great Seal of the Realm and required "the elected and qualified apprentices of the law to take the state and degree of a Serjeant-at-Law". The newly created Serjeants would then assemble in one of
27388-407: Was sent venison by a party. After noticing 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
27555-429: Was to be found in Clerks' Commons unless studying a point of law there. By 1466, the Fellows were divided into Benchers, those " at the Bar " ( ad barram , also known as "utter barristers" or simply "barristers"), and those "not at the Bar" ( extra barram ). By 1502, the extra barram Fellows were being referred to as "inner barristers", in contrast to the "utter" or "outer" barristers. In Lord Mansfield 's time, there
27722-574: 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
27889-437: 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
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