SOME TIME LORD CHIEF JUSTICE OF THE COURT OF KING'S BENCH.

FIRST PUBLISHED FROM HIS LORDSHIP'S ORIGINAL MANUSCRIPT, AND THE SEVERAL REFER-
ENCES TO THE RECORDS EXAMINED BY THE ORIGINALS, WITH NOTES BY

SOLLOM EML YN

OF LINCOLN'S INN, ESQ.

WITH A TABLE OF THE PRINCIPAL MATTERS.

first American Edition.

WITH NOTES AND REFERENCES TO LATER CASES

BY

W. A. STOKES AND E. INGERSOLL

OF THE PHILADELPHIA BAR.

IN TWO VOLUMES

VOL. I.

Philadelphia:

ROBERT H. SMALL 25 MINOR STREET.

1847.

Entered according to act of Congress in the year 1847, by

ROBERT H. SMALL, In the office of the Clerk of the District Court of the Eastern District of

Pennsylvania.

TO

HENRY J. WILLIAMS

THIS EDITION OF

HALE'S HISTORY OF THE PLEAS OF THE CROWN

IS

RESPECTFULLY INSCF.

EXTRACT FROM THE JOURNAL OF THE HOUSE OF COMMONS.

LUNÆ 29° DIE NOVEMB. 1680.
Ordered, That the executors of Sir MATTHEW HALE, late Lord
Chief Justice of the court of King's Bench be desired to print the
MSS. relating to the crown law and that a committee be appointed
to take care in the printing thereof; and it is referred to
Sir Will. JONES,

Mr. SACHEVEREL,
Serj. MAYNARD,

Mr. GEO. PELHAM,
Sir FRA. WINNINGTON, Mr. PAUL FOLEY.

The following treatise being the genuine offspring of that truly learned and worthy judge Sir Matthew Hale, (a) stands in need of no other recommendation, than what that great and good name will always carry along with it.

Whoever is in the least acquainted with the extensive learning, the solid judgment, the indefatigable labours, and above all the unshaken integrity of the author, cannot but highly esteem whatever comes from so valuable an hand.

Being brought up to the profession of the law, he soon grew eminent

in it, discharging his duty therein with great courage and faithfulness; and tho he lived in critical times, when disputes ran so high between king and parliament, as at last broke out into a civil war, yet he engaged in no party, but carried himself with such moderation and evenness of temper, as made him loved and courted by all.

It was this great and universal esteem he was then in, that made Cromwel so desirous to have him for one of his judges; which offer he would willingly have declined. Being prest by Cromwel to give his reason, he at last plainly told him, that he was not satisfied with the lawfulness of his authority, and therefore scrupled the accepting

(a) He was born at Alderley, in Gloucestershire, Nov. 1, 1609.
Was entered at Magdalen.Hall, in Oxford, in the 17th year of his age.
Admitted of Lincoln's Inn, Nov. 8, 1629.
Made a judge of the court of Common Pleas, 1653.
Lord Chief Baron of the Court of Exchequer, Nov. 7, 1660.

And at last Lord Chief Justice of the court of King's Bench, May 18, 1671.

Which place he resigned Feb. 20, 1675-6.
And died the Christmas following, Dec. 25, 1676.