Editing Matthew Hale (jurist) (section)

====Chief Baron and Chief Justice====
[[File:Sir Matthew Hale.jpg|left|thumb|upright|Hale as Chief Justice of the King's Bench|alt=A black and white head-and-shoulders portrait of Hale as the Chief Justice.  He is wearing robes, and has a chain fastened around his shoulders. An inscription under the image reads "Sir Matthew Hale. Chief Justice of the King's Bench. Born in Alderley, South of Wotton-Under-Edge in Gloucestershire. Nov. 1 1609"]]
Hale's first task in the new regime was as part of the Special Commission of 37 judges who tried the 29 [[List of regicides of Charles I|regicides]] not included in the Declaration of Breda, between 9 and 19 October 1660.<ref>Hostettler (2002) p. 76</ref> 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 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".<ref>Hostettler (2002) p. 77</ref> Perhaps as reward for this, he became [[Chief Baron of the Exchequer]] on 7 November 1660, replacing [[Sir Orlando Bridgeman, 1st Baronet, of Great Lever|Sir Orlando Bridgeman]].<ref>Sainty (1993) p. 96</ref> Hale had no wish to receive the knighthood that accompanied this appointment and so tried to avoid being near the King; in response, the [[Lord Chancellor]] [[Edward Hyde, 1st Earl of Clarendon|Lord Clarendon]] invited him to his house, where the King was present. Hale was knighted on the spot.<ref>Hostettler (2002) p. 78</ref>

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 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.<ref>Hostettler (2002) p. 84</ref> 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 the country to take bribes. Some other person, having a design to put a trick upon him, sent them in his name".<ref>Hostettler (2002) p. 85</ref> Hale returned the loaves, and refused to continue until Croke appeared before him.<ref>Hostettler (2002) p. 86</ref> 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".<ref>Flanders (1908) p. 393</ref> His knowledge of [[equity (law)|equity]] was considered as great as his knowledge of the law, and Lord Nottingham, considered the "father of equity", "worshipped Hale as a great master".<ref>Corbett (1942) p. 166</ref>

On 2 September 1666, the [[Great Fire of London]] broke out.<ref>Hostettler (2002) p. 109</ref> Over 100,000 people were made homeless, and by the time the fire ended over 13,000 houses and 400 streets had been destroyed.<ref>Hostettler (2002) p. 111</ref> An [[Fire of London Disputes Act 1666|Act of Parliament]] enacted on 8 February 1667 constituted a Court of Fire, tasked with dealing with property disputes over ownership, liability and the rebuilding of the city.<ref>Hostettler (2002) p. 112</ref> 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.<ref>Hostettler (2002) p. 113</ref>

On 18 May 1671, Hale was made [[Chief Justice of the King's Bench]] after the death of [[John Kelynge]].<ref>Sainty (1993) p. 11</ref> [[Edward Turnour (speaker)|Edward Turnour]] replaced him as Chief Baron of the Exchequer.<ref>Foss (1865) p. 67</ref> 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 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".<ref>Hostettler (2002) p. 136</ref> 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.<ref>Hostettler (2002) p. 135</ref> He disliked eloquence, writing that "If 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.<ref>Hostettler (2002) p. 138</ref>