Robert Hyde (judge)
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Sir Robert Hyde (1595–1665) was an
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judge and Chief Justice of the King's Bench.


Early career

Hyde, who was born at his father's house, Heale,
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, near
Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...
, in 1595, was the eldest of the four most prominent sons of Sir Lawrence Hyde, attorney-general to
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, the
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of
King James I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until hi ...
. Sir Robert Hyde's mother was the former Barbara Castillion of Benham, Berkshire. Alexander Hyde, Sir Henry Hyde, and Edward Hyde were his brothers; Edward, 1st Earl of Clarendon, was his first cousin. He was called to the bar at the
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7 February 1617, was appointed
Lent Reader A reader in one of the Inns of Court in London was originally a senior barrister of the Inn who was elected to deliver a lecture or series of lectures on a particular legal topic. Two readers (known as Lent and Autumn Readers) would be elected annu ...
there in 1638, and became a
serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as 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 wri ...
in May 1640. In the time of Lord Coke he attended as reporter in the King's Bench. He was recorder of
Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...
as early as 1638, when complaints were made against him for his remissness in collecting ship-money.


Conduct during the Civil War and Protectorate

Hyde represented
Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...
in the Short Parliament and the
Long Parliament The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septem ...
, professed loyalist principles, voted against the bill for the
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of Strafford, and was accordingly included in the list of the minority, whose names were placarded as betrayers of their country. Having joined the
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at
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, he was voted a malignant by parliament, and incapacitated from sitting in the house. He was committed to the
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from 4 to 18 Aug. 1645, and on 11 May 1646 was deprived of the recordership of
Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...
, He then retired into private life. In 1651 Charles II during his flight from
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was sheltered for some days in his house at Heale. During the protectorate, he occasionally practised his profession, and his name occurs in the reports of Siderfin and Hardres.


Judicial career

At the Restoration he was knighted, and appointed a judge of the
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, 31 May 1660, and on 14 June 1660 was reinstated in the recordership of
Salisbury Salisbury ( ) is a cathedral city in Wiltshire, England with a population of 41,820, at the confluence of the rivers Avon, Nadder and Bourne. The city is approximately from Southampton and from Bath. Salisbury is in the southeast of ...
. He was also a commissioner upon the trial of the
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, but took no part beyond advising upon points of law. Thanks to his cousin's influence, he was promoted to be Chief Justice of the King's Bench on 19 October 1663. He is said to have been an authority upon pleas of the crown, but was not learned otherwise. Upon the trials of Twyn for printing a book called ''A Treatise of the Execution of Justice'', and of the Baptist preacher
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at Aylesbury for publishing ''The Child's Instructor'', he took a tone very hostile to
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s and seditious books. He was not, however, always opposed to non-conformists. Roger Pepys MP, known to readers of the
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as "Cousin Roger", and who inclined to non-conformity, was bound over to be of good behaviour at the Cambridge Assizes in 1664 for speaking insultingly of Hyde at a town session. He died suddenly on the bench on 1 May 1665, and was buried in Salisbury Cathedral.


Private life

Hyde's wife was Mary, daughter of Francis Baber, M.D., of
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, Somerset, but he had no children. By the demise of his brother Lawrence he came into possession of the Heale estates in the Amesbury valley, and these, with his collection of heirlooms, he settled on the issue of his brother
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,
Bishop of Salisbury The Bishop of Salisbury is the ordinary of the Church of England's Diocese of Salisbury in the Province of Canterbury. The diocese covers much of the counties of Wiltshire and Dorset. The see is in the City of Salisbury where the bishop's seat ...
.


References

* {{DEFAULTSORT:Hyde, Robert 1595 births 1665 deaths Members of Parliament for Salisbury English MPs 1640 (April) English MPs 1640–1648 Lord chief justices of England and Wales Justices of the Common Pleas Serjeants-at-law (England) 17th-century English judges