Sir Bernard Hale
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Sir Bernard Hale (1677–1729) was an English-born
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
and judge who became
Chief Baron of the Irish Exchequer The Chief Baron of the Irish Exchequer was the Baron (judge) who presided over the Court of Exchequer (Ireland). The Irish Court of Exchequer was a mirror of the equivalent court in England and was one of the four courts which sat in the buildin ...
. Two of his sons became Generals in the British Army.Ball, F. Elrington ''The Judges in Ireland 1221–1921'' London John Murray 1926


Background

He was born at
King's Walden King's Walden is a civil parish in the English county of Hertfordshire. The name includes an apostrophe, but this is often omitted. The main settlement is now Breachwood Green, and there are also the hamlets of King's Walden, Ley Green, Darleyha ...
,
Hertfordshire Hertfordshire ( or ; often abbreviated Herts) is one of the home counties in southern England. It borders Bedfordshire and Cambridgeshire to the north, Essex to the east, Greater London to the south, and Buckinghamshire to the west. For govern ...
, the eighth son of William Hale and his wife Mary Elwes. The Hale family, who made a fortune as
grocers The Worshipful Company of Grocers is one of the 110 Livery Companies of the City of London and ranks second in order of precedence. The Grocers' Company was established in 1345 for merchants occupied in the trade of grocer and is one of the Gr ...
in London, had owned their estate in King's Walden since the sixteenth century, and Bernard's own descendants were still living there in Victorian times.Baker, J. H. "Bernard Hale", ''Oxford Dictionary of National Biography'' His father William was the son of Rowland Hale,
High Sheriff of Hertfordshire The High Sheriff of Hertfordshire was an ancient Sheriff title originating in the time of the Angles, not long after the foundation of the Kingdom of England, which was in existence for around a thousand years. On 1 April 1974, under the provisio ...
in 1648, and was himself a political figure of some consequence, being MP for
Hertfordshire Hertfordshire ( or ; often abbreviated Herts) is one of the home counties in southern England. It borders Bedfordshire and Cambridgeshire to the north, Essex to the east, Greater London to the south, and Buckinghamshire to the west. For govern ...
in the
English Parliament The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
of 1679 and in the short-lived Parliament of 1681. His mother Mary was the daughter of Jeremy (Jeremiah) Elwes of
Roxby, Lincolnshire Roxby is a village in North Lincolnshire, England. It is situated approximately north from Scunthorpe and south-east from Winterton on the A1077. Roxby stands on a prominent part of the Lincoln Cliff and overlooks the Humber Estuary. Ro ...
. Bernard's grand-uncle, also called
Bernard Hale Sir Bernard Hale (1677–1729) was an English-born barrister and judge who became Chief Baron of the Irish Exchequer. Two of his sons became Generals in the British Army.Ball, F. Elrington ''The Judges in Ireland 1221–1921'' London John Murray 1 ...
, was
Archdeacon of Ely The Archdeacon of Cambridge is a senior ecclesiastical officer in the Diocese of Ely. The archdeacon is responsible for some clergy discipline and pastoral care in the Archdeaconry of Cambridge. The archdeaconry has existed, as the Archdeaconry of ...
1660–1663. The judge's sister Catherine Hoskins (1673-1703) was the mother of
Catherine Cavendish, Duchess of Devonshire Catherine Cavendish, Duchess of Devonshire (1700 – 8 May 1777), formerly Catherine Hoskins (or Hoskyn), was the wife of William Cavendish, 3rd Duke of Devonshire, and mother of the 4th Duke. Family background She was the only child and heire ...
. Another sister Mary Plumer was the mother of the long-serving MP
William Plumer William Plumer (June 25, 1759December 22, 1850) was an American lawyer, Baptist lay preacher, and politician from Epping, New Hampshire. He is most notable for his service as a Federalist in the United States Senate (1802–1807), and the sevent ...
. Bernard was educated at
Eton College Eton College () is a public school in Eton, Berkshire, England. It was founded in 1440 by Henry VI under the name ''Kynge's College of Our Ladye of Eton besyde Windesore'',Nevill, p. 3 ff. intended as a sister institution to King's College, C ...
and
Peterhouse, Cambridge Peterhouse is the oldest constituent college of the University of Cambridge in England, founded in 1284 by Hugh de Balsham, Bishop of Ely. Today, Peterhouse has 254 undergraduates, 116 full-time graduate students and 54 fellows. It is quite ...
, where his grand-uncle Bernard had been Master in the 1660s, matriculating at Peterhouse in 1695, graduating
B.A. Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in 1699 and
M.A. A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
in 1702: he subsequently became a fellow of Peterhouse. He entered
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray'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 Wale ...
in 1699, and was
called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1705. He became one of the leaders of the English Bar, and was one of its top earners. He later transferred to
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
, and was briefly one of its Benchers.


Family

He married Anne Thoresby (or Thursby) daughter of John Thoresby of
Northampton Northampton () is a market town and civil parish in the East Midlands of England, on the River Nene, north-west of London and south-east of Birmingham. The county town of Northamptonshire, Northampton is one of the largest towns in England; ...
. They had seven children including: * General Bernard Hale (died 1798), who married Martha Rigby, sister of the leading statesman
Richard Rigby Richard Rigby PC (February 1722 – 8 April 1788), was an English civil servant and politician who sat in the British House of Commons for 43 years from 1745 to 1788. He served as Chief Secretary for Ireland and Paymaster of the Forces. Rigby ...
, and had a son
Francis Hale Rigby Lieutenant-Colonel Francis Hale Rigby (circa 1758 – 17 August 1827) was a British politician who sat in the House of Commons from 1779 to 1784. Born Francis Hale, he was the son of General Bernard Hale by his wife Martha Rigby. He was probably ...
; * General John Hale,
Governor of Londonderry The Governor of Londonderry and Culmore was a British military appointment. The Governor was the officer who commanded the garrison and fortifications of the city of Derry and of Culmore fort. The Governor was paid by The Honourable The Irish Soc ...
(died 1806); he married the noted beauty Mary Chaloner, daughter of William Chaloner of
Guisborough Guisborough ( ) is a market town and civil parish in the borough of Redcar and Cleveland, North Yorkshire, England. It lies north of the North York Moors National Park. Roseberry Topping, midway between the town and Great Ayton, is a landmark i ...
(she was painted by
Joshua Reynolds Sir Joshua Reynolds (16 July 1723 – 23 February 1792) was an English painter, specialising in portraits. John Russell said he was one of the major European painters of the 18th century. He promoted the "Grand Style" in painting which depend ...
), and had twenty-one children, almost all of whom reached adulthood; *William Hale (died 1793), who married Elizabeth Farnaby, daughter of
Sir Charles Farnaby, 1st Baronet ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as p ...
. They had four children, including Anne, wife of
Sir Edward Dering, 7th Baronet ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...
, and William, husband of the Hon. Mary Grimston, daughter of
James Grimston, 2nd Viscount Grimston James Grimston, 2nd Viscount Grimston (9 October 1711 – 15 December 1773) was a British peer and Member of Parliament. Grimston was the eldest surviving son of William Grimston, 1st Viscount Grimston, and Jean Cooke. He was elected to the Hous ...
and Mary Bucknall; *Richard Hale (1720-1812); *Jane Hale (died 1794), who married Reverend
Martin Madan Martin Madan (1726 – 2 May 1790) was an English barrister, clergyman and writer, known for his contribution to Methodist music, 'The Lock Hospital Collection,' and later controversial views on marriage expressed in his book ''Thelyphthora''. ...
(1726-1790), a clergyman noted for his controversial views on marriage, and in particular his book ''Thelyphthora'', a defence of
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
. They had five children; her portrait was painted by Allan Ramsay.


Irish career

In 1722 he was appointed Chief Baron of the Irish Exchequer, and earned a high reputation in Ireland for integrity and efficiency, despite an initially hostile reception, "the usual Dublin railing". In 1725 he and the junior Baron, Sir John St Leger, narrowly escaped death when on
assize The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
at
Monaghan Monaghan ( ; ) is the county town of County Monaghan, Republic of Ireland, Ireland. It also provides the name of its Civil parishes in Ireland, civil parish and Monaghan (barony), barony. The population of the town as of the 2016 census was 7 ...
: the roof of Monaghan courthouse, which like many Irish courthouses of the time was in an appalling state of repair, fell in. It narrowly missed the judges, who however escaped injury. Hale adjourned proceedings to outside the building and continued the assize. Later the same year, it was rumoured that he was to be appointed
Lord Chancellor of Ireland The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
. In fact he was offered the office of
Lord Chief Justice of Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge i ...
: but his English colleagues advised him to refuse it, on the ground that he would shortly be offered a place on the English Bench. Hale admitted that the prospect of being Irish Lord Chief Justice was tempting enough to "perplex him", but his preference was to go back to England. Although he had been happy enough in Ireland, he admitted that "it is impossible for me to forget England or not to wish to return there".


Last years

He went back to England in the autumn of 1725 to take up office as a
Baron of the Exchequer The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was a ...
: to qualify for that office he was made 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 writ ...
, and received a
knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
. He died at
Red Lion Square Red Lion Square is a small square in Holborn, London. The square was laid out in 1684 by Nicholas Barbon, taking its name from the Red Lion Inn. According to some sources, the bodies of three regicides—Oliver Cromwell, John Bradshaw and Hen ...
, London in 1729, and was buried in the parish church at King's Walden.


Arms


References

{{DEFAULTSORT:Hale, Bernard Members of Lincoln's Inn People from North Hertfordshire District 1677 births 1729 deaths Members of the Privy Council of Ireland Barons of the Exchequer People educated at Eton College Alumni of Peterhouse, Cambridge Members of Gray's Inn Serjeants-at-law (England) Chief Barons of the Irish Exchequer