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Sir Edward Hales, 3rd Baronet (28 September 1645 – October 1695) was an English politician who sat in the
House of Commons of England The House of Commons of England was the lower house of the Parliament of England (which incorporated Wales) from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of ...
from 1679 to 1681. He became a Catholic and supported King James II at the time of the
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
.


Background and early life

Hales was the only son of Sir Edward Hales, 2nd Baronet, of Tunstall,
Kent Kent is a county in South East England and one of the home counties. It borders Greater London to the north-west, Surrey to the west and East Sussex to the south-west, and Essex to the north across the estuary of the River Thames; it faces ...
, a
Royalist A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of governme ...
, by his wife Anne Wotton, the youngest of the four daughters and coheirs of
Thomas Wotton, 2nd Baron Wotton Thomas Wotton, 2nd Baron Wotton (1587 – 2 April 1630) was an English peer. Wotton was the eldest son and heir of Edward Wotton, 1st Baron Wotton, and inherited his father's title in 1626. In 1608, he married Mary Throckmorton and they had three ...
. He was a descendant of John Hales,
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 ...
. He was educated at
University College In a number of countries, a university college is a college institution that provides tertiary education but does not have full or independent university status. A university college is often part of a larger university. The precise usage varies ...
, and his tutor
Obadiah Walker Obadiah Walker (161621 January 1699) was an English academic and Master of University College, Oxford, from 1676 to 1688.
influenced him in the direction of
Roman Catholicism The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
.


Career under Charles II

On 28 November 1673 Hales was admitted to the rank of colonel of a foot regiment at
Hackington Hackington is an area of Canterbury in Kent, England, also known (especially historically) as St Stephen's, incorporating the northern part of the city, as well as a semi-rural area to the north. It is an ancient ecclesiastical parish, with the ...
, Kent. He purchased
Hales Place The residential area known as Hales Place is part of the civil parish of Hackington, and lies to the north of the city of Canterbury in Kent, England. The residents include large numbers of students from the nearby University of Kent. History T ...
(the mansion and estate of St. Stephen's parish, near
Canterbury Canterbury (, ) is a City status in the United Kingdom, cathedral city and UNESCO World Heritage Site, situated in the heart of the City of Canterbury local government district of Kent, England. It lies on the River Stour, Kent, River Stour. ...
), where his descendants afterwards resided. He was elected
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
for
Canterbury Canterbury (, ) is a City status in the United Kingdom, cathedral city and UNESCO World Heritage Site, situated in the heart of the City of Canterbury local government district of Kent, England. It lies on the River Stour, Kent, River Stour. ...
in 1679 and held the seat until 1681. He succeeded to the
baronetcy A baronet ( or ; abbreviated Bart or Bt) or the female equivalent, a baronetess (, , or ; abbreviation Btss), is the holder of a baronetcy, a hereditary title awarded by the British Crown. The title of baronet is mentioned as early as the 14th ...
on the death of his father in 1684.


Catholicism

Hales declared himself a Catholic on the accession of James II and was formally reconciled to the Catholic Church on 11 November 1685. He had not received the sacrament according to the rites of the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
within three months of his commission in 1673, contrary to the statute 25 Charles II and had not taken the oaths of allegiance and supremacy. James II now gave him a dispensation from these obligations by letters patent under the Great Seal. In order to determine the legality of the exercise of his dispensing power in such cases, a test action was arranged. Arthur Godden, Sir Edward's coachman, was instructed to bring a ''
qui tam In common law, a writ of ''qui tam'' is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its ...
'' action against his master for the penalty of £500, due to the informer under the act of Charles II. Hales was indicted and convicted at the assizes held at
Rochester Rochester may refer to: Places Australia * Rochester, Victoria Canada * Rochester, Alberta United Kingdom *Rochester, Kent ** City of Rochester-upon-Medway (1982–1998), district council area ** History of Rochester, Kent ** HM Prison ...
28 March 1686. He pleaded the king's dispensation, and on appeal the question was argued at length in the
court of king's bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...
before Sir Edward Herbert,
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
of England. On 21 June 1686, Herbert, after consulting his colleagues on the bench, delivered judgment in favour of Hales, and asserted the dispensing power to be part of the king's prerogative. The dispensing power was effectively outlawed by the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
in 1689.


Career under James II

Hales was sworn into the
privy council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
, and appointed one of the
lords of the admiralty This is a list of Lords Commissioners of the Admiralty (incomplete before the Restoration, 1660). The Lords Commissioners of the Admiralty were the members of The Board of Admiralty, which exercised the office of Lord High Admiral when it was ...
, deputy-warden of the Cinque ports, and lieutenant of
Dover Castle Dover Castle is a medieval castle in Dover, Kent, England and is Grade I listed. It was founded in the 11th century and has been described as the "Key to England" due to its defensive significance throughout history. Some sources say it is the ...
, and in June 1687
Lieutenant of the Tower of London The Lieutenant of the Tower of London serves directly under the Constable of the Tower. The office has been appointed at least since the 13th century. There were formerly many privileges, immunities and perquisites attached to the office. Like the ...
.
Narcissus Luttrell Narcissus Luttrell (1657–1732) was an English historian, diarist, and bibliographer, and briefly Member of Parliament for two different Cornish boroughs. His ''Brief Historical Relation of State Affairs from September 1678 to April 1714'', a c ...
mentions, in June 1688, a rumour that he was about to have a Catholic chapel in the Tower. When the seven bishops were discharged from his custody he demanded fees of them; but they refused, on the ground that their detention and Hales's commission were both illegal. The lieutenant hinted that if they came into his hands again they should feel his power.


Flight and exile

Hales was dismissed from his post at the Tower in November 1688. James II, with Hales as one of his three companions, and disguised as Hales's servant, left
Whitehall Whitehall is a road and area in the City of Westminster, Central London. The road forms the first part of the A roads in Zone 3 of the Great Britain numbering scheme, A3212 road from Trafalgar Square to Chelsea, London, Chelsea. It is the main ...
on 11 December, in the hope of escaping to France. The boat carrying them was discovered the next day as it lay in the river off
Faversham Faversham is a market town in Kent, England, from London and from Canterbury, next to the Swale, a strip of sea separating mainland Kent from the Isle of Sheppey in the Thames Estuary. It is close to the A2, which follows an ancient British t ...
, and the king and his three attendants were brought on shore. Hales was recognised, and kept prisoner at the courthouse at Faversham. Immediately after the king's departure for London he was conveyed to
Maidstone Maidstone is the largest Town status in the United Kingdom, town in Kent, England, of which it is the county town. Maidstone is historically important and lies 32 miles (51 km) east-south-east of London. The River Medway runs through the c ...
gaol, and afterwards to the Tower, where he remained for a year and a half. On 26 October 1689 he was brought up to the bar of the House of Commons, and ordered to be charged with
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in being reconciled to the church of Rome. On 31 January 1690 he and Obadiah Walker were brought by ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' from the Tower to the bar of the king's bench, and were bailed on good security; but both were excepted out of the act of pardon dated 23 May following. Eventually Hales obtained his discharge on 2 June 1690. Hales went in October 1690 to
St. Germain-en-Laye Saint-Germain-en-Laye () is a commune in the Yvelines department in the Île-de-France in north-central France. It is located in the western suburbs of Paris, from the centre of Paris. Inhabitants are called ''Saint-Germanois'' or ''Saint-Ge ...
, but he was little employed by James II other than as friend. James rewarded his services by creating him Earl of Tenterden in Kent, Viscount Tunstall, and Baron Hales of Emley, by patent 3 May 1692.
Edward Hasted Edward Hasted (20 December 1732 OS (31 December 1732 NS) – 14 January 1812) was an English antiquarian and pioneering historian of his ancestral home county of Kent. As such, he was the author of a major county history, ''The History and T ...
wrote that Hales's son and successor in the baronetcy, Sir John Hales, was offered a peerage by George I, but the matter dropped, because Sir John insisted on his right to his father's titles, and to precedence according to that creation.


Final years

In 1694, Hales applied to the
Earl of Shrewsbury Earl of Shrewsbury () is a hereditary title of nobility created twice in the Peerage of England. The second earldom dates to 1442. The holder of the Earldom of Shrewsbury also holds the title of Earl of Waterford (1446) in the Peerage of Ireland ...
for a licence to return to England, but he died, without obtaining it, in 1695, and was buried in the
Église Saint-Sulpice, Paris , image = Paris Saint-Sulpice Fassade 4-5 A.jpg , image_size = , pushpin map = Paris , pushpin label position = , coordinates = , location = Place Saint-Sulpice 6th arrond ...
. By the schedule to his will, dated July 1695, he bequeathed £5,000, to be disposed of according to his instructions by
Bonaventure Giffard Bonaventure Giffard (1642–1734) was a Roman Catholic bishop who served as the Vicar Apostolic of the Midland District of England from 1687 to 1703 and Vicar Apostolic of the London District of England from 1703 to 1734. Life He was the second ...
and Dr.
Thomas Witham Thomas Witham (or Wytham; c. 1420 – 15 April 1489) was an English Chancellor of the Exchequer under Kings Henry VI and Edward IV. He was the son of Robert Witham of Grantham, Lincolnshire and the brother of William Witham, the Dean of Wells. He ...
. Hales left in manuscript a journal of his life, which
Charles Dodd Hugh Tootell (1671/72 – 27 February 1743) was an English Catholic historian. He is commonly known under his pseudonym Charles Dodd. Life Tootell was born in Lancashire. He was tutored by his uncle, Christopher Tootle, before studying with ...
used in his ''Church History''.


Family

Hales married Frances Windebank, daughter of
Sir Francis Windebank Sir Francis Windebank (1582 – 1 September 1646) was an English politician who was Secretary of State under Charles I. Biography Francis was the only son of Sir Thomas Windebank of Hougham, Lincolnshire, who owed his advancement to the Cecil ...
of Oxfordshire and had five sons and seven daughters. Edward, his eldest son, was killed in the service of James II at the
Battle of the Boyne The Battle of the Boyne ( ga, Cath na Bóinne ) was a battle in 1690 between the forces of the deposed King James II of England and Ireland, VII of Scotland, and those of King William III who, with his wife Queen Mary II (his cousin and ...
, and John, the second son (died 1744), accordingly succeeded to the baronetcy, which became extinct on the death of the sixth baronet, Sir Edward Hales, without issue, on 15 March 1829.


References

;Attribution {{DEFAULTSORT:Hales, Edward 1695 deaths 1645 births People from the City of Canterbury Alumni of the University of Oxford Baronets in the Baronetage of England Burials at Saint-Sulpice, Paris English Roman Catholics
Tenterden Tenterden is a town in the borough of Ashford in Kent, England. It stands on the edge of the remnant forest the Weald, overlooking the valley of the River Rother. It was a member of the Cinque Ports Confederation. Its riverside today is not ...
Politics of Canterbury Lords of the Admiralty English MPs 1679 English MPs 1680–1681 Lieutenants of the Tower of London West Yorkshire Regiment officers