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 jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
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 1926


Background

He was born at King's Walden,
Hertfordshire Hertfordshire ( or ; often abbreviated Herts) is a ceremonial county in the East of England and one of the home counties. It borders Bedfordshire to the north-west, Cambridgeshire to the north-east, Essex to the east, Greater London to the ...
, the eighth son of William Hale and his wife Mary Elwes, daughter of Jeremy (Jeremiah) Elwes of Roxby, Lincolnshire. The Hale family, who made a fortune as grocers 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'' Bernard's grand-uncle, also called Bernard Hale, was Archdeacon of Ely 1660–1663. The judge's sister Catherine Hoskins (1673-1703) was the mother of Catherine Cavendish, Duchess of Devonshire. Another sister Mary Plumer was the mother of the long-serving MP William Plumer. Bernard was educated at
Eton College Eton College ( ) is a Public school (United Kingdom), public school providing boarding school, boarding education for boys aged 13–18, in the small town of Eton, Berkshire, Eton, in Berkshire, in the United Kingdom. It has educated Prime Mini ...
and
Peterhouse, Cambridge Peterhouse is the oldest Colleges of the University of Cambridge, constituent college of the University of Cambridge in England, founded in 1284 by Hugh de Balsham, Bishop of Ely. Peterhouse has around 300 undergraduate and 175 graduate stud ...
, where his grand-uncle Bernard had been Master in the 1660s, matriculating at Peterhouse in 1695, graduating B.A. in 1699 and M.A. 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, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
, and was briefly one of its Benchers.


Family

He married Anne Thoresby (or Thursby) daughter of John Thoresby of
Northampton Northampton ( ) is a town and civil parish in Northamptonshire, England. It is the county town of Northamptonshire and the administrative centre of the Unitary authorities of England, unitary authority of West Northamptonshire. The town is sit ...
. They had seven children: *William Hale (died 1793), who married Elizabeth Farnaby, daughter of Sir Charles Farnaby, 1st Baronet. They had four children, including Anne, wife of Sir Edward Dering, 7th Baronet, and William, husband of the Hon. Mary Grimston, daughter of James Grimston, 2nd Viscount Grimston and Mary Bucknall; *Richard Hale (died 1812); * General Bernard Hale (died 1798), who married Martha Rigby, sister of the leading statesman Richard Rigby, and had a son Francis Hale Rigby; * General John Hale, Governor of Londonderry (died 1806); he married the noted beauty Mary Chaloner, daughter of William Chaloner of Guisborough (she was painted by
Joshua Reynolds Sir Joshua Reynolds (16 July 1723 – 23 February 1792) was an English painter who specialised in portraits. The art critic John Russell (art critic), John Russell called him one of the major European painters of the 18th century, while Lucy P ...
), and had twenty-one children, almost all of whom reached adulthood; *Catherine Hale, who married Thomas Nugent; *Jane Hale (died 1794), who married Reverend Martin Madan (1726-1790), a clergyman noted for his controversial views on marriage, and in particular his book ''Thelyphthora'', a defence of
polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...
. They had five children; her portrait was painted by Allan Ramsay. *Anne Hale, unmarried.


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 assizes (), or courts of assize, 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 ex ...
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), Monaghan barony. The population of the town as of the 2022 cen ...
: 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. 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 ...
: 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: to qualify for that office he was made a Serjeant-at-law, and received a
knighthood A knight is a person granted an honorary title of a 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. The concept of a knighthood ...
. 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 H ...
, 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 18th-century Irish judges