RepositoryLambeth Palace Library
LevelFile
Alt Ref NoMS 3476
Extent161 ff.
TitleLegal papers of Sir Matthew Hale
Date1577-1672
DescriptionAs follows:
Opinions on questions propounded by the Lord Keeper concerning forfeiture of the goods of felons and outlaws, by Edmund Plowden, Thomas Bromley, Solicitor-General, and Gilbert Gerard, Attorney-General, 1577-8 (damaged) (ff.1-2v).
List of Acts of Parliament to 43 Eliz.I recommended for repeal or consolidation, with some recommendations for new legislation. Most concern trade but others public order (castles, liveries, hue and cry) (ff.3-28).
Warrant to justices of assize in Suffolk that Thomas Baxter, gent., is accused of rape but if found guilty should be reprieved until further pleasure. Signed, 'R. Heath' (d. 1649) (copy) (f.29).
Endorsed, 'Forme of a repreeve'.
Opinion by Sir John Bramston concerning charitable uses, 28 May 1650 (f.30).
'A short view of the method of the proceedings of the Commissioners for Adiudication of Claymes in Ireland', n.d. (ff.31-2).
Notes by Hale entitled 'Concerninge the Kinges bench and Common pleas', with a note of legal reforms recommended, c.1652 (f.33r-v).
List of suits headed 'Errors in the Exchequer Chamber', Michaelmas term 1657 (ff.35-36v).
Draft by Hale of an Act of Parliament legalising legislation during the Commonwealth, [1660]. Also a form of prorogation of Parliament (ff.37-38v).
'Concerning any presidents in the case betwixt the King and Squibb uppon this doubt scilt. whether a writt of error to reuerse a iudgment on the petty bagg side in this court ought to bee made retornable in Parliament or in the King's Bench', after 1660. Legal notes by Hale (ff.39-40v).
Judicial opinion by Hale to Sir John Knight, Mayor of Bristol, concerning powers of the justices at Quarter Sessions on an appeal from a judgement of the Commissioners for Excise, after 1663 (f.41).
Abstract of Thomas Cooke and others v W. Turnor and others, with opinions by Walter Walker, John Clark, and Robert Wiseman, [1669] (ff.42-7).
Abstract of Pinfold v Northey in the Exchequer, 1672. Also 'The case upon the speciall Verdict' annotated by Hale (ff.48-51).
Copy by Hale of forms of warrants to constables and other officials in Gloucestershire, numbered 5-29. On the back (f.57v) a list of clothing perhaps for a funeral (ff.52-7).
Legal Opinions by Hale, c.1640-60:
Summary of Boucher v Stubbs and others in Chancery concerning a bond for £400, 1641 (ff.58-59v).
Case and opinion concerning the grant of a lease for lives by John Chappell of the prebend of Combe and Harnham, Wilts., after 1642 (f.60r-v).
Case and opinion concerning the conveyance by Robert Halford of a moiety of the manor of Little Marcle, Heref., 1646 (f.62r-v).
'The Notes of ye speciall verdict betweene Will: Brabins Pl. and Tho: Beckett Deffnt: from Mr. Hoddesdon 8vo Julii 1647'. Thomas Twisden appeared for the defendant; Hale appeared for the plaintiff. An inserted sheet (f.65) in the hand of James Fairhurst states 'The 1st Hale MS bought by me, 1938' (f.63).
Case and opinion concerning an entail of property at Kington St. Michael, Wilts., to descendants of Henry White of Langley Burrell, Wilts., clothier, c.1650 (f.66r-v).
Case and opinion concerning the validity of a distress for rent by John Filer, rector, of the parsonage of Litton Cheney, Dorset, c.1650 (f.67r-v).
Case and opinion concerning the apportionment of crown rents on certain properties in Norfolk, c.1651 (f.68r-v).
Case and opinion concerning the right of Mrs. Margaret Gatward, widow, to a lease of lands in Hertfordshire granted in trust at her marriage, c.1651 (f.70).
Case and opinion concerning the reversionary grant of the office of Clerk of the Pipe to Sir Robert Croke, [1652] (f.72).
Case and opinion concerning settlement of lands by Sir Anthony Thomas (d. 1641), c.1652 (f.74).
Case and opinion concerning the validity of a conveyance of the manor of Sarnesfield, Heref., to Elizabeth Mornington notwithstanding the delinquency of Edward Somerset, 2nd Marquess of Worcester, c.1653 (f.75).
Opinion on a contingent remainder in the estate of Sir Thomas Temple, of Stowe, 1st Bart., after 1653 (f.76r-v).
Case and opinion concerning right of presentation to the advowson of Whichford, [Warks.], part of the possessions of William Shelton als Sheldon, of Corringham, Essex, forfeited in 1652 for treason, c.1654 (ff.77-78v).
Case and opinion concerning an entail by Sir John Speccott of the manors of Thornbury and Torrington, Devon, after 1655 (ff.79-80v).
Case and opinion concerning the claim by Robert Halforde, of Gloucester, to a messuage in Barton Street, Gloucester, and the manor of Barton Abbots on his marriage to Anne, daughter of William Windowe, of Gloucester, 1655 (ff.81-82v).
Case and opinion concerning a claim by John Ayliffe, gent., to a property called Chestlehill occupied by him by virtue of a bond for payment of an annuity, c.1655 (f.83r-v).
Case and opinion concerning the inheritance of the manor of Prescote, Oxon., and other lands belonging to Henry Danvers, Earl of Danby, after 1655 (ff.85-6).
Case and opinion concerning a suit for debt against Oliver Vaughan wrongfully released from the Fleet, c.1656 (f.87). Endorsed, 'Sheppard'.
Case and opinion concerning the settlement by Sir Henry Lee of an estate at Bishop's Lavington, Wilts., and elsewhere, purchased from Henry Danvers, Earl of Danby, c.1658 (ff.89-90).
Case and opinion concerning the bequest by Edmund Assheton of tithes at Frampton, Lincs., 1659 (f.91).
Case and opinion concerning rents of the manor of Abergavenny, Mon., following the confiscation of the estates of the Marquess of Worcester, 10 January 1659 (f.92).
Case and opinion concerning a fine levied by Henry Winter, esq., of lands in Clayton, Wraxall and Portbury, Somerset, in the court of common pleas 'there being then but one Judge in Commission', 1659 (ff.94-5).
Case and opinion concerning the settlement of lands at Allington, Hants., on Edmund Ludlow, son of Sir Henry Ludlow, c.1659 (ff.96-100).
Case and opinion concerning suit by George Robins for the submission of accounts for lands in London and Worcestershire inherited after a minority, 1659 (ff.101-102v).
Case and opinion concerning the inheritance of lands at Metheringham, Lincs., granted by James I to John Ramsay, 1st Earl of Holderness (d. 1626) and subsequently by the crown to William Murray, 1659 (f.103r-v).
Case and opinion concerning lands in Oxfordshire and elsewhere settled by Sir Thomas Pope, 24 February 1660 (ff.104-107v). Endorsed, [Thomas Pope, 2nd] 'Earl of Downe'.
Case and opinion concerning the validity of a lease by William Lenthall of part of the Rolls garden, London, c.1660 (ff.108-9).
Case and opinion concerning the grant without fine or recovery of tithes at Hayton and Altkar, Lancs., and elsewhere, by Richard Molyneux, 2nd Viscount Molyneux of Maryborough, c.1660 (ff.110-111v).
Case and opinion concerning the dispossession of copyholders on forfeited lands of the Marquess of Worcester, n.d. (ff.112-13).
Opinion in a dispute between John Harvey, Rector of Iron Acton (1641), and tenants at Latteridge, Glos., concerning small tithes, n.d. (ff.114-15).
Case and opinion concerning the mortgage of collieries at Harraton and Rickleton, co. Durham, by Sir John Hedworth (d. 1642) and Dorothy his wife, n.d. (ff.116-118v).
Opinion that an unidentified case referred from Chancery be submitted to the courts of common law by special pleading or special verdict, n.d. (f.119).
Opinion concerning the power of a Hospital to grant leases, n.d. (f.120).
Endorsed, 'Newcastle Hospitall'.
Case and opinion concerning wood from hedgerows at Chesham, Bucks., n.d. (ff.122-3).
Opinion in favour of the trustees of the borough of Tetbury, Glos., in a dispute concerning the right of presentation to the vicarage, n.d. (f.124).
Opinion concerning the tithes of Yate, Glos., n.d. (ff.125-6).
Case and opinion in Isaacke Wincoll v Harbert Pelham concerning lands in Essex, n.d. (f.127r-v).
Opinion on rights of warren, n.d. (ff.128-9).
Case and opinion concerning the rights of the lord of a manor to lands between high and low water adjoining the waste, n.d. (ff.130-1).
Case and opinion concerning a bequest of copyhold by Jane Hathway to her husband William Hathway, n.d. (f.132).
Case and opinion concerning an inheritance disputed between Thomas Whittingham and Sir John Vavasour, n.d. (ff.134-5).
Case and opinion concerning the assignment of an annuity by Joan Watkins to her husband Nicholas Woodford, n.d. (f.136).
Case and opinion concerning judgement against two executors, n.d. (f.137).
Case and opinion concerning a bequest by Anthony Hill of lands at ?Imbercombe, n.d. (f.138).
Case and opinion concerning inheritance of the manor of Dale, n.d. (f.139).
Endorsed, 'Mr. Parker's Case'.
Opinion concerning a jointure, parties unnamed, n.d. (ff.140-1).
Case and opinion in a suit by Thomas Stampe, of London, merchant, against Richard Vale, of Brabant, merchant, who has sworn allegiance to the King of Spain, a joint stock of £4000 having been made between them. Vale has purchased an estate in England in the name of Tirrell and continues to trade in England under another name, n.d. (ff.142-3).
Case and opinion concerning the entail of lands of William Langrish at Donnington, Sussex, n.d. (f.144).
Case and opinion concerning an entail by Sir Thomas Clerke in 1605 of the manors of Mington and Worthy Pauncefoote, Hants., n.d. (f.145r-v).
Incomplete opinion in a suit in the Exchequer 'about 3 yeares since' against the city of London concerning tolls and customs claimed by Sir Thomas Clerke, n.d. (f.146).
Case and opinion concerning the payment of fines or compositions by students admitted to chambers in Furnivall's Inn, including memo. of an agreement dated 4 June 1641 between Furnivall's Inn and John Brownell, gent., for the latter to build nine chambers and three garrets on the site of the old building (ff.148-150v).
Case and opinion concerning the tithes of Orlingbury, Northants., n.d. (ff.152-3).
'The case of The Inhabitants of the Town and Parishe of Croyden [Croydon] in the hundred of Brixton and Wallington', Surrey, concerning the imposition of a rate by the constables, n.d. (f.154).
Case and opinion concerning the inheritance by Robert Reeve of lands at Hacklestone, Wilts., n.d. (f.155).
Opinion defining burglary, n.d. (ff.156, 157v).
Case and opinion concerning the entail of the estate of John Southwell, n.d. (ff.158-9).
Judgement by John Driver in a case of debt at Gloucester assizes, 1657 (f.160).
PublnNoteSee Lambeth Palace Library Z664.L2 5.24 [These consist of notes made by Simon Keynes regarding the dispersal of the Fairhurst Collection. (unpublished)]

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DS/UK/5813Bramston; Sir; John (1577-1654); Knight; judge1577-1654
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GB/109/16084Danvers; Henry (1573-1644); Earl of Danby; army officer and administrator1573-1644
NA2776Hale; Sir; Matthew (1609-1676); Knight; Judge; Antiquary1609-1676
GB/109/12794England and Wales; Court of King's Bench; 1536-17071536-1707
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GB/109/17955Molyneux; Richard (c.1623-1654); 2nd Viscount Molyneux of Maryborough; royalist and army officerc.1623-1654
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GB/109/17996Temple; Sir; Thomas (-1674); 1st baronet; colonial governor-1674
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DS/UK/3176Fairhurst; James (-1999); collector of manuscripts-1999
GB/109/18032Gerard; Sir; Gilbert (-1593); judge and attorney-general-1593
GB/109/18066Lee; Sir; Henry (1533-1611); Queen's Champion1533-1611
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GB/109/18079Pope; Sir; Thomas (c.1507-1559); founder of Trinity College, Oxfordc.1507-1559
GB/109/18080Pope; Thomas (1622-1660); 2nd Earl of Downe; nobleman1622-1660
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