Cromartie Alan. Sir Matthew Hale, 1609-1676: Law, Religion and Natural Philosophy (Cambridge Studies in Early Modern British History) (ENG)

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Sir Matthew Hale (1609-76) was the greatest common lawyer of his age,

and the most universally admired. Although he held office under Oliver

Cromwell, this barely affected his standing in Restoration times.

A study of Hale's life and thought necessarily illuminates the central role of

the common law in Stuart politics. This book explains Hale's political ideas,

and his subtle understanding of the peculiar character of

'unwritten' law. It

also covers his extensive writings on scientific and religious questions,

writings which document a shift from puritan to liberal Protestantism. His

acute but equivocal response to the science of Descartes and Boyle reveals a

fascinating interplay between his 'latitudinarianism' and the new natural

philosophy. The result is a unique case study, and a comprehensive portrait of

a seventeenth-century mind.

Cambridge Studies in Early Modern British History

SIR MATTHEW HALE (1609-1676)

Cambridge Studies in Early Modern British History

Series editors

ANTHONY FLETCHER

Professor of Modern History, University of Durham

JOHN

GUY

Professor of Modern History, University ofSt Andrews

and

JOHN

MORRILL

Reader in Early Modern History, University of Cambridge, and Fellow and Tutor of Selwyn

College

This is a series of monographs and studies covering many aspects of the history of the

British Isles between the late fifteenth century and the early eighteenth century. It

includes the work of established scholars and pioneering work by a new generation of

scholars.

includes both reviews and revisions of major topics and books which open up

new historical terrain or which reveal startling new perspectives on familiar subjects. All

the volumes set detailed research into our broader perspectives and the books are

intended for the use of students as well as of their teachers.

For a list of titles in the series, see end of book.

SIR MATTHEW HALE

1609-1676

Law, religion and natural philosophy

ALAN CROMARTIE

Trinity College, Cambridge

CAMBRIDGE

EJP UNIVERSITY PRESS

PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE

The Pitt Building, Trumpington Street, Cambridge, United Kingdom

CAMBRIDGE UNIVERSITY PRESS

The Edinburgh Building, Cambridge CB2 2RU, UK

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477 Williamstown Road, Port Melbourne, VIC 3207, Australia

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http://www.cambridge.org

This book is in copyright. Subject to statutory exception

and to the provisions of relevant collective licensing agreements,

no reproduction of any part may take place without

the written permission of Cambridge University Press.

First published 1995

First paperback edition 2003

A catalogue record for this book is available from the British Library

Library of Congress cataloguing in publication data

Cromartie, Alan.

Sir Matthew Hale (1609—1676): law, religion, and natural philosophy /Alan Cromartie.

cm.

—

(Cambridge studies in early modern British history)

Includes bibliographical references and index.

ISBN0 521 45043 8 (he)

Hale, Matthew, Sir, 1609-1676. 2. Lawyers - England - Biography.

Law - England - History. 4. Hale, Matthew, Sir, 1609-1676 - Views on religion.

Hale, Matthew, Sir, 1609—1676

—

Views on science.

I. Title. II. Series.

KD621.H34C76 1995

340'.092 - dc20 94-9611 CIP

ISBN 0 521 45043 8 hardback

ISBN 0 521 53446 1 paperback

Transferred to digital printing 2003

In memory of my father

CONTENTS

Introduction: a summary life

Part I: Law

1 Coke: the appeal to reason 11

2 Selden: the appeal to contract 30

3 The rights of the Crown 42

4 Interregnum 58

5 Protectorate 74

6 Restoration: 'the nature of laws' 89

7 Restoration: constitutional theory 98

8 Restoration: legal practice 118

Part II: Religion

9 Hale's 'puritanism' 139

10 Hale's 'latitudinarianism' 156

11 Hale and religious dissent 173

Part III: Natural philosophy

12 Natural motions 195

13 The Torricellian experiment 209

14 The soul 218

Contents

Conclusion

234

Appendix:

Hale

and

witchcraft

237

Bibliography

240

Index

258