Matthew Hale’s “Rules for His Judicial Guidance, Things Necessary to Be Continually Had in Remembrance”

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Some time after taking judicial office, Matthew Hale wrote up a list of 18 “Rules for his judicial guidance, things necessary to be continually had in remembrance.” The list below is taken from Campbell, The Lives of the Chief Justices of England (3d. ed. 1874, Vol. II).

  1. That in the administration of justice I am intrusted for God, the King, and country; and therefore,
  2. That it be done, 1. uprightly; 2. deliberately; 3. resolutely.
  3. That I rest not upon my own understanding or strength, but implore and rest upon the direction and strength of God.
  4. That in the execution of justice I carefully lay aside my own passions, and not give way to them, however provoked.
  5. That I be wholly intent upon the business I am about, remitting all other cares and thoughts as unseasonable and interruptions. And, while on the bench, not writing letters or reading newspapers.
  6. That I suffer not myself to be prepossessed with any judgment at all, till the whole business and both parties be heard.
  7. That I never engage myself in the beginning of any cause, but reserve myself unprejudiced till the whole be heard.
  8. That in business capital, though my nature prompt me to pity, yet to consider there is a pity also due to the country.
  9. That I be not to rigid in matters purely conscientious, where all the harm is diversity of judgment.
  10. That I be not biased with compassion to the poor, or favour to the rich, in point of justice.
  11. That popular or court applause or distaste have no influence in anything I do, in point of distribution of justice.
  12. Not to be solicitous what men will say or think, so long as I keep myself exactly according to the rule of justice.
  13. If in criminals it be a measuring cast, to incline to mercy and acquittal.
  14. In criminals that consist merely in words, where no more harm ensues, moderation is no injustice.
  15. In criminals of blood, if the fact be evident, severity is justice.
  16. To abhor all private solicitations, of what kind soever, and by whom soever, in matters depending.
  17. To charge my servants, 1. not to interpose in any matter whatosever; 2. not to take more than their known fees; 3. not to give undue precedence to causes; 4. not to recommend counsel.
  18. To be short and sparing at meals, that I may be the fitter for business.

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Disclaimer: The views and opinions expressed in these posts are those of the individual contributors and do not represent the positions of CIT, the Columbus School of Law, or the Catholic University of America. 

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Matthew Hale’s “Rules for His Judicial Guidance, Things Necessary to Be Continually Had in Remembrance”

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