Sir Edward Hales, 3rd Baronet
Encyclopedia
Sir Edward Hales, 3rd Baronet (28 September 1645 – October 1695) was an English politician who sat in the House of Commons of England
from 1679 to 1681. He became a Catholic and supported King James II at the time of the Glorious Revolution
.
, Kent
, a Royalist, by his wife Anne Wotton, the youngest of the four daughters and coheirs of Thomas Wotton, 2nd Baron Wotton
. He was a descendant of John Hales, baron of the exchequer. He was educated at University College
, and his tutor Obadiah Walker
influenced him in the direction of Roman Catholicism.
, Kent. He purchased the mansion and estate of St. Stephen's, near Canterbury, where his descendants afterwards resided. He was elected Member of Parliament
for Canterbury
in 1679 and held the seat until 1681. He succeeded to the baronetcy
on the death of his father in 1684.
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
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
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 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 before Sir Edward Herbert, Lord Chief Justice 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.
, and in June 1687 Lieutenant of the Tower of London. Narcissus Luttrell
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.
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
, 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
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
in being reconciled to the church of Rome. On 31 January 1690 he and Obadiah Walker were brought by habeas corpus
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, 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
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.
and Dr. Thomas Witham. Hales left in manuscript a journal of his life, which Charles Dodd used in his Church History.
, 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.
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England 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 Great Britain...
from 1679 to 1681. He became a Catholic and supported King James II at the time of the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
.
Background and early life
Hales was the only son of Sir Edward Hales, 2nd Baronet, of TunstallTunstall
-Place names:United Kingdom*Tunstall, East Riding of Yorkshire*Tunstall, Kent*Tunstall, Lancashire*Tunstall, Norfolk, in the parish of Halvergate*Tunstall, North Yorkshire*Tunstall, Stafford, near to Eccleshall...
, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, a Royalist, by his wife Anne Wotton, the youngest of the four daughters and coheirs of Thomas Wotton, 2nd Baron Wotton
Thomas Wotton, 2nd Baron Wotton
Thomas Wotton, 2nd Baron Wotton 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...
. He was a descendant of John Hales, baron of the exchequer. He was educated at University College
University College, Oxford
.University College , is a constituent college of the University of Oxford in England. As of 2009 the college had an estimated financial endowment of £110m...
, and his tutor Obadiah Walker
Obadiah Walker
Obadiah Walker was an English academic and Master of University College, Oxford from 1676 to 1688.-Life:Walker was born at Darfield near Barnsley, South Yorkshire, and was educated at University College, Oxford, becoming a fellow and tutor of this College and a prominent figure in University circles...
influenced him in the direction of Roman Catholicism.
Career under Charles II
On 28 November 1673 Hales was admitted to the rank of colonel of a foot regiment at HackingtonHackington
Hackington is a civil parish near Canterbury in Kent, South East England, including the village of Tyler Hill....
, Kent. He purchased the mansion and estate of St. Stephen's, near Canterbury, where his descendants afterwards resided. He was elected Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Canterbury
Canterbury (UK Parliament constituency)
Canterbury is a county constituency which has been represented in the House of Commons of the Parliament of the United Kingdom since 1918. It elects one Member of Parliament by the first past the post system of election....
in 1679 and held the seat until 1681. He succeeded to the baronetcy
Hales Baronets
The Hales Baronetcy, is a title in the Baronetage of England. There were three Hales baronetcies. The oldest was created in 1611 for Edward Hales. He was a member of a Kent family. The second was created in 1660 for Robert Hales, MP for Hythe 1659, also of a Kent family. The third was created in...
on the death of his father in 1684.
Catholicism
Hales declared himself a Catholic on the accession of James IIJames II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
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
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
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
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
. 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
Qui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
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 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 before Sir Edward Herbert, Lord Chief Justice 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.
Career under James II
Hales was sworn in to the privy council, and appointed one of the lords of the admiralty, deputy-warden of the Cinque ports, and lieutenant of Dover CastleDover Castle
Dover Castle is a medieval castle in the town of the same name in the English county of Kent. It was founded in the 12th century and has been described as the "Key to England" due to its defensive significance throughout history...
, and in June 1687 Lieutenant of the Tower of London. Narcissus Luttrell
Narcissus Luttrell
Narcissus Luttrell was an English historian, diarist, and bibliographer, and briefly Member of Parliament for two different Cornish towns...
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 WhitehallWhitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
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
Faversham is a market town and civil parish in the Swale borough of Kent, England. The parish of Faversham grew up around an ancient sea port on Faversham Creek and was the birthplace of the explosives industry in England.-History:...
, 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
Maidstone is the county town of Kent, England, south-east of London. The River Medway runs through the centre of the town linking Maidstone to Rochester and the Thames Estuary. Historically, the river was a source and route for much of the town's trade. Maidstone was the centre of the agricultural...
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
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
in being reconciled to the church of Rome. On 31 January 1690 he and Obadiah Walker were brought by habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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, 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
Edward Hasted was the author of a major county history, The History and Topographical Survey of the County of Kent .-Life:...
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 for a license to return to England, but he died, without obtaining it, in 1695, and was buried in the Église Saint-Sulpice, Paris. By the schedule to his will, dated July 1695, he bequeathed £5,000, to be disposed of according to his instructions by Bonaventure GiffardBonaventure Giffard
Bonaventure Giffard 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:...
and Dr. Thomas Witham. Hales left in manuscript a journal of his life, which Charles Dodd used in his Church History.
Family
Hales married Frances Windebank, daughter of Sir Francis Windebank 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 BoyneBattle of the Boyne
The Battle of the Boyne was fought in 1690 between two rival claimants of the English, Scottish and Irish thronesthe Catholic King James and the Protestant King William across the River Boyne near Drogheda on the east coast of Ireland...
, 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.