Hale is in the American pantheon not because of what he did but because of why he did it.
I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their own innocence.Lord Kenyon, King v. Airey, 2 East, 34.
HENRY: Now it is necessary to court her, and win her, and put on this clean dressing gown, and cut my various nails, and drink something that will kill the millions of germs in my mouth, and say something flattering, and be witty and bonny, and hale and kinky, all just to ease this wrinkle in the groin. It seems a high price.Donald Barthelme
Judicial decisions in Courts of justice are ranked by Lord hale as one of the grounds or constituents of the common law.Tindal, L.C.J., Balme v. Hutton (1833), Moore & Scott's Rep. 61, referring to Hale's "History of the Common Law," c. 4.
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