User:Charles Matthews/Diff

Life

He was the only son of Sir Edward Hales, bart., of Tunstall, Kent, a royalist, by his wife Anne, the youngest of the four daughters and coheirs of Thomas Wotton, 2nd Baron Wotton. He was a descendant of John Hales (died 1539), baron of the exchequer. On the death of his father in France, soon after the English Restoration of 1660, he succeeded to the baronetcy, and in the reign of Charles II he purchased the mansion and estate of St. Stephen's, near Canterbury, where his descendants afterwards resided. He was educated at Oxford, and Obadiah Walker, of University College, his tutor, influenced him in the direction of Roman Catholicism; but he did not declare himself a Catholic until the accession of James II. He was formally reconciled to the Catholic Church on 11 November 1685.

On 28 November 1673 Hales had been admitted to the rank of colonel of a foot regiment at Hackington, Kent, but, contrary to the statute 25 Charles II, he had not received the sacrament within three months, according to the rites of the Church of England, nor had he taken the oaths of allegiance and supremacy. James now gave him a dispensation from these obligations by letters patent under the Great Seal; and 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. The defendant pleaded the king's dispensation. 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 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.

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 Castle, 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.

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 Whitehall on 11 December, in the hope of escaping to France. The vessel which conveyed them was discovered the next day as it lay in the river off Faversham, and the king and his three attendants were conducted 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 Oct. 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 Jan. 1689–90 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 to St. Germains, 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.

Sir Edward, in 1694, 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 Giffard and Dr. Thomas Witham. Hales left in manuscript a journal of his life, which Charles Dodd used in his Church History

Family

By his wife Frances, daughter of Sir Francis Windebank, kt., of Oxfordshire, he had five sons and seven daughters. Edward, his eldest son, was killed in the service of James II at the Battle of the Boyne, and John, the second son (d 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.

References

• Dictionary of National Biography, Hales, Sir Edward, titular Earl of Tenterden (d. 1695), by Thompson Cooper. Published 1890.

Attribution

 This article incorporates text from a publication now in the public domain: Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900. {{cite encyclopedia}}: Missing or empty |title= (help)