Page "Matthew Hale (jurist)" Paragraph 12

Oliver Cromwell, noting Hale's abilities, asked him to become a Justice of the Common Pleas.

Although Hale considered that taking this commission would make others think he supported the Commonwealth, he was persuaded to do so, replacing John Puleston.

Only Serjeants-at-Law could become judges, and as such Hale was made a Serjeant on 25 January 1653.

He was formally appointed a Justice of the Court of Common Pleas, one of the three principal Westminster courts, on 31 January 1653, on the condition that he " would not be required to acknowledge the usurper's authority ".

He also refused to put people to death for offences against the government ; he believed that because the government authorising him to do so was an illegal one, " putting men to death on that account was murder ".

William Blackstone later wrote that " if judgment of death be given by a judge not authorized by lawful commission, and execution is done accordingly, the judge is guilty of murder ; and upon this argument Sir Matthew Hale himself, though he accepted the place of a judge of the Common Pleas under Cromwell's government, yet declined to sit on the crown side at the assizes, and try prisoners, having very strong objections to the legality of the usurper's commission ".

Hale also made decisions which negatively impacted on the Commonwealth, executing a soldier for murdering a civilian in 1655, and actively refusing to attend a court hearing outside term time.

On another occasion, Cromwell personally selected a jury in a trial he was concerned with, something contrary to law ; as a result, Hale dismissed the jury and refused to hear the case.

On 15 May 1659, Hale chose to retire, and was replaced by John Archer.