Edward Burtenshaw Sugden, 1st Baron Saint Leonards, (12 February 178129 January 1875) was a British lawyer, judge and

Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

politician.

Background

Sugden was the son of a high-class hairdresser and wig-maker in

Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...

, London. Details of his education are said to be "obscure". It appears that he was mostly self-taught, although he also attended a private school. His humble origins and rapid rise were frequently remarked upon by his contemporaries: when he first attempted to enter Parliament, he was heckled at hustings for being the son of a barber. Later,

Thomas Fowell Buxton Sir Thomas Fowell Buxton, 1st Baronet (1 April 1786Olwyn Mary Blouet, "Buxton, Sir Thomas Fowell, first baronet (1786–1845)", ''Oxford Dictionary of National Biography'', Oxford University Press, 2004; online ed., May 201accessed 25 April 20 ...

would write that "there are few instances in modern times of a rise equal to that of Sir Edward Sugden".

Legal and political career

After practising for some years as a

conveyancer In most Commonwealth countries, a conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing. A conveyancer can also be (but need not be) a solicitor, licensed conveyancer, or a f ...

, Sugden was called to the bar at Lincoln's Inn in 1807, having already published his well-known ''Concise and Practical Treatise on the Law of Vendors and Purchasers of Estates''. In 1822 he was made King's Counsel. He was returned at different times for various boroughs to the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...

, where he made himself prominent by his opposition to the Reform Bill of 1832. He was appointed Solicitor General in 1829, receiving the customary

knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the ...

. As Solicitor-General he took a narrow view of

Jewish emancipation Jewish emancipation was the process in various nations in Europe of eliminating Jewish disabilities, e.g. Jewish quotas, to which European Jews were then subject, and the recognition of Jews as entitled to equality and citizenship rights. It in ...

, arguing that "They had possessed nothing; they held nothing. They had no civil rights; they never had any." In 1834–5 Sugden was made Lord Chancellor of Ireland in Peel's first ministry, and was sworn of the Privy Council on 15 December 1834. Sugden was again the Irish Lord Chancellor in Peel's second ministry, serving from 1841 to 1846. In 1849, Sugden published ''A Treatise on the Law of Property as administered in the House of Lords'', in which he criticised the decisions given in the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

when acting as a Court of Appeal. In Lord Derby's first government in 1852 he became

Lord High Chancellor of Great Britain The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...

and was raised to the peerage as Baron Saint Leonards, of

Slaugham Slaugham () is a village and civil parish in the Mid Sussex District of West Sussex, England. It is located to the south of Crawley, on the A23 road to Brighton. The civil parish covers an area of . At the 2001 census it had a population of 2,226 ...

in the

County of Sussex Sussex (), from the Old English (), is a historic county in South East England that was formerly an independent medieval Anglo-Saxon kingdom. It is bounded to the west by Hampshire, north by Surrey, northeast by Kent, south by the English ...

. In this position he devoted himself with energy and vigour to the reform of the law (note his important dissenting opinion in ''Jorden v Money (1854) 5 HL Cas 185''); Lord Derby on his return to power in 1858 again offered him the same office, which from considerations of health he declined. He continued, however, to take an active interest especially in the legal matters that came before the House of Lords, and bestowed his particular attention on the reform of the law of property. He championed the fulfilment of the will of J. M. W. Turner with regard to his art bequests in 1857–70.

Publications

Lord Saint Leonards was the author of various important legal publications, many of which have passed through several editions. Besides the treatise on purchasers already mentioned, they include Powers, Cases decided by the House of Lords, Gilbert on Uses, New Real Property Laws and Handybook of Property Law, Misrepresentations in Campbells Lives of Lyndhurst and Brougham, corrected by St Leonards.

Family

Lord Saint Leonards married Winifred, daughter of John Knapp, in 1808. She died in May 1861, Lord Saint Leonards died at

Boyle Farm Thames Ditton is a suburban village on the River Thames, in the Elmbridge borough of Surrey, England. Apart from a large inhabited island in the river, it lies on the southern bank, centred 12.2 miles (19.6 km) southwest of Charing Cro ...

Thames Ditton Thames Ditton is a suburban village on the River Thames, in the Elmbridge borough of Surrey, England. Apart from a large inhabited island in the river, it lies on the southern bank, centred 12.2 miles (19.6 km) southwest of Charing Cross ...

, in January 1875, aged 93, and was succeeded in the barony by his grandson, Edward.

Inheritance dispute

After his death his will was missing but his daughter, Charlotte Sugden, was able to recollect the contents of a most intricate document, and in the action of Sugden v. Lord Saint Leonards (L.R. 1 P.D. 154) the

Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...

accepted her evidence and granted probate, admitting into the probate a paper propounded as containing the provisions of the lost will. This decision established the proposition that the contents of a lost will, that can be proven to have existed, may be proved by secondary evidence, even of a single witness. Charlotte Sugden submitted sworn testimony that Lord Saint Leonards was in the habit of reading his will every night, such that his daughter had to listen to it and over some years memorised it. This decision became a well known fact and narrow precedent in legal circles, departing from provisions of the

Wills Act 1837 The Wills Act 1837 (1 Victc 26 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will ...

which remained the principal legislation governing an area shaped by equity and later by

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

Arms

Notes

References

*
Dittopedia
the collaborative local history of Thames Ditton

External links