Herbert Hardy Cozens-Hardy, 1st Baron Cozens-Hardy, (1838–1920) was a British

politician A politician is a person who participates in Public policy, policy-making processes, usually holding an elective position in government. Politicians represent the people, make decisions, and influence the formulation of public policy. The roles ...

and judge who served as

Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...

from 1907 until 1918.

Early life and career

Cozens-Hardy was born in Letheringsett,

Norfolk Norfolk ( ) is a Ceremonial counties of England, ceremonial county in England, located in East Anglia and officially part of the East of England region. It borders Lincolnshire and The Wash to the north-west, the North Sea to the north and eas ...

, in 1838, the second son of William Hardy Cozens-Hardy, a former

Norwich Norwich () is a cathedral city and district of the county of Norfolk, England, of which it is the county town. It lies by the River Wensum, about north-east of London, north of Ipswich and east of Peterborough. The population of the Norwich ...

solicitor, and Sarah, ''née'' Theobald, daughter of Thomas Theobald, textile manufacturer. His grandmother was the diarist Mary Hardy. His family were Methodists, a connection which proved to be useful in his career at the bar. Cozens-Hardy was educated at

Amersham School Amersham School is a mixed secondary school in Amersham, Buckinghamshire. In September 2011, the school became an Academy. It takes children from the age of 11 through to the age of 18 and has approximately 1020 pupils. In September 2005, the sc ...

and

University College, London University College London (Trade name, branded as UCL) is a Public university, public research university in London, England. It is a Member institutions of the University of London, member institution of the Federal university, federal Uni ...

, where he matriculated in 1858 and gained the

LLB A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

in 1863, later becoming a fellow of University College. He was called to the bar at

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

in 1862, and read in the chambers of Thomas Lewin and James Dickinson. Cozens-Hardy acquired a large junior practice at the Chancery bar, and became

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1882. It was then the practice of Chancery Queen's Counsels to attach themselves to the court of a particular

Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

judge: Cozens-Hardy initially attached himself to the court of Mr Justice Fry; upon the latter's promotion to the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

in 1883 he attached himself to Mr Justice North. In 1893 he became a 'special', a Chancery silk unattached to any particular judge, but who charged a special fee of £50 () per appearance. Popular among his peers, he was elected chairman of the

General Council of the Bar The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the "approved regulator" of barristers, but delegates its regulatory functi ...

and served until his elevation to the bench 1899.

Political career

In 1885, Cozens-Hardy was returned as the

Liberal Liberal or liberalism may refer to: Politics * Generally, a supporter of the political philosophy liberalism. Liberals may be politically left or right but tend to be centrist. * An adherent of a Liberal Party (See also Liberal parties by country ...

Member of Parliament for

North Norfolk North Norfolk is a Non-metropolitan district, local government district in Norfolk, England. Its council is based in Cromer, and the largest town is North Walsham. The district also includes the towns of Fakenham, Holt, Norfolk, Holt, Shering ...

, keeping the seat until 1899. He frequently spoke on legal matters, although he was never a prominent figure. His most important achievement was the

Law of Property Amendment Act 1860 Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art ...

subduing the law of

mortmain Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church ...

into only the modern

rule against perpetuities The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at ...

. This enabled charities and schools to be set up with less bureaucracy to avoid them being declared void. It is nicknamed the ''Cozens-Hardy Act''. He remained with

Gladstone William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British politican, starting as Conservative MP for Newark and later becoming the leader of the Liberal Party (UK), Liberal Party. In a career lasting over 60 years, he ...

when the Liberal Party split over

Irish Home Rule The Home Rule movement was a movement that campaigned for self-government (or "home rule") for Ireland within the United Kingdom of Great Britain and Ireland. It was the dominant political movement of Irish nationalism from 1870 to the end of ...

in 1886, although he wavered towards the defectors for a time.

Legal career

In 1899, the elevation of Sir Robert Romer to the

on the death of Lord Justice Chitty created a vacancy in the Chancery Division. Though

Lord Halsbury Hardinge Stanley Giffard, 1st Earl of Halsbury (3 September 1823 – 11 December 1921) was a British barrister and Conservative politician. He served three times as Lord High Chancellor of Great Britain, for a total of seventeen years, a recor ...

, the

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

, was known to biased toward Conservatives in judicial appointments, he nevertheless recommended Cozens-Hardy for the vacancy, writing to him that "Notwithstanding your abominable politics I think you are the fittest person to succeed Romer". Cozens-Hardy was duly appointed to the High Court and assigned to the Chancery Division, receiving the customary

knighthood A knight is a person granted an honorary title of a 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. The concept of a knighthood ...

in the

1899 Birthday Honours The Queen's Birthday Honours 1899 were announced on 3 June 1899 in celebration of the birthday of Queen Victoria. The list included appointments to various orders and honours of the United Kingdom and British India. The list was published in '' ...

. In 1901, he succeeded Lord Justice Rigby as a Lord Justice of Appeal and was sworn of the Privy Council. In 1907 Cozens-Hardy succeeded Sir Richard Henn Collins as

. He was created Baron Cozens-Hardy, of Letheringsett, in the

County of Norfolk Norfolk ( ) is a ceremonial county in England, located in East Anglia and officially part of the East of England region. It borders Lincolnshire and The Wash to the north-west, the North Sea to the north and east, Cambridgeshire to the west, a ...

, on 1 July 1914. Retiring in 1918, he died less than two years later in 1920, aged 81, and was buried in

Kensal Green Cemetery Kensal Green Cemetery is a cemetery in the Kensal Green area of North Kensington in the Royal Borough of Kensington and Chelsea and the London Borough of Hammersmith and Fulham in London, England. Inspired by Père Lachaise Cemetery in P ...

. His eldest son, the Hon William Cozens-Hardy KC MP, succeeded to the barony. Notable judicial decisions of Cozens-Hardy included: * ''

British South Africa Company v De Beers Consolidated Mines Ltd ''British South Africa Company v De Beers Consolidated Mines Ltd'' 9102 Ch 502 is a judicial decision of the English Court of Appeal relating to the conflict of laws, and clogs upon the equity of redemption. The British South Africa Company (B ...

910 Year 910 ( CMX) was a common year starting on Monday of the Julian calendar. __NOTOC__ Events By place Europe * June 12 – Battle of Augsburg: The Hungarians defeat the East Frankish army under King Louis IV (the Child), using ...

2 Ch 502

Family

In 1868, he married Maria Hepburn, who bore him two sons and two daughters before her death in 1886; the spouse's shared tombstone gives to her its sole epigraph: "Love is as strong as death". His town house was 50

Ladbroke Grove Ladbroke Grove ( ) is a road in the Royal Borough of Kensington and Chelsea, London, England, which passes through Kensal Green and Notting Hill, running north–south between Harrow Road and Holland Park Avenue. It is also the name of the sur ...

, Kensington, London. Via his elder daughter, Katharine, who married

Silvester Horne Charles Silvester Horne **Charles Silvester Horne** (15 April 1865 – 2 May 1914) was a Congregationalist, Congregational minister, Liberal Party (UK), Liberal Member of parliament, MP for Ipswich (UK Parliament constituency), Ipswich, and a no ...

, he was the maternal grandfather of

Kenneth Horne Charles Kenneth Horne, generally known as Kenneth Horne (27 February 1907 – 14 February 1969), was an English comedian and businessman. He is perhaps best remembered for his work on three BBC Radio series: ''Much-Binding-in-the-Mars ...

. His younger daughter, Hope, married Austin Pilkington of that glass and crystal making family, and was mother of

Harry Pilkington William Henry Pilkington, Baron Pilkington (29 April 1905 – 23 December 1983) was an English glass manufacturer and president of the Federation of British Industries. He is remembered politically as chairman of the Pilkington Committee that pr ...

.Burke's Peerage, Baronetage and Knightage, ed. Peter Townend, Burke's Peerage Ltd, 1970, p. 1248

Arms

Footnotes and references

Footnote

Citations

External links

* {{DEFAULTSORT:Cozens-Hardy (1st Baron Letheringsett), Herbert 1838 births 1920 deaths Barons in the Peerage of the United Kingdom Burials at Kensal Green Cemetery 20th-century English judges UK MPs 1885–1886 UK MPs 1886–1892 UK MPs 1892–1895 UK MPs 1895–1900 UK MPs who were granted peerages People from Letheringsett with Glandford Chancery Division judges Liberal Party (UK) MPs for English constituencies Masters of the Rolls Members of the Privy Council of the United Kingdom Knights Bachelor 19th-century King's Counsel English Methodists Alumni of University College London Members of Lincoln's Inn Barons created by George V Alumni of the UCL Faculty of Laws