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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 record not equalled by anyone except Lords Hardwicke and Eldon. The son of a newspaper editor, Giffard was called to the English bar in 1850 and acquired a large criminal practice, defending the likes of Governor Eyre and Arthur Orton, the Tichborne claimant. He was chosen as solicitor-general by Disraeli in 1874, despite not securing a seat in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, 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 ...
until three years later. In 1885, he was appointed to the lord chancellorship by
Lord Salisbury Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury (; 3 February 183022 August 1903), known as Lord Salisbury, was a British statesman and Conservative Party (UK), Conservative politician who served as Prime Minister of the United ...
, and was created Baron Halsbury, serving until the following year. He then held the lord chancellorship again from 1886 until 1892, and from 1895 until 1905, when he resigned, aged 86. In 1898, he was further honoured with an earldom and a viscounty, becoming the Earl of Halsbury. After relinquishing the lord chancellorship, Halsbury continued to sit as a law lord, delivering a judgement aged 93 in 1916. During the constitutional crisis over the Parliament Act 1911, Halsbury was one of the principal leaders of the rebel faction of Tory peers—labelled the " Ditchers"—that resolved on all out opposition to the government's bill limiting the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
' veto whatever happened. He was also the first editor of the legal encyclopaedia which today bears his name, '' Halsbury's Laws of England''. During his tenure on the woolsack, Halsbury was accused of favouring conservative lawyers for judicial appointments, although the consideration of political allegiances for judicial appointments was a common practice at the time, and later commentators have blamed bad luck for the failure of several of the judges he appointed. He was also accused of allowing political considerations affect his decisions as a judge, in particularly as they related to trade unions. He was, however, sympathetic to working men seeking workmen's compensation. In the realm of legal reform, he was responsible for enacting the Land Transfer Act of 1897 and the Criminal Evidence Act of 1898.


Early life and career

Born in Pentonville,
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
, Giffard was the third son of Stanley Lees Giffard, editor of the ''
London Evening Standard The ''London Standard'', formerly the ''Evening Standard'' (1904–2024) and originally ''The Standard'' (1827–1904), is a long-established regional newspaper published weekly and distributed free of charge in London, England. It is print ...
'', by his wife Susanna, daughter of Francis Moran, Downhill, Ballina,
County Mayo County Mayo (; ) is a Counties of Ireland, county in Republic of Ireland, Ireland. In the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, it is named after the village of Mayo, County Mayo, Mayo, now ge ...
. Hardinge attended
Merton College, Oxford Merton College (in full: The House or College of Scholars of Merton in the University of Oxford) is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Its foundation can be traced back to the 126 ...
. During his time at Merton, he rowed in four seat of the Merton College Boat Club in 1844. His mother died when he was five, and his father married his cousin, Mary Anne Giffard. He was educated by his father at home, before entering
Merton College, Oxford Merton College (in full: The House or College of Scholars of Merton in the University of Oxford) is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Its foundation can be traced back to the 126 ...
, where he obtained a fourth-class degree in '' literae humaniores'' in 1845. Between 1845 and 1848, he helped his father edit the ''Standard''. Having entered the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...
as a student in 1848, he was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
there in 1850. Giffard joined the Westen, then the South Wales circuits. Afterwards he had a large practice at the Central Criminal Court and the
Middlesex Middlesex (; abbreviation: Middx) is a Historic counties of England, former county in South East England, now mainly within Greater London. Its boundaries largely followed three rivers: the River Thames, Thames in the south, the River Lea, Le ...
sessions, and he was for several years junior prosecuting counsel to the
Treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...
, and working treasurer in 1881. He was engaged in most of the celebrated trials of his time, including the Overend and Gurney and the Tichborne cases. He 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 1865, and a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher c ...
of the Inner Temple.


Solicitor-General and House of Commons, 1874–1885

Giffard twice contested
Cardiff Cardiff (; ) is the capital city, capital and List of urban areas in the United Kingdom, largest city of Wales. Cardiff had a population of in and forms a Principal areas of Wales, principal area officially known as the City and County of Ca ...
for the
Conservatives Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...
in 1868 and 1874, but he was still without a seat in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, 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 ...
when he was appointed Solicitor-General by Disraeli in 1875 and received the customary
knight 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 ...
hood. He also failed to gain a seat in a by-election in Horsham in 1876. In 1877 he succeeded in obtaining a seat, when he was returned for Launceston, which he continued to represent until his elevation to the peerage. Between 1883 and 1919, he had been the constable of Launceston Castle, he was appointed by
Edward VII Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom and the British Dominions, and Emperor of India, from 22 January 1901 until Death and state funeral of Edward VII, his death in 1910. The second child ...
, Duke of Cornwall.


Lord Chancellor and House of Lords, 1885–1905

In 1885, Giffard was appointed Lord High Chancellor of Great Britain in
Lord Salisbury Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury (; 3 February 183022 August 1903), known as Lord Salisbury, was a British statesman and Conservative Party (UK), Conservative politician who served as Prime Minister of the United ...
's first administration, and was created Baron Halsbury, of Halsbury in the County of Devon, thus forming a remarkable exception to the rule that no criminal lawyer could ever reach the woolsack. He resumed the position in 1886 and held it until 1892 and again from 1895 to 1905, his tenure of the office, broken only by the brief Liberal ministries of 1886 and 1892–1895, being longer than that of any Lord Chancellor since Lord Eldon. In 1898 he was created Earl of Halsbury and Viscount Tiverton, of Tiverton, Devon. Halsbury was an opponent of the British trade union movement and used his position to appoint anti-union justices in the judicial system, leading to decisions such as '' Taff Vale Rly Co v Amalgamated Society of Rly Servants'' and '' Quinn v Leathem'' which restricted the unions' right to strike. The legal threats to trade unions at this time drove them to form the Labour Party to seek parliamentary representation.


Later career and leader of the "ditchers", 1905–1921

During the crisis over the Parliament Act 1911, Halsbury was one of the principal leaders of the rebel faction of Tory peers—labelled the " Ditchers"—that resolved on all out opposition to the government's bill limiting the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
' veto whatever happened. At a meeting of Conservative peers on 21 July of that year, Halsbury shouted out "I will divide even if I am alone". As Halsbury left the meeting a reporter asked him what was going to happen. Halsbury immediately replied: "Government by a Cabinet controlled by rank socialists". Halsbury was also President of the
Royal Society of Literature The Royal Society of Literature (RSL) is a learned society founded in 1820 by King George IV to "reward literary merit and excite literary talent". A charity that represents the voice of literature in the UK, the RSL has about 800 Fellows, elect ...
, Grand Warden of English Freemasons, and High Steward of the
University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
, and warden of guild of undergraduates in
University of Birmingham The University of Birmingham (informally Birmingham University) is a Public university, public research university in Birmingham, England. It received its royal charter in 1900 as a successor to Queen's College, Birmingham (founded in 1825 as ...
. He also became the chairman of guilds in the London institute, president of royal society of literature in 1911–12. Halsbury's lasting legacy was the compilation of a complete digest of " Halsbury's Laws of England" (1907–1917), a major reference work published in many volumes and often called simply "Halsbury's". "Halsbury's Laws" was followed by a second multiple-volume reference work in 1929, "
Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Me ...
", and later by " Halsbury's Statutory Instruments". Lord Halsbury died on 11 December 1921, aged 98.


Family

Halsbury married firstly Caroline, daughter of William Corne Humphreys, in 1852. There were no children from this marriage. Caroline died in September 1873. Halsbury married secondly Wilhelmina, daughter of Henry Woodfall, in 1874. He died in December 1921, aged 98, and was succeeded by his only son from his second marriage, Hardinge. The Countess of Halsbury died in December 1927.


Character and assessment


Appearance

According to Herbert Stephen, "Halsbury's features were good, and expressive of power and resolution; his short and stoutly built figure lent itself to caricature." To G. R. Rubin, writing later, "In physical appearance he was somewhat plain and unprepossessing. He had a broad body, and a large head without eyelashes and with an upraised nose. His short legs accentuated his dumpy and pugnacious appearance. But he exuded an expression of power and resolution."


Assessments

Assessments of Halsbury have varied over the decades. Halsbury's death was not acknowledged in the pages of the '' Law Quarterly Review'', whereas Lord Lindley, who had died two days before Halsbury, was the subject of a tribute.


Notable judgments

Among cases in which Halsbury delivered judgment are: *'' Salomon v Salomon'' *'' Mogul Steamship Co Ltd v McGregor, Gow & Co'' 892AC 25 *'' British South Africa Co v Companhia de Moçambique'' 893AC 602 – the House of Lords overturned a Court of Appeal decision and by so doing established the ''Mozambique rule'', a
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
rule in
private international law Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictio ...
that renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non- justiciable in common law jurisdictions. *'' Bray v Ford'' 896AC 44 *'' Taff Vale Railway Co v Amalgamated Society of Railway Servants'' 901AC 426 *'' Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd'' 9162 AC 307


References


Sources

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External links

* * {{DEFAULTSORT:Giffard, Hardinge 1st Earl of Halsbury Halsbury, Hardinge Giffard, 1st Earl of Halsbury, Hardinge Giffard, 1st Earl of Halsbury, Hardinge Giffard, 1st Earl of Halsbury, Halsbury, Hardinge Giffard, 1st Earl of Halsbury, Hardinge Giffard, 1st Earl of UK MPs 1874–1880 UK MPs 1880–1885 UK MPs who were granted peerages Politicians from Cornwall Solicitors general for England and Wales Members of the Judicial Committee of the Privy Council Members of the Parliament of the United Kingdom for Launceston Fellows of the Royal Society Presidents of the Royal Society of Literature Alumni of Merton College, Oxford Members of the Privy Council of the United Kingdom Conservative Party (UK) MPs for English constituencies Contributors to Halsbury's Laws of England Halsbury, Giffard, Hardinge 1st Earl of Lawyers from London Presidents of the Classical Association