William Brett, 1st Viscount Esher explained

Honorific-Prefix:The Right Honourable
The Viscount Esher
Honorific-Suffix:PC
Order1:Solicitor-General
Term Start1:10 February 1868
Term End1:16 September 1868
Monarch1:Victoria
Primeminister1:Benjamin Disraeli
Predecessor1:Sir Charles Jasper Selwyn
Successor1:Sir Richard Baggallay
Order2:Master of the Rolls
Term Start2:April 1883
Term End2:1897
Monarch2:Victoria
Predecessor2:Sir George Jessel
Successor2:Sir Nathaniel Lindley
Birth Date: 13 August 1815 [1]
Death Place:London, England
Nationality:British
Party:Conservative
Alma Mater:King's College London
Caius College, Cambridge
Spouse:Eugénie Mayer
Children:3, including Reginald

William Baliol Brett, 1st Viscount Esher, PC (13 August 181524 May 1899), known as Sir William Brett between 1868 and 1883, was a British lawyer, judge, and Conservative politician. He was briefly Solicitor-General under Benjamin Disraeli and then served as a justice of the Court of Common Pleas between 1868 and 1876, as a Lord Justice of Appeal between 1876 and 1883 and as Master of the Rolls. He was raised to the peerage as Baron Esher in 1885 and further honoured when he was made Viscount Esher on his retirement in 1897.

Background and education

Brett was a son of the Reverend Joseph George Brett, of Chelsea, London, by Dorothy, daughter of George Best, of Chilston Park, Boughton Malherbe, Kent.[2] He was educated at Westminster School, King's College London and at Gonville and Caius College, Cambridge. Brett rowed for Cambridge University Boat Club against Leander Club in 1837 and 1838, then in the victorious Cambridge crew against Oxford University in the 1839 Boat Race.[3]

Career

Called to the Bar in 1840, Brett went to the northern circuit and became a Queen's Counsel in 1861. On the death of Richard Cobden in 1865, he unsuccessfully contested Rochdale as a Conservative, but in an 1866 by-election, he was returned for Helston in unique circumstances. He and his opponent polled exactly the same number of votes, and the mayor, as returning officer, then gave his casting vote for the Liberal candidate. As the vote was given after four o'clock, however, an appeal was lodged, and the House of Commons allowed both members to take their seats.

Brett rapidly made his mark in the House, and in early 1868, he was knighted and appointed Solicitor General under Benjamin Disraeli. On behalf of the Crown, he prosecuted the Fenians charged with having caused the Clerkenwell Outrage. In Parliament, he took a leading part in the promotion of bills connected with the administration of law and justice. In August 1868, he was appointed a Justice of the Court of Common Pleas. Some of his sentences in this capacity excited much criticism, notably so in the case of the gas stokers strike, when he sentenced the defendants to imprisonment for twelve months, with hard labour, which was afterwards reduced by the Home Secretary to four months.

On the reconstitution of the Court of Appeal in 1876, Brett was elevated to the rank of a Lord Justice of Appeal. He was sworn of the Privy Council at the same time. After holding the position for seven years, he succeeded Sir George Jessel as Master of the Rolls in 1883. In 1885 he was raised to the peerage as Baron Esher, of Esher in the County of Surrey. He opposed the bill proposing that an accused person or his wife might give evidence in their own case and supported the bill that empowered Lords of Appeal to sit and vote after their retirement. The Solicitors Act 1888, which increased the powers of the Incorporated Law Society, owed much to his influence. In 1880, he delivered a speech in the House of Lords, deprecating the delay and expense of trials, which he regarded as having been increased by the Judicature Act 1873. He retired from the bench at the close of 1897, and was created Viscount Esher, of Esher in the County of Surrey, a dignity rarely given to any judge, Lord Chancellors excepted.

Judgments

Family

Lord Esher married Eugénie Mayer (1814–1904) in 1850.[9] She was the daughter of Finette and Lazare Mayer, and the step-daughter of Lt Col John Gurwood, the editor of Wellington's Dispatches. They had two sons, Reginald, and Eugène,[9] and a daughter Violet, wife of William Humble Dudley Ward and mother of William Dudley Ward.[2] Lord Esher died in London in May 1899, aged eighty-three, and was succeeded by his eldest son, Reginald.

Arms

Escutcheon:Quarterly 1st & 4th Gules within an orle of crosses botonny fitchée Or a lion rampant of the last holding in the dexter forepaw a fasces erect Proper 2nd per pale Or and Gules three leopard's faces counterchanged 3rd Azure three bears' heads couped Argent muzzled Gules.
Crest:A lion passant Gules charged on the shoulder with a cross botonny fitchéee Or and holding in the dexter forepaw a fasces Proper.
Supporters:Dexter a boar sinister a lion both Sable and each charged on the shoulder with a cross botonny fitchée Or and holding between the paws a fasces erect Proper.
Motto:Vicimus [10]

See also

Notes and References

  1. Web site: Esher, Viscount (UK, 1897). live . https://web.archive.org/web/20140606224630/http://www.cracroftspeerage.co.uk/online/content/esher1897.htm . 6 June 2014 .
  2. Web site: William Baliol Brett, 1st Viscount Esher. thepeerage.com.
  3. Book: Woodgate, Walter Bradford . Boating . Walter Bradford Woodgate . 1888 . Longmans, Green, and Co . London . 255–256 . 25 July 2011.
  4. Encyclopedia: Contract - General Principles - Remedies - Specific Performance and Injunctions - Specific Performance . The Laws of Australia . [7.9.1450] . 31 August 2006 .
    • Book: pp91–91 . Tort Law:Text and Materials . Lunney, M. . Oliphant, K. . amp . 2nd . Oxford University Press . Oxford . 2003 . 0-19-926055-9 .
  5. The Law Reports, Queens Bench Division . In the Arbitration between Secretary of State for Home Department and Fletcher . XVIII . 1887. 340–346 .
  6. Henderson, J.A. et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 424
  7. Report 63 (1988) – Jurisdiction of Local Courts Over Foreign Land.. Law Reform Commission, New South Wales. 30 May 2001. 2008-09-01.
  8. Hedley, S. (2004) "Brett, William Baliol, first Viscount Esher (1815–1899)", Oxford Dictionary of National Biography, Oxford University Press, accessed 20 November 2007
  9. Book: Burke's Peerage . 1914.