George Talbot (judge)
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Sir George John Talbot , PC (19 June 1861 – 11 July 1938) was an English
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
and High Court judge.


Early life and background

Talbot was born in London in 1861, the eldest son of
John Gilbert Talbot John Gilbert Talbot (24 February 1835 – 1 February 1910), was a British Conservative Party (UK), Conservative Party politician. Background Talbot was the son of the Honourable John Chetwynd-Talbot, the fourth son of Charles Chetwynd-Talbot, ...
,
Conservative 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 civiliza ...
Member of Parliament for
West Kent Kent is a traditional county in South East England with long-established human occupation. Prehistoric Kent Recent excavations and radiometric dating at a Lower Palaeolithic site at the West Gravel Pit, Fordwich, near Canterbury confirmed the ...
and for
Oxford University The University of Oxford is a 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 second-oldest continuously operating u ...
, and of
The Hon ''The Honourable'' (Commonwealth English) or ''The Honorable'' (American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of cert ...
Meriel Sarah Talbot, ''née'' Lyttelton, eldest daughter of
George Lyttelton, 4th Baron Lyttelton George William Lyttelton, 4th Baron Lyttelton, 4th Baron Westcote, (31 March 1817 – 19 April 1876) was an English aristocrat and Conservative politician from the Lyttelton family. He was chairman of the Canterbury Association, which encoura ...
. Through his mother he was related to several prominent members of the
Lyttelton family The Lyttelton family (sometimes spelled Littleton) is a British nobility, British aristocratic family. Over time, several members of the Lyttelton family were made knights, baronets and peers. Hereditary titles held by the Lyttelton family inclu ...
, such as
Alfred Lyttelton Alfred Lyttelton KC (7 February 1857 – 5 July 1913) was a British politician and sportsman from the Lyttelton family who excelled at both football and cricket. During his time at university he participated in Varsity Matches in five sport ...
,
Arthur Lyttelton Arthur Temple Lyttelton (7 January 1852 – 19 February 1903) was an Anglican Bishop from the Lyttelton family. After studying at Eton College and Cambridge University, he was ordained as a priest in 1877, and was a curate at St Mary's in Readin ...
, and
George William Spencer Lyttelton George William Spencer Lyttelton CB FRGS (12 June 1847 – 5 December 1913) was an English civil servant from the Lyttelton family who acted as private secretary to William Ewart Gladstone during three of his terms as Prime Minister of the ...
. Through his father he was the nephew of Edward Talbot,
Bishop of Winchester The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (''cathedra'') is at Winchester Cathedral in Hampshire. The Bishop of Winchester has always held ''ex officio'' the offic ...
. Talbot's father was educated at
Charterhouse Charterhouse may refer to: * Charterhouse (monastery), of the Carthusian religious order Charterhouse may also refer to: Places * The Charterhouse, Coventry, a former monastery * Charterhouse School, an English public school in Surrey London ...
, but his disapproval of the migration of that school to
Godalming Godalming ( ) is a market town and civil parish in southwest Surrey, England, around southwest of central London. It is in the Borough of Waverley, at the confluence of the Rivers Wey and Ock. The civil parish covers and includes the settl ...
caused him in 1873 to send his son to
Winchester College Winchester College is an English Public school (United Kingdom), public school (a long-established fee-charging boarding school for pupils aged 13–18) with some provision for day school, day attendees, in Winchester, Hampshire, England. It wa ...
. In 1880 Talbot gained a junior
studentship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need, research exp ...
at
Christ Church, Oxford Christ Church (, the temple or house, ''wikt:aedes, ædes'', of Christ, and thus sometimes known as "The House") is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Founded in 1546 by Henry V ...
, where he obtained
first-class honours The British undergraduate degree classification system is a grading structure used for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied, sometimes with significant var ...
in
classical moderations Honour Moderations (or ''Mods'') are a set of examinations at the University of Oxford at the end of the first part of some degree courses (e.g., Greats or '' Literae Humaniores''). Honour Moderations candidates have a class awarded (hence the ...
(1882) and in '' literae humaniores'' (1884). In 1886 was elected to a prize fellowship at
All Souls College, Oxford All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
. A career in the Church or at the bar was obvious for Talbot. On his father's side he was sixth in descent from Lord Chancellor Talbot, while on his mother's side he was thirteenth in descent from Sir Thomas Littleton, judge of the
Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, and ninth in descent from Lord Chancellor Bromley. His grandfather, John Chetwynd Talbot (a son of
Charles Chetwynd-Talbot, 2nd Earl Talbot Charles Chetwynd Chetwynd-Talbot, 2nd Earl Talbot, KG, PC, FRS (25 April 1777 – 10 January 1849), styled Viscount of Ingestre between 1784 and 1793, was an English politician and peer. He served as Lord Lieutenant of Ireland between 1817 ...
), whose law library he inherited, had a highly successful career at the
parliamentary bar In the United Kingdom, the parliamentary bar refers to the subset of barristers who appear at the committee stage of private and hybrid bills which are before Parliament. The parliamentary bar was especially prominent in the 19th century during t ...
in its busiest days of railway promotions. As all these ancestors were members of 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 ...
Talbot followed them, and was there
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 ...
in 1887. He
took silk A King's Counsel ( post-nominal initials KC) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Qu ...
in 1906, became 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 his Inn in 1914, and was its treasurer in 1936. Until late in his career at the bar his busy practice was mainly before parliamentary committees, and in work of a like character, such as in the
Railway and Canal Commission The Railway and Canal Commission was a British court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court rep ...
. He was also a learned ecclesiastical lawyer, and was eventually
chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...
of six
diocese In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided Roman province, prov ...
s. He was counsel to 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 ...
from 1915 to 1923. During the latter part of his career he increasingly appeared before the House of Lords and the Judicial Committee of the Privy Council. Among his prominent appearances were ''Bowman v Secular Society'' and ''Viscountess Rhondda's Claim'' in the Committee of Privileges of the House of Lords. Of the latter case, Lord Greene, future
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 ...
, thought that Talbot's argument, before a troublesome and divided tribunal, was the finest effort of advocacy which he ever heard. In October 1916
Lord Buckmaster Stanley Owen Buckmaster, 1st Viscount Buckmaster, (9 January 1861 – 5 December 1934) was a British lawyer and Liberal Party politician. He was a Member of Parliament (MP) for most of the years from 1906 to 1915, when he was elevated to the ...
, considering Talbot for a vacant judgeship in the
King's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...
, consulted the Prime Minister,
H. H. Asquith Herbert Henry Asquith, 1st Earl of Oxford and Asquith (12 September 1852 – 15 February 1928) was a British statesman and Liberal Party (UK), Liberal politician who was Prime Minister of the United Kingdom from 1908 to 1916. He was the last ...
, who dissuaded him (to Buckmaster's subsequent regret) on the ground that promotion from the parliamentary bar would not be popular with the profession, and
Henry McCardie Sir Henry Alfred McCardie (19 July 1869 – 26 April 1933) was a controversial British judge. Educated at King Edward's School, Birmingham he left school at 16 and spent several years working for an auctioneer before qualifying as a barrister an ...
was appointed instead. In the opinion of Sir Frank Douglas MacKinnon If Talbot had been appointed then, his judicial career would probably have ended in the House of Lords.


Judicial career

In November 1923, on the retirement of Mr Justice Darling,
Lord Cave George Cave, 1st Viscount Cave, (23 February 1856 – 29 March 1928) was a British lawyer and Conservative politician. He was Home Secretary under David Lloyd George from 1916 to 1919 and served as Lord Chancellor from 1922 to 1924 and again ...
recommended Talbot's appointment as a
Justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
of the
King's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...
of the High Court, and he was given 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 1924. On the bench he displayed every quality of the ideal judge. He had learning, dignity, industry, patience, and courtesy; his decisions were almost invariably right, and on most occasions were thought to be so by 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 ...
. And (although he tried at least one sensational murder case) his name was unknown to the readers of the popular newspapers. Following his appointment to sit in the
Commercial Court Business courts, sometimes referred to as commercial courts, are specialized courts for legal cases involving commercial law, internal business disputes, and other matters affecting businesses. In the US, they are trial courts that primarily or ...
, he started there with a protest against one with so little experience of that class of work being selected. That, however, was the fault of a very needless modesty—he did the work as well as he did everything else. In criminal trials on circuit, of which he had had little experience at the bar, he had no contemporary superior. Towards the end of 1936 Talbot's powers, both physical and mental, began to fail. In June 1937 he resigned, and thereupon was sworn of the Privy Council. His resignation would probably have taken place earlier if he had not waited to be present at Winchester, on 29 May, when seven Wykehamist judges were received ''ad portas''. Winchester College was, next to his wife and family, Talbot's greatest object of devotion. He was a fellow from 1930 until he resigned shortly before his death, and for a time was sub-warden. In 1935 he was elected an honorary
student A student is a person enrolled in a school or other educational institution, or more generally, a person who takes a special interest in a subject. In the United Kingdom and most The Commonwealth, commonwealth countries, a "student" attends ...
of Christ Church, and he served for thirty-five years on the council of
Keble College, Oxford Keble College () is one of the Colleges of the University of Oxford, constituent colleges of the University of Oxford in England. Its main buildings are on Parks Road, opposite the Oxford University Museum of Natural History, University Museum a ...
. Talbot died on 11 July 1938 at Falconhurst, near Edenbridge, Kent, the pleasant estate created by his grandfather, and was buried at Markbeech near by. His wife survived him. Their elder son predeceased him in 1922; the younger son followed his father to the Inner Temple and the bar. His legal publications included ''Modern Decisions on Ritual'' (1934) and ''Law and Practice of Licensing'' (1896 and 1905).


Character

Talbot was a tall, handsome man with a fresh complexion. He was a tireless walker in the country, and his pleasure in walking was increased by his being an ardent and very learned botanist. He had a cold bath every morning, and was never known to wear an overcoat in town or country. His reading was widespread, and he remained a fine scholar throughout his life. When he left Oxford he set himself a great programme of Greek and Latin literature, and by the strict devotion of a fixed daily time he completed the task in upwards of thirty years. He was a great lover of music, especially of Handel, although he never played any instrument. Nature endowed him with a very hot temper, but his intense self-discipline concealed that fact. He was a very devout churchman, who went to the early communion every Sunday and on all major saints' days. Some foolish person allegedly once asked
Charles Gore Charles Gore (22 January 1853 – 17 January 1932) was a Church of England bishop, first of Worcester, then Birmingham, and finally of Oxford. He was one of the most influential Anglican theologians of the 19th century, helping reconcile the ...
whether the law was a suitable career for a man of high ideals; the bishop answered: 'Do you know George Talbot?'


References


External links


Parliamentary Archives, Papers of Sir George John Talbot (1861-1938), Judge
{{DEFAULTSORT:Talbot, George John 1861 births 1938 deaths People educated at Winchester College Alumni of Christ Church, Oxford Fellows of All Souls College, Oxford English barristers 20th-century King's Counsel Queen's Bench Division judges Knights Bachelor Members of the Privy Council of the United Kingdom
George George may refer to: Names * George (given name) * George (surname) People * George (singer), American-Canadian singer George Nozuka, known by the mononym George * George Papagheorghe, also known as Jorge / GEØRGE * George, stage name of Gior ...
English King's Counsel Members of the Inner Temple