Sir Courtenay Peregrine Ilbert, (12 June 1841 – 14 May 1924) was a distinguished British lawyer and civil servant who served as legal adviser to the
Viceroy of India's Council
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
for many years until his eventual return from India to England. His later career included appointments as the
First Parliamentary Counsel
Parliamentary counsel are lawyers who prepare drafts of legislation to be passed into law. The terms parliamentary drafter, parliamentary draftsman, legislative drafting officer and legislative counsel are also widely used.
These terms are used ...
(1899–1902) and as
Clerk of the House of Commons
The clerk of the House of Commons is the chief executive of the House of Commons in the Parliament of the United Kingdom, and before 1707 in the House of Commons of England.
The formal name for the position held by the Clerk of the House of Co ...
from 1902 to 1921.
Biography
Early life and career
Ilbert was born at
Kingsbridge
Kingsbridge is a market town in the South Hams district of Devon, England, with a population of 6,116 at the United Kingdom Census 2011, 2011 census. Two electoral wards bear the name of ''Kingsbridge'' (East & North). Their combined population ...
,
Devon
Devon ( ; historically also known as Devonshire , ) is a ceremonial county in South West England. It is bordered by the Bristol Channel to the north, Somerset and Dorset to the east, the English Channel to the south, and Cornwall to the west ...
to the Reverend Peregrine Arthur Ilbert, rector of
Thurlestone
Thurlestone is a village located west of Kingsbridge in the South Hams district in south Devon, England. There is an electoral ward in the same name. The population at the 2011 census was 1,886.
The village takes its name from Thurlestone ...
, and Rose Anne (daughter of George Welsh Owen, of Lowman Green,
Tiverton, Devon). He was educated at
Marlborough College
Marlborough College is a Public school (United Kingdom), public school (English private boarding school) for pupils aged 13 to 18 in Marlborough, Wiltshire, England. It was founded as Marlborough School in 1843 by the Dean of Manchester, George ...
(1852–60) and at
Balliol College, Oxford
Balliol College () is a constituent college of the University of Oxford. Founded in 1263 by nobleman John I de Balliol, it has a claim to be the oldest college in Oxford and the English-speaking world.
With a governing body of a master and aro ...
, where he won the Hertford, Ireland, Craven, and Eldon scholarships. He took first-class honours 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 ...
and
''literae humaniores'' and was elected a fellow of Balliol in 1864, where he was Bursar from 1871 to 1874.
He was
President of the Oxford Union
Past elected presidents of the Oxford Union are listed below, with their college and the year/term in which they served. ''Iterum'' indicates that a person was serving a second term as president (which is not possible under the current Union rule ...
in Michaelmas 1865.
Legal career
Ilbert 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 ...
by
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 1869, and began to practice in property law, with an emphasis on drafting trusts and other documents. His expertise as a draftsman attracted the attention of
Sir Henry Thring who invited him to help prepare bills: among his bills he helped to prepare were the
Statute Law Revision and Civil Procedure Act 1881
The Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict c 59) is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision and Civil Procedure Bill.
This Act was repealed by section 1(1) of, ...
(
44 & 45 Vict. c. 59) and the
Statute Law Revision and Civil Procedure Act 1883
The Statute Law Revision and Civil Procedure Act 1883 ( 46 & 47 Vict. c. 49) is an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to civil procedure from 1495 to 1867 which had ceased to be ...
(
46 & 47 Vict. c. 49).
The
Viceroy of India
The governor-general of India (1833 to 1950, from 1858 to 1947 the viceroy and governor-general of India, commonly shortened to viceroy of India) was the representative of the monarch of the United Kingdom in their capacity as the Emperor of ...
, the
Marquess of Ripon
Marquess of Ripon, in the County of York, was a title in the Peerage of the United Kingdom. It was created in 1871 for the Liberal politician George Robinson, 2nd Earl of Ripon.
History
The Robinson family descended from William Robinson ( ...
sought an imaginative constitutional lawyer and a
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 ...
to become the Law Member of the Viceroy's Council, in succession to the likes of
Lord Macaulay
Thomas Babington Macaulay, 1st Baron Macaulay, (; 25 October 1800 – 28 December 1859) was an English historian, poet, and Whig politician, who served as the Secretary at War between 1839 and 1841, and as the Paymaster General between 184 ...
,
Sir Henry Maine, and
Sir James Fitzjames Stephen. At the invitation of
Lord Hartington,
Secretary of State for India
His (or Her) Majesty's Principal Secretary of State for India, known for short as the India secretary or the Indian secretary, was the British Cabinet minister and the political head of the India Office responsible for the governance of ...
, Ilbert was offered the position in 1882 and proceeded to India, where he served until 1886.
During his time in India, Ilbert drafted many important pieces of legislation, but by far the most famous was his eponymous
Ilbert Bill
The Ilbert Bill was a bill introduced to the Imperial Legislative Council (ILC) of British India on 9 February 1883 which stipulated that non-white judges could oversee cases that had white plaintiffs or defendants. It was drafted by and named ...
. Introduced by Ilbert in 1883, the Bill proposed to allow non-European Magistrates or Sessions Judges to try "European British subjects", something which existing legislation did not allow. European reactions in India to the proposal were extremely hostile, which in turn stimulated the growth of
Indian nationalism
Indian nationalism is an instance of civic nationalism. It is inclusive of all of the people of India, Composite nationalism (India), despite their Demographics of India, diverse ethnic, linguistic and religious backgrounds. Indian national ...
. The response in Britain was more divided: the Bill was criticized by some, notably by Ilbert's predecessor
Sir James Fitzjames Stephen, but the Bill received substantial support in Britain as well. As a result of the controversy, the bill was significantly amended. The extent of Ilbert's personal support for the Bill are unclear: R. C. J. Cocks speculated that Ilbert approved of the principles the Bill embodied, but was dubious as to its political expediency.
He was appointed assistant parliamentary counsel to Treasury in 1886 and
First Parliamentary Counsel
Parliamentary counsel are lawyers who prepare drafts of legislation to be passed into law. The terms parliamentary drafter, parliamentary draftsman, legislative drafting officer and legislative counsel are also widely used.
These terms are used ...
in 1899. In February 1902, Ilbert was appointed
Clerk of the House of Commons
The clerk of the House of Commons is the chief executive of the House of Commons in the Parliament of the United Kingdom, and before 1707 in the House of Commons of England.
The formal name for the position held by the Clerk of the House of Co ...
, and he served as such until 1921.
Personal life
Ilbert married Jessie, daughter of Reverend Charles Bradley and niece of George Bradley, former headmaster of Marlborough College in 1874. They had five daughters, the oldest,
Lettice Fisher
Lettice Fisher ( Ilbert; 14 June 1875 – 14 February 1956) was the founder of the National Council for the Unmarried Mother and her Child, now known as Gingerbread. She was also an economist and a historian.
Background and education
Lettice I ...
became the first to head the National Council for the Unmarried Mother and her Child.
His fourth daughter Margaret Peregrina Ilbert (1882–1952) married Sir
Arthur Cochrane of the
College of Arms
The College of Arms, or Heralds' College, is a royal corporation consisting of professional Officer of Arms, officers of arms, with jurisdiction over England, Wales, Northern Ireland and some Commonwealth realms. The heralds are appointed by the ...
.
Ilbert was an outdoorsman in his youth and he climbed in Chamonix (1871 with Leslie Stephen and M. Loppe) the Hekla in Iceland and the Vignemale in the Pyrenees in 1872–73 with
James Bryce James Bryce may refer to:
* James Bryce (geologist) (1806–1877), Irish naturalist and geologist
* James Bryce (footballer) (1884–1916), Scottish footballer
* James Bryce, 1st Viscount Bryce (1838–1922), British jurist, historian and politicia ...
. When Ilbert lived in Simla, at Chapslee house, he founded a Simla Natural History Society around 1885 but the organization dissolved when he left Simla in 1886.
Ilbert died a few months after the death of his wife at his home in Troutwells,
Buckinghamshire
Buckinghamshire (, abbreviated ''Bucks'') is a Ceremonial counties of England, ceremonial county in South East England and one of the home counties. It is bordered by Northamptonshire to the north, Bedfordshire to the north-east, Hertfordshir ...
on 14 May 1924.
Honours
Ilbert was invested as a
Knight Commander of the Order of the Star of India
The Most Exalted Order of the Star of India is an order of chivalry founded by Queen Victoria in 1861. The Order includes members of three classes:
# Knight Grand Commander (GCSI)
# Knight Commander ( KCSI)
# Companion ( CSI)
No appointments ...
in 1895, as a
Knight Commander of the Order of the Bath
The Most Honourable Order of the Bath is a British order of chivalry founded by King George I of Great Britain, George I on 18 May 1725. Recipients of the Order are usually senior British Armed Forces, military officers or senior Civil Service ...
in 1908, and as a Knight Grand Cross of the Order of the Bath in 1911. He was a founding
Fellow of the British Academy
Fellowship of the British Academy (post-nominal letters FBA) is an award granted by the British Academy to leading academics for their distinction in the humanities and social sciences. The categories are:
# Fellows – scholars resident in t ...
(1903).
Published works
Ilbert reflected on laws and law-making and wrote several books on parliamentary and legislative procedure and history that were highly regarded. Jurists like Sir Carleton Kemp Allen praised his knowledge of parliamentary procedure but felt he was outdated. He pointed out to how government initiatives were modified into legally actionable forms but manyconsidered Ilbert to be outdated and old-fashioned in putting faith in public opinion to exert corrective action on legislative abuses.
*
* The 1904
Romanes Lecture
The Romanes Lecture is a prestigious free public lecture given annually at the Sheldonian Theatre, Oxford, England.
The lecture series was founded by, and named after, the biologist George Romanes, and has been running since 1892. Over the years, ...
.
* 2nd ed, 1920. 3rd ed, Oxford, 1948.
*
*
*
*
References
External links
*
*
To the Manor Reborn - Article in the Hindu Businessline, India (17 Jun 2011)Parliamentary Archives, Papers of Sir Courtenay Ilbert
{{DEFAULTSORT:Ilbert, Courtenay
1841 births
1924 deaths
Members of the Council of the Governor General of India
First Parliamentary Counsel
Knights Commander of the Order of the Star of India
Knights Grand Cross of the Order of the Bath
Vice-chancellors of the University of Calcutta
Clerks of the House of Commons
Alumni of Balliol College, Oxford
Fellows of the British Academy
Presidents of the Oxford Union
Companions of the Order of the Indian Empire
People educated at Marlborough College