Henry Duke, 1st Baron Merrivale
Encyclopedia
Henry Edward Duke, 1st Baron Merrivale PC, QC
(5 November 1855-20 May 1939), was a British
judge and Conservative
politician. He served as Chief Secretary for Ireland
between 1916 and 1918.
, and his wife Elizabeth Ann (née Lord). From a modest background, he was educated locally and did not attend a public school
or university.
, but at the age of 25 he came to London
to cover the House of Commons
. While in London he began to study law, and was called to the Bar
, Gray's Inn
, in 1885. He at first worked on the Western circuit but later established a successful legal practice in London. He was a recorder
for Devonport
and Plymouth
from 1897 to 1900 and for Devonport alone until 1914, and was made a Queen's Counsel
in 1899.
as a Unionist
, a seat he held until 1906 when he was defeated. He returned to Parliament in the January 1910 general election as the representative for Exeter
. He lost the seat in the December 1910 election by only four votes, but regained it by a single vote after an election petition in April 1911, and held it until 1918. Duke sat on the front opposition bench during the early years of the First World War and was admitted to the Privy Council
in 1915. In July 1916 he was appointed by Prime Minister H. H. Asquith
to succeeded Augustine Birrell
as Chief Secretary for Ireland
, with a seat in the cabinet, after Birrell had resigned due to the consequences of the Easter Rising
. Duke's tenure as Chief Secretary saw the troubles in Ireland continue and he resigned in May 1918.
. In 1919 he was made President of the Probate, Divorce and Admiralty Division of the High Court of Justice
, a post he held until 1933. A notable case he decided was Balfour v. Balfour
In 1925 he was raised to the peerage as Baron Merrivale, of Walkhampton in the County of Devon.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(5 November 1855-20 May 1939), was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
judge and Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
politician. He served as Chief Secretary for Ireland
Chief Secretary for Ireland
The Chief Secretary for Ireland was a key political office in the British administration in Ireland. Nominally subordinate to the Lord Lieutenant, from the late 18th century until the end of British rule he was effectively the government minister with responsibility for governing Ireland; usually...
between 1916 and 1918.
Background and education
Duke was the second son of William Edward Duke, a granite merchant of Merrivale, DevonMerrivale, Devon
Merrivale is a locality in western Dartmoor, in the West Devon district of Devon, England. It is best known for the nearby series of Bronze Age megalithic monuments to the south and a former granite quarry.-Merrivale hamlet:...
, and his wife Elizabeth Ann (née Lord). From a modest background, he was educated locally and did not attend a public school
Public School (UK)
A public school, in common British usage, is a school that is neither administered nor financed by the state or from taxpayer contributions, and is instead funded by a combination of endowments, tuition fees and charitable contributions, usually existing as a non profit-making charitable trust...
or university.
Legal career
In early life Duke worked as a journalist for the local newspaper the Western Morning NewsWestern Morning News
The Western Morning News is a politically independent daily regional newspaper founded in 1860 and covering Devon and Cornwall and parts of Somerset and Dorset.-Organisation:...
, but at the age of 25 he came to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
to cover the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. While in London he began to study law, and was called to the Bar
Call 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 a "call to the bar"...
, Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
, in 1885. He at first worked on the Western circuit but later established a successful legal practice in London. He was a recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
for Devonport
Devonport, Devon
Devonport, formerly named Plymouth Dock or just Dock, is a district of Plymouth in the English county of Devon, although it was, at one time, the more important settlement. It became a county borough in 1889...
and Plymouth
Plymouth
Plymouth is a city and unitary authority area on the coast of Devon, England, about south-west of London. It is built between the mouths of the rivers Plym to the east and Tamar to the west, where they join Plymouth Sound...
from 1897 to 1900 and for Devonport alone until 1914, and was made a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1899.
Political career
In 1900 Duke was elected to the House of Commons for PlymouthPlymouth (UK Parliament constituency)
Plymouth was a parliamentary borough in Devon, which elected two Members of Parliament to the House of Commons in 1298 and again from 1442 until 1918, when the borough was merged with the neighbouring Devonport and the combined area divided into three single-member constituencies.-In the...
as a Unionist
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
, a seat he held until 1906 when he was defeated. He returned to Parliament in the January 1910 general election as the representative for Exeter
Exeter (UK Parliament constituency)
Exeter is a borough constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election....
. He lost the seat in the December 1910 election by only four votes, but regained it by a single vote after an election petition in April 1911, and held it until 1918. Duke sat on the front opposition bench during the early years of the First World War and was admitted to the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
in 1915. In July 1916 he was appointed by Prime Minister H. H. Asquith
H. H. Asquith
Herbert Henry Asquith, 1st Earl of Oxford and Asquith, KG, PC, KC served as the Liberal Prime Minister of the United Kingdom from 1908 to 1916...
to succeeded Augustine Birrell
Augustine Birrell
Augustine Birrell PC, KC was an English politician, barrister, academic and author. He was Chief Secretary for Ireland from 1907 to 1916, resigning in the immediate aftermath of the Easter Rising.-Early life:...
as Chief Secretary for Ireland
Chief Secretary for Ireland
The Chief Secretary for Ireland was a key political office in the British administration in Ireland. Nominally subordinate to the Lord Lieutenant, from the late 18th century until the end of British rule he was effectively the government minister with responsibility for governing Ireland; usually...
, with a seat in the cabinet, after Birrell had resigned due to the consequences of the Easter Rising
Easter Rising
The Easter Rising was an insurrection staged in Ireland during Easter Week, 1916. The Rising was mounted by Irish republicans with the aims of ending British rule in Ireland and establishing the Irish Republic at a time when the British Empire was heavily engaged in the First World War...
. Duke's tenure as Chief Secretary saw the troubles in Ireland continue and he resigned in May 1918.
Judicial career
After his resignation Duke was knighted and appointed a Lord Justice of AppealLord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
. In 1919 he was made President of the Probate, Divorce and Admiralty Division of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, a post he held until 1933. A notable case he decided was Balfour v. Balfour
Balfour v. Balfour
Balfour v Balfour [1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.-Facts:...
In 1925 he was raised to the peerage as Baron Merrivale, of Walkhampton in the County of Devon.
Family
Lord Merrivale married Sarah, daughter of John Shorland, in 1876. They had one son and a daughter. His wife died in 1914. Merrivale survived her by 25 years and died in May 1939, aged 83. He was succeeded in the barony by his only son, Edward.Styles
- Henry Duke, Esq. (1855–1899)
- Henry Duke, Esq., QC (1899–1900)
- Henry Duke, Esq., QC, MP (1900-1901
- Henry Duke, Esq., KC, MP (1901–1906)
- Henry Duke, Esq., KC (1906-1910)
- Henry Duke, Esq., KC, MP (1910)
- Henry Duke, Esq., KC (1910-1911)
- Henry Duke, Esq., KC, MP (1911-1915)
- The Rt Hon. Henry Duke, KC, MP (1915-1918)
- The Rt Hon. Lord Justice Duke (1918-1919)
- The Rt Hon. Sir Henry Duke (1919-1925)
- The Rt Hon. The Lord Merrivale, PC (1925-1939)