A. P. Herbert
Encyclopedia
Sir Alan Patrick Herbert, CH
(usually writing as A. P. Herbert or A. P. H.) (24 September 1890 – 11 November 1971) was an English humorist, novelist, playwright and law reform
activist. He was an independent
Member of Parliament
(MP) for Oxford University
for 15 years, five of which he combined with service in the Royal Navy
.
, Surrey
, to Patrick Herbert, a civil servant, and Beatrice Herbert, née Selwyn. His mother died when he was seven years old. He had two younger brothers; both were killed in battle—one in 1914 and the other in 1941.
and New College, Oxford
, obtaining a first class honours degree in jurisprudence. He was called to the bar by the Inner Temple
in 1919, but never practised.
He served in the Royal Navy
during the First World War
. He served at Gallipoli
and was mentioned in dispatches
. He drew on that experience for his novel The Secret Battle
, published in 1919. During the Second World War
, in addition to his parliamentary duties he served in the Royal Navy
on patrol-boats in the Thames. He may have been the first serving Member of Parliament to serve in the Royal Navy without being an officer: he was Petty Officer
Herbert from 1940 to 1945.
In 1935, with the aid of Frank Pakenham
, he became an Independent
Member of Parliament
for Oxford University
, from where he was returned until the University seats
were abolished in 1950.
He was sent to Newfoundland and Labrador
in 1943 with Derrick Gunston and Charles Ammon
as part of a Parliamentary Commission to investigate the future of the dominion, and supported the cause of independence over confederation as a result.
He was knighted
in 1945 in Winston Churchill
's Resignation Honours
. The Times
noted "his individual niche in the parliamentary temple as the doughty vindicator of the private member's rights, including not least the right to legislate."
and obscenity
, using his satirical skills to great effect.
A popular topic of his was the remarkably complex British licensing laws
of the time, and in 1935, as a protest, he was the first person to lay a criminal information against the House of Commons for selling alcohol without a licence. (The High Court ruled that it was exempt through Parliamentary privilege
.)
Giving his maiden speech
on his second day in the House, he declared rashly that he planned to introduce the Matrimonial Causes Bill, to reform divorce, and that he would have it passed before that Parliament was over, publishing the novel Holy Deadlock
in 1934 to make his points humorously. It was passed, somewhat strengthened by the House of Lords, in 1938 as the Matrimonial Causes Act 1937
. This allowed divorce without requiring proof of adultery
, although fake adulteries and the bizarre rules about collusion persisted until the Divorce Reform Act 1969 came into force in 1971. He also advocated reform of the gambling laws and the repeal of the entertainments tax, among other causes.
- the work for which he is best remembered. These were satirical pieces, in the form of "law reports
" or "judgments", on various aspects of the British legal and judicial system. Many of them featured the exploits of Albert Haddock, a tireless and veteran litigant. One of the best-known and most colourful is Board of Inland Revenue v Haddock, also known as "The Negotiable Cow". Even the title is a humorous allusion to the entirely serious "Smith's Leading Cases". Herbert often referred to himself as "A. P. Haddock" in skits in Punch magazine, whether or not these had a courtroom setting.
Thanks to their realism, they were on several occasions mistakenly reported by newspapers both in Britain and elsewhere as factual. One of the "cases", supposedly establishing a novel crime of "doing what you like", was sharply criticized by an American
law review
article, whose author failed to note its entire absurdity. As such they are examples of the literary technique known as False document
. And while, in these fictitious "Law Reports", the fictitious judges and lawyers regularly cited various real and venerable authorities, such as Henry de Bracton
, they were prone also to citing texts of Herbert's own imagination such as "Wedderburn on Water Courses" and "A. Capone's Handbook for Bootleggers".
More importantly, these cases were Herbert's vehicles for his law reform work. Beneath their satire
, they often carried cogent and sharp legal or political points, that tied into his personal crusades against obsolescent legislation. Although entirely fictional, they are, consequently, sometimes quoted in judicial decisions, and are also the subject of academic research.
Over his lifetime Herbert published five collections of the Misleading Cases, titled Misleading Cases in the Common Law, More Misleading Cases, Still More Misleading Cases, Codd's Last Case and Bardot M.P.?. Stray cases also appear in his collections of miscellaneous humorous essays, such as General Cargo. Virtually all the cases were assembled into two omnibus volumes, Uncommon Law
in 1935 and More Uncommon Law in 1982. A shorter selection, Wigs At Work, appeared in 1966.
The BBC
successfully adapted them for television
as three series of A P Herbert's Misleading Cases (1967, 1968 and 1971), with Roy Dotrice
as Haddock and Alastair Sim
as the judge, Mr. Justice Swallow.
, and the comedy Bless the Bride
(1947), which ran for two and a quarter years in London.
In addition to his fiction, Herbert wrote What a Word! in 1935, continuing his campaign in Punch for better use of English, including a section on 'Plain English' more than a decade ahead of Sir Ernest Gowers
' more celebrated work. Characteristically, Herbert uses humour to make his serious points about good writing.
He was the author of the lyrics of the patriotic song Song of Liberty
, set in 1940 to the music of Edward Elgar's Pomp and Circumstance March No. 4
.
In 1967, Herbert published Sundials Old and New; or, Fun with the Sun; a book describing in detail his long fascination with, and experiments in sundial technology. In the book, he describes all manner of sundials, and recounts many of his experiments in designing and building a number of different models, including a few that could be used to tell your position on the earth as well as the local time.
In 1970 Herbert published A.P.H., His Life and Times, dedicated to My dear wife, for our 56th anniversary.
. He lived beside it at Hammersmith, West London
. He was a Conservator (a member of the Thames Conservancy Board) and a Freeman of the Company of Watermen and Lightermen
. In 1966 he wrote The Thames (Weidenfeld & Nicolson
) in which he explored the "machinery" of the river in all its aspects.
Order of the Companions of Honour
The Order of the Companions of Honour is an order of the Commonwealth realms. It was founded by King George V in June 1917, as a reward for outstanding achievements in the arts, literature, music, science, politics, industry or religion....
(usually writing as A. P. Herbert or A. P. H.) (24 September 1890 – 11 November 1971) was an English humorist, novelist, playwright and law reform
Law reform
Law reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
activist. He was an independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) for Oxford University
Oxford University (UK Parliament constituency)
Oxford University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Electoral System:...
for 15 years, five of which he combined with service in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
.
Early life
He was born in AshteadAshtead
Ashtead is a village situated within the Metropolitan Green Belt of Surrey, England, and is just outside of the suburbia of London. It is separated from Leatherhead by the M25, and from Epsom by Ashtead Common.- History :...
, Surrey
Surrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
, to Patrick Herbert, a civil servant, and Beatrice Herbert, née Selwyn. His mother died when he was seven years old. He had two younger brothers; both were killed in battle—one in 1914 and the other in 1941.
Education and public career
He was educated at Winchester CollegeWinchester College
Winchester College is an independent school for boys in the British public school tradition, situated in Winchester, Hampshire, the former capital of England. It has existed in its present location for over 600 years and claims the longest unbroken history of any school in England...
and New College, Oxford
New College, Oxford
New College is one of the constituent colleges of the University of Oxford in the United Kingdom.- Overview :The College's official name, College of St Mary, is the same as that of the older Oriel College; hence, it has been referred to as the "New College of St Mary", and is now almost always...
, obtaining a first class honours degree in jurisprudence. He was called to the bar by the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, 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 1919, but never practised.
He served in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
during the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. He served at Gallipoli
Gallipoli
The Gallipoli peninsula is located in Turkish Thrace , the European part of Turkey, with the Aegean Sea to the west and the Dardanelles straits to the east. Gallipoli derives its name from the Greek "Καλλίπολις" , meaning "Beautiful City"...
and was mentioned in dispatches
Mentioned in Dispatches
A soldier Mentioned in Despatches is one whose name appears in an official report written by a superior officer and sent to the high command, in which is described the soldier's gallant or meritorious action in the face of the enemy.In a number of countries, a soldier's name must be mentioned in...
. He drew on that experience for his novel The Secret Battle
The Secret Battle
The Secret Battle is a novel by A. P. Herbert, first published in 1919. The book draws upon Herbert's experiences as a junior infantry officer in the First World War, and has been praised for its accurate and truthful portrayal of the mental effects of the war on the participants...
, published in 1919. During the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, in addition to his parliamentary duties he served in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
on patrol-boats in the Thames. He may have been the first serving Member of Parliament to serve in the Royal Navy without being an officer: he was Petty Officer
Petty Officer
A petty officer is a non-commissioned officer in many navies and is given the NATO rank denotion OR-6. They are equal in rank to sergeant, British Army and Royal Air Force. A Petty Officer is superior in rank to Leading Rate and subordinate to Chief Petty Officer, in the case of the British Armed...
Herbert from 1940 to 1945.
In 1935, with the aid of Frank Pakenham
Frank Pakenham, 7th Earl of Longford
Francis Aungier Pakenham, 7th Earl of Longford KG, PC , known as the Lord Pakenham from 1945 to 1961, was a British politician, author, and social reformer...
, he became an Independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Oxford University
Oxford University (UK Parliament constituency)
Oxford University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Electoral System:...
, from where he was returned until the University seats
University constituency
A university constituency is a constituency, used in elections to a legislature, that represents a university rather than a geographical area. University constituencies may involve plural voting, in which eligible voters are permitted to vote in both a university constituency and a geographical...
were abolished in 1950.
He was sent to Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
in 1943 with Derrick Gunston and Charles Ammon
Charles Ammon, 1st Baron Ammon
Charles George Ammon, 1st Baron Ammon PC DL JP was a British Labour Party politician.-Background and education:The son of Charles George and Mary Ammon, he was educated at Public Elementary schools.-Career:...
as part of a Parliamentary Commission to investigate the future of the dominion, and supported the cause of independence over confederation as a result.
He was knighted
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
in 1945 in Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
's Resignation Honours
1945 Prime Minister's Resignation Honours
The 1945 Prime Minister's Resignation Honours were announced on 14 August 1945 to mark the resignation of Prime Minister Winston Churchill, following the success of the Labour Party in the 1945 General Election....
. The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
noted "his individual niche in the parliamentary temple as the doughty vindicator of the private member's rights, including not least the right to legislate."
Reforming the laws
Throughout his career he lobbied for reform of several laws that he felt to be outdated, including those on divorceDivorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
and obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
, using his satirical skills to great effect.
A popular topic of his was the remarkably complex British licensing laws
Licensing laws of the United Kingdom
Licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Northern Ireland Assembly, and the Scottish Parliament respectively.Throughout the...
of the time, and in 1935, as a protest, he was the first person to lay a criminal information against the House of Commons for selling alcohol without a licence. (The High Court ruled that it was exempt through Parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
.)
Giving his maiden speech
Maiden speech
A maiden speech is the first speech given by a newly elected or appointed member of a legislature or parliament.Traditions surrounding maiden speeches vary from country to country...
on his second day in the House, he declared rashly that he planned to introduce the Matrimonial Causes Bill, to reform divorce, and that he would have it passed before that Parliament was over, publishing the novel Holy Deadlock
Holy Deadlock
Holy Deadlock is a 1934 satirical novel by the English author A. P. Herbert, which aimed to highlight the perceived inadequacies and absurdities of contemporary divorce law...
in 1934 to make his points humorously. It was passed, somewhat strengthened by the House of Lords, in 1938 as the Matrimonial Causes Act 1937
Matrimonial Causes Act 1937
The Matrimonial Causes Act 1937 is a law on divorce in the United Kingdom.Apart from the Roman Catholic Church, Church of England and its associated Mothers Union, there was broad support for divorce law liberalisation, as this legislation had not been significantly amended since the passage of the...
. This allowed divorce without requiring proof of adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, although fake adulteries and the bizarre rules about collusion persisted until the Divorce Reform Act 1969 came into force in 1971. He also advocated reform of the gambling laws and the repeal of the entertainments tax, among other causes.
"Misleading Cases"
Starting in 1910, his humorous writing appeared often in Punch; wherein also were first published his series of Misleading Cases in the Common LawUncommon Law
Uncommon Law is a book by A. P. Herbert first published by Methuen in 1935. Its title is a satirical reference to the English common law. The book is an anthology of fictitious law reports first published in Punch in which Herbert explores, as he saw it, rather absurd aspects of the law, and...
- the work for which he is best remembered. These were satirical pieces, in the form of "law reports
Law Reports
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.The Council maintains that they are "'the most authoritative reports' and should always be 'cited in preference where there is a choice'." This series is now divided into four main...
" or "judgments", on various aspects of the British legal and judicial system. Many of them featured the exploits of Albert Haddock, a tireless and veteran litigant. One of the best-known and most colourful is Board of Inland Revenue v Haddock, also known as "The Negotiable Cow". Even the title is a humorous allusion to the entirely serious "Smith's Leading Cases". Herbert often referred to himself as "A. P. Haddock" in skits in Punch magazine, whether or not these had a courtroom setting.
Thanks to their realism, they were on several occasions mistakenly reported by newspapers both in Britain and elsewhere as factual. One of the "cases", supposedly establishing a novel crime of "doing what you like", was sharply criticized by an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
article, whose author failed to note its entire absurdity. As such they are examples of the literary technique known as False document
False document
A false document is a literary technique employed to create verisimilitude in a work of fiction. By inventing and inserting documents that appear to be factual, an author tries to create a sense of authenticity beyond the normal and expected suspension of disbelief for a work of art...
. And while, in these fictitious "Law Reports", the fictitious judges and lawyers regularly cited various real and venerable authorities, such as Henry de Bracton
Henry de Bracton
Henry of Bracton, also Henry de Bracton, also Henrici Bracton, or Henry Bratton also Henry Bretton was an English jurist....
, they were prone also to citing texts of Herbert's own imagination such as "Wedderburn on Water Courses" and "A. Capone's Handbook for Bootleggers".
More importantly, these cases were Herbert's vehicles for his law reform work. Beneath their satire
Satire
Satire is primarily a literary genre or form, although in practice it can also be found in the graphic and performing arts. In satire, vices, follies, abuses, and shortcomings are held up to ridicule, ideally with the intent of shaming individuals, and society itself, into improvement...
, they often carried cogent and sharp legal or political points, that tied into his personal crusades against obsolescent legislation. Although entirely fictional, they are, consequently, sometimes quoted in judicial decisions, and are also the subject of academic research.
Over his lifetime Herbert published five collections of the Misleading Cases, titled Misleading Cases in the Common Law, More Misleading Cases, Still More Misleading Cases, Codd's Last Case and Bardot M.P.?. Stray cases also appear in his collections of miscellaneous humorous essays, such as General Cargo. Virtually all the cases were assembled into two omnibus volumes, Uncommon Law
Uncommon Law
Uncommon Law is a book by A. P. Herbert first published by Methuen in 1935. Its title is a satirical reference to the English common law. The book is an anthology of fictitious law reports first published in Punch in which Herbert explores, as he saw it, rather absurd aspects of the law, and...
in 1935 and More Uncommon Law in 1982. A shorter selection, Wigs At Work, appeared in 1966.
The BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
successfully adapted them for television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
as three series of A P Herbert's Misleading Cases (1967, 1968 and 1971), with Roy Dotrice
Roy Dotrice
Roy Dotrice, OBE is a British actor known for his Tony Award-winning Broadway performance in the revival of A Moon for the Misbegotten.-Life and career:...
as Haddock and Alastair Sim
Alastair Sim
Alastair George Bell Sim, CBE was a Scottish character actor who appeared in a string of classic British films. He is best remembered in the role of Ebenezer Scrooge in the 1951 film Scrooge, and for his portrayal of Miss Fritton, the headmistress in two St. Trinian's films...
as the judge, Mr. Justice Swallow.
Novels and other writings
He wrote eight novels, including The Water Gypsies (1930), and 15 plays, including the light opera Tantivy TowersTantivy Towers
Tantivy Towers is a three-act light opera, written by A. P. Herbert and with music composed by Thomas Frederick Dunhill.It premiered on 16 January 1931 at the Lyric Theatre, Hammersmith, and later transferred to the New Theatre. The play ran for six months, later touring England and being staged in...
, and the comedy Bless the Bride
Bless The Bride
Bless the Bride is a musical with music by Vivian Ellis and a book and lyrics by A. P. Herbert, the third of five musicals they wrote together. The musical is remembered as Ellis's best work and for the recordings of "This is my lovely day" and "I was never kissed before", with Lizbeth Webb and...
(1947), which ran for two and a quarter years in London.
In addition to his fiction, Herbert wrote What a Word! in 1935, continuing his campaign in Punch for better use of English, including a section on 'Plain English' more than a decade ahead of Sir Ernest Gowers
Ernest Gowers
Sir Ernest Arthur Gowers GCB GBE Hon. D.Litt Hon. ARIBA was a British civil servant, now best known for work on style guides for writing the English language.-Life:...
' more celebrated work. Characteristically, Herbert uses humour to make his serious points about good writing.
He was the author of the lyrics of the patriotic song Song of Liberty
Song of Liberty
"Song of Liberty" is a British patriotic song which became popular during the Second World War.The song was set to the music of Edward Elgar's Pomp and Circumstance March No. 4. It followed the success of Land of Hope and Glory, another patriotic song with lyrics by A. C. Benson set to Elgar's Pomp...
, set in 1940 to the music of Edward Elgar's Pomp and Circumstance March No. 4
Pomp and Circumstance Marches
The "Pomp and Circumstance Marches" , Op. 39 are a series of marches for orchestra composed by Sir Edward Elgar....
.
In 1967, Herbert published Sundials Old and New; or, Fun with the Sun; a book describing in detail his long fascination with, and experiments in sundial technology. In the book, he describes all manner of sundials, and recounts many of his experiments in designing and building a number of different models, including a few that could be used to tell your position on the earth as well as the local time.
In 1970 Herbert published A.P.H., His Life and Times, dedicated to My dear wife, for our 56th anniversary.
The Thames
Herbert loved the River ThamesRiver Thames
The River Thames flows through southern England. It is the longest river entirely in England and the second longest in the United Kingdom. While it is best known because its lower reaches flow through central London, the river flows alongside several other towns and cities, including Oxford,...
. He lived beside it at Hammersmith, West London
Hammersmith
Hammersmith is an urban centre in the London Borough of Hammersmith and Fulham in west London, England, in the United Kingdom, approximately five miles west of Charing Cross on the north bank of the River Thames...
. He was a Conservator (a member of the Thames Conservancy Board) and a Freeman of the Company of Watermen and Lightermen
Lightermen
Lightermen were workers who transferred goods between ships and quays, aboard flat-bottomed barges called lighters in the Port of London.-History:...
. In 1966 he wrote The Thames (Weidenfeld & Nicolson
Weidenfeld & Nicolson
Weidenfeld & Nicolson Ltd is a British publisher of fiction and reference books. It is a division of the Orion Publishing Group.-History:...
) in which he explored the "machinery" of the river in all its aspects.