Arthur Charles (judge)
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Sir Arthur Charles (23 January 1839 – 20 November 1921) was a British lawyer and High Court judge. A distinguished ecclesiastical lawyer, Charles is today best remembered for presiding over the first trial of
Oscar Wilde Oscar Fingal O'Flahertie Wills Wilde (16 October 185430 November 1900) was an Irish poet and playwright. After writing in different forms throughout the 1880s, he became one of the most popular playwrights in London in the early 1890s. He is ...
for gross indecency.


Early life and career

Charles was educated at
University College School ("Slowly but surely") , established = , closed = , type = Public schoolIndependent day school , religion = , president = , head_label = Headmaster , head = Mark Beard , r_head_label = , r_hea ...
and
University College London , mottoeng = Let all come who by merit deserve the most reward , established = , type = Public research university , endowment = £143 million (2020) , budget = ...
, where he read Mathematics. He 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 ...
at 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 associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
in 1862. He began his career as a law reporter, reporting on the Court of Exchequer. His career at the bar was associated with ecclesiastical cases. As a
junior Junior or Juniors may refer to: Arts and entertainment Music * ''Junior'' (Junior Mance album), 1959 * ''Junior'' (Röyksopp album), 2009 * ''Junior'' (Kaki King album), 2010 * ''Junior'' (LaFontaines album), 2019 Films * ''Junior'' (1994 ...
, he appeared in many cases concerning ritualist controversies. In 1868, he appeared as a
junior Junior or Juniors may refer to: Arts and entertainment Music * ''Junior'' (Junior Mance album), 1959 * ''Junior'' (Röyksopp album), 2009 * ''Junior'' (Kaki King album), 2010 * ''Junior'' (LaFontaines album), 2019 Films * ''Junior'' (1994 ...
for Mr Charles, who was being tried in the
Arches Court The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court. It takes its name from the street-level ...
with Alexander Mackonochie for ritual practices, and remained involved with subsequent litigation. In 1874, he defended Mackonochie on new charges. Mackonochie subsequently refused to obey the Arches Court made against him, leading to his suspension for three years. Charles applied to the Queen's Bench Division for a writ of prohibition against the Arches Court on the grounds the latter had exceeded its authority: the application was denied by
Cockburn CJ Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice of England and Wales, Lord Chief Justice for 21 years. He heard some of the l ...
and Mellor J, against the dissent of
Lush J Lush may refer to: People Music * Lush (band), a British rock band * ''Lush'' (Mitski album), a 2012 album by Mitski * ''Lush'' (Snail Mail album), a 2018 album by Snail Mail * "Lush", a single by Skepta featuring Jay Sean * ''Lush 3'', a si ...
. Charles became a
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in 1877, and unsuccessfully contested the
London University The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree- ...
constituency as a
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
in 1880. He was
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of Bath between 1878–87,
Chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
of Southwell Diocese between 1884–87, Commissary of Westminster between 1884–87.


Judicial career

He was appointed a
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
in 1887 and assigned to the
Queen'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 ...
, receiving the customary
knighthood A knight is a person granted an honorary title of 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. Knighthood finds origins in the Gr ...
. In April 1895,
Oscar Wilde Oscar Fingal O'Flahertie Wills Wilde (16 October 185430 November 1900) was an Irish poet and playwright. After writing in different forms throughout the 1880s, he became one of the most popular playwrights in London in the early 1890s. He is ...
was tried for sodomy and gross indecency for the first time before him.
H. Montgomery Hyde Harford Montgomery Hyde (14 August 190710 August 1989), born in Belfast, Ireland, was a barrister, politician (Ulster Unionist MP for Belfast North), prolific author and biographer. He was deselected by his party in 1959, losing his seat in th ...
described Charles' summing-up as "a fine example of judicial impartiality", although others were more critical. In the end, the jury was unable to agree, and Wilde was tried again and convicted the following month before Mr Justice Wills. He resigned in 1897 for health reasons and was sworn of the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
, but did not sit on the Judicial Committee. In 1899 he became
Dean of the Arches The Dean of the Arches is the judge who presides in the provincial ecclesiastical court of the Archbishop of Canterbury. This court is called the Arches Court of Canterbury. It hears appeals from consistory courts and bishop's disciplinary tribuna ...
,
Master of the Faculties The Master of the Faculties is a judicial officer in the Faculty Office of the Archbishop of Canterbury and has some important powers in English law, in particular the appointment and regulation of public notaries. Since 1873 the position has alw ...
, and Auditor of the
Chancery Court of York The Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England. It receives appeals from consistory courts of dioceses within the province. The presiding officer, the Official Principal and Auditor, has b ...
, succeeding to
Lord Penzance James Plaisted Wilde, 1st Baron Penzance, (12 July 1816 – 9 December 1899) was a noted United Kingdom, British judge and rose breeder who was also a proponent of the Baconian theory that the works usually attributed to William Shakespeare were ...
, in front of whom Charles had often appeared at the bar. After the ritualist controversies of previous decades, Charles presided over the ecclesiastical courts during a period of relative quiet. He retired in 1903.


Family

Charles married Rachel Christian, daughter of T. D. Newton, in 1866; they had three sons and a daughter. His son Sir Ernest Bruce Charles also became a High Court judge.


References


External links

* {{DEFAULTSORT:Charles, Arthur Knights Bachelor Queen's Bench Division judges English King's Counsel People educated at University College School Alumni of University College London English barristers Members of the Inner Temple Members of the Privy Council of the United Kingdom 1839 births 1921 deaths