William Erle
Encyclopedia
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...
FRS (1 October 1793 – 28 January 1880) was an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and Whig politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
.
Early career
Born at Fifehead MagdalenFifehead Magdalen
Fifehead Magdalen is a hamlet and civil parish in the north of Dorset, England, situated on the River Stour in the Blackmore Vale three miles south of Gillingham and five miles west of Shaftesbury. The village has a population of 88 ....
, Dorset
Dorset
Dorset , is a county in South West England on the English Channel coast. The county town is Dorchester which is situated in the south. The Hampshire towns of Bournemouth and Christchurch joined the county with the reorganisation of local government in 1974...
, William was the son of the Rev. Christopher Erle of Gillingham, Dorset
Gillingham, Dorset
Gillingham is a town in the Blackmore Vale area of Dorset, England. The town is the most northerly in the county. It is 3 miles south of the A303 lying on the B3092 and B3081. It is near to the town of Shaftesbury which lies 7 miles to the south east. Neighbouring hamlets included Peacemarsh, Bay...
and Margaret née Bowles, a relative of the poet William Lisle Bowles
William Lisle Bowles
William Lisle Bowles was an English poet and critic.-Life and career:He was born at King's Sutton, Northamptonshire, where his father was vicar. At the age of fourteen he entered Winchester College, the headmaster at the time being Dr Joseph Warton...
. His younger brother Peter Erle
Peter Erle
Peter Erle PC QC was an English lawyer.-Life:Erle was the fourth son of the Reverend Christopher Erle of Gillingham, Dorset, and brother of Sir William Erle. He was educated at New College, Oxford, where he graduated in 1816...
went on to be a Charity Commissioner. Erle was educated at Winchester School and at 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...
where he graduated BCL
Bachelor of Civil Law
Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
in 1818 and held a fellow
Fellow
A fellow in the broadest sense is someone who is an equal or a comrade. The term fellow is also used to describe a person, particularly by those in the upper social classes. It is most often used in an academic context: a fellow is often part of an elite group of learned people who are awarded...
ship until 1834. Having been called to the Bar at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
on 26 November 1819 he went on the western circuit. Here he slowly acquired a reputation for thoroughness, rather than brilliance, and a fair share of remunerative practice. He was admitted ad eundem a member of 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...
on 11 June 1822, and became a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of that society on 18 November 1834, and in 1844, Treasurer. He also purchased a warrant as counsel at the Palace Court which had jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
in all private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
actions within 12 miles (19 km) of Whitehall
Whitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
.
In 1834, he married Amelia, eldest daughter of the Rev. Dr. David Williams, warden of New College and prebendary
Prebendary
A prebendary is a post connected to an Anglican or Catholic cathedral or collegiate church and is a type of canon. Prebendaries have a role in the administration of the cathedral...
of Winchester
Winchester
Winchester is a historic cathedral city and former capital city of England. It is the county town of Hampshire, in South East England. The city lies at the heart of the wider City of Winchester, a local government district, and is located at the western end of the South Downs, along the course of...
, thereby vacating his fellowship. The same year he took silk. He sat in the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
from 1837 to 1841 for the City of Oxford
Oxford (UK Parliament constituency)
Oxford was a parliamentary constituency in the United Kingdom. It comprised the city of Oxford in the county of Oxfordshire, and elected two Members of Parliament from its creation in 1295 until 1881...
but he never spoke in the house, voting steadily with his party. He was appointed counsel to the Bank of England
Bank of England
The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694, it is the second oldest central bank in the world...
in 1844 and did not seek reelection to parliament.
Judge
Although of opposite politics to Lord LyndhurstJohn Copley, 1st Baron Lyndhurst
John Singleton Copley, 1st Baron Lyndhurst PC KS FRS , was a British lawyer and politician. He was three times Lord Chancellor of Great Britain.-Background and education:...
, Erle was made by him a judge of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
in 1845, becoming serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
and being knighted. He was transferred to the Queen's Bench in the following year, and on 23 March 1849, at Brecon
Brecon
Brecon is a long-established market town and community in southern Powys, Mid Wales, with a population of 7,901. It was the county town of the historic county of Brecknockshire; although its role as such was eclipsed with the formation of Powys, it remains an important local centre...
Lent
Lent
In the Christian tradition, Lent is the period of the liturgical year from Ash Wednesday to Easter. The traditional purpose of Lent is the preparation of the believer – through prayer, repentance, almsgiving and self-denial – for the annual commemoration during Holy Week of the Death and...
Assizes tried
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
the case of Moondyne Joe
Moondyne Joe
Joseph Bolitho Johns , better known as Moondyne Joe, was Western Australia's best known bushranger.- Biography :...
and an accomplice, charged with burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
and stealing. The pair plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
ded not guilty but were convicted and Erle sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
d them to ten years' penal servitude
Penal labour
Penal labour is a form of unfree labour in which prisoners perform work, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour...
.On 24 June 1859, Erle came back to the Common Pleas as Chief Justice
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
upon the promotion of Sir Alexander Cockburn
Sir Alexander Cockburn, 12th Baronet
Sir Alexander James Edmund Cockburn, 12th Baronet Q.C. was a Scottish lawyer, politician and judge. A notorious womaniser and socialite, as Lord Chief Justice he heard some of the leading causes célèbres of the 19th century.-Life:Cockburn was born in Alţâna, in what is now Romania and was then...
, at the same time being sworn to the Privy Council.
Erle was regarded as what lawyers call a "strong" judge in that he exhibited the power of rapidly grasping the material facts
Question of fact
In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...
of a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, and coming to a decided conclusion upon their legal effect
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
. He aimed at strict impartiality, but at the same time he was very tenacious of his own opinion. His chief characteristic was said to be "masculine sense" and his mind "lacking in flexibility and subtlety". His speech was deliberate, "even to monotony", and he had a faint regional accent. He decided a large number of important contract cases but is possibly best remembered for his judgments in the Swinfen will case, in particular Kennedy v. Broun (1863) in which he held that there could be no contract of hiring and service for advocacy
Advocacy
Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...
in litigation.
He was a member of the Trades Union Commission of 1867, and appended to the report of the commissioners, published in 1868, a memorandum on the law relating to trades unions, which he published separately in the following year. It consists of two chapters treating respectively of the common
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and the statute law relating to the subject, and an appendix on certain leading cases and statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s. It was a very lucid exposition of the law as it then stood. Erle endorsed the minority report
Minority Report
"The Minority Report" is a 1956 science fiction short story by Philip K. Dick, first published in Fantastic Universe. The story is about a future society where murders are prevented through the efforts of three mutants who can see the future...
of the Commission but it was his liberal view that ultimately influenced parliament and led to the Trade Union Act 1871
Trade Union Act 1871
Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...
.
He retired in 1866, receiving the highest praise for the ability and impartiality with which he had discharged the judicial office. On the last occasion of his sitting in court on 26 November the Attorney-General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, Sir John Rolt
John Rolt
Sir John Rolt PC QC was an English lawyer, Conservative politician and judge who served as Attorney General under Lord Derby.-Early life:...
, on behalf of the Bar, expressed his sense of the great qualities of which Erle had given proof during his tenure of office, in terms so eulogistic that the judge, though naturally somewhat reserved and undemonstrative, was visibly moved.
Private life
Bramshott
Bramshott is a village in the East Hampshire district of Hampshire, England. It lies 0.9 miles north of Liphook.-Overview:The nearest railway station is 1.3 miles south of the village, at Liphook....
, near Liphook
Liphook
Liphook is a large village in the East Hampshire district of Hampshire, England. It is 4.1 miles west of Haslemere, on the A3 road, and lies on the Hampshire/West Sussex border.Liphook has its own railway station, on the Portsmouth Direct Line....
, Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
, interesting himself in parochial
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
and county
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
affairs. Though no sportsman he was very fond of horse
Horse
The horse is one of two extant subspecies of Equus ferus, or the wild horse. It is a single-hooved mammal belonging to the taxonomic family Equidae. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature into the large, single-toed animal of today...
s, dog
Dog
The domestic dog is a domesticated form of the gray wolf, a member of the Canidae family of the order Carnivora. The term is used for both feral and pet varieties. The dog may have been the first animal to be domesticated, and has been the most widely kept working, hunting, and companion animal in...
s, and cattle
Cattle
Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
. His personal appearance was that of a country gentleman, his complexion being said to be "remarkably fresh and ruddy, his eyes keen and bright." In 1851, he erected a celtic cross
Celtic cross
A Celtic cross is a symbol that combines a cross with a ring surrounding the intersection. In the Celtic Christian world it was combined with the Christian cross and this design was often used for high crosses – a free-standing cross made of stone and often richly decorated...
on Gibbet Hill, Hindhead
Gibbet Hill, Hindhead
Gibbet Hill, at Hindhead, Surrey, is a hill above the Devil's Punch Bowl, not far from the A3 London to Portsmouth road in England. It is the second highest point in Surrey after Leith Hill....
on the former site of a public gibbet
Gibbet
A gibbet is a gallows-type structure from which the dead bodies of executed criminals were hung on public display to deter other existing or potential criminals. In earlier times, up to the late 17th century, live gibbeting also took place, in which the criminal was placed alive in a metal cage...
in order to dispel the fear of the residents. He died at his estate at Bramshott. He left no children.
Honours
- Doctor of Civil LawDoctor of Civil LawDoctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
, University of OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
(1857); - Fellow of the Royal Society (1860);
- Honorary Fellow, New College, Oxford.