James Wilde, 1st Baron Penzance
Encyclopedia
James Plaisted Wilde, 1st Baron Penzance (12 July 1816 - 9 December 1899) was a noted 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
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 rose breeder who was also a proponent of the Baconian theory
Baconian theory
The Baconian theory of Shakespearean authorship holds that Sir Francis Bacon, lawyer, philosopher, essayist and scientist, wrote the plays conventionally attributed to William Shakespeare, and that the historical Shakespeare was merely a front to shield the identity of Bacon, who could not take...

 that the works usually attributed to William Shakespeare
William Shakespeare
William Shakespeare was an English poet and playwright, widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's national poet and the "Bard of Avon"...

 were in fact authored by Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...

.

Background and education

Born in 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...

, he was the son of Edward Archer Wilde, a solicitor, and Marianne (née Norris). His younger brother Sir Alfred Thomas Wilde was a Lieutenant-General in the Madras Army while Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

 Thomas Wilde, 1st Baron Truro, was his uncle. He was educated at Winchester
Winchester 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...

, 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"...

, 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 1839, and graduated from Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...

, in 1842.

Legal career

He became a successful lawyer himself and was appointed 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 1855. He was knighted in 1860 and presided over the Court of Probate and Divorce from 1863 until his retirement in 1872, being raised to the peerage as Baron Penzance, of Penzance in the County of Cornwall, in 1869. He was the judge in the sensational Mordaunt divorce case
Harriet Mordaunt
Harriet Sarah, Lady Mordaunt , formerly Harriet Moncreiffe, was the Scottish wife of an English baronet and Member of Parliament, Sir Charles Mordaunt...

. In 1875 he accepted the post as Dean of Arches
Dean of Arches
The Dean of Arches is the judge who sits at the ecclesiastical court of the Archbishop of Canterbury in England. This appeal court is commonly called the Arches Court....

 and presided over a number of notorious trials, notably, Bell Cox, Dale
T. Pelham Dale
Thomas Pelham Dale was an English Anglo-Catholic ritualist clergyman, most famous for being prosecuted and imprisoned for ritualist practices-Biography:...

, Enraght
Richard William Enraght
Richard William Enraght SSC was an Irish-born Church of England priest of the late nineteenth century. He was influenced by the Oxford Movement and was included amongst the priests commonly called “Second Generation” Anglo-Catholics.Fr...

, Green
Sidney Faithorn Green
The Rev. Sidney Faithorn Green was a British clergyman who, during the Ritualist controversies in the Church of England, was imprisoned for 20 months for liturgical practice contrary to the Public Worship Regulation Act 1874.-Background:...

 and Tooth
Arthur Tooth
Arthur Tooth SSC was a Ritualist priest in the Church of England and a member of the Society of the Holy Cross . Tooth is best known for having been prosecuted in 1876 under the Public Worship Regulation Act 1874 for using proscribed liturgical practices...

, under the Public Worship Regulation Act 1874
Public Worship Regulation Act 1874
The Public Worship Regulation Act 1874 was an Act of the Parliament of the United Kingdom, introduced as a Private Member's Bill by Archbishop of Canterbury Archibald Campbell Tait, to limit what he perceived as the growing ritualism of Anglo-Catholicism and the Oxford Movement within the Church...

 arising out of the Ritualist controversy in the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

.

In 1866, he presided over Hyde v. Hyde, a polygamy case. In his ruling, Lord Penzance stated:

What, then, is the nature of this institution as understood in Christendom?...If it be of common acceptance and existence, it must needs have some pervading identity and universal basis. I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.


This remained the common-law definition of marriage throughout the British Empire and successor states. In Canada, it was overruled by an explicit statutory definition in the Civil Marriage Act
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...

 2005, which allowed for same-sex marriage.

Shakespeare

Wilde argued, following Lord Campbell and others, that the works of Shakespeare are extremely accurate in matters of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

. In The Bacon-Shakespeare Controversy (1890)
he wrote of "Shakespeare's perfect familiarity with... English law... so perfect and intimate that he was never incorrect and never at fault", arguing that this was evidence that the plays were the work of a legal expert such as Bacon. Several other authors followed Wilde's arguments about the legal expertise used in Shakespeare, including Sir George Greenwood
George Greenwood
Sir George Greenwood , was a British lawyer, politician, cricketer, animal welfare reformer and Shakespearean scholar.-Life and work:...

. Opponents of Wilde's view argued that Shakespeare's knowledge of the law was not exceptional.

Family and gardening

He married Lady Mary, daughter of William Pleydell-Bouverie, 3rd Earl of Radnor
William Pleydell-Bouverie, 3rd Earl of Radnor
William Pleydell-Bouverie, 3rd Earl of Radnor , styled Viscount Folkestone until 1828, was the son of Jacob Pleydell-Bouverie, 2nd Earl of Radnor and Hon. Anne Duncombe....

, in 1860. There were no children from the marriage. The couple resided at Eashing Park, Godalming
Godalming
Godalming is a town and civil parish in the Waverley district of the county of Surrey, England, south of Guildford. It is built on the banks of the River Wey and is a prosperous part of the London commuter belt. Godalming shares a three-way twinning arrangement with the towns of Joigny in France...

. At his garden in Godalming
Godalming
Godalming is a town and civil parish in the Waverley district of the county of Surrey, England, south of Guildford. It is built on the banks of the River Wey and is a prosperous part of the London commuter belt. Godalming shares a three-way twinning arrangement with the towns of Joigny in France...

, from rosa eglanteria and rosa foetida
Rosa foetida
Rosa foetida is a species of rose, native to the foothills of the Caucasus Mountains in Georgia. It has yellow flowers with a mild, sour scent many find objectionable, thus the species name...

he produced two new rose
Rose
A rose is a woody perennial of the genus Rosa, within the family Rosaceae. There are over 100 species. They form a group of erect shrubs, and climbing or trailing plants, with stems that are often armed with sharp prickles. Flowers are large and showy, in colours ranging from white through yellows...

s named Lady and Lord Penzance. He went on to
produce a further 14 roses named after characters in the novel
Novel
A novel is a book of long narrative in literary prose. The genre has historical roots both in the fields of the medieval and early modern romance and in the tradition of the novella. The latter supplied the present generic term in the late 18th century....

s of Sir Walter Scott
Walter Scott
Sir Walter Scott, 1st Baronet was a Scottish historical novelist, playwright, and poet, popular throughout much of the world during his time....

.

External links

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