The part of the Act of 1542 which was entirely new was that which
created the King's Court of Great Sessions. English law had been
introduced into Wales; but its administration was to be distinct and
separate. The Great Sessions possessed all the powers of the King's
Bench and Common Pleas, and its practice was the same as that in use
at Westminster. It was also endowed with complete criminal
jurisdiction. Wales was divided into four Circuits--Chester, which
included Denbigh, Flint, and Montgomery; North Wales, which included
Carnarvon, Anglesey, and Merioneth; Brecknock, which included the
county of that name, together with Radnor and Glamorgan; and
Carmarthen, which also included Cardigan and Pembroke. Each of these
Circuits had, at first, one judge; but {140} some time later an extra
one was added. These judges were, on the whole, competent men; and a
large number of them afterwards attained to the highest legal
positions in England. Among them we find such famous legal
luminaries as Bradshaw, Jeffreys, Willes, Lyndhurst, Kenyon,
Mansfield, Wright, Herbert, Dallas, Best, Jackyll, and Verney. The
strongest objection which could be made to them was that few of their
number could speak Welsh, and that at a time when little else was
spoken at all in Wales. All members of the English Bar were free to
practise in Wales; but counsel were mainly drawn from the Oxford and
the Northern Circuits. The Court sat twice every year--spring and
autumn--in each county town, and the duration of the session was
fixed at six days. After the abolition, in 1688, of the Council,
Chancery work began to be taken to London; and from the beginning of
the eighteenth century we find the English courts endeavouring,
mainly by the use of _certiorari_, to attract thither other cases as
well. Frequent attacks were launched in Parliament against the
administration of justice in Wales; and several sound theoretical
arguments were advanced against the Great Sessions. But in spite of
a commission of {141} enquiry, which sat in 1817, we have no real
evidence to justify our holding the system to have been a failure.
Nevertheless the Great Sessions were abolished in 1830, after
attempts to amend them had been made in 1769, in 1793, and in 1824.
It is worthy of note that their abolition was opposed by all the
Welsh Members of Parliament save one, by almost all the judges, and
by practically all counsel who practised in the courts.
We have already seen that the Act set up a system of local
government. This comprised the various officers we have named; and
furthermore County Courts with jurisdiction over small amounts, and
Vestries in which the parishioners learnt the art of self-government.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account