Page:The statutes of Wales (1908).djvu/109

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INTRODUCTION
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Wales had enjoyed its own separate judicature, with its own technical machinery, for the most part independent of the London Courts. Writs were issued, actions commenced and decided without any reference to the Courts at Westminster.

The four Welsh circuits in 1817 contained altogether, exclusive of the County of Chester, a population of 611,788 persons. For these circuits, eight paid judges were required, but they had no right to any pension on retirement. The salary of the Chief Justice of Chester, at the end of the history of the Courts of Great Sessions, was £1,630 per annum; the second judge at Chester received £1,250 per annum, and the remaining Welsh Judges were paid £1,150 per annum respectively, and were entitled also to other fees. They were eligible to sit in the House of Commons, and to hold office under Government during the pleasure of the Crown. Lord John Russell complained in the House of Commons in 1820 that, as the Welsh Judges were permitted to sit in that assembly, their posts were looked upon as retainers or rewards for their party support. It was objected against them that they used their abundant leisure to practise at the English Bar, and that as twelve judges were enough for England, eight were too many for Wales. Between 1542 and 1830, 217 Judges of the Welsh Circuits had been appointed, out of which number only thirty were natives of Wales and Monmouthshire. It was also alleged that sometimes hypothetical cases from Wales, stated under feigned names, were submitted for opinion to the Welsh Judges when acting as counsel in England, but the answer made to this allegation was that they refused to give their opinion unless they received an absolute assurance that the case did not arise within their jurisdiction. It was also complained that the Welsh Judges were sometimes oddly selected, and that it did not add to the legal business to have the same Judge sitting for a great number of years in the same courts. Burke was very severe in his criticism of the