Sir Henry Gwillim ( – 12 September 1837, Staplefield, Sussex) was a British lawyer and judge who served as a puisne judge in the Supreme Court of Madras (now Chennai) from 1801-1808.
Early life and career in England
Born in 1759 in Hereford to a family of Welsh origins, Henry was the eldest son of John Gwillim, a well-respected surgeon and apothecary who also served as Mayor and Alderman of the City. Gwillim attended Christ Church, Oxford, and graduated in 1779. In 1780, he was admitted to Middle Temple, one of the four Inns of Court, to study law. He was called to the Bar in 1787. During this period, he and Elizabeth Symonds were married at St Bride’s Church, London in 1784. Elizabeth was also from Hereford. The couple were to have a daughter, who died before her first birthday. Two further children were born in the following few years. However, neither made it past early childhood.
In 1794, Gwillim was appointed as Chief Justice of the Isle of Ely, where he attended to his duties with much regularity, presiding over the assize courts in both Ely and Wisbech. During this time, he was elected as a member of the Society for the Encouragement of Arts, Manufacturers and Commerce (now the Royal Society of Arts).
Works
During his time in London and Ely, Gwillim wrote, edited and published several legal treatises, which showcase his interest not only in administering the law, but also in codifying it.
These works included:
A New Abridgment of the Law. By Matthew Bacon, of the Middle Temple, Esq. The Fifth Edition, Corrected; with considerable additions, Including the Latest Authorities; By Henry Gwillim, of the Middle Temple Esq. Barrister at Law. In seven volumes. (1798). A charge delivered to the grand jury, at the Assizes holden at Ely, on Wednesday the 27th day of March 1799. By Henry Gwillim, Esq. chief justice of the Isle of Ely. Published at the request of the magistrates and grand jury. (1799). A collection of acts and records of Parliament, with reports of cases, argued and determined in the courts of law and equity, respecting tithes. In Four Volumes. (1801).
Appointment to India
In 1801, Gwillim was appointed puisne judge to the newly created Supreme Court of Madras, which had been created by charter of George III the previous year. Along with Gwillim, Sir Benjamin Sullivan was also appointed as a puisne judge, while Sir Thomas Andrew Lumisden Strange was appointed as Chief Justice. In February 1801, Gwillim, along with his wife Elizabeth and her sister Mary Symonds, boarded the Hindostan and departed for India. In June of that year, Gwillim officially received his knighthood, no doubt postponed due to the King’s illness.
The creation of the Supreme Court of Madras was part of a wider issue stemming from the East India Company’s (EIC) contentious handlings of its affairs, who, at this time, were the ruling executive authority of British India. The EIC had been the British government’s representative since 1600, and throughout the following centuries, the Company acquired control of large territories and the right to levy taxes in the region. Throughout the late eighteenth century, the British government attempted to tighten its control over the EIC territories, and this included directly appointing judges to dispense English law.
The creation of these courts caused jurisdictional conflicts, and Gwillim would suffer the consequences of these struggles. The Supreme Court, or the "King’s Court," remained a separate body from the EIC. Unlike the local courts controlled by the EIC, the Supreme Court assumed legal and political authority separate from the EIC, with its judges being appointed directly by the Crown. For the citizens of Madras, this court was distinct from the "colonial executive power." Indeed, the court was used by citizens to challenge the EIC, and the EIC viewed the existence of the court as a threat to its sovereignty.
Within this court, unlike in the EIC controlled rural courts, Indians were protected by English law, with its rights such as Habeas corpus.