John Nicholl (judge)
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Sir John Nicholl (16 March 1759 – 26 August 1838) was a
Welsh Welsh may refer to: Related to Wales * Welsh, of or about Wales * Welsh language, spoken in Wales * Welsh people, an ethnic group native to Wales Places * Welsh, Arkansas, U.S. * Welsh, Louisiana, U.S. * Welsh, Ohio, U.S. * Welsh Basin, during t ...
Member of Parliament and judge. As a judge he was noted "for inflexible impartiality and great strength and soundness of judgement".


Early history

Nicholl was born in 1759, the second son of John Nicholl of
Llan-maes Llanmaes () is a small village and Community (Wales), community in the Vale of Glamorgan near the market town of Llantwit Major. The population in 2011 was 403. Amenities Llanmaes has a long history, with remains of a Roman Empire, Roman fo ...
, a small village near
Llantwit Major Llantwit Major () is a town and community (Wales), community in Wales on the Bristol Channel coast. It is one of four towns in the Vale of Glamorgan, with the third largest population (13,366 in 2001) after Barry, Vale of Glamorgan, Barry and ...
in Wales. He was educated at Cowbridge and Bristol Grammar Schools, before gaining entry to
St John's College, Oxford St John's College is a Colleges of the University of Oxford, constituent college of the University of Oxford. Founded as a men's college in 1555, it has been coeducational since 1979.Communication from Michael Riordan, college archivist Its foun ...
, in 1775. He graduated as
Bachelor of Civil Law Bachelor of Civil Law (abbreviated BCL or B.C.L.; ) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cambridge; at Oxford, the BCL contin ...
in 1780 and as
Doctor of Civil Law Doctor of Civil Law (DCL; ) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees. At Oxford, the degree is a higher doctorate usually awarded on the basis of except ...
in 1785. He was
called 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 "call to ...
of the
Doctors' Commons Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law (legal system), civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawye ...
in 1785.


Professional career

Nicholl built an extensive practice and on 6 November 1798 he succeeded Sir William Scott as King's Advocate and was knighted as was custom for the position. Within this role, Nicholl would often brief the Privy Council and Secretary of State on international law. In 1802, Nicholl was elected to
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
holding the seat of Penryn in Cornwall. After a brief period as Member of Parliament of
Hastings Hastings ( ) is a seaside town and Borough status in the United Kingdom, borough in East Sussex on the south coast of England, east of Lewes and south east of London. The town gives its name to the Battle of Hastings, which took place to th ...
from 1806 to 1807, he was elected to the seat of
Great Bedwyn Great Bedwyn is a village and civil parish in east Wiltshire, England. The village is on the River Dun about southwest of Hungerford, southeast of Swindon and southeast of Marlborough. The Kennet and Avon Canal and the Reading to Taunt ...
, and remained the member of the constituency until the
Reform Act 1832 The Representation of the People Act 1832 (also known as the Reform Act 1832, Great Reform Act or First Reform Act) was an act of the Parliament of the United Kingdom (indexed as 2 & 3 Will. 4. c. 45), enacted by the Whig government of Pri ...
, upon which time he retired. Nicholl was a staunch Tory throughout his political career and steadily opposed parliamentary reform and Roman Catholic emancipation. In 1809 he was appointed
Dean of the Arches The Dean of the Arches is the judge who presides in the provincial ecclesiastical court of the Archbishop of Canterbury. This court is called the Arches Court of Canterbury. It hears appeals from consistory courts and bishop's disciplinary tribun ...
, was admitted to the Privy Council and became a judge of the
Prerogative Court A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century, a clash developed between these courts, representing the crown's a ...
of Canterbury. In this capacity, he decided the much quoted case of
White v Driver ''White v Driver'' was a case decided in 1809 concerning a challenge to a will on the grounds of insanity. It laid down that if there was a previous history of insanity, the burden of proof lies in proving the sanity of the testator when making t ...
. In 1833 Nicholl was appointed as
Judge of the High Court of Admiralty The Judge of the High Court of Admiralty was established in 1483 he was the chief law officer of the High Court of Admiralty. The office holder was supported by various officials and existed until 1875. History The High Court of Admiralty was ...
and held the post until his death in 1838; though he resigned his offices as Dean of Arches and in the Prerogative Court after he was made
vicar-general A vicar general (previously, archdeacon) is the principal deputy of the bishop or archbishop of a diocese or an archdiocese for the exercise of administrative authority and possesses the title of local ordinary. As vicar of the bishop, the vicar ...
to the Archbishop of Canterbury's court in 1834. For his work during the
Napoleonic Wars {{Infobox military conflict , conflict = Napoleonic Wars , partof = the French Revolutionary and Napoleonic Wars , image = Napoleonic Wars (revision).jpg , caption = Left to right, top to bottom:Battl ...
, as a member of the volunteer movement, he was awarded the rank of lieutenant-colonel. Nicholl was a Fellow of the
Royal Society The Royal Society, formally The Royal Society of London for Improving Natural Knowledge, is a learned society and the United Kingdom's national academy of sciences. The society fulfils a number of roles: promoting science and its benefits, re ...
and of the Society of Antiquaries. A monument to John Nicholl son of Sir John Nicholl is to be seen in the Dyfrig chapel of Llandaff Cathedral.


Personal life

Despite spending much of his time in London, linked to his parliamentary and judicial duties, and the fact that Nicholl held all his political seats in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, he continued to foster and support links with his home country of Wales. In 1787 he married Judy Birt, the youngest daughter of Peter Birt of
Wenvoe Castle Wenvoe Castle was a castle and country estate between Barry, Vale of Glamorgan, Barry and Wenvoe, in the Vale of Glamorgan, south Wales. Today the former estate forms the Wenvoe Castle Golf Club. Goldsland lies on its western boundary. History In ...
, and spent his time during his political career split between his London town house and Tondu House in South Wales. Nicholl and Judy had one son and three daughters. Nicholl's only son, also John Nicholl, would later follow his father's political career, becoming a Member of Parliament for Cardiff.


Merthyr Mawr House

Nicholl had amassed several estates throughout his lifetime, mainly through inheritance. He had gained an interest in property in Llantwit Major from his godfather, the Rev John Nicholl in 1770 and when Edward Powell died in 1771, he too left estates to Nicholl in five local parishes, including Tondu House. But despite these holdings, when Nicholl came to building his own family home, he chose the area of
Merthyr Mawr Merthyr Mawr is a village and Community (Wales), community in Bridgend (county borough), Bridgend, Wales. The village is about miles from the centre of Bridgend town. The population of the community at the United Kingdom Census 2011, 2011 censu ...
. When Charles Bowen died in 1797, Nicholl was a trustee appointed to effect the will. Bowen owned large estates within Merthyr Mawr, but they were heavily mortgaged and there were additional debts and legacies to be honoured. Nicholl took this opportunity to purchase of the estate, eventually agreed at £18,000. Nicholl initiated plans to construct a country house on the estate in 1806, demolishing the old residence, a 16th/17th century hall of the Stradling family, and hiring architect Henry Wood to build Merthyr Mawr House. Wood and Nicholl parted company in 1808, but Nicholl pushed through with his plans and moved into the incomplete building in 1809. When the mansion was completed it was notable for its library, which was reported as holding 30,000 articles. Maerthyr Mawr house is a five bay, two-storey classical mansion faced in white local carboniferous limestone, with a
hipped roof A hip roof, hip-roof or hipped roof, is a type of roof where all sides slope downward to the walls, usually with a fairly gentle slope, with variants including tented roofs and others. Thus, a hipped roof has no gables or other vertical sides ...
and a sash windows, and central single-storey porch with Tuscan columns in the north front.012 - Merthyr Mawr
Glamorgan-Gwent Archaeological Trust The mansion and its outlying stables are presently classed as Grade II* listed buildings.


References


Further reading

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The Lord Glenbervie {{DEFAULTSORT:Nicholl, John 1759 births 1838 deaths Members of the Parliament of the United Kingdom for English constituencies People from the Vale of Glamorgan Tory MPs (pre-1834) UK MPs 1802–1806 UK MPs 1806–1807 UK MPs 1807–1812 UK MPs 1812–1818 UK MPs 1818–1820 UK MPs 1820–1826 UK MPs 1826–1830 UK MPs 1830–1831 UK MPs 1831–1832 Alumni of St John's College, Oxford Members of the Privy Council of Great Britain Members of Doctors' Commons Members of the Parliament of the United Kingdom for Great Bedwyn Members of the Parliament of the United Kingdom for Penryn