April 1847 - A Statement Relating to the former and present condition of the Borough and to the personal character and Mal-administration of the Judicial and Corporate authorities
Contributed by Brian Randell, June 2005 - transcribed from the original document at the PRO
----------------
| Relating to the former and present condition of the Borough and to the personal character and Mal-administration of the Judicial and Corporate authorities Accompanied with full copy Charter and Index of Contents |
| [The original contains a number of minor corrections and additions to the text - these are incorporated unmarked into this transcription, which otherwise aims to mirror the layout of the original. However the brief marginal notes on page 2 (providing references to the Index to the Charter), and on page 23 (giving more details about Council vacancies), and also the accompanying Charter and Index, were not copied and hence have not been transcribed. For an interesting account of the background to this document see: David Williams. The Borough of Kidwelly in the Nineteenth Century.] |
Relating to the former and present condition of the Borough
and its Charter of Incorporation, to the Social State and personal
characters of the Borough Justices and Corporate authorities who have
a separate Commission of the Peace extending to all offences except
treason and felony and to their mal-administration and its consequences.
Drawn up with the concurrence of several of the most respectable
Inhabitants with the view of obtaining from her Majesty's Government a
redress of the grievances complained of:-
The Borough the mal-administration of which judiciary, administrative
and
financial with its present social and sanatory condition consequent
thereon,
several intelligent and respectable Inhabitants desire to bring
under the notice
of the only competent authority, was at the time of the
granting of the Charter by
James I hereafter referred to a flourishing and
prosperous sea port, as appears from
its history and as may be inferred from
the comprehensive powers conferred by the
Charter - The members of the
Corporate Council appear to have been at that time
respectable individuals
and of good standing but in consequence of the Corporation
which is
self-elective for life having fallen into the hands of Farmers for the
most
part, to the exclusion of more intelligent portions of the inhabitants
of the Town, it is
now become quite deteriorated, in fact a decayed, ruinous
and unhealthy Town,
the industrial portion of the Inhabitants deprived of all
accommodation, and the
Town altogether presenting a wretched appearance - As
we may hereafter more fully
notice the Town has now better prospects and it
has become most desirable that the
bulk of the Inhabitants should be placed
in a situation through the intervention
of Her Majesty's Government the
better to take advantage of the prospects now presented
to them
We
could enter into a full detail of the several Charters granted by the
former
Sovereigns of England to this district, but it would unnecessarily add
to a
Statement which will already perhaps be considered to detailed - It
is
however hoped that the length of the details will be excused when it is
considered
that the parties who have long suffered are now exceedingly
anxious to make their
complaints known to those who have the power to relieve
them, and that they have
been hitherto kept from despair of receiving any
consideration or redress
The Borough of Kidwelly is or was part of the
Lordship of Kidwelly forming
[1]
part of the Commotte of that name in Carmarthenshire, and was detached by
the
last Charter from any other Lordship, City or Town in Carmarthenshire -
It became
severed from the jurisdiction of the ruling Princes of ancient
Wales in the time of
William 2nd having been acquired by conquest by a Norman
Knight whose descendants
became associated with the Royal House of Lancaster,
and it became eventually annexed
to that Duchy, tho' not forming part of its
judicial jurisdiction - And since the
accession of Henry Bolingbroke, Duke of
Lancaster afterwards Henry 4th it has
been held by the Crown, but the Crown
has long ceased to desire any emolument or
revenue therefrom -
The
last Charter but one was granted by Henry 6th in 1444 - The
last under which
the Corporate body in its present form is constituted was granted
by James in
1618 - This Charter is of considerable length, we shall abridge it to
the
smallest possible compass embracing the material contents:-
The
Charter after reciting that the Borough was a very ancient and
populous
Borough and that the then Corporation had entreated the King for the
better
rule and improvement of the Borough to constitute the Corporation anew into
a
body Corporate under the name of the Mayor, Aldermen, Bailiffs and
Burgesses of
the Borough of Kidwelly in the County of Carmarthen with the
addition of
certain privileges and franchises and that the peace and other
acts of good
government might be there the better kept and done Did grant to
that the said Borough
should be a free Borough &c. - Mayor &c. to be
a body Corporate and politic by the
name last aforesaid with perpetual
succession - enabled to have and purchase lands, &c.
and Goods and
Chattels and to give grant demises and assign the same respectively -
to
plead and be impleaded - to have a common Seal with power to alter or
charge
the same - one of the Burgesses to be chosen and called Mayor - two to
be chosen and called
Bailiffs - twelve of the better and more responsible
Burgesses to be chosen and called
Aldermen - And the like number of the
better and more responsible and discreet Burgesses
to be called principal
Bailiffs who together with the Bailiffs should be aiding and
assisting the
said Mayor and Aldermen - Mayor &c. to make laws for good rule
and
government and for letting and demising lands &c. and to limit and
provide
pains punishments and penalties by imprisonment or fines - And to
levy and receive the
same - such laws to be reasonable - first members of
Corporation named - grant to elect
on Monday next after Michaelmas one of the
Aldermen to be Mayor de novo for
one year or until another chosen - And to
elect at same time two of the principal Burgesses
to be Bailiffs for one year
and in case of death or amotion from office for misbehaviour
or any
reasonable cause, to elect one or more of the Bailiffs or principal Burgesses to
the
office of Aldermen for life - And in the like cases one or more of the
Burgesses or
Inhabitants to the office of principal Burgess for life - Power
to elect one of the Burgesses
or Inhabitants of the said Borough to be
chamberlain during pleasure - Said body
Corporate and Chamberlain to be
Inhabitants and residents - Grant that all lands &c.,
within certain 4
ancient crosses to be the circuit of the same Borough, to be its
limits,
precincts and bounds separate from any other Lordship, City, &c.,
in the said County - to elect
[2]
one upright and discreet man to be chief steward of the said Borough and to
elect one
upright and discreet man to be learned in the laws of England to be
Recorder for life - to
execute the same office by himself or byhis deputy
learned in the laws of England -
a Mayor and Recorder and Deputy Recorder in
his absence and one of the Aldermen to
be yearly elected to be Justices -
such Justices or any two of them, Mayor to be one,
to have power to enquire
concerning all Trespasses, Misprisions and other misdemeanours
and inferior
offences, defaults and articles whatsoever done or committed within the
said
Borough so that they did not proceed in the determination of any
Treason, misprision
of Treason, murder of felony - nonintromittant cause as
to any other Justice - After
the several Corporate officers and Justices to
be sworn will and faithfully to execute the
several offices - To have one
prison or Gaol for safe custody of all persons to be attached
there to
continue until delivered by due course of law - Bailiffs to be keepers thereof
-
Powers for said Justices or any two of them Mayor to be one to send persons
attached or found
in the Borough for treason, murder, felony, manslaughter or
Robbery done or to be done
or for suspicion of felony to the Common Gaol of
the County of Carmarthen there to remain
to be tried by the Justices
aforesaid &c. Power for the said Justices or any two of them Mayor
to be
one to hold and keep a General Sessions of the peace so that they did
not
proceed to the determination of any Treason or felony - Power to elect
one upright and
discreet man to be Steward during pleasure - To elect one
other upright and discreet
man learned in the laws of England to be Town
Clerk of the said Borough during
pleasure - Two Sergeants at Mace to be
chosen by the Mayor to be Ministers of the
Hundred Court and Court of Record
to execute Processes & To hold the Hundred Court of
Kidwelly before the
Mayor and Steward or one of them, to hear and determine plaints &c.
To
hold a Court of Record before the Mayor and Recorder or either of them or
their
sufficient deputies every fifteen days, to hear and determine by plaint
all manner of
debts &c. or Trespass real personnal and mixed arising
within the Borough, provided such
debt &c. did not exceed the value of
£200 and in defaults of goods to attach the person -
Mayor to be coroner
escheator and Clerk of the Market - nonintromittant clause as to
any other
former - Mayor to have all waifs and strays and all Goods and Chattels
of
felons &c. - And all fines within the said Borough - nonintromittant
clause as to any other
Sherriffs, Mayor and Corporate officers and all other
Burgesses - not to be impanelled
to appear on juries at the assizes before
any of his Majesty's Justices &c. assigned &c. -
Mayor &c. to
have the return of all Writs, Executions &c. - Special licenses and power
to
purchase, receive and possess manors and lands &c. not exceeding the
clear yearly value
of £200 Tolls and Customs payable to the said Mayor for
the relief of the poor Inhabitants
of the said Borough and other the charges
and expenses thereof with release of all rents
and arrears and then paid -
Grant and confirmation of all liberties, franchises, lands
feedings, void
ground, Commons, free fishing and warren whatsoever by any Letters
patent or
deeds theretofore granted or confirmed which the said Mayor then held
or
ought to hold and enjoy yielding therefore to His Majesty by the hands of
the
receiver of Kidwelly £13.14.0 1/2 yearly at Easter and
Michaelmas
Such are the short outlines of the Charter a full copy of
which
[3]
will accompany this paper - It is shaped on the same lines as we presume most
of
the old Charters creating other Boroughs, that is upon the self-elective
system for life -
it comprehended a heavy machinery for a small population of
1200 Inhabitants a very
small portion of whom were in middling circumstances,
the great bulk being composed of the
humbler and industrious classes - It
sufficiently indicates the rudeness of the times from which
it emanated and
the absence of the due ingredients to constitute a healthy and vigorous
state
of local administration -
The ancient limits of the Town as
defined by the Charter extended in a circuitous
line embracing the supposed
sites for 4 ancient crosses at different points varying from 2 to 6
miles -
Such was the circuit intended and contemplated by the Charter, and which
embraced
a good extent of country and treble the number of Inhabitants of the
present limits of the
Borough - The Earl Cawdor as Lord of the Lordship of
Kidwelly claims all this limit without
what are called the Walls of the
Borough - the latter has no literal meaning but is meant to
form the present
confines embracing a circuit about the Town varying at different points
from
1 to 2 1/2 miles - This inner limit is assumed by the Corporate body to
form a manor of Kidwelly
of which the Mayor pro tem claims to be the Lord,
but from what authority does not appear
clear; and it is said they have in
former years held Courts Leet in respect thereof and they
were lately
attempted to be revived, but to no purpose - The place with an attractive
ruin
of an ancient castle is well situated about three miles from the
Carmarthen Bay and the
main south Wales Railway is now about to pass by the
Town and a terminus about to
be established
From long abuse and
mismanagement the Town and Trades of Kidwelly have
sadly deteriorated and the
population diminished, while the members of the Corporate Council
have
degenerated and become the more ignorant, reckless and demoralized presenting
this
strange phenomenon that while the progressive spirit of the age has
pervaded other places
the vicious constitution of this Borough has hemmed it
in from the approach of intelligence
and liberal feelings, and generally
speaking it may be said to be now in almost as rude as if
not a ruder state
than at the time of granting of the Charter - In a Corporate Town
once
overflowing and full of Trade and bustle and now capable of progressive
advancement with
Corporate resources yielding a goodly revenue that might
have been much improved and holding
its Corporate franchises for a period of
five centuries we should have expected that the
privileges accorded it would
have considerably advanced rather than retarded the prosperity
and government
of the place -
To enable you to judge of the social status of this
Corporation we shall add
as an appendix to this Report the personal traits of
character of each individual member
from the Mayor to the Town Clerk - you
will thereby find that generalizing the qualifications
almost all the members
are quite illiterate and unprepared - most of them scarcely able
to write
their names - but that few of four and twenty can speak and less
understand
the English language in which the law of the Country is delivered
- But two or three of the
body have copies of the Charter - none of them as
we verily believe comprehend or attempt to
make themselves acquainted with
its provisions or the duties it enjoins.
We shall now take leave to
proceed to examine how far the spirit or the text
[4]
of such Charter has been followed or is capable of being beneficially carried
out.
The population of the Borough of Kidwelly are computed at about 12
or 1300 Inhabitants
of all these there are but 100 Burgesses mostly resident
within the what are called the Walls of the
Borough and a few without - The
system of admission is discretionary with the Council - this right was
as we
are inclined to infer derives formerly from the occupancy or ownership of
ancient burgages.
the admission is now often exercised capriciously in
consideration of gratuity - private bribing or
other covert inducement or
that which mostly prevails family ties and connections - no principle
as to
admission is laid down or recognized - none bears reference to the eligibility
of the inhabitants
generally, while the object appears so disparaged that it
is with many of no consideration - The
consequence is that the Corporation
books (for no burgess roll is kept) do not contain nearly the
whole of the
Inhabitants of the Borough eligible to admission, while it would be of course
the
interest of all the respectable portion of the male adults of the place
to participate in the Corporate
Government if it were capable of being duly
regulated and executed -
The language of the Charter would lead us to
think on giving it a liberal
construction that the concurrence of a full
majority of the Corporate Council were requisite for
all Corporate acts; but
such is not that given to it - Corporate acts for instance emanate from
a
majority of a meeting composed of a majority of the members of the Council
at which the Mayor
presides; and which may be held to be the legal course;
this process as will be perceived enables 7
persons out of the 24 members of
the Council to control the Corporation - but even to this
course they have
not always adhered, And we are credibly informed that at the election of
the
last Mayor at Michaelmas 1845 but 12 members of the Council attended the
Corporate meeting
for that purpose and which thus assumed the functions of a
majority -
For the year ending Michaelmas 1842 Philip Howell a small
farmer and an
Insolvent acted as Mayor and Justice of the peace and acted as
Justice for the ensuing year ending
Michaelmas 1844 - John Gower a Working
Carpenter acted as Mayor and Justice for that following
Corporate year ending
Michaelmas 1844 - after him followed David Williams of Coleman another
small
farmer whose mayoralty ended Michaelmas 1845, and for the last year John
Williams a
farmer and lately an Innkeeper was elected Mayor at Michaelmas
last for the present
year - All these individuals are not only uneducated and
unprepared men but most of little
or no substance save what they derive from
manual labour in which their time is
wholly occupied save what they devote to
indulging themselves at the expense of the
Corporate funds or to the little
trouble they take in the routine business of the Corporation.
The present
Mayor and Justice may be said to be one of the best substance and the
other
one of the least substance of any of the party.
The office of
Chief Steward of the Corporation has for a long period been in abeyance
- his
duty appears to have consisted in letting Lands, receiving rents paying same
over to
the Chamberlain - and auditing and certifying as to the accounts of
the latter - An attempt
was lately made to revive the office but to no
purpose, and Mr. R. Dunkin the person
appointed assumed to hold a Court Leet
under the guidance of Mr. Jeffries the Deputy
Recorder and two Courts Leet
were professed to be held at neither of which was any thing
effectively done
- The functions of Chamberlain including the duties appertain
to the Chief
Steward are discharged by Mr James Prickett one of the Corporate Council, he
being
[5]
as such a controul as respects his own accounts - The Charter does not appear
to have
contemplated that one of the Corporate Council should have fitted the
office of Chamberlain
With respect to the lands where no atttempt was
made at improvement the same were
held in common and the Inhabitants
generally participated in the benefit of the open Commons
surrounding the
Town, but a deplorable change as respects the health and accommodation of
the
humbler classes has recently taken place in this respect, which we shall
presently notice - For a
long series of years the Corporate Council or the
control of the Corporation, has got into the hands
of the farmers encircling
the place, whose united policy has been directed to injure the interest
of
the Town, so that no stranger might be induced to stay or locate therein
-
The district within the Walls of the Borough contained until lately a
good deal of
land partly open and partly enclosed - whereon the Burgesses
turned and depastured their herds
and Cattle and the open lands were most
conducive to health and afforded facilities and approaches
to the Sea about a
mile and a half off - The open lands were formerly agisted by the
Corporation
in common and the commonable Cattle entitled to agist thereon
within the last 50 years were
stinted or limited as to each of the Burgesses
-
It is material to notice that all the Burgesses resident or nonresident
had
as equal right of stint in this common land - It may be here observed
that residence is
a qualification for a Corporate office, but not for the
admission of a Burgess, and Burgesses
surcharging the Commons were made
liable to a fine which was sometimes irregularly exacted.
Such was the
remissness of the Corporation with respect to its possessions that about
26
years ago it suffered about 50 Acres of land to be taken possession of by the
late Earl
of Ashburnham, and which has since been embanked by the present
Earl, and this though
they were fully cognizant of the appropriation from the
commencement - the Mayor
and certain of the members of the Common Council
according to ancient custom, personally
perambulating the boundary including
the land in question on Whit Wednesday in every
year; a good deal of other
land has been lost to the Corporation owing to neglect -
The power of the
Corporation became centered in about 5 to 6 members
of the Council who of
late years contrived together to surcharge the Common with
impunity - The
right of stint was all the benefit derived by the Burgesses in common
while
the Corporate body lavished the whole of the revenue in petty expenses
principally
in feasting and drinking, no portion being applied to the public
improvement of the
Borough
The Corporation lands open and enclosed
comprised about 900 acres, about
500 of tolerable quality - Had this land
been properly let the returns would be more
than tripled - The ruling object
of the ruling party in power in concert was to secure
municipal pickings and
cheap and choice holdings to keep strangers away and to divide
the spoil
utterly regardless of the rights of other parties and quite indifferent as to
the
improvement or the advancement of the district or the good government of
the Town -
The clamour against the misappropriation and surcharge of the
Common
increasing the Council in the year 1840 entered into a resolution to
divide the open
lands among their own body - It was at first pretended the
division should be by
lots but the Corporate body covertly contrived to
become possessors of the choice pieces
[6]
in the proportion of 4 acres each - the remainder was allotted between
certain of
the Burgesses in such division from 2 to 4 acres as was thought
expedient or as the
Corporation was influenced by the respective parties or
their connections - Leases for 99 years
were drawn out to the parties at a
nominal rent of 2/6 an Acre several new burgesses
were therefore admitted so
as to come in for divisions of the land - and while several
of the old
Burgesses were excluded, these were preferred - About 20 Burgesses
residents
and non-residents were excluded from this partition - In the
instances of demises to the
members of the Council the parties might be said
to be Lessors and Lessees in the
same grant -
The grantees or lessees
took possession and now hold these divisions some that
a great many of them
have parted with their interest and that in some instances to
members of the
Common Council -
This division of the Corporate land has somewhat added
to the Corporate
revenue while it has deprived several of the present and all
future inhabitants or
burgesses of any benefit therein - the increase to the
Corporate revenue is only so much
added to the means of feasting and rioting
-
The lands so allotted were of course of much greater yearly value than
the
nominal rent reserved and were capable of great and important
improvements conducive
to the benefit of the Town and to the health of the
inhabitants - These advantages
will now be for the most part lost to
succeeding burgesses and in effect to the
Inhabitants generally
While
the Council assumed to object to the grants of land to nonresident
burgesses
in general there is an instance where one was made in the case of the son
of
one of the Aldermen not a burgess - And there are instances we understand
in the years
1843-4 where they made orders for grants of lands to other
persons not Burgesses -
I will not enter into details in this respect as
they would only go to load
this case - we only refer to instances of
misdirection or maladministration and it is for
you to consider whether you
will require proof in respect thereof with the view as one
would hope to a
permanent remedy, or a better system -
This partition of public lands
from their original purposes to
individual appropriation or rather spoliation
put an end at once to all prospect of the
improvement of the Town of Kidwelly
and it moreover inflicted a ruthless and lasting
injury on the bulk of the
inhabitants consisting of the humbler classes -
No provision whatever was
made or reserved on the general demising
of the said Corporation lands so as
to secure footpaths or roadways for the convenience
or recreation of the
public or of the Inhabitants, many of the humbler and industrious
classes of
whom were in the habit of keeping asses or beasts of burthen and
large
quantities of poultry, and which were permitted until the spirit of
avarice enclosed and
divided the Common lands to depasture and feed thereon -
this deprivation has added
much to the general poverty of the Industrial
classes and contributed of course to
destitution and to add to the claims on
the parish rates, while at the same time it
has restricted healthful vacation
without facilities for which the interest of such classes
[7]
in their native localities becomes proportionally depreciated
All or
most part of the enclosed Corporate lands at intervals long before
the
general partition were let at an inadequate value and that to members of
the Council
and a few of the Corporation generally which so far depreciated
the Corporate revenue as
applicable to public purposes
By the Charter
of James the Sum of £13.14.0 1/2 is made payable to the
Crown in lieu of all
services, customs and demands - The chief rent annually due to
the
Corporation in respect to certain Burgages in the Town amounts to
£13.13.4 within a
trifle sufficient to cover the quit rent due to the Crown;
this has been found out of the Corporation
funds and the chief rent save a
late collection thereof has been suffered to sink in
abeyance - but this
revenue can never be made available in the hands of the present
Corporation
as several of the members of the Council are liable thereto - It is
commonly
reported that the owners or the occupiers of the Burgages were
formerly entitled to right of
stint or depasture on the common land in
respect thereof, but of which they have
been long deprived -
The Town
rents and the chief rent for the last few years up to 1842 came to
about £125
per annum - capable of considerably increased - This sum has been
either
frittered on small expenses or lavished in public houses and that is not
found
sufficient - until lately the lands were preserved in their integrity
but the present Council
have advanced on the practice of their predecessors
and have lately borrowed a Sum of
400£ on the credit of the Corporate land
and revenue to pay among other things
Bills of various amounts aggregating
about £100 to the publicans of Kidwelly for drink
and tobacco - The remainder
went to pay old debts contracted in dissipation or which
they might have long
discharged but for having lavished away the funds -
We think we could
satisfactorily show that the Corporation of Kidwelly
out of very limitted and
depreciated Corporate funds have expended for Ale and
Tobacco between the
years 1838 and the spring of 1845 a sum amounting to very nearly
£300 - We
have copies of these accounts to submit if necessary - they contain
extraordinary
charges and those too numerous here to specially refer to, but
exhibiting the recklessness
and the utter absence of all sense of decency
induced by long impunity, that pervades
this Corporation - a Corporation with
a separate Commission of the peace, the parallel
of which we do not think
exists in the three Kingdoms -
There is one very singular item of money
paid for a suit of Cloathes supplied
in November 1842 to Philip Howells the
then and late Mayor and Justice of Kidwelly
to attend the funeral of the late
Recorder - all the accounts manifest waste and improvidence
unconnected with
any useful act or purpose whatsoever on items contracted by the Town
Council
of the most trumpery character, and in the indulgence of petty and
intemperate
habits -
The Tolls of the Borough were formerly of some
amount but are now much
reduced - we believe to about £5 for stallage in the
public market, which is paid to one
retained by the Mayor for his own use in
addition to a salary of about £5 which he
also receives - No part of the
Tolls were ever or are now applied to the relief of the poor
[8]
inhabitants as directed by the Charter
Thus all the Corporate
advantages having been converted to private purposes
the Corporation having
got into the hands of ignorant uncultivated and rude persons
all united in
family connections or alliances it served their contracted interest the better
to
keep the Town back and to render it as uninviting except for their own
necessary
objects as possible
Little attention has ever yet been paid
to the pavement, drains or
sewerage of the place; out of a good revenue
proportioned to such a place no part of it
appears to be appropriated to this
object - It is under the obligation of maintaining
the roads within the
districts of the Town - the County Boards has assumed lately part of
this
duty at the extremities of the Town - Its sanatory condition is in a most
deplorable
state.
The Town is formed of 6 or 7 main streets running in
strings and extent
of about 2 to 3 miles - it has an abundant supply of water
- one excellent and abundant
spring at the North extremity - how this supply
is made to serve the Town we shall presently
see - In the first place the
Streets have been seldom or never swept not even when drenched
or overflowing
with rain water in Winter nor when dried up into powder in the heat of
Summer
- Dung heaps are gathered up, about a dozen pigsties are situate thereon
and
night soil thrown thereto - the scourings from all of which flow into the open
gutters
and which with the refuse or waste water run or lodge therein, and
what does not run
off through a part of the Town to the South and to the
bridge to the West is
suffered to remain or to exude or evaporate or get
absorbed - This only applies to one
part of the Town the other part we shall
also revert to - Then with respect to the
public supply of water; there is
one well to the South at the extreme end of the Town sunk
a depth of about 10
feet at the bottom of a Winch, the water drawn up by hand in
buckets - there
is another small open surface well, exhausted in dry weather; at the
end of
another street is a hand pump generally out of repair - All these are at or
near
the centre - about a quarter of a mile to the North of one extremity is
the spring well
of Capel Sūl supplying more than half the Town with Water -
This is a full and ample
stream and runs from its spring in open gutters
through three of the public streets for
the space of about half a mile to
three quarters emptying itself into the river by which
is made a sort of
pistle or small cascade whereto a great number of the
Inhabitants
particularly the Innkeepers resort or send for water; this
supplies the best description of
water but you will be surprised to hear that
in its flow through the open streets it is thronged
with swine and poultry -
large Dung heaps are formed on its margins, the scourings
from which flow
into and mix with the stream and what is still more remarkable
the scourings
of several privies and pigsties run into the water as it flows along
whereby
it is sometimes so tainted as to be rendered quite unfit for use to
the
serious inconvenience and indeed disgust of the Inhabitants of the Town
composed
principally of working people who have neither means or opportunity
to seek any other
water and to the serious detriment of the public health -
Then there are no
[9]
regular pavements in the Town - no conduits or public pumps save the one
referred to, and not a
single culvert drain or sewer
The Town situated
in a salubrious locality suffers therefore great
deterioration and it may be
reasonably inferred that cases of ague, fever and imperceptible
contagions
occasionally happen there in consequence of accumulated nuisances,
sweepings
standing and putrid water, impure exhalations and generally of the
filthy state of the
Town, all of which pass unnoticed by the Corporate
authorities and the magistrates of the
Borough, although daily witnesses
thereof without the least misgiving on the subject; and it
might from
appearances be conceived that they feel innocent of being at all conscious of
the
public detriment thus generated, or that they are guilty of any wilful
dereliction of
duty on matters in which if they were of competent ability
would be among the first if
not the first to occupy their attention
-
From what is already stated the Town presents abundant
facilities
for a supply of water and for the erection of conduits drains and
sewers; generally
speaking it may be kept in a sanatory condition at a
moderate cost, which might long
ago have been attended to had the Corporation
revenues been properly applied instead of
having been frittered by the Mayor,
Justices and the members of the Borough Council in
jobbing in an accumulation
of petty and unnecessary expenses, in useless offices and in
low profligacy -
This Borough being exempt from County rates much is saved to the
Inhabitants
in this respect but then what is saved in a pecuniary view is lost in
the
general health - the exemption instead of encouraging vigilance has only
led to
negligence and depravity
Then it is to be lamented that there
are no public walks about
the Town - that the toiling portion of the
Inhabitants have been and are now being
hemmed in amidst unhealthy streets
bad and narrow roads and bye lanes, no
due access formed towards the Sea not
a particle of land appropriated for the
accommodation of the Working classes,
all of which might have been provided but all
neglected without the least
consideration in regard of the general mass now suffering
from the
deprivation and whose tastes and habits must imperceptibly have
become
vitiated by the demoralizing example of the authorities - If the Town
were put in a due
and vigorous course of self government, its prospects might
recover - the district is most
eligibly situate in respect to internal
intercourse to and between it and other quarters,
it stands in an open and
most salubrious part of the Coast - the highway to and
from the improving
Port of Pembrey and with proper facilities may shortly be the
main highway
between the two principal towns in Carmarthenshire: Carmarthen and
Llanelly -
the chief transit to and from these places - instead of through another
and
more circuitous route - all this might add considerably to the prosperity
of
the place and which the South Wales main Railway line about to pass by it
may
also materially promote -
We will now look to the state of the
district as to the
administration of Justice - to the capacity of the Borough
Justices to dispense same -
as to their attention and that of their officers
to their duties and as to its policies
[10]
We have seen that by the Charter a Court of Record and an inferior Court
called
the Hundred Court to try and implead for debt cases and trespasses
with exclusive
jurisdiction are or were intended to be established - Thow the
Borough Justices have
power to hold general Sessions of the Peace to hear all
matters, businesses and things
save treason and felony within the Borough
nonintromittant clauses as to
other Justices - The Charter provides for the
election of the Mayor and one of the
Aldermen as annual Justices - We would
say that each Mayor is entitled to act as
Justice for two years that is
during his Mayorality and the following year, but this
is not and not ever
been observed so that there are in the Borough but two
resident Justices -
the Mayor and the elected Alderman Justice - Then the Recorder
and his deputy
in the absence of the Recorder are Justices but these Gentlemen seldom
if
ever attend - Then we have seen by the Charter that a Town Clerk learned in
the
laws of England is provided for - The office of Town Clerk is an
important one - he is
by virtue of such office Clerk of the Council and has
the custody of all the Corporation
books, Clerk of the peace of the general
Sessions, Clerk of the Magistrates and Prothonotary
of the Court of Record
and Hundred Court; and as the Mayor and Recorder or one
of them may preside
in the former and the Mayor and Steward in the latter, the
controul of the
Town Clerk therein, if the Courts had not fallen to disuse, would
be
considerable - We shall see presently how far the present Town Clerk of
Kidwelly
is capable to discharge these functions -
The Magisterial and
judicial administration of the Borough is
therefore very disreputable - the
whole body of the Council being composed of
unprepared and uneducated men
such as we have described, their selection of
Magistrates falls on the usual
specimens of the body often on the most eager and
bold aspirants irrespective
of any qualifications - on parties known as notorious and
dissolute drunkards
- if such be the demeanour of those cloathed with the authority of
the law,
what rule of moral conduct are those who are forced to submit to it to
deduce
from legalized delinquents?
The present Mayor as before observed is Mr
Thomas Thomas farmer
and Maltster quite an uneducated and unprepared person -
Mr John Williams the
last Mayor and present Justice is a working Shoemaker
and Gardner and occasionally
keeping an unlicenced beer shop or pot house he
is continually occupied on his
Trade of shoemaking or mending or of going
about the County to vend Garden seeds
and we believe it was his practice even
during his late Mayoralty to go about the
streets of Kidwelly with a
shoemakers apron before him and with shoes old or new
under his arm - He is a
thoroughly ignorant person and just able to write his
name - His late
colleague Mr David Williams of Coleman is a person equally
ignorant and if
possible more dissipated - Their Town Clerk is well fitted for his
principals
- a person who to great want of even ordinary acquirements or
proficiency
preserves a very contumelious and repulsive bearing increased
rather than modified
by the power he conceives himself to hold - This man is
quite incompetent to fulfil
the ordinary duties of his office - has no
knowledge of law save what he picked
[11]
up as a Writer in a lawyers office for about a couple of years previous to
his
appointment of Town Clerk - And such is the composition in point of
incompetency
and ignorance with a very few exceptions and as to dissipated
habits of almost the
whole of the Aldermen and the Common Council of the
Borough from whom the
Magistrates are to be created - Composed of such
ingredients the Administration of public
Justice therein appears a solemn
farce - We could adduce instances where parties have
dispaired of finding
Justice - others deterred from attempting it, of others disappointed
after
seeking it - Riots or disorderly conduct have seldom or ever been
suppressed - offences of an
aggravated character have often passed unnoticed
or the offenders escaped punishment -
Disorderly conduct and riots assaults
or affrays in the public streets have not been
attempted to be suppressed and
only ceased by the subsidence of the parties or the interference
of the
public or of partisans or their friends - There has not been a constable
belonging
to the Corporate body (with one exception lately of a Sailor
occasionally and temporarily
at home) capable or will dare intermeddle - and
if they do they are conscious the
authorities would not or could not support
them - when applicants are desirous to seek
justice through the means of such
persons the authorities are often out of the way or from
home - or the
opposite parties are supposed through friends or connections or of their
own
sinister interest to intrigue or tamper with them so that the
administration of justice
becomes often a mere mockery - The Court of Record
and Hundred Court are long fallen
to disuse and are now rendered unnecessary
by the small debts Bill just passed and there
is little or nothing done at
General Sessions and the very outward show of it denotes a libel
on the
judgement Seat of Justice - Then no regular special or petty sessions or
sittings occur
in the Borough - they are required by statutes to hold special
sessions for special purposes
such as ones to appoint overseers of the poor -
another to appoint Surveyors of the Highway -
& special Sessions at the
least are required to be held for the purposes of the general
Highway Act and
a special Sessions once a quarter or oftener to hear and determine
objections
to rates, and in other cases - not one of these special sessions
are ever appointed or held -
at the last appointment of Overseers the then
Mayor and Justice appointed fresh
Overseers in the past instance by affixing
a simple cross to two of the names returned
for that purpose at the Vestry
meeting.
In August 1844 the parish agreed to appoint a policeman
who
continued in office for about 12 months and upwards when he was
discharged on the
ground of expence alone with the best character - We have
the minute of that officer
to shew that the then Mayor and Magistrate were
guilty of the most disreputable and
debasing habits equally regardless of
their public duties and of common decency - It would
be too long to load this
statement with it but we have it ready to produce when
necessary or called
upon - We are of the opinion that it contains acts of profligacy
and
misbehaviour in persons cloathed with the authority of the law such as
scarcely
could have been contemplated in a civilized Country; and we
respectfully offer to support
the Statements therein contained in all its
details provided Mr Dale the late police officer who
has quitted for some
part of England about 18 months ago can now be found; but even in his
absence
we can substantially support the Statement therein contained, the
details are the more
[12]
authentic as having been set down as the circumstances occurred - On a late
occasion
when the wife of John Bettws was summoned to answer the application
of another woman
to find sureties to keep the peace for that shehad
threatened as the Complaint in effect
stated "to pull her guts out" both
Mayor and Justice appeared inebriated on the bench
but entertained the charge
and ordered the party to enter into sureties to keep the peace
accordingly -
The Town Clerk then acting as their Clerk was unable to go properly
through
the ceremony or forms of taking the Recognizance and no Recognizance
was in fact drawn
out nor totice given the sureties as required by the
Statute - this was in the course of the
last Summer - We believe the Town
Clerk scarcely ever takes down the minutes of proceedings
judgement or
adjudication of the justices when sitting in petty or general sessions or
in
their judicial capacity nor is he capable of properly doing nor does he as
we believe
keep any minute book for the purposes - We could address many
other instances to
shew the inefficacy of entrusting such persons with a
Commission of the peace and of
the most indecorous losses and disorderly
conduct on the part of the persons filling
the situations and assuming to
administer the duties of magistrates when in
execution of their
office
Then there are matters appertaining to the poor laws and their
due
administration and the Assessment of the Rates which come under their
cognizance
and for the treatment of which they are utterly incapacitated
whereby irregularities
and complexities occur in the collection and in
calling on the parish officers to due
accounting of the funds in their hands
- And the parish officers have not to our knowledge
been ever called to duly
account to the parish on the expiration of these offices whereby
great losses
have occurred to the parish
We have seen by the Charter that it is
provided that the
Borough should have a common Gaol for the safe custody of
all persons attached in
the Borough and the Justices are empowered by Warrant
to send all persons arrested within
the Borough on suspicion of felony to the
common Gaol of the County of Carmarthen
with respect to whom the general
Sessions of the Borough is precluded from proceeding
to determine - This Gaol
is now in utter want of repair and a person not long
ago committed thereto
broke out without difficulty and was never punished nor called
to account for
the offence although appearing publicly and in the presence of the
Mayor
immediately afterwards in open defiance of the law - he was a relation
or
connection of one of the Justices - It has been the practice of late years
to send
all persons to the Gaol of the County of Carmarthen for misdemeanors
as well as felonies.
This course appears to be unwarranted by the Charter and
is a device to get rid of
the expense of keeping the Gaol in good repair - it
is attended with unnecessary trouble
and expence and goes to shew the
inability of the Corporation pr the inadequate state
of the public Gaol - The
state of this place called the Gaol is too filthy and
unhealthy to be
minutely described - It is important to consider that when the
Railway the
Contracts for which are now let out, will be presently in course of
formation
a great accession of Mechanics and excavators will domicile and
frequent the place
requiring increased efficiency and activity in the local
authorities, a vigilant and
[13]
effective police and a secure Station House.
The manner in which the
Council of the Borough set about their
duties on what they call Hall days is
in the present age extraordinary - a body
of them or a packed number meet at
the Pelican Inn hard by in the morning before
proceeding to the Hall and set
about drinking and smoking - settle the business amongst
themselves then go
together to the Hall - make some entry of the proceedings return
again in the
same order and finish the day in drunkenness and uproarious jollity
mere
animal excitement seeming to be the end and aim of their labours -
sometimes
they make an evening of it after this fashion - A great many of the
members are
insolvent or of no substance - most of them quite irresponsible
and of advanced age -
one is quite deaf - another is blind - a good number
cannot write and know the
English language but very indifferently - And still
fewer capable to write a sentence
in the English language correctly - We
could shew that it is the common practice when
applicant solicit favors from
the members of the Council that these parties must
be propitiated - must be
first well treated or feasted and in some cases when
this indulging
themselves at the expense of persons who merely sought an ordinary
Act of
Justice they have been known to practice deceit and imposture - It has
not
infrequently happened to see these good men reeling home after attending
Common halls
in an open state of intoxication - And it is asserted on
credible authority that on
the occasion of the death of the late Sir W. Nott
in January 1845 they met for the
ostensible purpose of instructing the Mayor
to attend the funeral and got vociferously
drunk and that late in the evening
of the day of the funeral they gave the
exuberance of mellowed grief three
Cheers for the defunct - We fear we would be
charged with overdrawing the
picture with prejudice or exaggeration did we
venture the expression of our
opinion that a more besotted, reckless and corrupt set
of men scarcely meet
together in Her Majesty's dominions; long impunity has
emboldened them to
excess - We would fain trust that having undertaken the
task to lay their
conduct and the state of the Borough under the supervision of
competent
authorities that an enquiry will be instituted with all convenient
dispatch
and relief afforded to us - the institution of the Charter instead of
benefiting
the Town is made the instrument to pervert Justice to lead evil
examples and to
deteriorate a very interesting and ancient and important
district of Country -
The Town and limits of the Borough of Kidwelly
contains a sufficient
number of competent individuals capable to duly
discharge municipal functions, but if
that was considered too confined it
would be no difficult matter in reconstructing the
Borough, to extend the
district -
Our wish is not to destroy the Corporation, for its revenues
would in
such case revert to the Crown when they might be made to apply to
beneficial local
purposes - Our object would be humbly to solicit Her
Majesty's Government to take
the situation of the Town into their favourable
consideration and to afford the
Inhabitants such relief as may be deemed meet
- We are desirous that the present
Corporation may be done away with and that
a fresh Charter better suited to
[14]
work out beneficial purposes and to consult the public wants and
wishes
within the action and controul may be granted - in particular ther
inhabitants
are desirous that any new modelled Corporation might have the
choice of their
Magistrates subject to the approbation of the
Government
It has been long said that in all concessions and grants
of
franchises there is a tacit condition implied that the persons to whom
they are
granted will use them justly and that when a Charter is once
accepted the
Corporation undertakes the responsibilities for all its duties -
Here the trust is expressly
stated to be for the public good and it
demonstrable that it has been grossly perverted
to private perquisites
calculated to demoralize and vitiate by its example a whole
district - It is
difficult to see in this case anything but as association formed for
party
pelf, a combined body who seem to openly disregard their Oath of office
imposed by the
Charter and by inactivity and neglect and passive corruption
abusing the dispensation
of justice - When the fountains of Justice are foul
at their source it becomes incapable
of pure dispensations - in some
instances inability is more mischievous than positive
corruption but when
inability and corrupt demeanor become associated in the same
parties the evil
becomes one of the most calamitous that can be inflicted and its
effects in
this instance may be witnessed in the utter indifference manifested by
the
Inhabitants generally in respect to the depravity daily perpetrated at
their doors - with all
possible deference we presume to observe that this
Corporation appears a Chartered
body to pervert benevolent objects not only
to private profit but to public profligacy - The
Judgement Seat is
consequently derided or held up as an impotent object of contempt -
The
occupants appear to have neither ability to discriminate firmness to
decide nor
confidence to fortify them even if a sense of rectitude pervaded
their deliberations; already
authority cannot be duly asserted - the law
vindicated or examples set - And the
Corporate officers entitled according to
the present state of things to succeed them do
not appear to be better
qualified - The Corporate Council appear to consider the trust
reposed them
as a medium whereby to indulge in personal gratification or means
of
emolument - they are as unconscious of any accountability as they are
incapable
of performing their duties, utterly regardless of that rule that
can best conduce to the
prosperity of the Corporation - that in proportion as
the resources of a public trust are
or become limited and the calls thereon
pressing or extended; should rigid economy,
strict disciplines and wary
management be observed - They have taken from the poor
and the toiling their
last blade of grass and reduced the Borough generally to a
state of as yet
hopeless destitution
It may be thought surprising that this matter of the
evil be so rooted
and so old has not been noticed earlier - until the
municipal reform Act no one
thought that Corporations could be touched - it
escaped being extinguished at that period
through the adroitness of its then
Recorder the late Mr J. Jones M.P. for Carmarthenshire
and it were not
unlikely that an attempt to neutralize this application would be made
but for
the disposition manifested by the present Government to improve the social
and
physical condition of the community, and for the due dispensation of
public justice
[15]
and which has encouraged this application - The inhabitants having been thus
long
supine from despair of relief the onerous and uninviting duty of
preparing a case
and of offering to establish its premises has devolved on a
few individuals.
What we propose to charge against the present Corporate
body of Kidwelly
as having a separate Commission of the peace and exclusive
jurisdiction as grounds for the
the reconstruction and remodelling the
Corporate system are:-
For that the Corporate body has disregarded its
Oath of Office which
is that each of its members faithfully execute the same,
in and by the corrupt
malversation of the public funds from their original
purposes and prescribed objects
as being composed of parties who are corrupt
or incompetent and who have been grossly
of long and uniform neglect in the
dispensation of public justice such as they might
attempt to administer - for
that the two acting magistrates thereof the Mayor and present
Justice are
incompetent persons for the due or anything like the due discharge of
the
Magisterial and Judicial functions and of injurious tendency as regards
the public
welfare - And for that the same Justice is quite an irresponsible
person -
For having wilfully subverted the provisions of the Charter in
the
appointment of inefficient and irresponsible officers of the Council and
of the Corporation.
For nonuser of the Borough Courts of Record and the
Hundred Court and
of the Corporate office of Chief Steward - an office if
efficiently filled that wants to have tended
to check the undue lavishment
misappropriation and disposition of the Borough lands
and revenue - And for
the consequent misuser of the office of Chamberlain in usurping
the functions
of the Chief Steward -
For alienating the lands of the Burgesses in
common and directing
the same out of the legitimate channel that is in
disparaging and destroying instead
of preserving same and thereby
unnecessarily depriving successive members of the benefit
thereof, in having
apportioned a considerable part thereof among themselves and others of
the
Burgesses at nominal rents and unjustly depriving several of the present
burgesses
of any benefit or participation in the common lands of the
Corporation and of their ancient and
accustomed privileges -
For
having otherwise unduly and collusively lavished that is
misappropriated
misapplied and embezzled the funds of the Corporation -
For neglecting
the due improvement of the Town and its sanatory
condition or otherwise for
having conduced by gross mismanagement and corruption
to render the place
very unhealthy -
For gross and intemperate habits or utter incapacity in
the major
part of the Council and for generally debasing examples
-
For causing by the general conduct by the Justices and authorities
the
law to be disregarded and for bringing the administration of justice into
contempt and
derision -
For deteriorating the condition of the Town
and inhabitants instead
of following up the object of the Charter intended
for the advancement thereof -
[16]
For that the Charter is quite unfitted for the present state of the Town
the
vicious principle of self election having lamentably reduced it from a
once flourishing
place in the stead of advancing its prosperity -
For
that the present Town Council are wholly unfitted to fulfil the
judicial
functions the Charter imposes, that as much as a body so obtuse must
be naturally
jealous of intelligent controul it follows from experience that
what has already occurred
will as long as ignorance and profligacy prevail to
the end of time to be propagated
and this is not the case of innocuous
ignorance but that which has been stimulated
by the secure enjoyment of
corrupt gains and abused power until the practice has at last
grown into
irretrievable habits -
For that the Charter has not only been violated
but not fulfilled for that
the body Corporate has not only committed grave
and long continued errors but omitted
their ordinary and essential
duties
For that the Town has and is now suffered to be and remain in a
very
unclean and unhealthy state and the main supply of water thereto
suffered to remain
exposed to filth and dirt - for instance dung heaps lie in
the open streets, by lanes and at
the extremities of the Town never noticed
by the Justices or authorities altho' under their
daily observations - And
which with stagnant waters - cess pools and pigsties also adjoining
and in
the Town in some instances fronting the public streets ooze and exude
their
scourings into such streets and the open street gutters and into the
main watercourse
running in open gutters along the sides of two long public
streets, supplying the
inhabitants with water - And whereto great many of the
inhabitants daily and openly
throw and empty filth slops washings and rubbish
- And wherein they regularly and daily
wash and clean themselves - There is
not a single culvert drain or sewer in all the Borough,
although the
Corporation has for upwards of 5 Centuries enjoyed most ample funds to
remedy
all defects
For that the principal objects of the Charter which as
indicated by its
preamble were for the better rule improvement and government
of the Borough and to enable
the body Corporate to purchase and demise lands
(whereupon grants of extensive wastes
were thereby made) And also to enable
the Corporation to make laws for the good rule
and improvement and
consequently for advancing the interests of the Town and its
inhabitants And
for the letting and demising of lands - with extensive machinery
and
provisions for the maintenance of the public peace - for the
establishment of a separate
inferior court for the recovery of debts and
damages by the Kings writ and plaint, Have
for the most part been neglected
abused or deteriorated or made incapable of being
efficiently carried out And
for that a considerable function of the Charter and its Machinery
framed for
the recovery of debts and damages and now rendered wholly useless by the Bill
lately
passed the Legislature and about to be introduced into general
operation for the recovery of
small debts and damages
For that the
Charter is of no pubic utility in respect to many if not most
of the most
important objects it contemplated and on the faith of which it was granted
[17]
For that the present Corporation and its probable future officers and members
is
and are and will be incapable of effectively carrying out any of the
provisions and objects
even such as are now capable of being carried
out
And generally for that the body Corporate have disregarded their
Oaths of Office
abused their trusts and thereby forfeited the Charter
----------------
Such are the charges we have made it our duty most humbly and
respectfully
to submit to Her Majesty's Government in the earnest hope of
redress - We made the
Statement apart from any desire to exaggerate and to
test its correctness we beg to invite
the fullest and most searching
investigation - In a confined locality a body of about 30
individuals
associated and as it were conspiring to together and armed with a good deal
of
local power and widely connected possess comparatively speaking extensive
influence but we
are prepared under all disadvantages to meet the emergency
and therefore entreat to be
permitted to adduce proof to establish our
premises - The personal sketches of the Town Council
which we will assay to
append to this statement will we are disposed to think present an
exhibition
scarcely equalled in the history of defunct rotten Boroughs and as we verily
believe
unequalled to the present day
We presume to think that it will
not depend so much on the numerical
quantity of signatures or references with
a view to the remedy but in the existence and
extent of the mischief - it is
not that complaint is not very general but as respects the
debasing
influences of bad examples long existing, and as to the introduction
of intelligent correct
open and enlightened principles - Many persons in this
impoverished locality may not wish
to offend the Council in respect of an
application which they consider will be scarcely if at all
entertained and
the issue of which in any case they consider at best as doubtful - and
many
are become so habituated or accustomed to the present state of things as
to be doubtful
that any good will result under any circumstances or that the
Corporation is capable of
reformation - Besotted and degraded as is this
Corporation there are still very many
individuals in the Borough who would
avoid entering into collision with them or voluntarily
incur their
displeasure
We would have entered into a fuller array of facts but that
it occurred
to us that at the present stage this is not called for and we
feel that in taking the present
review we have consumed much more space than
we could have wished - The Records
of the Corporation would go far to condemn
it but they are sealed Books and will not
be permitted to be inspected - We
might have referred to many of the Burgesses but no
separate list of Books
being kept wherein the admission or swearing in of the freemen,
burgesses and
other members of the Corporation are entered as provided by the Statute -
that
is denied to us - We have presumed tosubmit these representations with
reluctance and
we feel we have ventured on a novel and arduous task in
proposing to contend with
an associated and conspired body who will probably
be disposed to make some sacrifices
to screen themselves from
obloquy
And we also beg to say that we humbly conceive that in case
some
[18]
legal succour be not attainable whereby the members of the Corporate Council
may be
restrained from further abusing their franchise and the functions
imposed by it, from
perverting their trusts and longer assuming for which
they appear wholly incapable
and particularly from administering public
justice judicially and ministerially and generally
from regulating the
officers of an important district of the Country, we may despair for ever
of
advancing the welfare of the place - public health will be sacrificed, public
accommodation
neglected - education held in ignorant contempt and intemperate
and reckless conduct will
prevail - any abortive attempt at obtaining Justice
will serve to increase if not to aggravate
the evil
With a duly
modified Charter consistent as far as found practicable with the
provisions
of the Municipal Reform Act there may be found a sufficient number of
competent
individuals within the confines and neighbourhood of the Borough to
efficiently conducts its
local affairs - And we firmly believe that with due
management of the Corporate property the
prospect of a main line railway
passing through the district, the contiguity of the place with
rising
neighbouring towns and to a rich mineral district of Iron stone and Coal
attracting
the attention of capitalists there would in a very short time be a
great accession of
industrious inhabitants and consequently of wealth, and
that this at present wretched
Town would again revive and assume some portion
of its former flourishing state.
Kidwelly unquestionably under due Corporate
management might in process of time
be capable of an increase of revenue and
of great advancement in its social and
sanatory condition and
comfort
Finally we may observe that the main objects of the last Charter
with its
cumbrous machinery seem to have contemplated the appreciation of
public funds and
Corporate revenues to beneficial public purposes; and the
immediate administration of
justice as regards misdemeanors and the recovery
of debts - All of which have failed -
all proving worse than abortive by
having been perverted for debasing private purposes
at the expense of
grievous public wrong - Even if the local Courts were effective they
would
now be rendered unnecessary as partly before referred to by the
important Bill passed under
the auspices of Her Majesty's Government for the
recovery of small debts - a great if not the
greater portion of the present
Charter of this Borough will now be rendered nugatory even
even if it were
intended to be followed up - while we have seen that the clauses applicable
to
the dispensation of the Corporate revenue - the improvement of the Town
and above all the
administration of justice are from the vicious construction
of the Charter and that of
the consequent composition of its present
Corporate machinery incapable of being carried out
We feel we have no
powers of effecting a fitting remedy but conceive such
a power rests with the
Crown and we therefore earnestly pray that due enquiry
may be made on the
subject and relief afforded, and that at the earliest opportunity
[19]
| The following is a list of the present members of the
self-elective Corporate Council of Kidwelly with notice of their qualifications, habits and pursuits in life N.B. The Borough comprises about 1300 Inhabitants with a separate Commission of the peace composed of and constituted from the parties following: |
1 Thomas Thomas
Farmer, Maltster and Land
Agent
present Mayor
Elected Michaelmas 1846
2 John Williams
Late Mayor and present
elected Justice of the Borough and alderman
(one of the two justices residing
therein)
[20]
Has filled the office of Mayor several times before and has according to the
prevailing
rule been elected one of the two Justices of this Borough at the
expiration of his late office
for the present year - occasionally keeps an
unlicensed Beer Shop wherein he and his wife
personally act as vendors -
Keeping neither a Waiter or Servant on any occasion - Imployed his Son
a
Working Carpenter in doing jobs for the Corporation during his Mayoralty
3 David Williams of Coleman
Late former
Mayor and late Justice of the Peace and Alderman for the
Borough
4 John Gower
Alderman, a former Mayor and
Justice of the Peace for the Borough
5 Philip Howells
Alderman, former Mayor and
Justice of the Borough
[21]
Council with a suit of black to attend the funeral of Mr J Jones the late
Recorder
in November 1842.
N.B. These last four persons have often
presided as Mayors and Magistrates
of the Borough.
6 William Mansell the
elder
Alderman
7 Edward King
Alderman
8 John Bowen
Alderman
9 David Williams (Farmer Maesgwenllian)
Has been once Mayor and afterwards elected Justice of the peace10 David Anthony
Farmer - Alderman
[22]
11 William Williams
Farmer - Alderman
12 James Prickett
Alderman and
Chamberlain
and Working Shoemaker
13 William David
Common Councilman
14 John Lewis
(no business)
Councilman
15 David Job
Councilman
16 William Mansell (the
younger)
Councilman
[23]
lets slip an opportunity to carouse with the Council.
17 William Jones (Councilman)
A small farmer very aged - an ignorant and drunken person - often of very intemperate18 Thomas Thomas (Pendre)
Councilman
19 William Gower
Councilman
20 Evan Gower
Councilman
21 Evan Williams
Councilman
22 John Griffith
Common Councilman
23 John Thomas
Councillor and Town Clerk
&c. i.e, Clerk of the Council Clerk of the peace of the
General Sessions
of the peace and Prothonotary of the Court of Record and Hundred
Court and
Magistrates Clerk
[24]
rudeness - This might be the most useful, and important municipal officer
within the
Charter - he has charge of all the public Records of the Borough -
His Salary is subject to the
dicta or regulated by the Council - the Charter
which the Council have been sworn faithfully
to execute requires that the
Town Clerk should be a discrete man learned in the laws of
England, but save
that this person has by means of having for about a couple of years been
a
writer in an Attorneys office and thereby having acquired ordinary English and a
proficiency
in hand writing and to cast accounts he appears unprepared and
inefficient for the due
discharge of his duties - Is considered very
inattentive even to the routine of public
business - Instead of facilitating,
his demeanour has conduced to retard delay or obstruct
public justice; even
such as such Magistrates have it in their power to dispense - He
appears
incapable to properly draw up or make due entries or records of
judicial
proceedings &c - His conduct at the Quarter Sessions and we
understand at Council
Meetings and as Magistrate's Clerk has been on some
occasions full of coarse assumption;
But with characters such as this
Corporation and as we have described assurance passes for
ability - We do not
know that he is a person of substance or responsibility - we believe not
N.B. The Aldermen are elected for life out of the Councilmen or principal
Burgesses only and the principal Burgesses by a majority of the Corporate
Council indiscriminately
N.B. For five Centuries has this Corporation existed with no other effect
than to
demoralize its Members and as will the locality by its corrupt and
profligate example
whose only business seems to have been to contrive how
best to dissipate and lavish resources
capable of much public good and to
deteriorate and greatly to ruin the place if not to
make it a very nest of
poverty - such are the Characters on whom devolves the public
government of
this devoted Borough
----------------
P.S. Vide marginal observations p 23 ante - David Job Councilman No.
15
referred to on p 23 has been lately amoved by the Council for
non-residence and the
vacancy in Council thereby created and another previous
one caused by death were in
January 1847 filled up by the Council by the
election of the following persons -
15 Daniel Mansell
Councilman
[25]
24 Henry Anthony
Councilman
The following is
A Sketch or Table
of the
present chartered body Corporate of Kidwelly,

By this table it can be made out two of the Aldermen of the Borough
John
Williams Shoemaker and William Mansell farmer are connected through
blood and affinity
with fourteen members of the Council - that is each with
seven - And that these same
several parties may thereby command including
their own Sixteen votes, or more than a
full majority of the whole Council -
but as thirteen members assembled comprise a full
Town Council Meeting - And
as its proceedings are controuled by the concurrence of the major
part of the
number present the governance of the Corporation may resolve half into
the
controul of seven only - thus each of these two individuals may through
their relatives
command a majority of the Council on the plan described and
so it may be managed
by any number of their respective families as interest
address or feeling may operate - And
[26]
again Thomas the present Mayor may be said to command these two families
independent
of other Members of the Council under his influence by which it
may be inferred how readily
he may work his machinery and govern the whole
Corporation - Then he may the more
especially now he is a Mayor and with the
assistance or connivance of his Nephew the
Town Clerk partly dependent on him
effectively command a surreptitious or packed Town
Council Meeting by merely
causing a short written notice to be temporarily affixed on
the Town Hall
door, three days before the professed meeting (which parties may never
see
and care not to see - a good many living in the suburbs) And by sending
special invitations
to favoured or special adherents and connections And thus
it would be to the end of time -
for as the old members die off the fresh
aspirants to office in the persons of their sons and
immediate relatives all
brought up to similar pursuits and habits spring forward as
we see in the two
last instances of the persons just elected into Council.
We are inclined
to think it will on investigation turn out that no cause
of amotion,
forfeiture or vacancy appears on the books to ground the election of these
parties
to office
[27]
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( Gareth Hicks 6 June 2005)
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