Edward Castres Gwynne
Encyclopedia
Edward Castres Gwynne was an English
-born Australia
n lawyer
, Supreme Court of South Australia
judge and politician
.
, Sussex
, England
. He was educated at St Anne's Grammar School and under the Rev. George Evans at Sheffield. He studied law, was articled with attorney Charles Willis, and then practised himself as an attorney until 1837.
. Gwynne left for South Australia
, arriving in Adelaide
aboard the Lord Goderich on 15 April 1838. His appointment as clerk of court was not confirmed and Gwynne immediately applied for admission to the bar and practised as a barrister. In 1840 he entered into partnership with William Bartley, and later was joined by Charles Mann
. Gwynne established a reputation as a lawyer, especially for his knowledge of equity law and the law of property. In 1851 he was nominated to the South Australian Legislative Council
, and soon afterwards brought in a bill to establish state aid to religion, which was however defeated. In 1853, during the discussion of the proposed new constitution, he spoke in favour of a nominee upper house, but it was eventually decided that the house should be an elected one with a property qualification for voters. Gwynne was defeated at the election for the council for the seat of East Torrens in 1854, but was elected unopposed to the new Legislative Council in 1857. Gwynne opposed the Robert Torrens
real property bill, being afraid that it would have dangerous consequences. Though his opposition was not successful his criticisms had the effect of improving the bill. He was attorney-general in the John Baker ministry which lasted for only 10 days in August 1857, and in 1859 was appointed third judge of the South Australian Supreme Court. In 1867 he became second judge and primary judge in equity. From December 1872 to June 1873 he was acting chief-justice, and in February 1877 received extended leave of absence to visit England. Gwynne was never appointed Chief Justice in spite of his seniority; he retired on a pension on 28 February 1881.
Gwynne was an important figure during his comparatively short career in parliament. As a lawyer he was a good pleader, and as a judge he was distinguished for his clearness of apprehension, breadth of view, strict impartiality, and excellent knowledge of the law. Sir John Downer
, who had appeared before him as a young advocate, spoke of him many years later as "a very great judge". Mount Gwynne in the Northern Territory
was named after Gwynne by John McDouall Stuart
in 1860.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
-born Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
judge and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
.
Early life
Gwynne was the son of the Rev. William Gwynne (1774-1825) rector of St Michael's, Lewes, and of Denton; and was born at LewesLewes
Lewes is the county town of East Sussex, England and historically of all of Sussex. It is a civil parish and is the centre of the Lewes local government district. The settlement has a history as a bridging point and as a market town, and today as a communications hub and tourist-oriented town...
, Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. He was educated at St Anne's Grammar School and under the Rev. George Evans at Sheffield. He studied law, was articled with attorney Charles Willis, and then practised himself as an attorney until 1837.
Career in Australia
At the end of 1837 Gwynne was appointed clek of court by the Supreme Court of South Australia judge John JeffcottJohn Jeffcott
Sir John William Jeffcott BA MA was the first judge of the Supreme Court of South Australia. He also served as Chief Justice of Sierra Leone.-Biography:...
. Gwynne left for South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, arriving in Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
aboard the Lord Goderich on 15 April 1838. His appointment as clerk of court was not confirmed and Gwynne immediately applied for admission to the bar and practised as a barrister. In 1840 he entered into partnership with William Bartley, and later was joined by Charles Mann
Charles Mann (advocate-general)
Charles Mann was the first South Australian advocate-general.-Biography:Mann was born in Syleham, East Suffolk, England, son of Charles Mann and his wife Sarah, née Moxon...
. Gwynne established a reputation as a lawyer, especially for his knowledge of equity law and the law of property. In 1851 he was nominated to the South Australian Legislative Council
South Australian Legislative Council
The Legislative Council, or upper house, is one of the two chambers of the Parliament of South Australia. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly...
, and soon afterwards brought in a bill to establish state aid to religion, which was however defeated. In 1853, during the discussion of the proposed new constitution, he spoke in favour of a nominee upper house, but it was eventually decided that the house should be an elected one with a property qualification for voters. Gwynne was defeated at the election for the council for the seat of East Torrens in 1854, but was elected unopposed to the new Legislative Council in 1857. Gwynne opposed the Robert Torrens
Robert Torrens
Sir Robert Richard Torrens, GCMG was the third Premier of South Australia and a pioneer and author of simplified system of transferring land.-Early life:...
real property bill, being afraid that it would have dangerous consequences. Though his opposition was not successful his criticisms had the effect of improving the bill. He was attorney-general in the John Baker ministry which lasted for only 10 days in August 1857, and in 1859 was appointed third judge of the South Australian Supreme Court. In 1867 he became second judge and primary judge in equity. From December 1872 to June 1873 he was acting chief-justice, and in February 1877 received extended leave of absence to visit England. Gwynne was never appointed Chief Justice in spite of his seniority; he retired on a pension on 28 February 1881.
Late life and legacy
In retirement Gwynne grew oranges on a comparatively large scale, and also gave some attention to viticulture; he also bred horses. Gwynne died on 10 June 1888. He married Marian (a daughter of Richard Eales Borrow) who survived him with four sons and four daughters.Gwynne was an important figure during his comparatively short career in parliament. As a lawyer he was a good pleader, and as a judge he was distinguished for his clearness of apprehension, breadth of view, strict impartiality, and excellent knowledge of the law. Sir John Downer
John Downer
Sir John William Downer, KCMG was the Premier of South Australia from 16 June 1885 until 11 June 1887 and again from 1892 to 1893. He was the first of three Australian politicians from the Downer family dynasty.-Early life:...
, who had appeared before him as a young advocate, spoke of him many years later as "a very great judge". Mount Gwynne in the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
was named after Gwynne by John McDouall Stuart
John McDouall Stuart
John McDouall Stuart was one of the most accomplished and famous of all Australia's inland explorers. Stuart led the first successful expedition to traverse the Australian mainland from south to north and return, and the first to do so from a starting point in South Australia, achieving this...
in 1860.