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Chief Justice of the Common Pleas

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(Redirected fromChief Justice of the Court of Common Pleas)
Archaic position of honour in English common law court
For the similar judicial appointment in Ireland, seeChief Justice of the Irish Common Pleas.

John Coleridge, the last Chief Justice of the Common Pleas

Thechief justice of the common pleas was the head of theCourt of Common Pleas, also known as the Common Bench, which was the second-highestcommon lawcourt in theEnglish legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of theHigh Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials inEngland, behind only thelord high chancellor and theLord Chief Justice of England, who headed theKing's Bench (Queen's when the monarch was female).

History

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Initially, the position of chief justice of the common pleas was not an appointment; of the justices serving in the court, one would become more respected than his peers, and was therefore considered the "chief" justice.

The position was formalised in 1272, with the raising of SirGilbert of Preston to Chief Justice, and from then on, it was a formally-appointed role, similar to the positions of Lord Chief Justice andChief Baron of the Exchequer.[1] When the High Court was created in 1875, each of the three common law courts became separate divisions of it, each headed by the person who had led the respective court before the merger.

When the Lord Chief Justice and Chief Baron died in 1880, the three common law divisions (Queen's Bench, Exchequer, and Common Pleas) were merged, andJohn Coleridge, the Chief Justice of the Common Pleas, became Lord Chief Justice, and the offices of Chief Justice of the Common Pleas and Chief Baron were abolished.[2]

Chief justices of the common pleas

[edit]
PortraitNameTerm as Chief JusticeReason for termination[3]
Simon of Pattishall1190–1214Died
Martin of Pattishall1217–1229Retired
SirThomas Moulton1229–1233Resigned to travel anEyre circuit
William de Raley1233–1234Appointed Chief Justice of the King's Bench
SirThomas Moulton1234–1236Retired
Robert of Lexinton1236–1244Retired
Henry of Bath1245–1249Stripped of his position after accusations ofperverting the course of justice
Roger of Thirkleby1249–1256Replaced
Henry of Bath1256–1258Retired
Roger of Thirkleby1258–1260Died
SirGilbert of Preston1260–1267Resigned to travel anEyre circuit
SirMartin of Littlebury1267–1272Replaced
SirGilbert of Preston1272–1274Died
Roger of Seaton1274–1278Retired
SirThomas Weyland1278–1289Removed from his position and exiled
SirRalph Sandwich1289–1290Resigned
John of Mettingham1290–1301Died
SirRalph de Hengham1301–1309Retired
SirWilliam Bereford1309–1326Died
Hervey de Stanton1326Not reappointed byEdward III
SirWilliam Herle1327–1329Resigned to travel an Eyre circuit
SirJohn Stonor1329–1331Not reappointed byEdward III
SirWilliam Herle1331–1333Resigned to travel an Eyre circuit
SirHenry le Scrope1333Replaced
SirWilliam Herle1333–1335Retired
SirJohn Stonor1335–1341Removed
SirRoger Hillary1341–1342Replaced
SirJohn Stonor1342–1354Retired
SirRoger Hillary1354–1356Died
SirRobert Thorpe1356–1371AppointedLord Chancellor
SirWilliam Fyncheden1371–1374Died
SirRobert Bealknap1374–1388Exiled
SirRobert Charleton1388–1395Died
William Thirning1396–1413Died
Richard Norton1413–1420Died
SirWilliam Babington1423–1436Retired
SirJohn Juyn9 February 143620 January 1439Appointed Chief Justice of the King's Bench
John Cottesmore20 January 143929 August 1439Died
SirRichard Newton17 September 143913 December 1448Died
SirJohn Prysot16 January 14491461Died
SirRobert Danby11 May 14611471Not reappointed byEdward IV
SirThomas Bryan147114 August 1500Died
SirThomas Wode28 October 150031 August 1502Died
SirThomas Frowyk30 September 15027 October 1506Died
SirRobert Rede15067 January 1519Died
SirJohn Ernley27 January 151922 April 1520Died
SirRobert Brudenell23 April 152022 November 1530Retired
SirRobert Norwich22 November 1530April 1535Died
SirJohn Baldwin19 April 153524 October 1545Died
SirEdward Montagu6 November 15451553Retired
SirRichard MorganSeptember 15531554Removed after going insane
SirRobert Broke15546 September 1558Died
SirAnthony Browne5 October 1558January 1559Appointed a justice of the Queen's Bench
SirJames DyerJanuary 155924 March 1582Died
SirEdmund Anderson2 May 15821 August 1605Died
SirFrancis GawdyAugust 160515 December 1605Died
SirEdward Coke30 June 160625 October 1613Appointed Chief Justice of the King's Bench
SirHenry Hobart, Bt26 November 161329 December 1625Died
SirRichard HuttonDecember 1625November 1626Acting Chief Justice
SirThomas Richardson22 November 1626October 1631Appointed Chief Justice of the King's Bench
SirRobert HeathOctober 163113 September 1634Dismissed
SirJohn Finch16 October 16341640AppointedLord Keeper of the Great Seal
SirEdward Littleton27 January 164018 January 1641Appointed Lord Keeper of the Great Seal
SirJohn Bankes29 January 164128 December 1644Died
SirOliver St John1 October 16481660Excluded from public office following the Restoration
SirOrlando Bridgeman, Bt22 October 1660May 1668Appointed Lord Keeper of the Great Seal
SirJohn Vaughan23 May 166810 December 1674Died
SirFrancis North23 January 167520 December 1682Appointed Lord Keeper of the Great Seal
SirFrancis PembertonJanuary 1683September 1683Dismissed
SirThomas Jones29 September 168321 April 1686Dismissed
SirHenry Bedingfield21 April 16866 February 1687Died
SirRobert Wright13 April 168718 April 1687Exchanged with Edward Herbert for the position of Chief Justice of the King's Bench
SirEdward Herbert18 April 16871689Dismissed after fleeing to Ireland withJames II
SirHenry Pollexfen6 May 168915 June 1691Died
SirGeorge Treby30 April 169213 December 1700Died
SirThomas Trevor
(Lord Trevor from 1712)
5 July 170114 October 1714Not reappointed byGeorge I
SirPeter King27 October 17141 June 1725Appointed Lord Chancellor
SirRobert Eyre172528 December 1735Died
SirThomas Reeve26 January 173619 January 1737Died
SirJohn Willes28 January 173715 December 1761Died
SirCharles Pratt
(Lord Camden from 1765)
January 176230 July 1766Appointed Lord Chancellor
SirJohn Eardley Wilmot20 August 176626 January 1771Resigned
SirWilliam de GreyJanuary 1771June 1780Resigned
The Lord LoughboroughJune 178028 January 1793Appointed Lord Keeper of the Great Seal
SirJames Eyre11 February 17931 July 1799Died
The Lord Eldon17 July 17991801Appointed Lord Chancellor
The Lord Alvanley22 May 180119 March 1804Died
SirJames Mansfield24 April 180421 February 1814Resigned
SirVicary GibbsFebruary 1814November 1818Resigned
SirRobert DallasNovember 18181824Retired
The Lord Gifford9 January 18245 April 1824AppointedMaster of the Rolls
SirWilliam Best15 April 1824June 1829Retired
SirNicholas Conyngham Tindal9 June 18296 July 1846Died
SirThomas Wilde6 July 184615 July 1850Appointed Lord Chancellor
SirJohn Jervis16 July 18501 November 1856Died
SirAlexander Cockburn, BtNovember 185624 June 1859AppointedChief Justice of the Queen's Bench
SirWilliam ErleJune 1859November 1866Retired
SirWilliam BovillNovember 18661 November 1873Died
SirJohn Coleridge
(Lord Coleridge from 1874)
November 187320 November 1880Court merged with theCourt of Queen's Bench and theExchequer of Pleas; became the first Lord Chief Justice of a unified Queen's Bench Division.[2]

Peerages created for the lord chief justice of the common pleas

[edit]
Since theAct of Union 1707
Lord Chief JusticeTitleCreatedCurrent statusOther judicial roles
SirThomas TrevorBaron TrevorExtinct 9 September 1824None
SirPeter KingBaron KingExtinct 31 January 2018Lord High Chancellor of Great Britain
SirCharles PrattEarl CamdenExtantLord High Chancellor of Great Britain
Baron Camden
SirWilliam de GreyBaron WalsinghamExtantNone
SirAlexander WedderburnEarl of RosslynExtantLord High Chancellor of Great Britain
Baron LoughboroughExtant
Baron LoughboroughExtinct 2 January 1805
SirJohn ScottEarl of EldonExtantLord High Chancellor of Great Britain
Baron Eldon
SirRichard ArdenBaron AlvanleyExtinct 24 June 1857Master of the Rolls
SirRobert GiffordBaron GiffordExtantMaster of the Rolls
SirWilliam BestBaron WynfordExtantNone
SirThomas WildeBaron TruroExtinct 8 March 1899Lord High Chancellor of Great Britain
SirJohn ColeridgeBaron ColeridgeExtantLord Chief Justice of England

Legacy

[edit]

AWetherspoon pub inKeswick, Cumbria is named "The Chief Justice of the Common Pleas", this is due to the current building constructed in 1901 been built on land which was formally the site of a ‘workhouse’ - founded in the will (dated 1642) of SirJohn Bankes. The current building which housed the towns magistrates’ court and police station until the year 2000, was built next to the towns main post office itself constructed ten years earlier around 1890.[4]

References

[edit]
  1. ^Kiralfy, p. 121
  2. ^abLord Mackay of Clashfern (ed.) (2002)Halsbury's Laws of England, 4th ed. Vol.10 (Reissue), "Courts",603 'Divisions of the High Court'
  3. ^"Oxford DNB theme:Chief Justices of the Common Pleas (subscription needed)".Oxford Dictionary of National Biography (online ed.). Oxford University Press. 2004.doi:10.1093/ref:odnb/93045. Retrieved21 October 2008. (Subscription,Wikipedia Library access orUK public library membership required.)
  4. ^"The Chief Justice Of The Common Pleas".The Chief Justice Of The Common Pleas Wetherspoons. Wetherspoons.Archived from the original on 23 December 2022. Retrieved23 December 2022.

Bibliography

[edit]
  • Kiralfy, A. K. R. (1962).Potter's Historical Introduction to English Law and Its Institutions. London: Sweet & Maxwell, Ltd.
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