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Chief Justice of the Common Pleas

Archaic position of honour in English common law court

Chief Justice of the Common Pleas

Archaic position of honour in English common law court

John Coleridge, the last Chief Justice of the Common Pleas

The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the lord high chancellor and the Lord Chief Justice of England, who headed the King's Bench (Queen's when the monarch was female).

History

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 Sir Gilbert of Preston to Chief Justice, and from then on, it was a formally-appointed role, similar to the positions of Lord Chief Justice and Chief Baron of the Exchequer. 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, and John 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.

Chief justices of the common pleas

Image:Edward Coke LCJ.jpg|Sir Edward Coke, a famed jurist whose judgements included seminal cases in corporate and competition law and the creation of judicial review Image:Orlando Bridgeman by John Riley.jpg|Sir Orlando Bridgeman, who tried the Regicides of Charles I Image:Sir Nicholas Conyngham Tindal by John Lucas.jpg|Sir Nicholas Conyngham Tindal, who successfully defended Queen Caroline on charges of adultery in 1820 Image:Sir Alexander Cockburn LCJ by GF Watts.jpg|Sir Alexander Cockburn, who was repeatedly refused a peerage on the grounds of "notoriously bad moral character"

PortraitNameTerm as Chief JusticeReason for termination
Simon of Pattishall1190–1214Died
Martin of Pattishall1217–1229Retired
Sir Thomas Moulton1229–1233Resigned to travel an Eyre circuit
William de Raley1233–1234Appointed Chief Justice of the King's Bench
Sir Thomas Moulton1234–1236Retired
Robert of Lexinton1236–1244Retired
Henry of Bath1245–1249Stripped of his position after accusations of perverting the course of justice
Roger of Thirkleby1249–1256Replaced
Henry of Bath1256–1258Retired
Roger of Thirkleby1258–1260Died
Sir Gilbert of Preston1260–1267Resigned to travel an Eyre circuit
Sir Martin of Littlebury1267–1272Replaced
Sir Gilbert of Preston1272–1274Died
Roger of Seaton1274–1278Retired
Sir Thomas Weyland1278–1289Removed from his position and exiled
Sir Ralph Sandwich1289–1290Resigned
John of Mettingham1290–1301Died
Sir Ralph de Hengham1301–1309Retired
Sir William Bereford1309–1326Died
Hervey de Stanton1326Not reappointed by Edward III
Sir William Herle1327–1329Resigned to travel an Eyre circuit
Sir John Stonor1329–1331Not reappointed by Edward III
Sir William Herle1331–1333Resigned to travel an Eyre circuit
Sir Henry le Scrope1333Replaced
Sir William Herle1333–1335Retired
Sir John Stonor1335–1341Removed
Sir Roger Hillary1341–1342Replaced
Sir John Stonor1342–1354Retired
Sir Roger Hillary1354–1356Died
Sir Robert Thorpe1356–1371Appointed Lord Chancellor
Sir William Fyncheden1371–1374Died
Sir Robert Bealknap1374–1388Exiled
Sir Robert Charleton1388–1395Died
William Thirning1396–1413Died
Richard Norton1413–1420Died
Sir William Babington1423–1436Retired
Sir John Juyn9 February 143620 January 1439
John Cottesmore20 January 143929 August 1439†
Sir Richard Newton17 September 143913 December 1448†
Sir John Prysot16 January 14491461†
Sir Robert Danby11 May 14611471
Sir Thomas Bryan147114 August 1500†
Sir Thomas Wode28 October 150031 August 1502†
Sir Thomas Frowyk30 September 15027 October 1506†
Sir Robert Rede15067 January 1519†
Sir John Ernley27 January 151922 April 1520†
Sir Robert Brudenell23 April 152022 November 1530
Sir Robert Norwich22 November 1530April 1535†
Sir John Baldwin19 April 153524 October 1545†
[[Image:SirEdwardMontagu.jpg75px]]Sir Edward Montagu6 November 15451553
Sir Richard MorganSeptember 15531554
[[Image:Sir Robert Broke.jpg75px]]Sir Robert Broke15546 September 1558†
Sir Anthony Browne5 October 1558January 1559
[[Image:Sir James Dyer from NPG.jpg75px]]Sir James DyerJanuary 155924 March 1582†
[[Image:Sir Edmund Anderson from NPG.jpg75px]]Sir Edmund Anderson2 May 15821 August 1605†
Sir Francis GawdyAugust 160515 December 1605†
[[Image:Edward Coke LCJ.jpg75px]]Sir Edward Coke30 June 160625 October 1613
[[Image:Chief Justice Sir Henry Hobart (d.1625), 1st Baronet.jpeg75px]]Sir Henry Hobart, Bt26 November 161329 December 1625†
[[Image:Hutton_pic.JPG75px]]Sir Richard HuttonDecember 1625November 1626
[[Image:Portrait supposedly of Sir Thomas Richardson (d.1635), Lord Chief Justice, but wrong heraldry 2.jpg75px]]Sir Thomas Richardson22 November 1626October 1631
[[Image:Sir Robert Heath LCJ.jpg75px]]Sir Robert HeathOctober 163113 September 1634
[[File:John Lord Finch after Cornelius Johnson.jpg75px]]Sir John Finch16 October 16341640
[[Image:Edward Littleton, Baron Littleton by Sir Anthony Van Dyck.jpg75px]]Sir Edward Littleton27 January 164018 January 1641
[[Image:Gilbert Jackson (active 1615-1645) - Sir John Bankes (1589–1644), MP - 1257051 - National Trust.jpg75px]]Sir John Bankes29 January 164128 December 1644†
[[Image:OliverStJohn cropped.jpg75px]]Sir Oliver St John1 October 16481660
[[Image:Orlando Bridgeman by John Riley.jpg75px]]Sir Orlando Bridgeman, Bt22 October 1660May 1668
[[Image:Sir John Vaughan.jpg75px]]Sir John Vaughan23 May 166810 December 1674†
[[Image:Lord Guilford CJ by John Riley.jpg75px]]Sir Francis North23 January 167520 December 1682
[[Image:Sir Francis Pemberton(1624-1697).jpg75px]]Sir Francis PembertonJanuary 1683September 1683
[[Image:Sir Thomas Jones CJ.jpg75px]]Sir Thomas Jones29 September 168321 April 1686
[[Image:Sir Henry Bedingfield by Robert White.jpg75px]]Sir Henry Bedingfield21 April 16866 February 1687†
[[Image:SirRobertWright.jpg75px]]Sir Robert Wright13 April 168718 April 1687
Sir Edward Herbert18 April 16871689
[[Image:Henry Pollexfen.jpg75px]]Sir Henry Pollexfen6 May 168915 June 1691†
[[Image:SirGeorgeTrebyJudge.jpg75px]]Sir George Treby30 April 169213 December 1700†
[[Image:1stBaronTrevor.jpg75px]]Sir Thomas Trevor
(Lord Trevor from 1712)5 July 170114 October 1714
[[Image:Peter King, 1st Baron King of Ockham by Daniel De Coning.jpg75px]]Sir Peter King27 October 17141 June 1725
[[Image:Sir Robert Eyre by John Riley.jpg75px]]Sir Robert Eyre172528 December 1735†
[[Image:Amigoni - Portrait of Sir Thomas Reeve.jpg75px]]Sir Thomas Reeve26 January 173619 January 1737†
[[Image:Sir John Willes by Thomas Hudson.jpg75px]]Sir John Willes28 January 173715 December 1761†
[[Image:Charles Pratt, 1st Earl Camden by Sir Joshua Reynolds.jpg75px]]Sir Charles Pratt
(Lord Camden from 1765)January 176230 July 1766
[[Image:Sir John Eardley Wilmot by George Dance Yr.jpg75px]]Sir John Eardley Wilmot20 August 176626 January 1771
Sir William de GreyJanuary 1771June 1780
[[Image:Lord Loughborough by Mather Brown.jpg75px]]The Lord LoughboroughJune 178028 January 1793
[[Image:SirJamesEyre.jpg75px]]Sir James Eyre11 February 17931 July 1799†
[[Image:John Scott Lord High Chancellor of England 1801–1806 by William Cowen.jpg75px]]The Lord Eldon17 July 17991801
[[Image:1stLordAlvanley.jpg75px]]The Lord Alvanley22 May 180119 March 1804†
[[Image:Sir James Mansfield CJ.jpg75px]]Sir James Mansfield24 April 180421 February 1814
[[Image:Vicary Gibbs NPG.jpg75px]]Sir Vicary GibbsFebruary 1814November 1818
Sir Robert DallasNovember 18181824
[[Image:RobertGifford.jpg75px]]The Lord Gifford9 January 18245 April 1824
[[Image:1stLordWynford.jpg75px]]Sir William Best15 April 1824June 1829
[[Image:Sir Nicholas Conyngham Tindal by John Lucas.jpg75px]]Sir Nicholas Conyngham Tindal9 June 18296 July 1846†
[[Image:Thomas Wilde, 1st Baron Truro by Thomas Youngman Gooderson.jpg75px]]Sir Thomas Wilde6 July 184615 July 1850
[[Image:Sir John Jervis (1857) engraved by George Salisbury Shury (cropped).jpg75px]]Sir John Jervis16 July 18501 November 1856†
[[Image:Sir Alexander Cockburn LCJ by GF Watts.jpg75px]]Sir Alexander Cockburn, BtNovember 185624 June 1859
[[Image:William Erle by Francis Grant.jpg75px]]Sir William ErleJune 1859November 1866
[[Image:WilliamBovill1872.jpg75px]]Sir William BovillNovember 18661 November 1873†
[[Image:Lord Coleridge LCJ by EU Eddis.JPG75px]]Sir John Coleridge
(Lord Coleridge from 1874)November 187320 November 1880

Peerages created for the lord chief justice of the common pleas

Lord Chief JusticeTitleCreatedCurrent statusOther judicial roles
Sir Thomas TrevorBaron TrevorExtinct 9 September 1824
Sir Peter KingBaron KingExtinct 31 January 2018
Sir Charles PrattEarl CamdenExtant
Baron Camden
Sir William de GreyBaron WalsinghamExtant
Sir Alexander WedderburnEarl of RosslynExtant
Baron LoughboroughExtant
Baron LoughboroughExtinct 2 January 1805
Sir John ScottEarl of EldonExtant
Baron Eldon
Sir Richard ArdenBaron AlvanleyExtinct 24 June 1857
Sir Robert GiffordBaron GiffordExtant
Sir William BestBaron WynfordExtant
Sir Thomas WildeBaron TruroExtinct 8 March 1899
Sir John ColeridgeBaron ColeridgeExtant

Legacy

A Wetherspoon pub in Keswick, 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 Sir John 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.

References

Bibliography

References

  1. Kiralfy, p. 121
  2. [[James Mackay, Baron Mackay of Clashfern. Lord Mackay of Clashfern]] (ed.) (2002) ''Halsbury's Laws of England'', 4th ed. Vol.10 (Reissue), "Courts", '''603''' 'Divisions of the High Court'
  3. (2004). "Oxford DNB theme:Chief Justices of the Common Pleas (subscription needed)".
  4. "The Chief Justice Of The Common Pleas". Wetherspoons.
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