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 or Common Place, 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 Queen's Bench (King's when the monarch was male).
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.[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, 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.[2]
Chief Justices of the Common Pleas
Name | Born/Died | Term as Chief Justice | Reason for termination[3] |
---|---|---|---|
Simon of Pattishall | d. 1217 | 1190–1214 | Died |
Martin of Pattishall | d. 1229 | 1217–1229 | Retired |
Sir Thomas of Moulton | d. 1240 | 1229–1233 | Resigned to travel an Eyre circuit |
William de Raley | d. 1250 | 1233–1234 | Appointed Chief Justice of the King's Bench |
Sir Thomas of Moulton | d. 1240 | 1234–1236 | Retired |
Robert of Lexinton | d. 29 May 1250 | 1236–1244 | Retired |
Henry of Bath | d. November 1260 | 1245–1249 | Stripped of his position after accusations of perverting the course of justice |
Roger of Thirkleby | d. 1260 | 1249–1256 | Replaced |
Henry of Bath | d. November 1260 | 1256–1258 | Retired |
Roger of Thirkleby | d. 1260 | 1258–1260 | Died |
Sir Gilbert of Preston | 1209 – 1274 | 1260–1267 | Resigned to travel an Eyre circuit |
Martin of Littlebury | d. 1274 | 1267–1272 | Replaced |
Sir Gilbert of Preston | 1209–1274 | 1272–1274 | Died |
Roger of Seaton | 1230–1280 | 1274–1278 | Retired |
Sir Thomas Weyland | 1230 – January 1298 | 1278–1289 | Removed from his position and exiled |
Sir Ralph Sandwich | 1235–1308 | 1289–1290 | Resigned |
John of Mettingham | d. 1301 | 1290–1301 | Died |
Ralph de Hengham | 1235 – 18 May 1311 | 1301–1309 | Retired |
Sir William Bereford | d. 1326 | 1309–1326 | Death |
Hervey de Stanton | 1260 – November 1327 | 1326 | Failed to be reappointed by Edward III |
Sir William Herle | 1270–1347 | 1327–1329 | Resigned to travel an Eyre circuit |
Sir John Stonor | 1281–1354 | 1329–1331 | Failed to be reappointed by Edward III |
Sir William Herle | 1270–1347 | 1331–1333 | Resigned to travel an Eyre circuit |
Sir Henry Scrope | d. 7 September 1336 | 1333 | Replaced |
Sir William Herle | 1270–1347 | 1333–1335 | Retired |
Sir John Stonor | 1281–1354 | 1335–1341 | Removed |
Sir Roger Hillary | d. 1356 | 1341–1342 | Replaced |
Sir John Stonor | 1281–1354 | 1342–1354 | Retired |
Sir Roger Hillary | d. 1356 | 1354–1356 | Died |
Sir Robert Thorpe | d. 29 June 1372 | 1356–1371 | Appointed Lord Chancellor |
Sir William Fyncheden | d. 1374 | 1371–1374 | Died |
Sir Robert Bealknap | d. 19 January 1401 | 1374–1388 | Exiled |
Sir Robert Charleton | d. 1395 | 1388–1395 | Died |
William Thirning | d. 1413 | 1396–1413 | Died |
Richard Norton | d. 1420 | 1413–1420 | Died |
Sir William Babington | d. 1454 | 1423–1436 | Retired |
Sir John Juyn | d. 24 March 1440 | 1436–1439 | Died |
John Cottesmore | d. 29 August 1439 | 1439 | Died |
Sir Richard Newton | d. 13 December 1448 | 1439–1448 | Died |
Sir John Prysot | d. 1461 | 1449–1461 | Died |
Sir Robert Danby | d. 1474 | 1461–1471 | Not reappointed by Edward IV |
Sir Thomas Bryan | d. 14 August 1500 | 1471–1500 | Died |
Sir Thomas Wode | d. 31 August 1502 | 1500–1502 | Died |
Sir Thomas Frowyk | 1460 – 7 October 1506 | 1502–1506 | Died |
Sir Robert Rede | d. 7 January 1519 | 1506–1519 | Died |
Sir John Ernley | 1464 – 22 April 1520 | 1519–1520 | Died |
Sir Robert Brudenell | 1461 – 30 January 1531 | 1520–1530 | Retired |
Sir Robert Norwich | d. April 1535 | 1530–1535 | Died |
Sir John Baldwin | d. 24 October 1545 | 1535–1545 | Died |
Sir Edward Montagu | c. 1485 – 10 February 1557 | 1545–1553 | Retired |
Sir Richard Morgan | d. May 1556 | 1553–1554 | Removed after going insane |
Sir Robert Broke | d. 5 September 1558 | 1554–1558 | Died |
Anthony Browne | 1509–1567 | 1558–1559 | Appointed a justice of the Queen's Bench |
Sir James Dyer | 1510–1582 | 1559–1582 | Died |
Sir Edmund Anderson | 1530 – 1 August 1605 | 2 May 1582 – 1 August 1605 | Died |
Sir Francis Gawdy | d. 15 December 1605 | August 1605 – 15 December 1605 | Died |
Sir Edward Coke | 1 February 1552 – 3 September 1634 | 30 June 1606 – 25 October 1613 | Appointed Chief Justice of the King's Bench |
Sir Henry Hobart | c. 1560 – 29 December 1625 | 26 November 1613 – 29 December 1625 | Died |
Sir Thomas Richardson | 3 July 1569 – 4 February 1635 | 22 November 1626 – October 1631 | Appointed Chief Justice of the King's Bench |
Sir Robert Heath | 1575–1649 | October 1631 – 13 September 1634 | Dismissed |
Sir John Finch | 17 September 1584 – 27 November 1660 | 16 October 1634 – 1640 | Appointed Lord Keeper of the Great Seal |
Sir Edward Littleton | 1589 – 27 August 1645 | 27 January 1640 – 18 January 1641 | Appointed Lord Keeper of the Great Seal |
Sir John Bankes | 1589 – 28 December 1644 | 29 January 1641 – 28 December 1644 | Died |
Oliver St John | c. 1598 – 31 December 1673 | 1 October 1648 – 1660 | Excluded from public office following the Restoration |
Sir Orlando Bridgeman | 30 January 1606 – 25 June 1674 | 22 October 1660– May 1668 | Appointed Lord Keeper of the Great Seal |
Sir John Vaughan | 14 September 1603 – 10 December 1674 | 23 May 1668 – 10 December 1674 | Died |
Sir Francis North | 1637–1685 | 23 January 1675 – 20 December 1682 | Appointed Lord Keeper of the Great Seal |
Sir Francis Pemberton | 18 July 1624 – 10 June 1697 | January 1683 – September 1683 | Dismissed |
Sir Thomas Jones | 13 October 1614 – 31 May 1692 | 29 September 1683 – 21 April 1686 | Dismissed |
Sir Henry Bedingfield | 9 December 1632 – 6 February 1687 | 21 April 1686 – 6 February 1687 | Died |
Robert Wright | 1634–1689 | 13 April 1687 – 18 April 1687 | Exchanged with Edward Herbert for the position of Chief Justice of the King's Bench |
Sir Edward Herbert | c. 1648 – November 1698 | 1687–1689 | Dismissed after fleeing to Ireland with James II |
Sir Henry Pollexfen | 1632 – 15 June 1691 | 6 May 1689 – 15 June 1691 | Died |
Sir George Treby | 1643 – 13 December 1700 | 30 April 1692 – 13 December 1700 | Died |
Thomas Trevor, 1st Baron Trevor | 8 March 1658 – 19 June 1730 | 5 July 1701 – 14 October 1714 | Not reappointed by George I |
Peter King, 1st Baron King | c. 1669 – 22 July 1734 | 27 October 1714 – 1 June 1725 | Appointed Lord Chancellor |
Sir Robert Eyre | 1666 – 28 December 1735 | 1725–1735 | Died |
Sir Thomas Reeve | 1673 – 19 January 1737 | 26 January 1736 – 19 January 1737 | Died |
Sir John Willes | 29 November 1685 – 15 December 1761 | 28 January 1737 – 15 December 1761 | Died |
Charles Pratt, 1st Baron Camden | 21 March 1714 – 18 April 1794 | January 1762 – 30 July 1766 | Appointed Lord Chancellor |
Sir John Eardley Wilmot | 16 August 1709 – 5 February 1792 | 20 August 1766 – 26 January 1771 | Resigned |
Sir William de Grey | 7 July 1719 – 9 May 1781 | January 1771 – June 1780 | Resigned |
Alexander Wedderburn | 13 February 1733 – 2 January 1805 | 1780–1793 | Appointed Lord Keeper of the Great Seal |
Sir James Eyre | 1734 – 1 July 1799 | 11 February 1793 – 1 July 1799 | Died |
John Scott, 1st Baron Eldon | 4 June 1751 – 13 January 1838 | 17 July 1799 – 1801 | Appointed Lord Chancellor |
Richard Pepper Arden, 1st Baron Alvanley | 20 May 1744 – 19 March 1804 | 22 May 1801 – 19 March 1804 | Died |
Sir James Mansfield | 1733 – 23 May 1821 | 24 April 1804 – 21 February 1814 | Resigned |
Sir Vicary Gibbs | 27 October 1751 – 1820 | February 1814–November 1818 | Resigned |
Sir Robert Dallas | 16 October 1756 – 25 December 1824 | November 1818–1824 | Retired |
Robert Gifford, 1st Baron Gifford | 24 February 1779 – 4 September 1826 | 9 January 1824 – 5 April 1824 | Appointed Master of the Rolls |
Sir William Best | 13 December 1767 – 3 March 1845 | 15 April 1824 – June 1829 | Retired |
Sir Nicholas Conyngham Tindal | 12 December 1776 – 6 July 1846 | 9 June 1829 – 6 July 1846 | Died |
Sir Thomas Wilde | 7 July 1782–November 1855 | 6 July 1846 – 15 July 1850 | Appointed Lord Chancellor |
Sir John Jervis | 12 January 1802 – 1 November 1856 | 16 July 1850 – 1 November 1856 | Died |
Sir Alexander Cockburn, 12th Baronet | 24 September 1802 – 20 November 1880 | November 1856 – 24 June 1859 | Appointed Chief Justice of England |
Sir William Erle | 1 October 1793 – 28 January 1880 | June 1859 – November 1866 | Retired |
Sir William Bovill | 26 May 1814 – 1 November 1873 | November 1866 –1 November 1873 | Died |
John Coleridge, 1st Baron Coleridge | 3 December 1820 – 14 June 1894 | November 1873 – 20 November 1880 | Court merged with the Court of King's Bench and the Exchequer of Pleas; became the first Lord Chief Justice of a unified King's Bench Division.[2] |
References
- ↑ Kiralfy, p. 121
- 1 2 Lord Mackay of Clashfern (ed.) (2002) Halsbury's Laws of England, 4th ed. Vol.10 (Reissue), "Courts", 603 'Divisions of the High Court'
- ↑ "Oxford DNB theme:Chief Justices of the Common Pleas (subscription needed)". Oxford University Press. 2004. Retrieved 2008-10-21. (subscription required (help)).
Bibliography
- Kiralfy, A.K.R (1962). Potter's Historical Introduction to English Law and Its Institutions. London: Sweet & Maxwell, Ltd.