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Chief Justice of the Common Pleas

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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

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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 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

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Portrait Name Term as Chief Justice Reason for termination[3]
Simon of Pattishall 1190–1214 Died
Martin of Pattishall 1217–1229 Retired
Sir Thomas Moulton 1229–1233 Resigned to travel an Eyre circuit
William de Raley 1233–1234 Appointed Chief Justice of the King's Bench
Sir Thomas Moulton 1234–1236 Retired
Robert of Lexinton 1236–1244 Retired
Henry of Bath 1245–1249 Stripped of his position after accusations of perverting the course of justice
Roger of Thirkleby 1249–1256 Replaced
Henry of Bath 1256–1258 Retired
Roger of Thirkleby 1258–1260 Died
Sir Gilbert of Preston 1260–1267 Resigned to travel an Eyre circuit
Sir Martin of Littlebury 1267–1272 Replaced
Sir Gilbert of Preston 1272–1274 Died
Roger of Seaton 1274–1278 Retired
Sir Thomas Weyland 1278–1289 Removed from his position and exiled
Sir Ralph Sandwich 1289–1290 Resigned
John of Mettingham 1290–1301 Died
Sir Ralph de Hengham 1301–1309 Retired
Sir William Bereford 1309–1326 Died
Hervey de Stanton 1326 Not reappointed by Edward III
Sir William Herle 1327–1329 Resigned to travel an Eyre circuit
Sir John Stonor 1329–1331 Not reappointed by Edward III
Sir William Herle 1331–1333 Resigned to travel an Eyre circuit
Sir Henry le Scrope 1333 Replaced
Sir William Herle 1333–1335 Retired
Sir John Stonor 1335–1341 Removed
Sir Roger Hillary 1341–1342 Replaced
Sir John Stonor 1342–1354 Retired
Sir Roger Hillary 1354–1356 Died
Sir Robert Thorpe 1356–1371 Appointed Lord Chancellor
Sir William Fyncheden 1371–1374 Died
Sir Robert Bealknap 1374–1388 Exiled
Sir Robert Charleton 1388–1395 Died
William Thirning 1396–1413 Died
Richard Norton 1413–1420 Died
Sir William Babington 1423–1436 Retired
Sir John Juyn 9 February 1436 20 January 1439 Appointed Chief Justice of the King's Bench
John Cottesmore 20 January 1439 29 August 1439 Died
Sir Richard Newton 17 September 1439 13 December 1448 Died
Sir John Prysot 16 January 1449 1461 Died
Sir Robert Danby 11 May 1461 1471 Not reappointed by Edward IV
Sir Thomas Bryan 1471 14 August 1500 Died
Sir Thomas Wode 28 October 1500 31 August 1502 Died
Sir Thomas Frowyk 30 September 1502 7 October 1506 Died
Sir Robert Rede 1506 7 January 1519 Died
Sir John Ernley 27 January 1519 22 April 1520 Died
Sir Robert Brudenell 23 April 1520 22 November 1530 Retired
Sir Robert Norwich 22 November 1530 April 1535 Died
Sir John Baldwin 19 April 1535 24 October 1545 Died
Sir Edward Montagu 6 November 1545 1553 Retired
Sir Richard Morgan September 1553 1554 Removed after going insane
Sir Robert Broke 1554 6 September 1558 Died
Sir Anthony Browne 5 October 1558 January 1559 Appointed a justice of the Queen's Bench
Sir James Dyer January 1559 24 March 1582 Died
Sir Edmund Anderson 2 May 1582 1 August 1605 Died
Sir Francis Gawdy August 1605 15 December 1605 Died
Sir Edward Coke 30 June 1606 25 October 1613 Appointed Chief Justice of the King's Bench
Sir Henry Hobart, Bt 26 November 1613 29 December 1625 Died
Sir Richard Hutton December 1625 November 1626 Acting Chief Justice
Sir Thomas Richardson 22 November 1626 October 1631 Appointed Chief Justice of the King's Bench
Sir Robert Heath October 1631 13 September 1634 Dismissed
Sir John Finch 16 October 1634 1640 Appointed Lord Keeper of the Great Seal
Sir Edward Littleton 27 January 1640 18 January 1641 Appointed Lord Keeper of the Great Seal
Sir John Bankes 29 January 1641 28 December 1644 Died
Sir Oliver St John 1 October 1648 1660 Excluded from public office following the Restoration
Sir Orlando Bridgeman, Bt 22 October 1660 May 1668 Appointed Lord Keeper of the Great Seal
Sir John Vaughan 23 May 1668 10 December 1674 Died
Sir Francis North 23 January 1675 20 December 1682 Appointed Lord Keeper of the Great Seal
Sir Francis Pemberton January 1683 September 1683 Dismissed
Sir Thomas Jones 29 September 1683 21 April 1686 Dismissed
Sir Henry Bedingfield 21 April 1686 6 February 1687 Died
Sir Robert Wright 13 April 1687 18 April 1687 Exchanged with Edward Herbert for the position of Chief Justice of the King's Bench
Sir Edward Herbert 18 April 1687 1689 Dismissed after fleeing to Ireland with James II
Sir Henry Pollexfen 6 May 1689 15 June 1691 Died
Sir George Treby 30 April 1692 13 December 1700 Died
Sir Thomas Trevor
(Lord Trevor from 1712)
5 July 1701 14 October 1714 Not reappointed by George I
Sir Peter King 27 October 1714 1 June 1725 Appointed Lord Chancellor
Sir Robert Eyre 1725 28 December 1735 Died
Sir Thomas Reeve 26 January 1736 19 January 1737 Died
Sir John Willes 28 January 1737 15 December 1761 Died
Sir Charles Pratt
(Lord Camden from 1765)
January 1762 30 July 1766 Appointed Lord Chancellor
Sir John Eardley Wilmot 20 August 1766 26 January 1771 Resigned
Sir William de Grey January 1771 June 1780 Resigned
The Lord Loughborough June 1780 28 January 1793 Appointed Lord Keeper of the Great Seal
Sir James Eyre 11 February 1793 1 July 1799 Died
The Lord Eldon 17 July 1799 1801 Appointed Lord Chancellor
The Lord Alvanley 22 May 1801 19 March 1804 Died
Sir James Mansfield 24 April 1804 21 February 1814 Resigned
Sir Vicary Gibbs February 1814 November 1818 Resigned
Sir Robert Dallas November 1818 1824 Retired
The Lord Gifford 9 January 1824 5 April 1824 Appointed Master of the Rolls
Sir William Best 15 April 1824 June 1829 Retired
Sir Nicholas Conyngham Tindal 9 June 1829 6 July 1846 Died
Sir Thomas Wilde 6 July 1846 15 July 1850 Appointed Lord Chancellor
Sir John Jervis 16 July 1850 1 November 1856 Died
Sir Alexander Cockburn, Bt November 1856 24 June 1859 Appointed Chief Justice of the Queen's Bench
Sir William Erle June 1859 November 1866 Retired
Sir William Bovill November 1866 1 November 1873 Died
Sir John Coleridge
(Lord Coleridge from 1874)
November 1873 20 November 1880 Court merged with the Court of Queen's Bench and the Exchequer 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

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Since the Act of Union 1707
Lord Chief Justice Title Created Current status Other Judicial Roles
Sir Thomas Trevor Baron Trevor Extinct 9 September 1824 None
Sir Peter King Baron King Extinct 31 January 2018 Lord High Chancellor of Great Britain
Sir Charles Pratt Earl Camden Extant Lord High Chancellor of Great Britain
Baron Camden
Sir William de Grey Baron Walsingham Extant None
Sir Alexander Wedderburn Earl of Rosslyn Extant Lord High Chancellor of Great Britain
Baron Loughborough Extant
Baron Loughborough Extinct 2 January 1805
Sir John Scott Earl of Eldon Extant Lord High Chancellor of Great Britain
Baron Eldon
Sir Richard Arden Baron Alvanley Extinct 24 June 1857 Master of the Rolls
Sir Robert Gifford Baron Gifford Extant Master of the Rolls
Sir William Best Baron Wynford Extant None
Sir Thomas Wilde Baron Truro Extinct 8 March 1899 Lord High Chancellor of Great Britain
Sir John Coleridge Baron Coleridge Extant Lord Chief Justice of England

Legacy

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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. [4]

References

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  1. ^ Kiralfy, p. 121
  2. ^ a b Lord 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. Retrieved 21 October 2008. (Subscription or UK 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. Retrieved 23 December 2022.

Bibliography

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