Chief Justice of the Common Pleas explained

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.[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

Portraitwidth=25%NameTerm as Chief JusticeReason for termination[3]
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 1436 20 January 1439Appointed Chief Justice of the King's Bench
John Cottesmore20 January 1439 29 August 1439Died
Sir Richard Newton17 September 1439 13 December 1448Died
Sir John Prysot16 January 1449 1461Died
Sir Robert Danby11 May 1461 1471Not reappointed by Edward IV
Sir Thomas Bryan1471 14 August 1500Died
Sir Thomas Wode28 October 1500 31 August 1502Died
Sir Thomas Frowyk30 September 1502 7 October 1506Died
Sir Robert Rede1506 7 January 1519Died
Sir John Ernley27 January 1519 22 April 1520Died
Sir Robert Brudenell23 April 1520 22 November 1530Retired
Sir Robert Norwich22 November 1530 April 1535Died
Sir John Baldwin19 April 1535 24 October 1545Died
Sir Edward Montagu6 November 1545 1553Retired
Sir Richard MorganSeptember 1553 1554Removed after going insane
Sir Robert Broke1554 6 September 1558Died
Sir Anthony Browne5 October 1558 January 1559Appointed a justice of the Queen's Bench
Sir James DyerJanuary 1559 24 March 1582Died
Sir Edmund Anderson2 May 1582 1 August 1605Died
Sir Francis GawdyAugust 1605 15 December 1605Died
Sir Edward Coke30 June 1606 25 October 1613Appointed Chief Justice of the King's Bench
Sir Henry Hobart, Bt26 November 1613 29 December 1625Died
Sir Richard HuttonDecember 1625 November 1626Acting Chief Justice
Sir Thomas Richardson22 November 1626 October 1631Appointed Chief Justice of the King's Bench
Sir Robert HeathOctober 1631 13 September 1634Dismissed
Sir John Finch16 October 1634 1640Appointed Lord Keeper of the Great Seal
Sir Edward Littleton27 January 1640 18 January 1641Appointed Lord Keeper of the Great Seal
Sir John Bankes29 January 1641 28 December 1644Died
Sir Oliver St John1 October 1648 1660Excluded from public office following the Restoration
Sir Orlando Bridgeman, Bt22 October 1660 May 1668Appointed Lord Keeper of the Great Seal
Sir John Vaughan23 May 1668 10 December 1674Died
Sir Francis North23 January 1675 20 December 1682Appointed Lord Keeper of the Great Seal
Sir Francis PembertonJanuary 1683 September 1683Dismissed
Sir Thomas Jones29 September 1683 21 April 1686Dismissed
Sir Henry Bedingfield21 April 1686 6 February 1687Died
Sir Robert Wright13 April 1687 18 April 1687Exchanged with Edward Herbert for the position of Chief Justice of the King's Bench
Sir Edward Herbert18 April 1687 1689Dismissed after fleeing to Ireland with James II
Sir Henry Pollexfen6 May 1689 15 June 1691Died
Sir George Treby30 April 1692 13 December 1700Died
Sir Thomas Trevor
(Lord Trevor from 1712)
5 July 1701 14 October 1714Not reappointed by George I
Sir Peter King27 October 1714 1 June 1725Appointed Lord Chancellor
Sir Robert Eyre1725 28 December 1735Died
Sir Thomas Reeve26 January 1736 19 January 1737Died
Sir John Willes28 January 1737 15 December 1761Died
Sir Charles Pratt
(Lord Camden from 1765)
January 1762 30 July 1766Appointed Lord Chancellor
Sir John Eardley Wilmot20 August 1766 26 January 1771Resigned
Sir William de GreyJanuary 1771 June 1780Resigned
The Lord LoughboroughJune 1780 28 January 1793Appointed Lord Keeper of the Great Seal
Sir James Eyre11 February 1793 1 July 1799Died
The Lord Eldon17 July 1799 1801Appointed Lord Chancellor
The Lord Alvanley22 May 1801 19 March 1804Died
Sir James Mansfield24 April 1804 21 February 1814Resigned
Sir Vicary GibbsFebruary 1814 November 1818Resigned
Sir Robert DallasNovember 1818 1824Retired
The Lord Gifford9 January 1824 5 April 1824Appointed Master of the Rolls
Sir William Best15 April 1824 June 1829Retired
Sir Nicholas Conyngham Tindal9 June 1829 6 July 1846Died
Sir Thomas Wilde6 July 1846 15 July 1850Appointed Lord Chancellor
Sir John Jervis16 July 1850 1 November 1856Died
Sir Alexander Cockburn, BtNovember 1856 24 June 1859Appointed Chief Justice of the Queen's Bench
Sir William ErleJune 1859 November 1866Retired
Sir William BovillNovember 1866 1 November 1873Died
Sir John Coleridge
(Lord Coleridge from 1874)
November 1873 20 November 1880Court 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.

Peerages created for the Lord Chief Justice of the Common Pleas

Since the Act of Union 1707
Lord Chief Justice Title Created Current status Other Judicial Roles
Sir Thomas TrevorBaron TrevorExtinct 9 September 1824None
Sir Peter KingBaron KingExtinct 31 January 2018Lord High Chancellor of Great Britain
Sir Charles PrattEarl CamdenExtantLord High Chancellor of Great Britain
Baron Camden
Sir William de GreyBaron WalsinghamExtantNone
Sir Alexander WedderburnEarl of RosslynExtantLord High Chancellor of Great Britain
Baron LoughboroughExtant
Baron LoughboroughExtinct 2 January 1805
Sir John ScottEarl of EldonExtantLord High Chancellor of Great Britain
Baron Eldon
Sir Richard ArdenBaron AlvanleyExtinct 24 June 1857Master of the Rolls
Sir Robert GiffordBaron GiffordExtantMaster of the Rolls
Sir William BestBaron WynfordExtantNone
Sir Thomas WildeBaron TruroExtinct 8 March 1899Lord High Chancellor of Great Britain
Sir John ColeridgeBaron ColeridgeExtantLord Chief Justice of England

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.[4]

Bibliography

Notes and References

  1. Kiralfy, p. 121
  2. [James Mackay, Baron Mackay of Clashfern|Lord Mackay of Clashfern]
  3. Oxford DNB theme:Chief Justices of the Common Pleas (subscription needed). 2004. 10.1093/ref:odnb/93045. 2008-10-21 . subscription .
  4. Web site: The Chief Justice Of The Common Pleas . The Chief Justice Of The Common Pleas Wetherspoons . Wetherspoons . 23 December 2022 . 23 December 2022 . https://web.archive.org/web/20221223224230/https://www.jdwetherspoon.com/pub-histories/england/cumbria/the-chief-justice-of-the-common-pleas-keswick . live .