Justice of the King's Bench, or Justice of the Queen's Bench during the reign of a female monarch, was a puisne judicial position within the Court of King's Bench, under the Chief Justice. The King's Bench was a court of common law which modern academics argue was founded independently in 1234, having previously been part of the curia regis.[1] The court became a key part of the Westminster courts, along with the Exchequer of Pleas (qualified to hear cases involving revenue owed to the King) and the Court of Common Pleas (qualified to hear cases between subject and subject); the latter was deliberately stripped of its jurisdiction by the King's Bench and Exchequer, through the Bill of Middlesex and Writ of Quominus respectively. As a result, the courts jockeyed for power. In 1828 Henry Brougham, a Member of Parliament, complained in Parliament that as long as there were three courts unevenness was inevitable, saying that "It is not in the power of the courts, even if all were monopolies and other restrictions done away, to distribute business equally, as long as suitors are left free to choose their own tribunal", and that there would always be a favourite court, which would therefore attract the best lawyers and judges and entrench its position.[2] The outcome was the Supreme Court of Judicature Act 1873, under which all the central courts were made part of a single Supreme Court of Judicature. Eventually the government created a High Court of Justice under Lord Coleridge by an Order in Council of 16 December 1880. At this point, the King's Bench formally ceased to exist.[3]
The number of Justices at any one time varied; until 1348 it fluctuated between two and four, while between 1349 and 1391 there was only one. The number continued to change, but after 1522 was (in principle) fixed at three. Acts of Parliament in 1830 and 1868 provided funding for a fourth and fifth Justice respectively.[4] Salaries were first established in 1278, with one Justice receiving 50 marks a year and the others 40. From 1307 all received 40, with additional pay increases resulting in each being paid £100 by 1389. Salaries of £1,000 a year were provided from 1645, increasing to £1,500 in 1714, £2,000 in 1759, £3,000 in 1799 and (after variations) the salary settled at £5,000 in 1828. In 1799 pension provisions were first made, starting at £2,000 a year and peaking at £3,500 in 1825.
Name | Born/Died | Active service | Reason for termination | Notes |
---|---|---|---|---|
d. 1277/8 | 1272–1274 | Became a Justice of the Common Pleas | [5] [6] | |
d. 1290 | 1273–1274 1278 1290 | [7] [8] | ||
1273–1278 | Became a Justice of the Common Pleas | |||
1278 1288–1290 | Became justice of an eyre circuit Convicted of judicial misconduct | [9] | ||
1235–1295/6 | 1274–1278 | Became senior justice of a court in Wales | [10] | |
1276–1289 | ||||
1285–1287 | ||||
c. 1225–1292 | 1288–1290 | Convicted of judicial misconduct | [11] | |
c. 1245–1295 | 1290 | Became Chief Justice of the King's Bench | [12] | |
c. 1247–1317 | 1290–1295 | Became Chief Justice of the King's Bench | [13] | |
d.1294 | 1290–1294 | Died | [14] | |
1294–1230 | ||||
c. 1260–1321 | 1296 – 10 March 1316 | Became a Justice of the Common Pleas | [15] [16] | |
d. 1317 | 1296–1303 | Became an Assize justice | [17] | |
c. 1261–1328 | 1301–1323 | Retired | [18] | |
6 August 1316 – 6 August 1320 | Became a Baron of the Exchequer | |||
d. 1331/2 | 6 August 1320 – 1 May 1329 | Became Chief Justice of the King's Bench | [19] | |
c. 1281 – August 1354 | 1323 – 3 May 1324 | Became a Justice of the Common Pleas | [20] | |
3 May 1324 – 1326 6 March 1327 – 1328 | Became a Justice of the Common Pleas | |||
d.1329/30 | 9 March 1327 – 1329 | Became an Assize justice | [21] | |
d. 5 March 1344 | 11 September 1329 – 29 January 1332 | Became a Justice of the Common Pleas | [22] | |
c. 1271 – c. 1350 | 30 December 1329 – 1330 | Became an Assize justice | [23] [24] | |
c. 1290 – 14 March 1362 | 22 December 1330 – 28 March 1332 | Became Chief Justice of the Common Pleas | [25] | |
22 December 1330 – 1331 | Became Chief Justice of the Justiciar's Court in Ireland | [26] | ||
18 January 1331 – 1333 | ||||
d. 1336 | 28 January 1332 – 1335 | |||
d. 1350 | 1332–1334 | [27] [28] | ||
1289/90–1369 | 20 March 1334 – 14 May 1334 22 October 1344 – 10 November 1345 | Became a Justice of the Common Pleas Became a Justice of the Common Pleas | [29] | |
c. 1348 | 24 September 1334 – 1344 | Became Chief Justice of the Common Pleas in Ireland | [30] | |
1338 | ||||
1338 | ||||
d. 1352/6 | 2 May 1339 – 8 January 1341 | Became Chief Justice of the Common Pleas | [31] [32] | |
d. c. 1350 | 8 January 1341 – 1348 | Became an Assize justice | [33] | |
d. 1356/7 | 28 October 1341 – 1353 | Retired | [34] | |
1342 | ||||
d. 27 May 1361 | 1345 – 16 November 1346 | Became Chief Justice of the King's Bench | [35] | |
d. 1359/60 | 1354–1355 5 July 1357 | Became a Justice of the Common Pleas | [36] | |
c. 1365 | 12 October 1355 – 10 July 1361 | Became Chief Justice of the King's Bench for Ireland | ||
25 June 1361 – 1377 | ||||
d. 19 February 1388 | 6 May 1378 – 22 June 1381 | [37] | ||
d. 1387 | 26 February 1383 – 1386 | |||
25 October 1387 | ||||
d. 1408 | 20 May 1389 – 1407 | |||
d. 3 July 1415 | 20 May 1389 30 May 1394 - 1414 | Retired | ||
d. 6 January 1428 | 4 May 1408 – 6 January 1428 | Died | ||
d. 30 April 1423 | 16 June 1415 – 1422 | |||
d. 1443 | 16 June 1415 – 21 January 1424 | Became Chief Justice of the King's Bench | ||
23 January 1424 - 1434 | [38] | |||
d. 25 December 1448 | 6 February 1426 – 21 February 1445 | Retired | ||
d. 1 January 1455 | 3 July 1434 – 1 January 1455 | Died | ||
d. 27 March 1476 | 1 July 1443 – 6 April 1471 | |||
6 February 1444 – 13 May 1461 | Became Chief Justice of the King's Bench | |||
22 May 1476 | 5 May 1445 – 6 April 1471 | |||
d. 1460 | 3 July 1453 – 18 March 1460 | |||
d. 5 May 1481 | 9 August 1464 – 23 January 1469 | Became Chief Justice of the King's Bench | ||
d. 6 October 1475 | 4 June 1465 – 6 October 1475 | Died | ||
18 April 1469 – 17 June 1471 | Became a Justice of the Common Pleas | |||
d. 25 April 1480 | 17 June 1471 – 25 April 1480 | Died | [39] | |
d. 3/4 May 1477 | 29 April 1475 – 3/4 May 1477 | Died | ||
d. 1495 | 8 October 1477 – 1495 | Died | ||
d. 22/23 December 1483 | 14 May 1481 – 22/23 December 1483 | Died | ||
d. 14 March 1488 | 22 October 1484 – 14 March 1488 | Died | ||
d. 10 September 1508 | 16 June 1488 – 10 September 1508 | Died | ||
d. 7/8 January 1519 | 24 November 1495 – 26 November 1506 | Became Chief Justice of the Common Pleas | ||
1461 – 30 January 1531 | 28 April 1507 – 23 April 1520 | Became Chief Justice of the Common Pleas | ||
d. 2 June 1535 | 21 May 1509 – 28 November 1533 | |||
d. 5 November 1530 | 23 April 1520 – 5 November 1530 | Died | ||
c. 1470 – 1538 | 6 February 1522 – 24 January 1526 | Became Chief Justice of the King's Bench | [40] | |
d. March 1540 | 10 July 1525 – March 1540 | Died | [41] | |
d. 26 January 1546 | 3 July 1531 – 26 January 1546 | Died | ||
d. 21 July 1544 | 28 November 1533 – 21 July 1544 | Died | ||
d. 10 September 1540 | 5 July 1540 – 10 September 1540 | Died | ||
d. 1553 | 22 November 1540 – 1553 | Died | ||
d. 15 May 1555 | 5 November 1544 – 4 October 1553 | Became Chief Justice of the Queen's Bench | [42] | |
1497/8 – 5 February 1557 | 14 May 1546 – 11 June 1555 | Became Chief Justice of the Queen's Bench | ||
d. 27 January 1576 | 4 October 1553 – 27 January 1576 | Died | ||
d. 18 January 1559 | 2 November 1555 – 18 January 1559 | Died | ||
d. 19 August 1558 | 23 January 1558 – 19 August 1558 | Died | ||
1510 – 24 March 1582 | 23 April 1558 – 27 April 1558 | Retired | [43] | |
d. 27 August 1565 | 27 October 1558 – 10 February 1563 | [44] | ||
d. 19 November 1566 | 16 October 1559 – 19 November 1566 | Died | ||
d. 18 April 1585 | 10 February 1563 – 1 June 1584 | Retired | ||
d. 5 July 1571 | 31 May 1567 – 5 July 1571 | Died | ||
14 May 1572 – 8 November 1574 | Became Chief Justice of the Queen's Bench | |||
d. 5 November 1588 | 16 November 1574 – 5 November 1588 | Died | ||
15 May 1576 – 12 October 1577 | Became Chief Baron of the Exchequer | |||
d. 17 November 1584 | 3 February 1578 – 17 November 1584 | Died | ||
d. 18/19 August 1607 | 29 May 1584 – 7 February 1602 | Retired | ||
d. 1590 | 8 February 1585 – 1590 | Died | ||
25 November 1588 – 26 August 1605 | Became Chief Justice of the Common Pleas | |||
d. 23/24 January 1612 | 16 May 1590 – 23/24 January 1612 | Died | [45] | |
d. 1 November 1612 | 8 February 1602 – 1 November 1612 | Died | ||
d. 22 January 1613 | 4 February 1604 – 22 January 1613 | Died | ||
13 January 1606 – 25 June 1607 | Became Chief Baron of the Exchequer | |||
d. 23 January 1620 | 25 June 1607 – 23 January 1620 | Died | ||
d. 12 September 1628 | 25 November 1612 – 12 September 1628 | Died | ||
d. 6 February 1624 | 21 April 1613 – 6 February 1624 | Died | ||
8 October 1620 – 20 October 1624 | Became a Justice of the Common Pleas | |||
d. 10 December 1640 | 17 October 1624 – 10 December 1640 | Died | ||
d. 20 June 1632 | 18 October 1624 – 20 June 1632 | Died | ||
9 October 1628 – 25 March 1641 | ||||
d. 5 August 1656 | 11 October 1632 – 12 September 1643 | Discharged by Parliament | [46] | |
23 January 1641 – 11 October 1642 | Became Chief Justice of the King's Bench | |||
1 July 1641 – 24 November 1645 31 May 1660 – 13 June 1663 | Discharged by Parliament Discharged | |||
d. 22 August 1657 | 14 October 1642 – 8 February 1649 | Declined reappointment | ||
31 January 1644 – June 1646 | Ceased to act after the fall of Oxford | |||
7 October 1645 – 15 November 1648 | Became Chief Justice of the King's Bench | |||
22 November 1648 – 8 February 1649 | Declined reappointment | |||
22 November 1648 – 18 March 1654 | Not reappointed | |||
12 June 1649 – 23 January 1654 19 January 1660 – May 1660 | Became a Baron of the Exchequer Not reappointed | |||
d. 23 June 1656 | 12 June 1649 – 23 June 1656 | Died | ||
30 May 1654 – 1 May 1655 13 June 1657 – 19 January 1660 | Not reappointed Became Chief Justice of the Upper Bench | [47] | ||
11 February 1656 – May 1659 | Not reappointed | |||
19 January 1660 – May 1660 | Not reappointed | |||
d. 2 January 1683 | 27 June 1660 – 2 January 1683 | Died | ||
24 November 1660 – 24/5 December 1668 | Died | |||
18 June 1663 – 21 November 1665 | Became Chief Justice of the King's Bench | |||
d. 23 September 1672 | 23 November 1665 – 23 September 1672 | Died | [48] | |
6 February 1669 – 12 April 1676 | Became Chief Justice of the King's Bench | |||
d. 23 November 1679 | 21 January 1673 – 29 April 1679 | Dismissed | ||
13 April 1676 – 29 September 1683 | Became Chief Justice of the Common Pleas | |||
d. 25 January 1694 | 23 October 1678 – 18 April 1683 18 March 1689 – 25 January 1694 | Dismissed Died | ||
1 May 1679 – 16 February 1680 | Dismissed | |||
d. 14 July 1683 | 24 April 1680 – 14 July 1683 | Died | ||
25 April 1683 – 21 April 1687 | Dismissed | |||
25 September 1683 – 2 July 1688 | Dismissed | |||
d. 6 September 1685 | 22 October 1683 – 6 September 1685 | Died | ||
10 October 1685 – 13 April 1687 | Became Chief Justice of the Common Pleas | |||
13 April 1687 – 2 July 1688 | Dismissed | [49] | ||
d. 22 August 1688 | 27 April 1687 – 22 August 1688 | Died | ||
6 July 1688 – 1689 | Not reappointed after the Glorious Revolution | |||
6 July 1688 – 1689 | Not reappointed after the Glorious Revolution | |||
22 October 1688 – 1689 | Not reappointed after the Glorious Revolution | |||
d. 28 May 1696 | 8 May 1689 – 28 May 1696 | Died | ||
d. 2 June 1695 | 8 May 1689 – 2 June 1695 | Died | ||
d. 12 September 1698 | 19 February 1694 – 12 September 1698 | Died | ||
d. 26 November 1699 | 25 October 1695 – 26 November 1699 | Died | ||
27 June 1696 – 8 June 1702 | Dismissed | |||
d. 26 March 1710 | 30 January 1699 – 26 March 1710 | Died | ||
26 January 1701 – 26 October 1726 | Retired | [50] | ||
23 June 1702 – 2 June 1713 | Retired | |||
12 May 1710 – 21 November 1723 | Became Chief Baron of the Exchequer | |||
3 June 1713 – 14 October 1714 | Dismissed | |||
20 November 1714 – 19 May 1718 | Became Chief Justice of the King's Bench | |||
19 May 1718 – 27 September 1727 | Dismissed | |||
31 January 1724 – 2 March 1725 | Became Chief Justice of the King's Bench | |||
16 March 1725 – 28 April 1730 | Became Chief Baron of the Exchequer | |||
4 November 1726 – 24 November 1740 | Became Chief Baron of the Exchequer | |||
d. 19 December 1741 | 27 September 1727 – 19 December 1741 | Died | ||
13 June 1730 – 8 June 1737 | Became Chief Justice of the King's Bench | |||
d. 15 March 1745 | 16 June 1737 – 15 March 1745 | Died | [51] | |
24 November 1740 – 6 February 1755 | Retired | |||
11 February 1742 – 14 February 1765 | Retired | |||
d. 7 November 1763 | 22 April 1745 – 7 November 1763 | Died | ||
11 February 1755 – 20 August 1766 | Became Chief Justice of the Common Pleas | |||
23 January 1764 – 16 February 1770 | Became a Justice of the Common Pleas | |||
d. 1 March 1778 | 24 April 1765 – 1 March 1778 | Died | ||
5 November 1766 – 24 November 1767 | Became Lord Chancellor of Ireland | |||
d. 14 January 1787 | 29 January 1768 – 14 January 1787 | Died | ||
16 February 1770 – 25 June 1770 | Became a Justice of the Common Pleas | |||
25 June 1770 – 3 June 1799 | Retired | |||
6 May 1778 – 18 June 1794 | Became a Justice of the Common Pleas | [52] | ||
9 February 1787 – 16 June 1813 | Retired | |||
18 June 1794 – 31 March 1808 | Became a Justice of the Common Pleas | |||
d. 15 April 1816 | 5 June 1799 – 15 April 1816 | Died | ||
7 May 1808 – 11 November 1830 | Became a Baron of the Exchequer | |||
d. 3 February 1816 | 23 June 1813 – 3 February 1816 | Died | ||
20 February 1816 – 17 November 1828 | Retired | |||
3 May 1816 – 4 November 1818 | Became Chief Justice of the King's Bench | |||
28 November 1818 – 15 April 1824 | Became Chief Justice of the Common Pleas | |||
4 May 1824 – 11 February 1841 | Retired | |||
17 November 1828 – 29 April 1834 | Became a Baron of the Exchequer | |||
d. 11 January 1835 | 11 November 1830 – 11 January 1835 | Died | [53] | |
11 November 1830 – 11 February 1852 | Retired | |||
d. 14/15 September 1846 | 29 April 1834 – 14/15 September 1846 | Died | ||
26 January 1835 – 14 June 1858 | Retired | |||
d. 10 December 1863 | 15 February 1841 – 10 December 1863 | Died | ||
27 October 1846 – 24 June 1859 | Became Chief Justice of the Common Pleas | |||
d. 30 October 1865 | 11 February 1852 – 30 October 1865 | Died | ||
14 June 1858 – 3 December 1861 | Retired | |||
28 June 1859 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | |||
3 December 1861 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | |||
19 December 1863 – 19 February 1868 | Died | |||
2 November 1865 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | |||
25 February 1868 – 20 November 1872 | Became a Justice of the High Court of Justice (Probate Division | [54] | ||
d. 24 November 1869 | 25 August 1868 – 24 November 1869 | Died | ||
5 January 1872 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | |||
20 November 1872 – 6 February 1875 | Became a Justice of the Common Pleas | |||
6 February 1875 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | |||