The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is still in use as a courthouse, its name. Its remit as in England was to hear lawsuits between ordinary citizens.
According to Elrington Ball [1] the Irish Court of Common Pleas, which was known in its early years as the Common Bench or simply the Bench, was fully operational by 1276. It was headed by its Chief Justice (the Chief Justice of the Irish Common Pleas, as distinct from the Lord Chief Justice of Ireland, who was the head of the Irish Court of King's Bench). He had two (occasionally three) justices to assist him. The first Chief Justice was Sir Robert Bagod, former High Sheriff of County Limerick, a member of an old Dublin family which gave its name to Baggot Street. In the early centuries, he was often referred to as "Chief Justice of the Bench", or "the Dublin Bench".
Traditionally its workload was less heavy than that of the Court of King's Bench, although in the 1390s it was apparently heavy enough for a King's Serjeant, John Haire, to be appointed to plead on behalf of the Crown in the Common Pleas alone. [2] Common Pleas had a reputation for being more conservative than other Courts, and more resistant to reform. Its judges had a reputation, which was probably unjustified, for being less learned than those of the other courts of common law, King's Bench and Exchequer. They were also more likely than their colleagues to be Irish-born, and to be fluent in Irish, although a number of early justices, like John de Ponz and William Fauvel, were English. [3]
Along with the Irish Court of Exchequer, it moved to Carlow in the early 1360s, due to the disturbed political conditions in Dublin; but the judges, finding that Carlow was also afflicted with political unrest, returned after thirty years to Dublin. A petition for redress dated 1369 refers to the recent burning of the town by the Irish of Leinster, and more generally to "the time of war", during which most of the judges dared not go to Carlow. [4] Hostile Irish clans destroyed Carlow by fire several times, notably in 1363, 1376 and 1391-2. [5] John Tirel, Chief Justice of Common Pleas 1386-95, was notoriously reluctant to brave "the dangers of the roads". [2] He usually acted through a Deputy, but in 1389 he was appointed the justice for Carlow and ordered to hold the assizes there. [6] In 1392 he is described in the Patent Rolls as "Chief Justice of the Common Bench of the King of Carlow". [7]
Under the Supreme Court of Judicature Act (Ireland) 1877, the Court of Common Pleas was merged into the new High Court of Justice in Ireland as one of its constituent divisions; the Chief Justice of the Irish Common Pleas retained his old rank. After the first decade of the new Court's existence, it was decided that it could be made to work more efficiently by merging the Common Pleas and Queen's Bench Divisions. The Division thereafter was called Queen's Bench, and the term Common Pleas fell into disuse.
The Attorney-General for Ireland was an Irish and then United Kingdom government office-holder. He was senior in rank to the Solicitor-General for Ireland: both advised the Crown on Irish legal matters. With the establishment of the Irish Free State in 1922, the duties of the Attorney-General and Solicitor-General for Ireland were taken over by the Attorney General of Ireland. The office of Solicitor-General for Ireland was abolished at the same time for reasons of economy. This led to repeated complaints from the first Attorney General of Ireland, Hugh Kennedy, about the "immense volume of work" which he was now forced to deal with single-handedly.
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Sir Robert Bagod was an Irish judge who was appointed the first Chief Justice of the Irish Common Pleas in 1276. He built Baggotrath Castle, which was the strongest fortress in Dublin: it was located on present-day Baggot Street in central Dublin. He also founded the Carmelite Friary in Dublin.
Robert de Holywood was an Irish judge and landowner who held the office of Chief Baron of the Irish Exchequer. He was the ancestor of the Holywood family of Artane Castle, and of the St. Lawrence family, Earls of Howth. He was a substantial landowner with property in Dublin, Meath and Louth. He became extremely unpopular, and was removed from office after numerous complaints of "oppression and extortion" were made against him. These were apparently inspired ĺargely by his close association in the mid-1370s with Sir William de Windsor, the embattled Lord Lieutenant of Ireland.
Henry Mitchell (c.1320–1384) was an Irish judge of the fourteenth century. He was one of the first recorded holders of the office of Attorney General for Ireland, and was subsequently Chief Baron of the Irish Exchequer and Chief Justice of the Irish Common Pleas.
Sir John de Shriggeley, whose family name is also spelt Shirggeley and Shryggeley was an Irish statesman and judge who held several important judicial offices, including Chief Justice of the Irish Common Pleas. Although he committed two murders, he was a valued servant of the English Crown.
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Thomas Dowdall, also spelt Dowdale, Douedall, or Dowedall, was an Irish barrister and judge who held the office of Master of the Rolls in Ireland.
Henry Duffe or Duff was an Irish judge of the late fifteenth century.
John Giffard, or Gyffard was an English-born lawyer and cleric in Ireland in the late fourteenth century, who served briefly as Chief Justice of the Irish Common Pleas.
Edmund de Clay, or del Clay was an English-born lawyer and judge who served as Lord Chief Justice of Ireland and Chief Justice of the Irish Common Pleas.
Edward Somerton, or Somertoune was an Irish barrister and judge who held the offices of Serjeant-at-law (Ireland) and judge of the Court of King's Bench (Ireland) and the Court of Common Pleas (Ireland). He was born in Ireland, possibly in Waterford, although he lived much of his life in Dublin. By 1426 he was a clerk in the Court of Chancery (Ireland), and was paid 26 shillings for his labours in preparing writs and enrolment of indentures,. In 1427 he is recorded in London studying law at Lincoln's Inn. He returned to Ireland and was again in the Crown service by 1435, when he was ordered to convey lands at Beaulieu, County Louth to Robert Chambre, one of the Barons of the Court of Exchequer (Ireland). He was appointed King's Serjeant for life in 1437; he also acted as counsel for the city of Waterford, a position subsequently held by another future judge, John Gough.
Thomas Snetterby was an Irish barrister, King's Serjeant and Crown official of the fifteenth century. He was remembered long after his death for giving his name to Snetterby's orchard near Kevin Street, Dublin.
Sir William le Deveneys was a Crown administrator and judge in late thirteenth and early fourteenth century Ireland, who served very briefly as Chief Justice of the Irish Common Pleas.
Nicholas de Snyterby, or Snitterby was a Law Officer and judge in Ireland in the fourteenth century, who held office as King's Serjeant, Baron of the Court of Exchequer (Ireland) and justice of the Court of Common Pleas (Ireland).
John Blakeney was an Irish judge of the fifteenth century, who served three times as Chief Justice of the Common Pleas.
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