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 . [2] 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. [3] 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. [4]
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. [5] 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. [6]
Name | Born/Died | Active service | Reason for termination | Notes |
---|---|---|---|---|
Richard Staines | d. 1277/8 | 1272–1274 | Became a Justice of the Common Pleas | [6] [7] |
Nicholas Stapleton | d. 1290 | 1273–1274 1278 1290 | [8] [9] | |
Walter de Helyun | 1273–1278 | Became a Justice of the Common Pleas | [8] | |
William Saham | 1278 1288–1290 | Became justice of an eyre circuit Convicted of judicial misconduct | [10] | |
Walter Hopton | 1235–1295/6 | 1274–1278 | Became senior justice of a court in Wales | [11] |
Walter Wimborne | 1276–1289 | [8] | ||
Ellis Sutton | 1285–1287 | [8] | ||
William Saham | c. 1225–1292 | 1288–1290 | Convicted of judicial misconduct | [12] |
Gilbert de Thornton | c. 1245–1295 | 1290 | Became Chief Justice of the King's Bench | [8] [13] |
Roger Brabazon | c. 1247–1317 | 1290–1295 | Became Chief Justice of the King's Bench | [14] |
Robert Malet | d.1294 | 1290–1294 | Died | [8] [15] |
John Lovel | 1294–1230 | [8] | ||
Gilbert de Rothbury | c. 1260–1321 | 1296 – 10 March 1316 | Became a Justice of the Common Pleas | [16] [17] |
William Ormesby | d. 1317 | 1296–1303 | Became an Assize justice | [16] [18] |
Henry Spigurnel | c. 1261–1328 | 1301–1323 | Retired | [16] [19] |
Lambert de Trickingham | 6 August 1316 – 6 August 1320 | Became a Baron of the Exchequer | [16] | |
Robert de Malberthorp | d. 1331/2 | 6 August 1320 – 1 May 1329 | Became Chief Justice of the King's Bench | [16] [20] |
John Stonor | c. 1281 – August 1354 | 1323 – 3 May 1324 | Became a Justice of the Common Pleas | [16] [21] |
Walter Friskeney | 3 May 1324 – 1326 6 March 1327 – 1328 | Became a Justice of the Common Pleas | [16] | |
Robert Baynard | d.1329/30 | 9 March 1327 – 1329 | Became an Assize justice | [16] [22] |
John Shardelow | d. 5 March 1344 | 11 September 1329 – 29 January 1332 | Became a Justice of the Common Pleas | [16] [23] |
Henry Hambury | c. 1271 – c. 1350 | 30 December 1329 – 1330 | Became an Assize justice | [24] [25] |
Richard de Willoughby | c. 1290 – 14 March 1362 | 22 December 1330 – 28 March 1332 | Became Chief Justice of the Common Pleas | [24] [26] |
Thomas Louth | 22 December 1330 – 1331 | Became Chief Justice of the Justiciar's Court in Ireland | [24] [27] | |
Geoffrey Edenham | 18 January 1331 – 1333 | [24] | ||
Thomas Bacon | d. 1336 | 28 January 1332 – 1335 | [24] | |
William Denum | d. 1350 | 1332–1334 | [24] [28] [29] | |
William de Shareshull | 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 | [24] [30] |
Robert de Scardeburgh | c. 1348 | 24 September 1334 – 1344 | Became Chief Justice of the Common Pleas in Ireland | [24] [31] |
William Faunt | 1338 | [24] | ||
Robert Brundish | 1338 | [24] | ||
William Scott | d. 1352/6 | 2 May 1339 – 8 January 1341 | Became Chief Justice of the Common Pleas | [32] [33] |
Roger Baukwell | d. c. 1350 | 8 January 1341 – 1348 | Became an Assize justice | [32] [34] |
William Basset | d. 1356/7 | 28 October 1341 – 1353 | Retired | [32] [35] |
Adam Stonegrave | 1342 | [32] | ||
William Thorpe | d. 27 May 1361 | 1345 – 16 November 1346 | Became Chief Justice of the King's Bench | [32] [36] |
Thomas Seton | d. 1359/60 | 1354–1355 5 July 1357 | Became a Justice of the Common Pleas | [32] [37] |
William de Notton | c. 1365 | 12 October 1355 – 10 July 1361 | Became Chief Justice of the King's Bench for Ireland | [32] |
Thomas Ingleby | 25 June 1361 – 1377 | [32] | ||
Robert Tresilian | d. 19 February 1388 | 6 May 1378 – 22 June 1381 | [38] | |
David Hanmer | d. 1387 | 26 February 1383 – 1386 | [38] | |
John Lockton | 25 October 1387 | [38] | ||
John Hill | d. 1408 | 20 May 1389 – 1407 | [38] | |
Hugh Huls | d. 3 July 1415 | 20 May 1389 30 May 1394 - 1414 | Retired | [38] |
Robert Tyrwhitt | d. 6 January 1428 | 4 May 1408 – 6 January 1428 | Died | [38] |
Roger Horton | d. 30 April 1423 | 16 June 1415 – 1422 | [38] | |
William Cheyne | d. 1443 | 16 June 1415 – 21 January 1424 | Became Chief Justice of the King's Bench | [38] |
John Hals | 23 January 1424 - 1434 | [39] | ||
William Westbury | d. 25 December 1448 | 6 February 1426 – 21 February 1445 | Retired | [39] |
William Goderede | d. 1 January 1455 | 3 July 1434 – 1 January 1455 | Died | [39] |
William Yelverton | d. 27 March 1476 | 1 July 1443 – 6 April 1471 | [39] | |
John Markham | 6 February 1444 – 13 May 1461 | Became Chief Justice of the King's Bench | [39] | |
Richard Bingham | 22 May 1476 | 5 May 1445 – 6 April 1471 | [39] | |
Ralph Pole | d. 1460 | 3 July 1453 – 18 March 1460 | [39] | |
Thomas Billing | d. 5 May 1481 | 9 August 1464 – 23 January 1469 | Became Chief Justice of the King's Bench | [39] |
William Laken | d. 6 October 1475 | 4 June 1465 – 6 October 1475 | Died | [39] |
Richard Nele | 18 April 1469 – 17 June 1471 | Became a Justice of the Common Pleas | [39] | |
John Needham | d. 25 April 1480 | 17 June 1471 – 25 April 1480 | Died | [40] |
Thomas Yonge | d. 3/4 May 1477 | 29 April 1475 – 3/4 May 1477 | Died | [40] |
Guy Fairfax | d. 1495 | 8 October 1477 – 1495 | Died | [40] |
William Jenney | d. 22/23 December 1483 | 14 May 1481 – 22/23 December 1483 | Died | [40] |
John Sulyard | d. 14 March 1488 | 22 October 1484 – 14 March 1488 | Died | [40] |
Thomas Tremayle | d. 10 September 1508 | 16 June 1488 – 10 September 1508 | Died | [40] |
Robert Rede | d. 7/8 January 1519 | 24 November 1495 – 26 November 1506 | Became Chief Justice of the Common Pleas | [40] |
Robert Brudenell | 1461 – 30 January 1531 | 28 April 1507 – 23 April 1520 | Became Chief Justice of the Common Pleas | [40] |
Humphrey Coningsby | d. 2 June 1535 | 21 May 1509 – 28 November 1533 | [40] | |
John More | d. 5 November 1530 | 23 April 1520 – 5 November 1530 | Died | [40] |
John FitzJames | c. 1470 – 1538 | 6 February 1522 – 24 January 1526 | Became Chief Justice of the King's Bench | [40] [41] |
John Port | d. March 1540 | 10 July 1525 – March 1540 | Died | [42] |
John Spelman | d. 26 January 1546 | 3 July 1531 – 26 January 1546 | Died | [42] |
Walter Luke | d. 21 July 1544 | 28 November 1533 – 21 July 1544 | Died | [42] |
William Coningsby | d. 10 September 1540 | 5 July 1540 – 10 September 1540 | Died | [42] |
Edmund Mervin | d. 1553 | 22 November 1540 – 1553 | Died | [42] |
Thomas Bromley | d. 15 May 1555 | 5 November 1544 – 4 October 1553 | Became Chief Justice of the Queen's Bench | [42] [43] |
William Portman | 1497/8 – 5 February 1557 | 14 May 1546 – 11 June 1555 | Became Chief Justice of the Queen's Bench | [42] |
John Whiddon | d. 27 January 1576 | 4 October 1553 – 27 January 1576 | Died | [42] |
William Dalison | d. 18 January 1559 | 2 November 1555 – 18 January 1559 | Died | [42] |
Francis Morgan | d. 19 August 1558 | 23 January 1558 – 19 August 1558 | Died | [42] |
James Dyer | 1510 – 24 March 1582 | 23 April 1558 – 27 April 1558 | Retired | [42] [44] |
William Rastell | d. 27 August 1565 | 27 October 1558 – 10 February 1563 | [45] | |
Reginald Corbet | d. 19 November 1566 | 16 October 1559 – 19 November 1566 | Died | [45] |
John Southcote | d. 18 April 1585 | 10 February 1563 – 1 June 1584 | Retired | [45] |
Thomas Carus | d. 5 July 1571 | 31 May 1567 – 5 July 1571 | Died | [45] |
Christopher Wray | 14 May 1572 – 8 November 1574 | Became Chief Justice of the Queen's Bench | [45] | |
Thomas Gawdy | d. 5 November 1588 | 16 November 1574 – 5 November 1588 | Died | [45] |
John Jeffrey | 15 May 1576 – 12 October 1577 | Became Chief Baron of the Exchequer | [45] | |
William Ayloffe | d. 17 November 1584 | 3 February 1578 – 17 November 1584 | Died | [45] |
John Clench | d. 18/19 August 1607 | 29 May 1584 – 7 February 1602 | Retired | [45] |
Robert Shute | d. 1590 | 8 February 1585 – 1590 | Died | [45] |
Francis Gawdy | 25 November 1588 – 26 August 1605 | Became Chief Justice of the Common Pleas | [45] | |
Edward Fenner | d. 23/24 January 1612 | 16 May 1590 – 23/24 January 1612 | Died | [46] |
Christopher Yelverton | d. 1 November 1612 | 8 February 1602 – 1 November 1612 | Died | [46] |
David Williams | d. 22 January 1613 | 4 February 1604 – 22 January 1613 | Died | [46] |
Lawrence Tanfield | 13 January 1606 – 25 June 1607 | Became Chief Baron of the Exchequer | [46] | |
John Croke | d. 23 January 1620 | 25 June 1607 – 23 January 1620 | Died | [46] |
John Doddridge | d. 12 September 1628 | 25 November 1612 – 12 September 1628 | Died | [46] |
Robert Houghton | d. 6 February 1624 | 21 April 1613 – 6 February 1624 | Died | [46] |
Thomas Chamberlayne | 8 October 1620 – 20 October 1624 | Became a Justice of the Common Pleas | [46] | |
William Jones | d. 10 December 1640 | 17 October 1624 – 10 December 1640 | Died | [46] |
James Whitelocke | d. 20 June 1632 | 18 October 1624 – 20 June 1632 | Died | [46] |
George Croke | 9 October 1628 – 25 March 1641 | [46] | ||
Robert Berkeley | d. 5 August 1656 | 11 October 1632 – 12 September 1643 | Discharged by Parliament | [47] |
Robert Heath | 23 January 1641 – 11 October 1642 | Became Chief Justice of the King's Bench | [47] | |
Thomas Malet | 1 July 1641 – 24 November 1645 31 May 1660 – 13 June 1663 | Discharged by Parliament Discharged | [47] | |
Francis Bacon | d. 22 August 1657 | 14 October 1642 – 8 February 1649 | Declined reappointment | [47] |
Robert Brerewood | 31 January 1644 – June 1646 | Ceased to act after the fall of Oxford | [47] | |
Henry Rolle | 7 October 1645 – 15 November 1648 | Became Chief Justice of the King's Bench | [47] | |
Samuel Browne | 22 November 1648 – 8 February 1649 | Declined reappointment | [47] | |
Philip Jermyn | 22 November 1648 – 18 March 1654 | Not reappointed | [47] | |
Robert Nicholas | 12 June 1649 – 23 January 1654 19 January 1660 – May 1660 | Became a Baron of the Exchequer Not reappointed | [47] | |
Richard Aske | d. 23 June 1656 | 12 June 1649 – 23 June 1656 | Died | [47] |
Richard Newdigate | 30 May 1654 – 1 May 1655 13 June 1657 – 19 January 1660 | Not reappointed Became Chief Justice of the Upper Bench | [48] | |
Peter Warburton | 11 February 1656 – May 1659 | Not reappointed | [48] | |
Roger Hill | 19 January 1660 – May 1660 | Not reappointed | [48] | |
Thomas Twisden | d. 2 January 1683 | 27 June 1660 – 2 January 1683 | Died | [48] |
Wadham Wyndham | 24 November 1660 – 24/5 December 1668 | Died | [48] | |
John Kelynge | 18 June 1663 – 21 November 1665 | Became Chief Justice of the King's Bench | [48] | |
William Morton | d. 23 September 1672 | 23 November 1665 – 23 September 1672 | Died | [49] |
Richard Raynsford | 6 February 1669 – 12 April 1676 | Became Chief Justice of the King's Bench | [49] | |
William Wilde | d. 23 November 1679 | 21 January 1673 – 29 April 1679 | Dismissed | [49] |
Thomas Jones | 13 April 1676 – 29 September 1683 | Became Chief Justice of the Common Pleas | [49] | |
William Dolben | d. 25 January 1694 | 23 October 1678 – 18 April 1683 18 March 1689 – 25 January 1694 | Dismissed Died | [49] |
Francis Pemberton | 1 May 1679 – 16 February 1680 | Dismissed | [49] | |
Thomas Raymond | d. 14 July 1683 | 24 April 1680 – 14 July 1683 | Died | [49] |
Francis Wythens | 25 April 1683 – 21 April 1687 | Dismissed | [49] | |
Richard Holloway | 25 September 1683 – 2 July 1688 | Dismissed | [49] | |
Thomas Walcot | d. 6 September 1685 | 22 October 1683 – 6 September 1685 | Died | [49] |
Robert Wright | 10 October 1685 – 13 April 1687 | Became Chief Justice of the Common Pleas | [49] | |
John Powell | 13 April 1687 – 2 July 1688 | Dismissed | [50] | |
Richard Allibond | d. 22 August 1688 | 27 April 1687 – 22 August 1688 | Died | [50] |
Thomas Powell | 6 July 1688 – 1689 | Not reappointed after the Glorious Revolution | [50] | |
Robert Baldock | 6 July 1688 – 1689 | Not reappointed after the Glorious Revolution | [50] | |
Thomas Stringer | 22 October 1688 – 1689 | Not reappointed after the Glorious Revolution | [50] | |
William Gregory | d. 28 May 1696 | 8 May 1689 – 28 May 1696 | Died | [50] |
Giles Eyre | d. 2 June 1695 | 8 May 1689 – 2 June 1695 | Died | [50] |
Samuel Eyre | d. 12 September 1698 | 19 February 1694 – 12 September 1698 | Died | [50] |
Thomas Rokeby | d. 26 November 1699 | 25 October 1695 – 26 November 1699 | Died | [50] |
John Turton | 27 June 1696 – 8 June 1702 | Dismissed | [50] | |
Henry Gould | d. 26 March 1710 | 30 January 1699 – 26 March 1710 | Died | [50] |
Littleton Powys | 26 January 1701 – 26 October 1726 | Retired | [51] | |
John Powell | 23 June 1702 – 2 June 1713 | Retired | [51] | |
Robert Eyre | 12 May 1710 – 21 November 1723 | Became Chief Baron of the Exchequer | [51] | |
Thomas Powys | 3 June 1713 – 14 October 1714 | Dismissed | [51] | |
John Pratt | 20 November 1714 – 19 May 1718 | Became Chief Justice of the King's Bench | [51] | |
John Fortescue Aland | 19 May 1718 – 27 September 1727 | Dismissed | [51] | |
Robert Raymond | 31 January 1724 – 2 March 1725 | Became Chief Justice of the King's Bench | [51] | |
James Reynolds | 16 March 1725 – 28 April 1730 | Became Chief Baron of the Exchequer | [51] | |
Edmund Probyn | 4 November 1726 – 24 November 1740 | Became Chief Baron of the Exchequer | [51] | |
Francis Page | d. 19 December 1741 | 27 September 1727 – 19 December 1741 | Died | [51] |
William Lee | 13 June 1730 – 8 June 1737 | Became Chief Justice of the King's Bench | [51] | |
William Chapple | d. 15 March 1745 | 16 June 1737 – 15 March 1745 | Died | [52] |
Martin Wright | 24 November 1740 – 6 February 1755 | Retired | [52] | |
Thomas Denison | 11 February 1742 – 14 February 1765 | Retired | [52] | |
Michael Foster | d. 7 November 1763 | 22 April 1745 – 7 November 1763 | Died | [52] |
John Eardley Wilmot | 11 February 1755 – 20 August 1766 | Became Chief Justice of the Common Pleas | [52] | |
Joseph Yates | 23 January 1764 – 16 February 1770 | Became a Justice of the Common Pleas | [52] | |
Richard Aston | d. 1 March 1778 | 24 April 1765 – 1 March 1778 | Died | [52] |
James Hewitt | 5 November 1766 – 24 November 1767 | Became Lord Chancellor of Ireland | [52] | |
Edward Willes | d. 14 January 1787 | 29 January 1768 – 14 January 1787 | Died | [52] |
William Blackstone | 16 February 1770 – 25 June 1770 | Became a Justice of the Common Pleas | [52] | |
William Henry Ashurst | 25 June 1770 – 3 June 1799 | Retired | [52] | |
Francis Buller | 6 May 1778 – 18 June 1794 | Became a Justice of the Common Pleas | [53] | |
Nash Grose | 9 February 1787 – 16 June 1813 | Retired | [53] | |
Soulden Lawrence | 18 June 1794 – 31 March 1808 | Became a Justice of the Common Pleas | [53] | |
Simon Le Blanc | d. 15 April 1816 | 5 June 1799 – 15 April 1816 | Died | [53] |
John Bayley | 7 May 1808 – 11 November 1830 | Became a Baron of the Exchequer | [53] | |
Henry Dampier | d. 3 February 1816 | 23 June 1813 – 3 February 1816 | Died | [53] |
George Sowley Holroyd | 20 February 1816 – 17 November 1828 | Retired | [53] | |
Charles Abbott | 3 May 1816 – 4 November 1818 | Became Chief Justice of the King's Bench | [53] | |
William Best | 28 November 1818 – 15 April 1824 | Became Chief Justice of the Common Pleas | [53] | |
Joseph Littledale | 4 May 1824 – 11 February 1841 | Retired | [53] | |
James Parke | 17 November 1828 – 29 April 1834 | Became a Baron of the Exchequer | [53] | |
William Elias Taunton | d. 11 January 1835 | 11 November 1830 – 11 January 1835 | Died | [54] |
John Patteson | 11 November 1830 – 11 February 1852 | Retired | [54] | |
John Williams | d. 14/15 September 1846 | 29 April 1834 – 14/15 September 1846 | Died | [54] |
John Taylor Coleridge | 26 January 1835 – 14 June 1858 | Retired | [54] | |
William Wightman | d. 10 December 1863 | 15 February 1841 – 10 December 1863 | Died | [54] |
William Erle | 27 October 1846 – 24 June 1859 | Became Chief Justice of the Common Pleas | [54] | |
Charles John Crompton | d. 30 October 1865 | 11 February 1852 – 30 October 1865 | Died | [54] |
Hugh Hill | 14 June 1858 – 3 December 1861 | Retired | [54] | |
Colin Blackburn | 28 June 1859 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | [54] | |
John Mellor | 3 December 1861 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | [54] | |
William Shee | 19 December 1863 – 19 February 1868 | Died | [54] | |
Robert Lush | 2 November 1865 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | [54] | |
James Hannen | 25 February 1868 – 20 November 1872 | Became a Justice of the High Court of Justice (Probate Division | [55] | |
George Hayes | d. 24 November 1869 | 25 August 1868 – 24 November 1869 | Died | [55] |
John Richard Quain | 5 January 1872 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | [55] | |
Thomas Dickson Archibald | 20 November 1872 – 6 February 1875 | Became a Justice of the Common Pleas | [55] | |
William Field | 6 February 1875 – 1 November 1875 | Became a Justice of the High Court of Justice (Queen's Bench Division) | [55] | |
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.
Sir William Tresham JP was an English lawyer who served as Speaker of the House of Commons until 1450.
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.
Sir James Burrough was a British judge.
Richard of Staines was an English clerical judge. He acted as an Itinerant Justice, visiting 11 counties in 1208 before his appointment as a justice of the Court of King's Bench in 1209. He became Lord Chief Justice in 1269, and after the coronation of Edward I in 1273 was moved to the Court of Common Pleas. He died in 1277.
Sir Thomas Clarke was a British judge who served as Master of the Rolls. He was the son of a carpenter and a pawnbroker from St Giles in the Fields, and was educated at Westminster School between 1715 and 1721 thanks to the help of Zachary Pearce. On 10 June 1721 he matriculated to Trinity College, Cambridge, graduating with a BA in 1724. He became a fellow of Trinity College in 1727, and a member of Gray's Inn the same year. Clarke was evidently knowledgeable in Roman law, and was mentioned in a poem called the causidicade as a possible Solicitor General in 1742. He became a King's Counsel (KC) in 1740, and in 1742 left Gray's Inn to join Lincoln's Inn, which he became a bencher of in 1754.
Sir John Strange was a British politician and judge.
Sir William Fortescue of Buckland Filleigh, Devon, was a British judge and Master of the Rolls 1741–1749.
Albert Charles Clauson, 1st Baron Clauson CBE, PC was a British barrister and judge who sat as a Lord Justice of Appeal.
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas. It was created out of the common law jurisdiction of the Exchequer of Pleas, with splits forming during the 1190s and the division becoming formal by the beginning of the 13th century. The court became a key part of the Westminster courts, along with the Exchequer of Pleas and the Court of King's Bench, but with the Writ of Quominus and the Statute of Westminster, both tried to extend their jurisdiction into the realm of common pleas. 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. 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 Common Pleas formally ceased to exist.
Sir John Gurney KC was a British barrister and judge. Born into a family of noted stenographers, he was educated at St Paul's School and was called to the bar by the Inner Temple on 3 May 1793. After distinguishing himself in a libel trial, Gurney became junior counsel in a variety of state trials during the 1790s. After several more noted cases during the early 19th century, he was knighted and made a Baron of the Exchequer on 13 February 1832, a position he gave up in 1845 due to ill health, dying the same year.
Sir Montague Edward Smith was a British barrister and judge who served as one of the last Justices of the Court of Common Pleas.
Sir Thomas Raymond or Rayment was a British judge. Born to Robert Raymond in Bowers Gifford, he was educated at a school in Bishop's Stortford before matriculating to Christ's College, Cambridge on 5 April 1643. On 6 February 1645 he joined Gray's Inn, being called to the Bar there on 11 February 1651. In October 1677 he became a Serjeant-at-Law, before being appointed a Baron of the Exchequer on 1 May 1679 and knighted on 26 June. On 7 February 1680 he became a Justice of the Common Pleas, and on 24 April 1680 transferred to the Court of King's Bench. He died on 14 July 1683, leaving behind a set of law reports titled Reports of divers special cases adjudged in the courts of king's bench, common pleas, and exchequer in the reign of King Charles II, which were published in 1696, 1743, 1793 and 1803. His son, Robert Raymond, also later became a judge.
Sir William Dolben KS KC was an English judge who sat as a Justice of the King's Bench.
Sir Edmund Probyn was a British judge.
Sir Giles Eyre was an English barrister, member of parliament, and judge.
Sir Peter Warburton JP was a British judge. Born to Thomas Warburton and his wife Anne, Warburton attended Staple Inn before joining Lincoln's Inn on 2 May 1562. He was called to the Bar there in February 1572, and became a Bencher in 1582. A Justice of the Peace for Chester, he was recommended as a potential Member of Parliament for that seat, but after being rejected was instead elected for Newcastle-under-Lyme, later sitting for the City of Chester in the Parliaments of 1586, 1589, and 1597. In 1593 he became a Serjeant-at-Law, and on 24 November 1600 was made a Justice of the Common Pleas. As a Justice he was one of those who supported Sir Edward Coke's majority judgment in Dr. Bonham's Case, and he discharged his duties as "an ancient, reverend and learned judge" until his death in office on 7 September 1621.
Sir John de Lovetot was an administrator and later Justice of the Common Pleas between 1275 and 1289. He had already been knighted when he entered the service of Edward I. Prior to that he had performed administrative duties in Yorkshire, in Norfolk and with the Earl of Oxford, Robert de Vere.