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The chief justice of the Common Pleas was the head of the
Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, also known as the Common Bench or Common Place, which was the second-highest
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
in the
English legal system English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...
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 The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
. As such, the chief justice of the Common Pleas was one of the highest judicial officials in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
, behind only the Lord High Chancellor and the
Lord Chief Justice of England Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, who headed the Queen's Bench (King's when the monarch was male).


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 The Chief Baron of the Exchequer was the first "baron" (meaning judge) of the English Exchequer of Pleas. "In the absence of both the Treasurer of the Exchequer or First Lord of the Treasury, and the Chancellor of the Exchequer, it was he who pre ...
. 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.
Lord Mackay of Clashfern James Peter Hymers Mackay, Baron Mackay of Clashfern, (born 2 July 1927) is a British advocate. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He is a former active member of the House of L ...
(ed.) (2002) ''Halsbury's Laws of England'', 4th ed. Vol.10 (Reissue), "Courts", 603 'Divisions of the High Court'


Chief justices of the Common Pleas

Image:Edward Coke LCJ.jpg, Sir
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
, a famed jurist whose judgements included seminal cases in corporate and competition law and the creation of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
Image:Orlando Bridgeman by John Riley.jpg, Sir Orlando Bridgeman, who tried the
Regicides of Charles I Following the trial of Charles I in January 1649, 59 commissioners (judges) signed his death warrant. They, along with several key associates and numerous court officials, were the subject of punishment following the restoration of the monarch ...
Image:Sir Nicholas Conyngham Tindal by John Lucas.jpg, Sir
Nicholas Conyngham Tindal Sir Nicolas Conyngham Tindal, PC (12 December 1776 – 6 July 1846) was a celebrated English lawyer who successfully defended the then Queen of the United Kingdom, Caroline of Brunswick, at her trial for adultery in 1820. As Chief Justice ...
, who successfully defended Queen Caroline on charges of adultery in 1820 Image:Sir Alexander Cockburn LCJ by GF Watts.jpg, Sir Alexander Cockburn, who was repeatedly refused a peerage on the grounds of "notoriously bad moral character"


Peerages created for the Lord Chief Justice of the Common Pleas


Legacy

A Wetherspoon pub in
Keswick, Cumbria Keswick ( ) is a market town and civil parish in the Allerdale Borough in Cumbria, England. Historically, until 1974, it was part of Cumberland. It lies within the Lake District National Park, Keswick is just north of Derwentwater and is f ...
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 Sir John Bankes (1589 – 28 December 1644) was an English lawyer and politician who sat in the House of Commons between 1624 and 1629. He was Attorney General and Chief Justice to Charles I during the English Civil War. Corfe Castle, his famil ...
. 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.


References


Bibliography

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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 or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
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 or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...