Justice of the King's Bench, or Justice of the Queen's Bench during the reign of a female monarch, was a

puisne Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...

judicial position within the

Court of King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...

, under the Chief Justice. The King's Bench was a court of

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 omnipresen ...

which modern academics argue was founded independently in 1234, having previously been part of the '' curia regis''. 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 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 ...

(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 The Bill of Middlesex was a legal fiction used by the Court of King's Bench (England), Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas (England), Court of Common Pleas. Hinging on the ...

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. The outcome was the

Supreme Court of Judicature Act 1873 The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and ...

, 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 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 of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...

under Lord Coleridge by an

Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...

of 16 December 1880. At this point, the King's Bench formally ceased to exist. 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.Sainty (1993) p.20 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.

List of Justices

References

Bibliography

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List of Justices

References

Bibliography

See also