Justice of the Common Pleas 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 used mainly in British English meaning "inferior in rank". ...

judicial position within 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 ...

of England and Wales, under the Chief Justice. The Common Pleas was the primary court of

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

within England and Wales, dealing with "common" pleas (civil matters between subject and subject). It was created out of the common law jurisdiction of the

Exchequer of Pleas The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity (law), equity, a set of legal principles based on natural law and Common law#History, common law in England and Wales. Originally part of the , or King ...

, 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

(qualified to hear cases involving revenue owed to the King) and the

Court of King's Bench The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initi ...

(authorised to hear cases involving the King), but with the

Writ of Quominus In the history of the courts of England and Wales, the writ of quominus, or writ of quo minus, was a writ and legal fiction which allowed the Court of Exchequer to obtain a jurisdiction over cases normally brought in the Court of Common Pleas. ...

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 The Supreme Court of Judicature Act 1873 ( 36 & 37 Vict. c. 66) (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 an ...

, 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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...

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 ('' ...

of 16 December 1880. At this point, the Common Pleas formally ceased to exist. The number of Justices at any one time varied; between 1377 and 1420 there were generally four, switching to five from 1420 to 1471. From 1471 onwards, the number was fixed at 3. This changed in the 19th century; provisions were made for the appointment of a Fourth Justice and Fifth Justice in 1830 and 1868 respectively. From the start of the 14th century, Justices were appointed via

letters patent Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...

made under the Great Seal, and held their appointments "under the pleasure of the King".Sainty (1993) p.21 Justices received the same remuneration as judges of the

and

; £1,000 in 1660, increased to £2,000 in 1759 and £4,000 in 1809. From 1799, pensions were also awarded to retiring Justices.

List of Justices

References

Bibliography

* * * * * {{Judiciary of England and Wales Justice of the Court of Common Pleas Justice of the Court of Common Pleas