1440. Sir John Hody. April 30. 1442. Sir John Fortescue. Jan. 25. 1462. Sir John Markham. May 13. 1469. Sir Thomas Billing. Jan. 23. June 15: confirmed to him Oct. 11, 1656.Whitelocke. 1659. Sir Richard Newdigate, chief justice of the "upper bench," vice Glyn. Jan. 27. 1660. Sir Robert Foster, from common pleas. Oct. 23. 1663. Sir Robert Hyde, from common pleas. Oct. 19. 1665. Sir John Kelynge, one of the justices. Nov. 22. 1671. Sir Matthew Hale. May 18: he resigned in 1676; and died on Christmas-day following. 1482. Sir William Husse or Hussey, knt. May 7. 1676. Sir Richard Raynsford (previously of the 1496. Sir John Fineux. Nov. 24. 1526. Sir John Fitz-James. Jan. 23. 1559. Sir Robert Catlyn, from the common pleas. 1573. Sir Christopher Wray, knt. (one of the justices of the common pleas). Nov. 13. 1591. Sir John Popham, knt. June 2. exchequer, and one of the justices). 1678. Sir William Scroggs, from the common Sir George Jeffreys, bart. Sept. 29: 1685. Sir Edward Herbert. Oct. 22 afterwards removed to the common pleas. 1687. Sir Robert Wright, from the common pleas. April 21. 1689. Sir John Holt. Patent, April 17: he continued chief justice during this reign and a great part of the next. 1607. Sir Thomas Fleming, or Flemynge, from 1709. Sir Thomas Parker. March 13 exchequer. June 25. 1613. Sir Edward Coke, knt. (from common after wards created lord Parker and earl of Macclesfield. Lord chancellor in 1718. Sir John Pratt (one of the justices). May 19. 1718. 1737. Sir William Lee, knt. June 9: became a Sir Dudley Ryder (previously attorneygeneral). May 2. 1624. Sir Ranulph Crewe, knt. Jan. 28. 1754. 1756. William Murray, lord Mansfield. Nov. 8: created earl of Mansfield in 1776: Lloyd, lord Kenyon (master of the rolls). "He always sat in triumph over, and in contempt of vice; he never searched after it, or spared it when it came before him; and could see through the hypocrisy of those who have no pretence to virtue themselves, but by their severity to the vicious. He considered justice as a cardinal virtue, not as a trade for maintenance. The criminal before him was always sure that he stood before his country, and, in sort, before a parent of it. The prisoner knew that though his spirit was broken with guilt, and he could utter no defence, yet that he was not undefended, for that his judge would be his counsel also, and would wrest no law to destroy him, nor conceal any law that might save him."— Sir Richard Steele. 2 Lord Mansfield is esteemed one of the most eminent judges that ever adorned the bench. In detecting remote analogies, and extracting, by the aid of a refined logic, from the doctrines of our old law, general principles, and applying them in the determination of questions unknown to our ancestors, he displayed a reach of mind and extent of knowledge that won him a high place. Sketches of the Judges. "Lord Mansfield," said Lord Thurlow, "was a surprising man. Ninety-nine times out of a hundred, he was right in his decisions; and when one in a hundred times he was wrong, ninety-nine men out of a hundred could not discover it." It is believed that before he was raised to the bench, he had the opportunity offered to him of becoming the head of the cabinet; and afterwards the great seal was repeatedly pressed upon his acceptance; but he declined both diguities. 1802. Sir Edward Law (attorney-general). | 1832. Sir Thomas Denman. Nov. 7: created April 12; created lord Ellenborough; resigned in Nov. 1818: died Dec. following. 1818. Sir Charles Abbot (one of the justices; previously from common pleas). Nov. 1850. lord Denman, March 1834. Retired, Rt. hon. John, lord Campbell. March 5. 4. Afterwards lord Tenterden. PUISNE JUDGES OF THE KING'S BENCH OF ENGLAND. 1250. Alanus de Zouch: lord mayor of London | 1355. Thomas de Seton; afterwards chief justice. 1289. Ralph de Sandwic. William Cheyne; afterwards chief justice. 1424. John Halls. 1426. William Westbury 1434. William Goderede. 1444. John Markham; afterwards chief justice. William Yelverton. 1452. Ralph Pole. 1457. Richard Bingham; afterwards sir Richard. 1465. Thomas Billing; afterwards chief justice. 1466. William Lakene. 1471. Sir Richard Bingham, knt. Richard Neele. 1290. Roger le Brabazon; afterwards chief jus- 1472. John Needham. tice. Robert Malet, or Mallet. 1294. John Lovel. 1296. William de Ormesby. 1308. Gilbert de Roubury. Henry Spigurnell 1476. Thomas Young. 1478. Guido Fairfax. 1485. John Sulyard or Sulliard. 1496. Robert Read. 1316. Geoffrey le Scrope, afterwards chief jus- 1507. Robert Brudnell or Brudenell. tice. 1317. Lambert de Trikingham. 1510. Humfrey Coningsby. 1522. John Fitz-James, afterwards chief justice. 1321. Robert de Malberthorpe; afterwards chief 1533. William Luke. justice. 1322. Galfredus de Say. William de Dive. 1324. John de Stonore. 1325. Walter de Friskeney. Sir John Spelman, knt. 1541. John Port. William Coningsby. Edward Mervin. 1544. Robert Brooke or Broke. 1329. Robert de Malberthorpe; chief justice in 1545. Thomas Bromley, afterwards sir Thomas, 1330. Robert Baynard. 1331. Geoffrey Edenham. and chief justice. 1547. William Portman, afterwards chief justice. 1553. John Whyddon. Richard de Wyllughby; afterwards chief 1557. Francis Morgan. Jan. 23. 1601. Christopher Yelverton, afterwards sir Christopher. 1605. Laurence Tanfield, afterwards knt. 1612. Sir John Doderidge, knt. 1624. Sir William Jones, from the common pleas. Sir James Whitelock. 1625. Sir Henry Yelverton, knt. 1628. Sir George Croke, from common pleas. 1632. Sir Robert Berkeley, knt.: removed. Taken off the bench.- Whitelocke. 1640. Sir Robert Heath, afterwards chief justice. 1641. Sir Thomas Mallet: removed by a vote of the parliament in 1645. 1642. Sir Francis Bacon. 1643. Sir Robert Brerewood. 1645. Henry Rolle, under the parliament; afterwards chief justice. 1648. Philip Jermin, and Samuel Browne.-Whitelocke. 1649. [Justice Bacon and justice Brown refused (with judges of other courts) to act under the new commission. Feb. 8.Whitelocke.] Robert Nicholas, and Richard Ask. June 1.-Idem. 1654. Richard Newdigate, afterwards removed. [It appears that there now sat three judges in this court.] 1656. Peter Warburton: removed in 1659. Richard (now sir Richard) Newdigate, again. Jan. 17. 1659. Robert Nicholas, and Roger Hill, in the room of Newdigate (now made chief justice) and Warburton. -Whitelocke. 1660. Sir Thomas Mallet, knt., restored by Charles II.: dispensed with in June 1663. Sir Thomas Twisden. July 2: dispensed with in 1678; "but continued judge until his death in Jan. 1682."— Raymond. Sir Wadham Wyndham. Nov. 26. 1663. Sir John Kelyng, knt. June 23. 1665. Sir William Morton, knt. Nov. 24. 1669. Sir Richard Raynsford. Feb. 19: afterwards chief justice. 1673. Sir William Wylde, knt. and bart., from the common pleas: removed April 29, 1679. 1676. Sir Thomas Jones, knt. April 13. 1678. Sir William Dolben. Oct. 23; third justice. May 1679. Sir Francis Pemberton, rice Wylde. 5; removed Feb. 17, 1680. 1680. Sir Thomas Raymond. Feb. 29; superseded April 20, 1683. 1683. Sir Francis Wythens, knt. April 23. Sir Richard Holloway or Halloway, knt. Sept. 25; removed June, 1688. Sir Thomas Walcot, knt. Oct. 22. 1685. Sir Robert Wright, from the exchequer, Sir Robert Baldock, knt.; same date. 1689. Sir William Dolben. March 18; now second justice. Sir Giles Eyre, knt. May 8. Sir William Gregory, knt., from the exchequer; same date. 1694. Sir Samuel Eyre, knt. Feb. 19. 1695. Sir Thomas Rokeby, knt., from the common pleas. Oct. 25. 1696. Sir John Turton, knt., from the exchequer. July 1; superseded June 9, 1702. 1699. Sir Henry Gould, knt. Jan. 14. 1700. Sir Lyttelton Powys, from the exchequer Jan. 28; resigned Oct. 1725. 1702. Sir John Powell, jun. knt. (previously baron of the exchequer, now from the common pleas). Jan. 28. 1710. Sir Robert Eyre, knt. vice Powell. May 7; afterwards chief baron and chief justice of the common pleas. 1713. Sir Thomas Powis, knt. June 3; superseded Oct. 14, 1714. 1714. Sir John Pratt, knt. vice Powis. Nov. 22; made chief justice May 1718. 1718. 1724. Sir John Fortescue Aland, vice Pratt. May 15 removed to the common pleas in 1729; and created lord Fortescue, of Credan, in Ireland, in 1746. Sir Robert Raymond, knt. vice Eyre. Jan. 31: afterwards chief justice, and created lord Raymond. 1725. Sir James Reynolds, sen., knt. vice Raymond. March 16; afterwards chief baron. 1726. Sir Edmund Probyn, knt. Nov. 7; afterwards chief baron. 1727. Sir Francis Page, knt. (formerly of the exchequer, now from the pleas). Oct. 13. common 1730. Sir William Lee, knt. and bart. June 13; afterwards chief justice. 1737. Sir William Chapple, knt. vice Lee. June 16. 1740. Sir Martin Wright, from the exchequer, vice Probyn. Nov. 24; resigned 1755. 1742. Sir Thomas Denison, knt. Feb. 11. 1745. Sir Michael Foster, knt. April 22. 1755. Sir John Eardley Wilmot, knt. Feb. 11; 1 Justice Wilmot, while trying a case at Worcester, in 1755, had a narrow escape of his life, but he happily lived to be long an ornament to the bench, and chief justice of the common pleas. The following account is given by the judge himself: "A strong wind blew down the roof of the court, but, as I sat up close to the wall, I escaped without hurt. Mr. Lawes (sir Eardley's secretary) is killed; two of the jurymen, who were impannelled in the cause before me, are also killed, and they are carrying dead and wounded bodies out of the ruins still " The judge was summing up the evidence when the fatal accident occurred, and most of the counsel were gone; of those who remained, were four, who afterwards obtained the honours of the bench. afterwards made chief justice of the common pleas. 1761. Sir Joseph Yates, knt., third justice. Jan. 23: removed to the common pleas in 1770. 1765. Sir Richard Aston, knt., second justice. April 24: resigned; died 1778. 1766. James Hewitt, fourth justice. Nov. 5; made lord chancellor of Ireland in 1767, 1816. Sir George Sowley Holroyd. Feb. 20. and created lord Lifford, of Lifford, in 1824. Sir Joseph Littledale. May 4: retired Feb. 6, 1841. 1828. Sir James Park. Nov. 18: afterwards to the exchequer. 1778. Sir Francis Buller, knt., afterwards bart., 1830. [By act 1, William IV. cap. 70 (July 23, Sir William-Elias Taunton. Nov. 12. 1834. Sir John Williams. April 29. 1787. Sir Nash Grose, knt., vice Willes. Feb. 9. 1794. Sir Soulden Lawrence (from the common pleas). June 19: afterwards to the common pleas again. 1799. Sir Simon Le Blanc. June 5. Sir John Taylor Coleridge. Jan. 27. 1808. Sir John Bayley. May 9: removed to the exchequer in 1830. Marked thus are the present (1851) Puisne Justices of this court. THE COURT OF COMMON PLEAS. THIS Court, when first instituted, was kept in the king's own palace, distinct from the court of king's bench, but on the confirmation of Magna Charta by King John, in 1215, it was fixed at Westminster. Here all controversies, in matters civil, between subject and subject, are determined according to law. Here, also, fines were levied and recoveries suffered (and in no other court) until the passing of the act, 3rd and 4th William IV. cap. 74, which altered the law relating to real property, and simplified the remedies for trying the rights thereto. Soon after the fixing of this court at Westminster, such a multitude of causes were brought before it, that the king, for the greater dispatch of business, found it necessary, instead of three, to constitute six judges, whom he appointed to sit in two places. The number was subsequently reduced to four; but by the late act, 1 William IV. cap. 70, the number was increased (as in the other law courts) to five. No barrister under the degree of serjeant could formerly plead in this court. An act, however, was passed, 9 and 10 Victoria, cap. 54 (Aug. 18, 1846), "extending to all barristers practising in the superior courts at Westminster, the privileges of serjeants-at-law in the Court of Common Pleas." The Chief Justice holds his appointment by letters-patent from the crown, quam diu se bene gesserit. He ranks immediately before the chief baron of the exchequer, and after the lord chief justice of England and the master of the rolls. CHIEF JUSTICES OF THE COMMON PLEAS. 1227. Robert de Lexinton, prebend of Southwell. | 1328. William de Herle. Feb. 4. 1235. Thomas de Muleton. 1330. John de Stonore. Sept. 3. 1332. William de Herle, again chief, and John de Stonore, second justice. March 2. 1355, Roger Hillary, again. Feb. 10. 1378. Sir Robert de Preston. Oct. 5. 1388. Robert de Carleton. Jan. 30. 1396. William Thyrnynge. Jan. 15. 1414. Richard Norton. June 26. 1423. William Babington, from the exchequer. May 5. 1427. John Ïvyn, from the exchequer. Feb. 9. 1440. Richard Newton. March 27. Richard Choke. Sept. 5. 1471. Sir Robert Danby, knt., again. 1472. Thomas Bryan, May 29. 1501. Thomas Wood. Oct. 28. 1507. Sir Robert Read, knt. April 26. 1546. Sir Edward Montague, knt. 1582. Sir Edmund Anderson, knt. May 2. 1605. Sir Francis Gawdy, from the king's bench. Aug. 26. 1613. Sir Henry Hobart, bart. Oct. 26. 1626. Sir Thomas Richardson, knt. Nov. 28: afterwards to the king's bench. 1687. Sir Robert Wright (previously baron, and one of the justices). April 16: immediately afterwards made chief justice of the king's bench. 1687. Sir Edward Herbert (previously chief justice of the king's bench). April 21.— Salmon. 89. Sir Henry Pollexfen. May 6. 92. Sir George Treby. May 2. 1701. Sir Thomas Trevor. July 5: afterwards created lord Trevor: superseded, Oct. 1714. 1714. Sir Peter King. Oct. 27: afterwards lord King, and lord chancellor. 1725. Sir Robert Eyre. June 1: he was previously a justice of the king's bench, and chief baron of the exchequer. Bunbury's Reports. 1736. Sir Thomas Reeve, one of the justices. Jan 26: died Jan. 13, 1737.— Bunbury. 1737. Sir John Willes. Jan. 28: afterwards a commissioner of the great seal. 1761. Sir Charles Pratt, knt. Nov. 7: afterwards lord Camden, and lord chancellor. 1766. Sir John Eardley Wilmot (from the king's bench). Aug. 21: resigned 1771. 1771. Sir William De Grey: Jan. 26: resigned June 1780, and created lord Walsingham, Oct. following. 1780. Alexander Wedderburne. June 14; created lord Loughborough same time; lord chancellor Jan. 1792; and earl of Rosslyn April, 1801. 1606. Sir Edward Coke 1, knt. June 20: afterwards to the king's bench. 1793. 1799. 1631. Sir Robert Heath, knt. charged Sept. 1634. Oct. 27 dis He afterwards went to the king's bench, whence he Sir James Eyre, knt. (previously a baron and chief baron of the exchequer). Feb. 11: died July 1799. Sir John Scott (attorney-general). July 18: created lord Eldon; afterwards lord chancellor, and earl of Eldon. was removed by a vote of the par- 1801. Sir Richard Pepper Arden (master of the liament. 1634. Sir John Finch, knt. Oct. 16; afterwards lord keeper: fled beyond the sea.Dugdale. 1639. Sir Edward Lyttleton. Jan. 27: afterwards lord Lyttleton, and lord keeper. 1640. Sir John Bankes, knt. Jan. 29: died Dec. 1644.- Peck's Desid. Curios. [The chief justiceship was not filled up until the end of the reign.- Woolrych.] 1648. Oliver St. John, esq. Oct. 12.-Whitelocke. 1660. Sir Orlando Bridgman (previously chief baron). Oct. 24: afterwards lord keeper. 1668. Sir John Vaughan, knt. May 23. 1675. Sir Francis North, knt. Jan. 23 made lord keeper, and created lord Guildford. 1683. Sir Francis Pemberton. Jan. 22: from the king's bench: removed hence Sept. same year. Sir Thomas Jones (one of the justices). 1686. Sir Henry Bedingfield. April 21: died the next year. 1804. 1814. rolls). May 22; created lord Alvanley: died March, 1804. Sir James Mansfield, knt. April 21: surrendered Feb. 1814. Sir Vicary Gibbs, knt. (previously one of the justices, and chief baron of the exchequer). Feb. 24: resigned Oct. 1818. 1 This great man's learning as a lawyer and wisdom as a judge have been universally recognized: his writings are among our Text-books. Attached to the law, whose very spirit is freedom, Coke was, during the course of his judicial career, brought frequently into collision with his master, James I., whose selfish love of prerogative induced him to transgress, as well the dictates of prudence, as the principles of the constitution. He declaimed with great spirit against the court measures, and ascribed to Buckingham all the calamities of the nation. He was discharged from his office of chief justice of the king's bench in 1616, and never recovered the favour of James again. Illust. of Judges. |