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Justice of the King's Bench

From Wikipedia, the free encyclopedia

The Justices of the King's Bench at work. This illuminated manuscript from about 1460 is the earliest known depiction of the English court.[1]

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]

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Transcription

List of justices

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]

References

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  2. ^ Turner (1977) p.248
  3. ^ Brougham (1828) p.10
  4. ^ Mackay (2002) p.603
  5. ^ Sainty (1993) p.20
  6. ^ a b Sainty (1993) p.21
  7. ^ Huscroft, Richard (2004). "Oxford DNB article: Staines, Richard of (subscription needed)". Oxford University Press. Retrieved 7 August 2010.
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  9. ^ Foss (1870) p.629
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  11. ^ Brand, Paul (2004). "Oxford DNB: Hopton, Sir Walter of (subscription needed)". Oxford University Press. Retrieved 7 August 2010.
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  14. ^ Brand, Paul (2004). "Oxford DNB article: Brabazon, Sir Roger (subscription needed)". Oxford University Press. Retrieved 10 August 2010.
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  28. ^ Edward Foss notes that, given his appointment as a Baron of the Exchequer on 24 September 1332, his entries in the plea rolls as a Justice of the Kings Bench are "nothing more than an order for his salary as a baron, the titles not being always clearly distinguished"
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  40. ^ a b c d e f g h i j k Sainty (1993) p.28
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  44. ^ Baker, J.H. (2004). "Oxford DNB article: Dyer, Sir James (subscription needed)". Oxford University Press. Retrieved 23 December 2010.
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  46. ^ a b c d e f g h i j k Sainty (1993) p.31
  47. ^ a b c d e f g h i j Sainty (1993) p.32
  48. ^ a b c d e f Sainty (1993) p.33
  49. ^ a b c d e f g h i j k Sainty (1993) p.34
  50. ^ a b c d e f g h i j k Sainty (1993) p.35
  51. ^ a b c d e f g h i j k Sainty (1993) p.36
  52. ^ a b c d e f g h i j k Sainty (1993) p.37
  53. ^ a b c d e f g h i j k Sainty (1993) p.38
  54. ^ a b c d e f g h i j k l Sainty (1993) p.39
  55. ^ a b c d e Sainty (1993) p.40

Bibliography

  • Ball, F. Elrington (2005). The Judges in Ireland, 1221-1921. The Lawbook Exchange, Ltd. ISBN 1-58477-428-2.
  • Brougham, Henry (1828). Present State of the Law. Lea & Carey. OCLC 213519284.
  • Foss, Edward (1870). A Biographical Dictionary of the Justices of England (1066–1870). Spottiswoode and Company. OCLC 181068114.
  • Mackay, James (2002). Halsbury's Laws of England. Vol. 10 (4th ed.). LexisNexis. ISBN 90-411-1742-3.
  • Sainty, John (1993). The Judges of England 1272 -1990: a list of judges of the superior courts. Oxford: Selden Society. OCLC 29670782.

See also

This page was last edited on 16 November 2023, at 17:15
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