Sources |
- [source4071139688] Kit Brown, http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=PED&db=:3017071&id=I585459993
Kit's Ancestors, (Publication Date: 19 NOV 2004
Media: Website / URL).
- [source4071146216] Robert Hill in Justice of the Common Pleas From Wikipedia, the free encyclopedia, (Publication Date: 20 NOV 2020
Media: Website / URL).
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law 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, with splits forming during the 1190s and the division becoming formal by the beginning of the 13th century.[1] 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 King's Bench (authorised to hear cases involving the King), but with the Writ of Quominus 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.[2] 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 Common Pleas formally ceased to exist.[3]
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.[4] From the start of the 14th century, Justices were appointed via letters patent made under the Great Seal, and held their appointments "under the pleasure of the King".[5] Justices received the same remuneration as judges of the Exchequer of Pleas and Court of King's Bench; £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
Name Born/Died Active service Reason for termination Notes
Simon of Pattishall d. c. 1217 1190 – 1206 Became Chief Justice of the Common Pleas [7]
Thomas of Moulton d. 1240 1224 – 1229 Became Chief Justice of the Common Pleas [8]
Robert of Lexinton d. 1250 1227 – 1236 Became Chief Justice of the Common Pleas [9]
William de Raley d. 1250 1229 – 1233 Became Chief Justice of the Common Pleas [10]
Robert of Nottingham d. 1245 1245 Died in office [11]
Henry of Bath d. 1260 1238 – 1241 Went on a trip to Ireland and was made Chief Justice of the Common Pleas when he returned [12]
Roger of Thirkleby d. 1260 1242 – 1249 Became Chief Justice of the Common Pleas [13]
Gilbert of Preston c. 1209 – 1274 1240–1260 Became Chief Justice of the Common Pleas
Roger of Seaton c. 1230 – c. 1280 1270 – 1274 Became Chief Justice of the Common Pleas [6][14]
Stephen Heym d. 1275 1271 – 1274 Died between sessions [6]
Robert Fulks 10 April 1271 – 1274 [6]
Ralph de Hengham c. 1235 – 18 May 1311 1273 – 1274 Became Chief Justice of the King's Bench [6][15]
William Weyland d. 25 March 1274 1273 – 1274 Died [16]
John Cobham 1273 – 1276 Became a Baron of the Exchequer [16]
Richard de Stanes d. 1277 1274 – 1276 Became Chancellor of the Exchequer [16]
Thomas Weyland c. 1230 – January 1298 1274 – 1278 Became Chief Justice of the Common Pleas [16][17]
John de Lovetot d. 1294 1275 – 1289 Disgraced after failing to prevent Thomas Weyland from altering court documents [16][18]
Ralph de Farningham 1275 – 1278 [16]
Roger de Leicester 1276 – 1289 Removed for "extortion and other judicial crimes" [16][19]
Walter de Helyun 1278 – 1281 [16]
William de Brompton 1278 – 1289 Removed and imprisoned in the Tower of London for "corruption in his office". [16][20]
Elias Beckingham d. 1307 14 October 1285 – 1307 Died [16]
Robert Hertford 15 January 1290 – 1294 [16]
William Gisleham d. January 1293 15 January 1290 – January 1293 Died [16]
Robert Thorp d. 1291 15 January 1290 – 1291 Died [16][21]
William Bereford 7 February 1292 – 1309 Becomes Chief Justice of the Common Pleas [22]
Peter Mallore d. 1311 28 August 1292 – 1308 [22]
William Howard d. 1308 8 October 1297 – 24 August 1308 Died [22]
Lambert de Trickingham 1300 – 1316 Became a justice of the King's Bench [22]
Henry de Guldeford 22 November 1305 – 1306 [22]
Hervey de Stanton c. 1260 – November 1327 20 April 1306 – 28 September 1314 Became a Baron of the Exchequer [22][23]
Henry le Stanton 20 November 1308 – 15 June 1317
5 February 1327 – 28 October 1329 Became Chief Justice of the King's Bench
Again appointed Chief Justice of the King's Bench [22]
John de Benstede d. 1323 6 October 1309 – 16 October 1320 Retired [22][24]
William de Bourne 6 October 1309 – ? [25]
William Inge c. 1260 – May 1322 23 January 1313 – 1316 Became Chief Justice of the King's Bench [25][26]
John Bacon c. 1250 – c. 1323 29 February 1313 – 16 October 1320 [25][27]
Gilbert de Rothbury c. 1260 – 1321 10 March 1316 – 1321 Died [25][28]
John Mutford c. 1258 – 1329 20 April 1316 – 1329 Died [25][29]
John Doncaster d. 1331 5 June 1319 – 15 October 1320 [25]
William Herle c. 1270 – 1347 6 August 1320 – 29 January 1327 Became Chief Justice of the Common Pleas [25][30]
John Stonor c. 1281 – August 1354 6 August 1320 – 22 February 1329
1 April 1331 – 7 July 1335 Became Chief Baron of the Exchequer
Became Chief Justice of the Common Pleas [25][31][32]
John de Bourchier 31 May 1321 – 1329 [25]
Walter Friskeney 9 July 1323 – 3 May 1324
31 January 1327 – 6 March 1327 Became a Justice of the King's Bench
Became a Justice of the King's Bench [33]
Geoffrey le Scrope d. 2 December 1340 27 September 1323 – 21 March 1324 Became Chief Justice of the King's Bench [33][34]
Henry le Scrope c. 1268 – 7 September 1336 5 February 1327 – 28 October 1329 Became Chief Justice of the King's Bench [33][35]
Richard Willoughby c. 1290 – 14 March 1362 6 March 1328 – 22 December 1330
9 October 1340 – November 1341
20 November 1343 – 1357 Became a Justice of the King's Bench
Arrested for corruption
Retired [33][36]
John Travers 2 March 1329 – April 1331 Became Chief Justice of the King's Bench [33]
Thomas Bacon d. 1336 30 December 1329 – 28 January 1332 Became a Justice of the King's Bench [33]
Robert de Malberthorp d. 1332 18 January 1331 – October 1331 Retired [33]
John Cambridge d. 1335 18 January 1331 – October 1334 Retired [33]
John Inge 18 January 1331 – October 1340 [31]
John Shardelow d. 5 March 1344 29 January 1332 – October 1340
16 May 1342 – 5 March 1344
Died [31]
Richard de Aldeburgh 29 January 1332 – October 1340
16 May 1342 – 5 March 1344
Died [31]
William de Shareshull 1289/90 — 1370 30 May 1333 – 20 March 1334
14 May 1334 – 1340
1346 – 1350 Became a Justice of the King's Bench
Removed by Edward III
Became Chief Justice of the King's Bench [31][37]
John de Trevanion 24 September 1334 – 1334 Died [31]
William Basset 1337 – 28 October 1341 Died [31]
Roger Hillary d. 1356 18 March 1337 – 8 January 1341
4 June 1432 – 20 February 1354 Became Chief Justice of the Common Pleas in Ireland
Became Chief Justice of the Common Pleas [31][38]
William Scott d.1352/6 18 March 1337 – 2 May 1339 Became a Justice of the King's Bench [39][40]
James Woodstock d. 1341 4 February 1340 – 3 January 1341 Died [39]
Robert Parving 23 May 1340 – 24 June 1340 Became Chief Justice of the King's Bench [39]
Thomas de Heppecotes 8 January 1341 – 1342 [39]
Richard de Kelleshull 30 May 1341 – 1354 Retired [39]
Adam Stonegrave 28 October 1341 – 10 January 1342 Became a Justice of the King's Bench [39]
John Stouford d. 1359 25 May 1345 – June 1357 [39][41]
Thomas Fencotes 14 January 1348 – 30 March 1354 Retired [42]
Henry Green d. 1369 6 February 1354 – 1361 Became Chief Justice of the King's Bench [42][43]
Thomas Seton d. 6 May 1360 1355 – 6 May 1360 Died [42]
Henry Mutlow 4 July 1357 – 1361 [42]
John Mowbray 11 July 1359 – 1373 [42]
William Skipwith c. 1320 – c. 1398 25 October 1359 – 25 June 1361
8 October 1376 – 1388 Became Chief Baron of the Exchequer
Retired [44][45]
John Knyvet d. 1381 24 June 1361 – 29 October 1365 Became Chief Justice of the King's Bench [44][46]
John Delves 3 February 1364 – 1365 [44]
William Fyncheden d. 1374 29 October 1365 – 14 April 1371 Became Chief Justice of the Common Pleas [44][47]
William Witchingham 29 October 1365 – 1377 [44]
Roger de Kirton d. 7 December 1383 27 November 1371 – 1380 [44][48]
John Cavendish 27 November 1371 – 15 July 1372 Became Chief Justice of the King's Bench [44]
Roger Fulthorpe 27 November 1371 – 1388 [44]
Henry Percy 26 November 1377 – 1380 [44]
Henry Asty d. 1383 6 December 1380 – 1383 Died [49]
John Burgh 4 November 1383 – 1388 [49]
John Holt d. 1418 4 November 1383 – 1388 [49]
William Thirning 11 April 1388 – 15 January 1396 Became Chief Justice of the Common Pleas [49]
William Rickhill d. 1407 20 May 1389 – 1407 Died [49]
John Wadham d. 27 July 1412 20 May 1389 – 10 May 1398 Retired [49][50]
Richard Sydenham 20 May 1389 – 1396 [49]
John Markham d. 31 December 1409 7 July 1396 – 1408 Died [49]
William Hankeford c. 1350 – 12 December 1423 6 May 1398 – 29 March 1413 Became Chief Justice of the King's Bench [49][51]
William Brenchley d. 20 May 1406 6 May 1398 – 20 May 1406 Died [49]
John Cokayn d. 1429 14 May 1405 – 1429 Died [52]
John Colepeper d. 30 August 1414 17 June 1406 – 30 August 1414 Died [52]
Robert Hill d. 1425 14 May 1408 – 1423 [49]
- [source4071146217] Sir Robert Hill in record of his son - Medieval MP: Robert Hill (c.1391-1444) of Shilston, Devon. from The History of Parliament, (Publication Date: 20 NOV 2020
Media: Website / URL).
Robert Hill came from a family of important men-of-law of Devon origins. Both his father, Sir Robert (d.1425), and his maternal grandfather, Sir John Wadham (d.1412) were justices of the court of common pleas, in the middle ages one of the two principal royal law courts based in Westminster Hall. Robert himself did not actively practise the law, but was instead able to use the wealth he had inherited from his father to live the life of a landed gentleman. He cut his military teeth in the French wars in 1423, serving under Thomas Beaufort, duke of Exeter, and went on to hold office as sheriff of his county for a term of 15 months in 1428-30, before representing Devon in the Commons in 1442.
Not long before taking his seat, Hill had become embroiled in an acrimonious quarrel over fishing rights in the river Erme between Ugborough and Ermington. Another legal acquaintance, the future Chief Justice John Fortescue, had acquired a 20-year-lease of these rights, and had sub-let them to Hill. Their monopoly was not, however, recognised by one of the most powerful landowners in the vicinity, Sir William Bonville. By custom, the proprietors (or lessees) of the fishery were entitled to access it across the landholdings of the tenants of the manors on either side of the river, but on 23 November 1440 Hill found his access blocked by a party of Bonville men, headed by Walter Raleigh, (an ancestor of the better-known Elizabethan seafarer) who claimed to be protecting their master’s property, and had helped themselves to Hill’s fish, said to have included 100 salmon, 200 bass, 200 trout and 200 other fish. Their exchange grew heated, but Hill and his men retained the upper hand, succeeded in disarming Raleigh and his followers, and – to add insult to injury – unceremoniously pitched Raleigh head-first into the river. The dispute exercised the royal law courts for a number of years, but it is likely that Hill sought election to his only Parliament precisely with the intention of seeking an outcome there.
Eventually, the matter was put to arbitration, but it is possible that from prior experience Hill had mixed feelings about this way forward. A few years earlier, in 1435, he himself had been asked to arbitrate in a dispute between two of his neighbours, but on this occasion the agreement of the parties to submit to his verdict had carried the curious stipulation that should no other evidence be forthcoming, the arbiter should examine a certain soothsayer over the matter. This soothsayer would be brought to Shilston for this purpose, and in such a way as to prevent the parties from influencing him beforehand. If there had ever been any notion of involving similar practitioners over the question of the Ermington fishery, it came to nothing, since Hill died apparently suddenly in the spring of 1444, and aged not much over 50.
- [source4071146218] Hill [Hull], Robert in Oxford Dictionary of National Biography, (Publication Date: 30 JAN 2021
Media: Website / URL).
Hill [Hull], Robert (d. 1423x5), justice, was one of a west-country family that included several lawyers in the later fourteenth and early fifteenth centuries. His father was perhaps also called Robert. The relationship of the Hills to each other is not always clear, and particular care is needed to distinguish the judge from his contemporary namesake,
Shows marriage of daughter to Robert Hill
https://babel.hathitrust.org/cgi/pt?id=yale.39002002213917&view=1up&seq=500&size=175
- [source4071146215] LZXY-MCQ
FamilySearch.org, (Publication Date: 03 MAR 2023
Media: Website / URL).
|