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Encyclopedia Britannica



COMMON PLEAS, COURT OF

This article appears in Volume V06, Page 779 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: CLI-COM
COMMON PLEAS, COURT OF , formerly one of the three
English
  common law courts at Westminsterthe other two being the king's bench and
exchequer
 . The
court
  of common pleas was an offshoot of the Curia Regis or king's council. Previous to Magna Carta, the king's council, especially that portion of it which was charged with the management of judicialand revenue business, followed the king's person. This, as far as private litigation was concerned, caused
great
  inconvenience to the unfortunate suitors whose plaints awaited the attention of the
court
 , for they had, of necessity, also to follow the king from place to place, or lose the opportunity of having their causes tried. Accordingly, Magna Carta enacted that common pleas (communia placita) or causes between subject and subject, should be held in some fixed place and not follow the court. This place was fixed at Westminster. The court was presided over by a
chief
  (capitalis justiciaries de communi banco) and four puisne
judges
 . The
jurisdiction
  of the common pleas was, by the Judicature Act 1873, vested in the king's bench division of the High Court of
Justice
 .


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