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Common Pleas
In 5–7 common place.
[repr. Anglo-Fr. communs pletz, also plez, plaiz, plais, pl. of plait (plaid, plai, ple):—L. placitum: see plea, plead. As to the sense in which common is taken, see quots. 1236, 1768.]
Civil actions at law brought by one subject against another. Used chiefly in connexion with, or as a contraction of, Court of Common Pleas, the name of a court for the trial of civil causes, formerly one of the three superior courts of common law in England. This court, long seated at Westminster, was abolished in 1875; it was represented by the Common Pleas Division of the High Court of Justice until 1880, when that division was merged in the King's (or Queen's) Bench Division.
In earlier times the name of the court appears in the form Common Place; like the synonyms Common Bench, Common Bank, Court of C.B., used interchangeably with it down to 16th c., this name may have originally had nothing to do with the word pleas (? had it any reference to the certo loco of the Great Charter), but some confusion between pleas and place is evident at least in the 16th c.
[1215Magna Carta §17 Communia placita non sequantur curiam nostram sed teneantur in aliquo certo loco. 1236–7Bracton's Note-bk. (1887) II. 227 Et quamvis communia placita..non sequantur dominum regem, non sequitur..quin aliqua placita singularia sequantur ipsum dominum regem. c1290Britton i. i. §8 Qe Justices demurgent continuelment a Westmoster..a pleder communs pletz solum ceo que nous les maunderoms par nos brefs. 1300Placit. Abbrev. 283 Communia placita teneantur in certo loco, hoc est in banco.] c1430Lydg. Lond. Lyckpeny iv, Vnto the common place I yode thoo, Where sat one with a sylken hoode. c1460Fortescue Abs. & Lim. Mon. xv. (1885) 146 Þe Justices off þe kynges benche, and off þe Common place. [1503Act 19 Hen. VII, c. 9 As well before the King in his Bench as in his Court of his Common Bench.] 153123 Hen. VIII, c. 6 The Chief Justice of the King's Bench and the Chief Justice of the Common Pleas. 154537 Hen. VIII, c. 19 In the Kings Court of his Common Place at Westminster..before the Kings Justices of his Common place. 1550Crowley Last Trump. 961 If thou be iudge in commune place..or other courte. 1613Sir H. Finch Law (1636) 240 The Common place which dealeth properly with common Pleas. 1628Coke On Litt. 71 b, They erre, that hold that before the Statute of Magna Charta there was no Court of common Pleas. a1634― 4th Inst. 99 Common Pleas..this court being the lock and key of the common law. 1768Blackstone Comm. III. 40 Pleas or suits are regularly divided into two sorts; pleas of the crown..and common pleas, which include all civil actions depending between subject and subject. 1844Ld. Brougham Brit. Const. xix. §6 (1862) 353 The Common Pleas cannot try a question of corporate right.
b. U.S.
1828Webster s.v. Common, In some of the American states, a court of common pleas is an inferior court, whose jurisdiction is limited to a county, and it is sometimes called a county court. It has jurisdiction of civil causes and of minor offenses; but its final jurisdiction is very limited. [In other cases, it has both civil and criminal jurisdiction over the whole state.] |