Common Pleasn.

Brit.

/ˌkɒmən ˈpliːz/, U.S.

/ˌkɑmən ˈpliz/

Forms: 1500s–1700s Comon Pleas, 1500s– Common Pleas, 1800s Common Plea (singular). Also (in sense 1b) with lower-case initial.

Origin: A borrowing from French. Etymons: French communs pletz, commune plee.

Etymology: < Anglo-Norman and Law French communs pletz, communes pleez, comunes plees, etc., plural of commune plee, commun plait civil case in common law (1215 in a French translation of Magna Carta), court for civil cases in common law, also a session of this court (mid 14th cent. or earlier) < commun common adj. + plee , plait plea n.; compare post-classical Latin communia placita , plural (frequently from 12th cent. in British sources). The court for such pleas was so called because the proceedings were brought by one subject against another, as distinct from those in which the Crown had a financial interest. Compare earlier Common Place n.¹ and see discussion at that entry. Compare also earlier Common Bench n. and common court n. at common adj. and adv. Compounds 2.

a. With the. A court for the trial of civil cases brought by one subject against another, formerly one of the three superior courts of common law in England and Wales alongside the King's Bench and Court of Exchequer; = Court of Common Pleas at Phrases a. Cf. Common Bench n., common court n., Common Place n.¹ Now historical.

ΘΚΠ

society > law > administration of justice > judicial body, assembly, or court > [noun] > court for trial of civil cases

common courtc1400

Common Bench1414

Common Place?1433

Common Pleas1531

College of Justice1537

civil court1567

Common Bank1647

High Court1896

1531 23 Hen. VIII c. 6 The Chief Justice of the King's Bench and the Chief Justice of the Common Pleas.

a1634 E. Coke 4th Pt. Inst. Lawes Eng. (1644) 99 Common Pleas..this court being the lock and key of the common law.

1789 J. Morgan Ess. Law of Evid. II. 2 A practice took rise in the common-pleas, of granting new trials upon the mere certificate of the judge.

1875 Graphic 23 Oct. 403/2 There are 95 cases for hearing in the Exchequer, and 49 in the Common Pleas.

1899 A. Martin Civil Procedure at Common Law ii. 65 The original writ resembled the writ of debt, and was triable in the Common Pleas.

1998 C. W. Brooks Lawyers, Litigation & Eng. Soc. iii. 37 Nearly 30 per cent of all defendants in the Common Pleas in both 1640 and 1750 were described as yeomen or husbandman farmers.

b. In the English legal system: (originally) legal proceedings in which one subject brings an action against another, as distinct from those in which the Crown had a financial interest (cf. Pleas of the Crown). In later use: all civil as opposed to criminal proceedings, such as those concerning real property and the personal actions of debt, detinue, covenant, and account. Also occasionally in singular: a proceeding of this kind. Now historical.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > [noun] > common or civil proceedings

civil plea1548

Common Pleas1576

1576 T. Newton tr. L. Lemnie Touchstone of Complexions i. ix. f. 77^v This also both in publicke and pryuate matters, in common Pleas & domestical Affayres..oughte circumspectly to be obserued.

a1601 W. Lambarde Archion (1635) 25 Courts of Law, that have Jurisdiction of civill or common Pleas, arising betweene our owne subjects.

1768 W. Blackstone Comm. Laws Eng. 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.

1895 F. Pollock & F. W. Maitland Hist. Eng. Law II. 571 Trespass vi et armis, even when..it had become as civil an action as civil could be, was still not for every purpose a Common Plea, for, despite Magna Carta, it might ‘follow the King’.

1999 A. Musson & W. M. Ormrod Evol. Eng. Justice ii. 14 The intention appears to have been that common pleas ought only to be heard in established centres of royal justice.

2. U.S. With the. Any of various trial courts or state courts typically having general jurisdiction, specific to the judiciary of certain states; = Court of Common Pleas at Phrases b.

ΚΠ

1788 Columbian Mag. July 393/1 The Justices of the Common Pleas and the Magistrates.

1879 Cincinnati Commerc. 25 Oct. (Extra Sheet) 1/3 The suit of J.A. Jones against Ella R. Jones, for divorce, was heard in the Common Pleas yesterday.

1916 Univ. Pennsylvania Law Rev. & Amer. Law Reg. 65 118 The Orphans' Court decided in favor of C, but D proceeded with his attachment in the Common Pleas.

2006 Valley Independent (Monessen, Pa.) 3 Aug. 8 b/1 Sheriff Sale..Issued out of the Common Pleas of Washington County.

Phrases

Court of Common Pleas.

a. (The name of) a court for the trial of civil cases brought by one subject against another, formerly one of the three superior courts of common law in England and Wales alongside the King's Bench and Court of Exchequer. Now historical.The Court of Common Pleas, seated in Westminster, was abolished on 1 November 1875 following the Judicature Act of 1873, when the Supreme Court of Judicature came into being. Its business was then represented by the Common Pleas Division n. until this was merged into the King's (or Queen's) Bench Division in 1880.

ΚΠ

1577 R. Holinshed Chron. II. 1859/1 It was thought good..that the Courte shoulde sitte in Tuthill fieldes, where was prepared one plot of ground,..a stage beeyng set vp for the Judges, representing the Court of the common pleas.

1628 E. Coke 1st Pt. Inst. Lawes Eng. f. 71^v They erre, that hold that before the Statute of Magna Charta there was no Court of common Pleas.

1768 W. Blackstone Comm. Laws Eng. III. 273 Whatever the sheriff does in pursuance of this writ, he must return or certify to the court of common pleas.

1870 Daily Tel. 5 Jan. 6/4 Mr. William Till..to answer the charge of having committed wilful and corrupt perjury in the Court of Common Pleas.

2017 Environmental Law 47 261 In deciding in favor of Aldred, the Court of Common Pleas ultimately set in motion more than four hundred years of agricultural nuisance suits.

b. U.S. Any of various trial courts or state courts typically having general jurisdiction, specific to the judiciary of certain states.

ΚΠ

1692 Acts & Laws Massachussets-Bay 50 The Party Cast shall have Liberty to Appeal to the next Inferiour Court of Common Pleas, to be Holden for the same County.

1768 in Acts & Laws Colony of Rhode-Island (1772) 9 An Action of Trespass and Ejectment to the Inferior Court of Common Pleas, for the County where such Estate lies.

1809 Trans. Amer. Philos. Soc. 6 324 Natthan Wheeler esq. of Weston, one of the justices of the court of common pleas for the county of Fairfield, a gentleman of great respectability and undoubted veracity.

1947 Gettysburg (Pa.) Times 9 Apr. 3/5 (advt.) Any person claiming a reservatory or other interest in and to said real estate or any part thereof, may..petition the Court of Common Pleas of Adams County.

2019 Chron.-Telegram (Elyria, Ohio) 29 Apr. d5/3 PNC Bank, National Association filed its Complaint in the Court of Common Pleas, Lorain County, Ohio.

Compounds

C1. General uses as a modifier, as in Common Pleas Court, Common Pleas Judge, etc.

ΚΠ

1646 in W. Style Regestum Practicale (1657) 56 For it is not a fixt Court as the Common Pleas Court is, but removeable.

1790 Public Laws State S. Carolina 302 An Ordinance for appointing a new Jury List for the District of Cheraws, and to empower any one of the Judges out of the same to draw a Grand, Petit, and Common Pleas Jury.

1856 Cleveland (Ohio) Daily Herald 27 Nov. I shall expose to public sale at the door of the common pleas court house..the following described lands and tenements.

1928 N.Y. Times 6 Nov. 2/3 The three Common Pleas Judges of Hudson County..will be in court to hear applications from persons seeking court orders to take them of the ‘black-list’.

2003 Philadelphia Inquirer 16 May b1/1 The Philadelphia Bar Association..vetted all the candidates for Common Pleas Court in the city, did a thumbs-up on some, thumbs-down on others.

C2.

Common Pleas Division n. now historical and rare one of the three divisions of the High Court of Justice in England and Wales, established in 1875 and abolished in 1880 when it was merged into the King's (or Queen's) Bench Division.

ΚΠ

1873 Times 27 Feb. 9/4 A common motion for a new trial would come before three Judges, one of whom might be of the First, or Queen's Bench, Division, another of the Third, or Common Pleas, Division.

1879 Brit. Med. Jrnl. 27 Dec. 1030/1 In the Common Pleas Division, on Saturday, an application was made on behalf of Dr. Nowell, who recently brought an action to recover damages..for alleged false imprisonment in a lunatic asylum..for a rule calling upon Mr. Williams to show cause why there should not be a new trial.

2018 Internat. Jrnl. Law in Context 14 541 (caption) With the reform of the higher courts in 1875, he became a judge of the Common Pleas Division of the High Court.

This entry has been updated (OED Third Edition, June 2021; most recently modified version published online March 2022).

单词	common pleas
释义	Common Pleasn. Brit. /ˌkɒmən ˈpliːz/, U.S. /ˌkɑmən ˈpliz/ Forms: 1500s–1700s Comon Pleas, 1500s– Common Pleas, 1800s Common Plea (singular). Also (in sense 1b) with lower-case initial. Origin: A borrowing from French. Etymons: French communs pletz, commune plee. Etymology: < Anglo-Norman and Law French communs pletz, communes pleez, comunes plees, etc., plural of commune plee, commun plait civil case in common law (1215 in a French translation of Magna Carta), court for civil cases in common law, also a session of this court (mid 14th cent. or earlier) < commun common adj. + plee , plait plea n.; compare post-classical Latin communia placita , plural (frequently from 12th cent. in British sources). The court for such pleas was so called because the proceedings were brought by one subject against another, as distinct from those in which the Crown had a financial interest. Compare earlier Common Place n.¹ and see discussion at that entry. Compare also earlier Common Bench n. and common court n. at common adj. and adv. Compounds 2. 1. a. With the. A court for the trial of civil cases brought by one subject against another, formerly one of the three superior courts of common law in England and Wales alongside the King's Bench and Court of Exchequer; = Court of Common Pleas at Phrases a. Cf. Common Bench n., common court n., Common Place n.¹ Now historical. ΘΚΠ society > law > administration of justice > judicial body, assembly, or court > [noun] > court for trial of civil cases common courtc1400 Common Bench1414 Common Place?1433 Common Pleas1531 College of Justice1537 civil court1567 Common Bank1647 High Court1896 1531 23 Hen. VIII c. 6 The Chief Justice of the King's Bench and the Chief Justice of the Common Pleas. a1634 E. Coke 4th Pt. Inst. Lawes Eng. (1644) 99 Common Pleas..this court being the lock and key of the common law. 1789 J. Morgan Ess. Law of Evid. II. 2 A practice took rise in the common-pleas, of granting new trials upon the mere certificate of the judge. 1875 Graphic 23 Oct. 403/2 There are 95 cases for hearing in the Exchequer, and 49 in the Common Pleas. 1899 A. Martin Civil Procedure at Common Law ii. 65 The original writ resembled the writ of debt, and was triable in the Common Pleas. 1998 C. W. Brooks Lawyers, Litigation & Eng. Soc. iii. 37 Nearly 30 per cent of all defendants in the Common Pleas in both 1640 and 1750 were described as yeomen or husbandman farmers. b. In the English legal system: (originally) legal proceedings in which one subject brings an action against another, as distinct from those in which the Crown had a financial interest (cf. Pleas of the Crown). In later use: all civil as opposed to criminal proceedings, such as those concerning real property and the personal actions of debt, detinue, covenant, and account. Also occasionally in singular: a proceeding of this kind. Now historical. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [noun] > common or civil proceedings civil plea1548 Common Pleas1576 1576 T. Newton tr. L. Lemnie Touchstone of Complexions i. ix. f. 77^v This also both in publicke and pryuate matters, in common Pleas & domestical Affayres..oughte circumspectly to be obserued. a1601 W. Lambarde Archion (1635) 25 Courts of Law, that have Jurisdiction of civill or common Pleas, arising betweene our owne subjects. 1768 W. Blackstone Comm. Laws Eng. 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. 1895 F. Pollock & F. W. Maitland Hist. Eng. Law II. 571 Trespass vi et armis, even when..it had become as civil an action as civil could be, was still not for every purpose a Common Plea, for, despite Magna Carta, it might ‘follow the King’. 1999 A. Musson & W. M. Ormrod Evol. Eng. Justice ii. 14 The intention appears to have been that common pleas ought only to be heard in established centres of royal justice. 2. U.S. With the. Any of various trial courts or state courts typically having general jurisdiction, specific to the judiciary of certain states; = Court of Common Pleas at Phrases b. ΚΠ 1788 Columbian Mag. July 393/1 The Justices of the Common Pleas and the Magistrates. 1879 Cincinnati Commerc. 25 Oct. (Extra Sheet) 1/3 The suit of J.A. Jones against Ella R. Jones, for divorce, was heard in the Common Pleas yesterday. 1916 Univ. Pennsylvania Law Rev. & Amer. Law Reg. 65 118 The Orphans' Court decided in favor of C, but D proceeded with his attachment in the Common Pleas. 2006 Valley Independent (Monessen, Pa.) 3 Aug. 8 b/1 Sheriff Sale..Issued out of the Common Pleas of Washington County. Phrases Court of Common Pleas. a. (The name of) a court for the trial of civil cases brought by one subject against another, formerly one of the three superior courts of common law in England and Wales alongside the King's Bench and Court of Exchequer. Now historical.The Court of Common Pleas, seated in Westminster, was abolished on 1 November 1875 following the Judicature Act of 1873, when the Supreme Court of Judicature came into being. Its business was then represented by the Common Pleas Division n. until this was merged into the King's (or Queen's) Bench Division in 1880. ΚΠ 1577 R. Holinshed Chron. II. 1859/1 It was thought good..that the Courte shoulde sitte in Tuthill fieldes, where was prepared one plot of ground,..a stage beeyng set vp for the Judges, representing the Court of the common pleas. 1628 E. Coke 1st Pt. Inst. Lawes Eng. f. 71^v They erre, that hold that before the Statute of Magna Charta there was no Court of common Pleas. 1768 W. Blackstone Comm. Laws Eng. III. 273 Whatever the sheriff does in pursuance of this writ, he must return or certify to the court of common pleas. 1870 Daily Tel. 5 Jan. 6/4 Mr. William Till..to answer the charge of having committed wilful and corrupt perjury in the Court of Common Pleas. 2017 Environmental Law 47 261 In deciding in favor of Aldred, the Court of Common Pleas ultimately set in motion more than four hundred years of agricultural nuisance suits. b. U.S. Any of various trial courts or state courts typically having general jurisdiction, specific to the judiciary of certain states. ΚΠ 1692 Acts & Laws Massachussets-Bay 50 The Party Cast shall have Liberty to Appeal to the next Inferiour Court of Common Pleas, to be Holden for the same County. 1768 in Acts & Laws Colony of Rhode-Island (1772) 9 An Action of Trespass and Ejectment to the Inferior Court of Common Pleas, for the County where such Estate lies. 1809 Trans. Amer. Philos. Soc. 6 324 Natthan Wheeler esq. of Weston, one of the justices of the court of common pleas for the county of Fairfield, a gentleman of great respectability and undoubted veracity. 1947 Gettysburg (Pa.) Times 9 Apr. 3/5 (advt.) Any person claiming a reservatory or other interest in and to said real estate or any part thereof, may..petition the Court of Common Pleas of Adams County. 2019 Chron.-Telegram (Elyria, Ohio) 29 Apr. d5/3 PNC Bank, National Association filed its Complaint in the Court of Common Pleas, Lorain County, Ohio. Compounds C1. General uses as a modifier, as in Common Pleas Court, Common Pleas Judge, etc. ΚΠ 1646 in W. Style Regestum Practicale (1657) 56 For it is not a fixt Court as the Common Pleas Court is, but removeable. 1790 Public Laws State S. Carolina 302 An Ordinance for appointing a new Jury List for the District of Cheraws, and to empower any one of the Judges out of the same to draw a Grand, Petit, and Common Pleas Jury. 1856 Cleveland (Ohio) Daily Herald 27 Nov. I shall expose to public sale at the door of the common pleas court house..the following described lands and tenements. 1928 N.Y. Times 6 Nov. 2/3 The three Common Pleas Judges of Hudson County..will be in court to hear applications from persons seeking court orders to take them of the ‘black-list’. 2003 Philadelphia Inquirer 16 May b1/1 The Philadelphia Bar Association..vetted all the candidates for Common Pleas Court in the city, did a thumbs-up on some, thumbs-down on others. C2. Common Pleas Division n. now historical and rare one of the three divisions of the High Court of Justice in England and Wales, established in 1875 and abolished in 1880 when it was merged into the King's (or Queen's) Bench Division. ΚΠ 1873 Times 27 Feb. 9/4 A common motion for a new trial would come before three Judges, one of whom might be of the First, or Queen's Bench, Division, another of the Third, or Common Pleas, Division. 1879 Brit. Med. Jrnl. 27 Dec. 1030/1 In the Common Pleas Division, on Saturday, an application was made on behalf of Dr. Nowell, who recently brought an action to recover damages..for alleged false imprisonment in a lunatic asylum..for a rule calling upon Mr. Williams to show cause why there should not be a new trial. 2018 Internat. Jrnl. Law in Context 14 541 (caption) With the reform of the higher courts in 1875, he became a judge of the Common Pleas Division of the High Court. This entry has been updated (OED Third Edition, June 2021; most recently modified version published online March 2022). < n.1531
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