Sir James Hales was an English judge from Kent, the son of the politician and judge John Hales. Though a Protestant, he refused to seal the document settling the crown on the Protestant claimant Lady Jane Grey in 1553, and during the following reign of the Catholic Queen Mary opposed the relaxation of the laws against religious nonconformity. Imprisoned for his lack of sympathy to Catholicism and subjected to intense pressure to convert, in a disturbed state of mind he committed suicide by drowning. The resulting lawsuit of Hales v. Petit is considered to be a source of the gravediggers' dialogue after Ophelia drowns herself in Shakespeare's play Hamlet.

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. 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. The court became a key part of the Westminster courts, along with the Exchequer of Pleas and the Court of King's Bench, 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. 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.