Nicholas Tufton was the son of Sir John Tufton, 1st Baronet and Christian Browne, the daughter of Sir Humphrey Browne, Justice of the Common Pleas, by Agnes Hussey, the daughter of John Hussey, 1st Baron Hussey of Sleaford, by his second wife, Anne Grey.
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He was a grandson of Richard Harpur, Justice of the Common Pleas, of Swarkestone Hall, Swarkestone, Derbyshire.
The old Norfolk family of Townshend, to which he belonged, is descended from Sir Roger Townshend (d. 1493) of Raynham, who acted as legal advisor to the Paston family, and was made a justice of the common pleas in 1484.
He is known to have been outraged at being forced to yield precedence to Dominick Sarsfield, 1st Viscount Sarsfield, Chief Justice of the Common Pleas, " a discourtesy never before offered to one in my position".
Sir Henry Hobart, 1st Baronet (died 1625), English Lord Chief Justice of the Common Pleas
John Eardley Wilmot PC (1709–1792), Chief Justice of the Common Pleas 1766–1771
Peter King, 1st Baron King, a Chief Justice of the Common Pleas and Lord Chancellor of England
Thomas de Multon, Lord of Multon, Judge, High Sheriff of Lincolnshire and Chief Justice of the Common Pleas.