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Bill of Middlesex
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Bill of Middlesex
The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted.
The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The bill was finally abolished by the Uniformity of Process Act 1832 (2 & 3 Will. 4. c. 39).
As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice.
The Court of Common Pleas and Court of King's Bench were two of the central common law courts in England and Wales from the 13th century until their dissolution in 1875. The Common Pleas' jurisdiction was over "common pleas", cases where the king had no interest. This in practice meant cases between subject and subject, including all actions taken under praecipe to recover debts or property, which made up the vast majority of civil cases. The jurisdiction of the King's Bench, on the other hand, was over "pleas of the crown": cases which involved the king in some way. With the exception of revenue matters, which were handled by the Exchequer of Pleas, the King's Bench held exclusive jurisdiction over these cases. Crucially, it retained some criminal jurisdiction over all cases in Middlesex, the county where it sat.[ambiguous]
During the 15th century, the traditional superiority of the common law courts was challenged by ecclesiastical courts and the equitable jurisdiction of the Lord Chancellor, exercised through the Court of Chancery. These courts were more attractive to the common lawyers because of their informality and the simple method used to arrest defendants. The bills of complaint and subpoena used by the Chancery made court procedure far faster, and from 1460 to 1540 there was a steep decline in the number of cases in the common law courts, coinciding with a sharp increase in cases in the newer courts. This loss of business was quickly recognised by the King's Bench, which was urged by Fairfax J in 1501 to develop new remedies so that "subpoenas would not be used as often as they are at present". From 1500 the King's Bench began reforming to increase its business and jurisdiction, with the tide finally turning in their favour by 1550. The King's Bench significantly reformed its mode of practice in response, and one of the developments was the Bill of Middlesex.
The Bill of Middlesex exploited the King's Bench's remaining criminal jurisdiction over Middlesex. Prior to the introduction of bills, a writ would have to be issued, with different writs depending on the issue.
If A wished to sue B for trespass, debt and detinue, the court would have to issue an individual writ for each action, with associated delays and costs for A, and then ensure that B appeared in court. Bills, on the other hand, were traditionally used against court officials and the court's prisoners; as such, the defendant was assumed to already be in the court's custody and presence in court was unnecessary.
Thus a legal fiction arose: if A wished to sue B for trespass, debt and detinue, he would have a writ issued for trespass. B would be arrested as a result, and the detinue and debt actions undertaken by bill after he had been detained.
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Bill of Middlesex
The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted.
The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The bill was finally abolished by the Uniformity of Process Act 1832 (2 & 3 Will. 4. c. 39).
As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice.
The Court of Common Pleas and Court of King's Bench were two of the central common law courts in England and Wales from the 13th century until their dissolution in 1875. The Common Pleas' jurisdiction was over "common pleas", cases where the king had no interest. This in practice meant cases between subject and subject, including all actions taken under praecipe to recover debts or property, which made up the vast majority of civil cases. The jurisdiction of the King's Bench, on the other hand, was over "pleas of the crown": cases which involved the king in some way. With the exception of revenue matters, which were handled by the Exchequer of Pleas, the King's Bench held exclusive jurisdiction over these cases. Crucially, it retained some criminal jurisdiction over all cases in Middlesex, the county where it sat.[ambiguous]
During the 15th century, the traditional superiority of the common law courts was challenged by ecclesiastical courts and the equitable jurisdiction of the Lord Chancellor, exercised through the Court of Chancery. These courts were more attractive to the common lawyers because of their informality and the simple method used to arrest defendants. The bills of complaint and subpoena used by the Chancery made court procedure far faster, and from 1460 to 1540 there was a steep decline in the number of cases in the common law courts, coinciding with a sharp increase in cases in the newer courts. This loss of business was quickly recognised by the King's Bench, which was urged by Fairfax J in 1501 to develop new remedies so that "subpoenas would not be used as often as they are at present". From 1500 the King's Bench began reforming to increase its business and jurisdiction, with the tide finally turning in their favour by 1550. The King's Bench significantly reformed its mode of practice in response, and one of the developments was the Bill of Middlesex.
The Bill of Middlesex exploited the King's Bench's remaining criminal jurisdiction over Middlesex. Prior to the introduction of bills, a writ would have to be issued, with different writs depending on the issue.
If A wished to sue B for trespass, debt and detinue, the court would have to issue an individual writ for each action, with associated delays and costs for A, and then ensure that B appeared in court. Bills, on the other hand, were traditionally used against court officials and the court's prisoners; as such, the defendant was assumed to already be in the court's custody and presence in court was unnecessary.
Thus a legal fiction arose: if A wished to sue B for trespass, debt and detinue, he would have a writ issued for trespass. B would be arrested as a result, and the detinue and debt actions undertaken by bill after he had been detained.
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