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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. Part of a large reform movement to prevent equitable courts such as the Court of Chancery undermining their business, the Bill 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.

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.


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