Legal Definitions - bill of Middlesex

The bill of Middlesex was a historical legal procedure used in England, primarily by the Court of King's Bench, to expand its jurisdiction over defendants who resided outside the county of Middlesex. This court was originally meant to handle cases occurring within Middlesex or those involving a breach of the King's peace. To bring a defendant from another county before it for other civil disputes, the court would employ a legal fiction.

The process involved alleging a fictitious trespass or minor offense committed by the defendant within Middlesex, even if no such event actually occurred. A "bill" (a type of writ) would then be issued to the Sheriff of Middlesex, instructing them to apprehend the defendant. When the sheriff reported that the defendant could not be found in Middlesex, a further writ called a "latitat" would be issued. This "latitat" was directed to the sheriff of the county where the defendant actually lived, compelling that sheriff to bring the defendant before the King's Bench in Westminster. Once the defendant was brought before the court, they were considered to be "in custody" of the King's Bench, which then allowed the court to hear the plaintiff'sactual civil claim against them, effectively bypassing the court's original geographical limitations.

• Example 1: Debt Collection Across Counties
  Imagine a merchant in London (which is in Middlesex) in the 18th century is owed money by a debtor who lives in the distant county of Cornwall. The King's Bench in Westminster would typically not have jurisdiction over a resident of Cornwall for a simple debt.

  How it illustrates the term: To bring the Cornish debtor before the King's Bench, the merchant's lawyer would initiate a bill of Middlesex. This bill would falsely allege that the debtor had committed a minor trespass in Middlesex. When the Sheriff of Middlesex reported that the debtor could not be found within Middlesex, a "latitat" would then be issued to the Sheriff of Cornwall. This compelled the Cornish Sheriff to bring the debtor to Westminster, allowing the King's Bench to then proceed with the merchant's actual claim for the unpaid debt.

• Example 2: Contract Dispute with an Out-of-County Party
  Consider a situation where a London-based craftsman had a contract dispute with a wealthy landowner residing in Norfolk. The craftsman wanted to sue the landowner for breach of contract, but the King's Bench's direct jurisdiction was limited to Middlesex.

  How it illustrates the term: The craftsman's legal team would use a bill of Middlesex, claiming the Norfolk landowner had committed a fictitious trespass within Middlesex. After the Middlesex Sheriff's report that the landowner was not found in Middlesex, a "latitat" would be sent to the Sheriff of Norfolk. This process would compel the landowner to appear before the King's Bench in Westminster, thereby allowing the court to hear the contract dispute, despite the landowner's residence being outside Middlesex.

• Example 3: Seeking Damages for Property in Another County
  Suppose a London resident owned property in the county of Surrey, and that property was damaged by a neighbor also residing in Surrey. The London resident wished to sue the neighbor for damages in the King's Bench.

  How it illustrates the term: To bring the Surrey neighbor before the King's Bench in Middlesex, the London resident would use a bill of Middlesex. This involved alleging a fabricated trespass by the Surrey neighbor within Middlesex, even though the actual damage occurred in Surrey. When the Middlesex Sheriff reported that the defendant could not be found, a "latitat" would be issued to the Sheriff of Surrey, compelling the neighbor's appearance in Westminster. This allowed the King's Bench to hear the property damage claim, even though the incident happened entirely outside Middlesex.