In the early modern era, the business of England's criminal courts was founded upon charges brought and prosecuted by private individuals. And, as the English realized, private prosecutors posed a problem: how could the English ensure that private individuals would spend their own time and their own money in prosecuting an offender who had committed an offense against the peace of the realm? Parliament's solution was to proffer the carrot: sixteenth-century statute decreed that his prosecution of the thief was, in itself, action sufficient for the owner of stolen goods to recover those goods, 1 while from 1692, statutes offered rewards to successful prosecutors of highway robbers, burglars, coiners, and other specified offenders. 2 In contrast, England's magistrates wielded the stick, binding a plaintiff bringing an accusation of felony to prosecute an indictment against the alleged felon. 3 As a result, private prosecutors of major offenses were both
In the eighteenth century, parish officers used the laws of settlement to regulate the immigration of the poor to their parishes. Their regulation went well beyond ridding their parishes of indigent immigrants. Parish officers monitored the immigration of the non-indigent poor; they insured that their parishes acquired the documents which guaranteed that a poor immigrant would not become the responsibility of the parish to which he had immigrated; and they even removed non-indigent immigrants from their parishes, using their parishes' funds to pay for sending these immigrants back to the parishes which were legally responsible for their welfare.1 To the modern observer, such regulation of migration from one parish to another may seem odd, so odd that some historians have assumed that this regulatory activity did not occur.2 Obviously, then, the parishes' regulation of immigration was part of a world now lost. Regulation of immigration by parish officers disappeared in 1795, when parliament abolished the legal foundations for this practice.3 In detective stories, discovery of the circumstances and implications of a disappearance reveals the structure of the world in which it occurred. So may it be with the regulation of immigration.
This article examines the unsuccessful attempts made from 1833 to 1842 by Middlesex's justices of the peace to obtain a local statute allowing them to pay a salary to their chairman. Instead of securing such an act, they had to settle for a statute enacted by the government, a statute authorising the government to appoint their chairman for judicial proceedings. The article uses the story of Middlesex's attempt to obtain a salary for the chairman to examine: justices' attempts to reform the office of chairman of county Sessions; the limited powers of justices in their county Sessions; and the centralising aspirations of central government.
The statute that the government produced in 1844 originated as a public bill. In contrast, the statute that Middlesex had attempted to obtain originated as private bills. The statute enacted by the government contained defects that probably would not have marred a statute enacted under the rules governing private bills. So, this article uses the legislative misadventures of the government's bill to compare the procedures for enactment of public and private bills. The article therefore provides a case study of mid‐19th‐century legislative procedures governing enactment of local legislation, while arguing that, as of the mid 19th century, parliament had not developed procedures appropriate to both representative government and a centralising central government using public bills for local matters.
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