Heydon's Case
Encyclopedia
Heydon's Case 76 ER 637, Pasch 26 Eliz, plea began 20 Eliz Rot 140, is a landmark case. The case is considered a landmark because it was the first case to use what would come to be called the mischief rule
for the interpretation of statutes. The mischief rule
is more flexible than the Golden or Literal rule
, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
Ottery, a religious college, gave a tenancy in a manor also called “Ottery” to a man (named in the case report simply as "Ware") and his son, also referred to as Ware.
The tenancy was established by copyhold
, an ancient device for giving a parcel of a manor to a tenant, usually in return for agricultural services, which was something like a long-running lease with special privileges for each party. Ware and his son held their copyhold to have for their lives, subject to the will of the lord and the custom particular to that manor. The Wares’ copyhold was in a parcel also occupied by some tenants at will. Later, the college then leased the same parcel to another man, named Heydon, for a period of eighty years in return for rents equal to the traditional rent for the components of the parcel.
Less than a year after the parcel had been leased to Heydon, Parliament enacted the Act of Dissolution
. The statute had the effect of dissolving many religious colleges, including Ottery College, which lost its lands and rents to Henry VIII. However, a provision the Act kept in force, for a term of life, any grants made more than a year prior to the enactment of the statute.
The Court of Exchequer
found that the grant to the Wares was protected by the relevant provision of the Act of Dissolution, but that the lease to Heydon was void.
. The court concluded that the purpose of the statute was to cure a mischief resulting from a defect in the common law. Therefore, the court concluded, the remedy of the statute was limited to curing that defect. Judges are supposed to construe statutes by seeking the true intent of the makers of the Act, which is presumed to be pro bono publico
, or intent for the public good.
Lord Coke
described the process through which the court must interpret legislation.
Mischief rule
The mischief rule is one of three rules of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” and the “golden rule.”...
for the interpretation of statutes. The mischief rule
Mischief rule
The mischief rule is one of three rules of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” and the “golden rule.”...
is more flexible than the Golden or Literal rule
Golden rule (law)
In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” and the “mischief rule.”...
, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
Facts of the case
This is a construction of leases, life estates, and statutes.Ottery, a religious college, gave a tenancy in a manor also called “Ottery” to a man (named in the case report simply as "Ware") and his son, also referred to as Ware.
The tenancy was established by copyhold
Copyhold
At its origin in medieval England, copyhold tenure was tenure of land according to the custom of the manor, the "title deeds" being a copy of the record of the manorial court....
, an ancient device for giving a parcel of a manor to a tenant, usually in return for agricultural services, which was something like a long-running lease with special privileges for each party. Ware and his son held their copyhold to have for their lives, subject to the will of the lord and the custom particular to that manor. The Wares’ copyhold was in a parcel also occupied by some tenants at will. Later, the college then leased the same parcel to another man, named Heydon, for a period of eighty years in return for rents equal to the traditional rent for the components of the parcel.
Less than a year after the parcel had been leased to Heydon, Parliament enacted the Act of Dissolution
Dissolution of the Lesser Monasteries Act
The Act for the Dissolution of the Lesser Monasteries – was an Act of the English Reformation Parliament of 1535/36, the beginning of the legal process by which King Henry VIII set about the Dissolution of the Monasteries...
. The statute had the effect of dissolving many religious colleges, including Ottery College, which lost its lands and rents to Henry VIII. However, a provision the Act kept in force, for a term of life, any grants made more than a year prior to the enactment of the statute.
The Court of Exchequer
Exchequer of pleas
The Exchequer of Pleas or Court of Exchequer was a court that followed equity, a set of legal principles based on natural law, and common law, in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia during the 1190s, to sit as an...
found that the grant to the Wares was protected by the relevant provision of the Act of Dissolution, but that the lease to Heydon was void.
Significance of the case
The ruling was based on an important discussion of the relationship of a statute to the pre-existing common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. The court concluded that the purpose of the statute was to cure a mischief resulting from a defect in the common law. Therefore, the court concluded, the remedy of the statute was limited to curing that defect. Judges are supposed to construe statutes by seeking the true intent of the makers of the Act, which is presumed to be pro bono publico
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
, or intent for the public good.
Lord Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
described the process through which the court must interpret legislation.
See also
- English constitutional law
- Common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
- Re Spectrum Plus Ltd
- AG of Belize v Belize Telecom
External links
- Full text from BAILII.org
- Text of judgment from Libertyfund.org