Writ of Quominus
Encyclopedia
The Writ of Quominus, or Writ of Quo Minus, was a writ
and legal fiction
which allowed the Court of Exchequer
to obtain a jurisdiction over cases normally brought in the Court of Common Pleas
. The Exchequer was tasked with collecting the King's revenue, and the legal fiction worked by having the plaintiff in a debt case claim that he was a debtor to the king, and that the defendant's debt prevented him paying the King. As such, the defendant would be arrested, and the case heard by the Exchequer. The writ's predecessors were in use from at least 1230, and it was in common (albeit strict) use during the 16th century. The use continued into the 19th century, until all original writs were abolished in 1883.
's main task was collecting royal revenues and taxes, partially through ensuring that debts to The Crown
were paid. It soon developed the ability to hear "common" cases, usually heard by the Court of Common Pleas
, and did so through the writ of quominus. The origins of the writ are unknown, although some academics link it to a process through which a claimant could bring a claim jointly with the King or in part payment towards his debt to the King, in cases where the King had an interest. The earliest record of a similar writ is 1230, although not with the quo minus wording. The use was similar to that of the Bill of Middlesex
, a similar legal fiction used by the Court of King's Bench
; where a plaintiff claims money from a defendant for payment of a debt, the plaintiff would claim to be a debtor to the King, unable to pay his money to the King because of the defendant's debt.
If this legal fiction was successful, the defendant would be arrested and brought before the Court of Exchequer, where the case would be heard. By the 16th century, the writ was commonly used in the Court of Exchequer, although fairly strictly; when taking a case the Court would investigate whether there was any benefit to the King in hearing it, and if not would refer the case to another court. There was little interruption by the Court of Common Pleas, mainly due to their ongoing struggle with the Court of King's Bench over the Bill of Middlesex, which occupied most of their time. Wurzel suggests that the introduction and widespread use of this writ was not due to any arrogance on the part of the Exchequer, but rather because they felt that as "the most ancient" court they should have superior jurisdiction. The writ continued into the 19th century, although it was abolished with the rest of the original writs through the Civil Procedure Rules of the Supreme Court of Judicature in 1883.
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
and legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
which allowed 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...
to obtain a jurisdiction over cases normally brought in the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
. The Exchequer was tasked with collecting the King's revenue, and the legal fiction worked by having the plaintiff in a debt case claim that he was a debtor to the king, and that the defendant's debt prevented him paying the King. As such, the defendant would be arrested, and the case heard by the Exchequer. The writ's predecessors were in use from at least 1230, and it was in common (albeit strict) use during the 16th century. The use continued into the 19th century, until all original writs were abolished in 1883.
Writ
The Court of ExchequerExchequer 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...
's main task was collecting royal revenues and taxes, partially through ensuring that debts to The Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
were paid. It soon developed the ability to hear "common" cases, usually heard by the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, and did so through the writ of quominus. The origins of the writ are unknown, although some academics link it to a process through which a claimant could bring a claim jointly with the King or in part payment towards his debt to the King, in cases where the King had an interest. The earliest record of a similar writ is 1230, although not with the quo minus wording. The use was similar to that of the Bill of Middlesex
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...
, a similar legal fiction used by the Court of King's Bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
; where a plaintiff claims money from a defendant for payment of a debt, the plaintiff would claim to be a debtor to the King, unable to pay his money to the King because of the defendant's debt.
If this legal fiction was successful, the defendant would be arrested and brought before the Court of Exchequer, where the case would be heard. By the 16th century, the writ was commonly used in the Court of Exchequer, although fairly strictly; when taking a case the Court would investigate whether there was any benefit to the King in hearing it, and if not would refer the case to another court. There was little interruption by the Court of Common Pleas, mainly due to their ongoing struggle with the Court of King's Bench over the Bill of Middlesex, which occupied most of their time. Wurzel suggests that the introduction and widespread use of this writ was not due to any arrogance on the part of the Exchequer, but rather because they felt that as "the most ancient" court they should have superior jurisdiction. The writ continued into the 19th century, although it was abolished with the rest of the original writs through the Civil Procedure Rules of the Supreme Court of Judicature in 1883.