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The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. The term Exchequer is used where there is no possibility of confusion with the government department of the Exchequer of which the Exchequer of Pleas formed a part. Mediæval Britain is a term used to suggest that there is a unity to the history of Great Britain from the 5th centurys withdrawal of Roman forces and Germanic invasions until the 16th century Reformations in Scotland and England. ...
The early modern period is a term used by historians to refer to the period in Western Europe and its first colonies, between the Middle Ages and modern society. ...
The Exchequer was that part of the government responsible for the management and collection of the royal revenues of the King of England. ...
By 1190 the Exchequer exercised a judicial role, with judges, known as Barons. At first the business consisted of two parts: actions by the Crown itself, in respect of monies owed to it; and actions by private citizens who had the right to sue in the Exchequer.
It seems that the judicial business of the Exchequer grew until, by 1290, it had become a regular common law court on a par with the courts of the King's Bench and the Common Pleas. A reaction set in whereby Magna Carta was interpreted as preventing common pleas being heard other than in the Court of the Common Pleas. One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ...
In United States jurisprudence, Court of Common Pleas is a term referring to a court of certain jurisdiction. ...
Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English charter originally issued in 1215. ...
As a result most private business could only be brought in the Exchequer by use of a legal fiction. At first parties claimed to be servants of Exchequer officials, but eventually the Writ of Quominus became the normal way of bringing an action in the Exchequer. Quominus operating in a similar manner to the Bill of Middlesex in the King's Bench. In the common law, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ...
In England, the Writ of Quominus was a writ whereby the medieval court of Exchequer obtained a general jurisdiction over common pleas, and was a notable example of the use of a legal fiction. ...
In the early modern period, the court developed an equity jurisdiction where proceedings were begun by 'English Bill' as in Chancery. This class of business was mainly related to crown revenue, but included private litigation where the plaintiff could claim to be an 'accountant' to the crown; most people could claim that because they had to pay tax, but in the early 18th century much of the business seems to have concerned tithes, presumably because of the crown's right (transferred to Queen Anne's Bounty) to First Fruits. The proceedings were similar in form to those in Chancery. This class of business was transferred to Chancery about 1841. The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
Court of Chancery, London, late 18th century The Court of Chancery was one of the courts of equity in England and Wales. ...
A tithe is a one-tenth part of something, paid as a voluntary contribution or as a tax or levy, usually to support a religious organization. ...
Queen Annes Bounty was a fund established in 1704 for the augmentation of the incomes of the poorer clergy, the amount of which for distribution in 1890 was £176,896; it was the revenue from a tax on the Church prior to the Reformation, and which after that was...
Court of Chancery, London, late 18th century The Court of Chancery was one of the courts of equity in England and Wales. ...
1841 is a common year starting on Friday (link will take you to calendar). ...
By the late seventeenth century the Exchequer had become the third court for hearing Common Pleas, after the Common Pleas and King's Bench.
The court was absorbed into the new High Court by the Judicature Act 1873 and became the Exchequer Division, which in turn was abolished on 16th December 1880, becoming part of the Queen's Bench Division. Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature in England and Wales: see Courts of England and Wales. ...
The Judicature Act 1873 was a law passed by the British Parliament in 1873. ...
See also
The Exchequer was that part of the government responsible for the management and collection of the royal revenues of the King of England. ...
In England, the Writ of Quominus was a writ whereby the medieval court of Exchequer obtained a general jurisdiction over common pleas, and was a notable example of the use of a legal fiction. ...
Further reading - Baker, J. H. An Introduction to English Legal History. Butterworths 1990. ISBN 0-406-53101-3
- [1] 'Equity Proceedings in the Court of Exchequer'.
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