Exchequer of pleas

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The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England and Wales. 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.

Contents

[edit] Early history

By 1190 the Exchequer exercised a judicial role, with judges, known as Barons, headed by the Lord Chief Baron of the Exchequer. At first the business consisted of two parts: actions by the Crown itself, in respect of monies owed to it, and actions by private persons 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.

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.

[edit] Postman and tubman

The most senior barrister of the exchequer of pleas was known as the postman while the next in precedence, the tubman.[1][2]

[edit] Equitable jurisdiction

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 so claim because they had to pay tax, but in the early eighteenth 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 and appeal was direct to the House of Lords. This class of business was transferred to Chancery about 1841.

[edit] Nisi prius jurisdiction

English common law courts before the Judicature Acts
English common law courts before the Judicature Acts

By the late seventeenth century the Exchequer had become the third court for hearing Common Pleas, after the Common Pleas and King's Bench.

As with the other common law courts, actions were started in the Court in Westminster Hall then referred for local trial at the assizes at nisi prius. The case could then pass back to its own court for review.[3] There was a limited opportunity to appeal to the Court of Exchequer Chamber.[4]

[edit] Reform

The court was absorbed into the new High Court by the Judicature Act 1873, s.31 and became the Exchequer Division, which in turn was abolished by an order in council, on 16 December 1880, becoming part of the Queen's Bench Division.[5]

[edit] References

  1. ^ Ballentine, J. A. [1916] (2005). A Law Dictionary. The Lawbook Exchange, p.379. ISBN 1584774908.  (Google books)
  2. ^ Lower, M. A. (1860). Patronymica Britannica, a dictionary of the family names of the United Kingdom. London: John Russell Smith, p.357.  (Google books)
  3. ^ Cornish & Clark (1989) p.23
  4. ^ Cornish & Clark (1989) p.25
  5. ^ Lord Mackay of Clashfern (ed.) (2002) Halsbury's Laws of England, 4th ed. Vol.10 (Reissue), "Courts", 603 'Divisions of the High Court'

[edit] Bibliography

  • Baker, J. H. (1990). An Introduction to English Legal History. Butterworths. ISBN 0-406-53101-3. 
  • Cornish, W. R. & Clark, G. de N. (1989). Law and Society in England 1750-1950. London: Sweet & Maxwell, 23-26, 75. ISBN 0421311509. 

[edit] External links