The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England and Wales. Great Britain during the Middle Ages (from the 5th century withdrawal of Roman forces from the province of Britannia The early modern period is a term initially used by historians to refer mainly to the period roughly from 1500 to 1800 in Western Europe ( Early modern Europe) History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception 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. The Exchequer was (and in some cases still is a part of the governments of England (latterly to include Wales) Scotland, and Northern Ireland

Early history

By 1190 the Exchequer exercised a judicial role, with judges, known as Barons, headed by the Lord Chief Baron of the Exchequer. Lord Chief Baron of the Exchequer was the first "baron" ( i 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. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government

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. The Queen's Bench (or during the reign of a male monarch the King's Bench) is the superior court in a number of jurisdictions within some of the Commonwealth realms The Court of Common Pleas, also known as the Common Bench, was a Common law court in the English legal system. A reaction set in whereby Magna Carta was interpreted as preventing common pleas being heard other than in the Court of the Common Pleas. Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms

As a result most private business could only be brought in the Exchequer by use of a legal fiction. In the Common law tradition legal fictions are suppositions of fact taken to be true by the Courts of Law, but which are not necessarily 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. 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 Quominus operating in a similar manner to the Bill of Middlesex in the King's Bench.

Postman and tubman

The most senior barrister of the exchequer of pleas was known as the postman while the next in precedence, the tubman. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation ^[1][2]

Equitable jurisdiction

In the early modern period, the court developed an equity jurisdiction where proceedings were begun by English Bill as in Chancery. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where The English Bill was an offer made by the United States Congress to Kansas Territory. The Court of Chancery was one of the courts of equity in England and Wales. 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. A tithe (from Old English teogoþa "tenth" is a one-tenth part of something paid as a (usually voluntary contribution or as a Tax or levy Queen Anne's 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 First Fruits are a religious Offering of the first agricultural produce of the Harvest. The proceedings were similar in form to those in Chancery and appeal was direct to the House of Lords. In Law, an appeal is a process for requesting a formal change to an official decision The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. This class of business was transferred to Chancery about 1841. For the game see 1841 (board game. Year 1841 ( MDCCCXLI) was a Common year starting on Friday (link

Nisi prius jurisdiction

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 Court of Assize, or Assizes, is a medieval term for Legal codes (such as Assizes of Jerusalem) that continues to be used in modern times Nisi prius, is an historic term in English law. In the Nineteenth century, it came to be used to denote generally all Legal actions tried before 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. In Law, an appeal is a process for requesting a formal change to an official decision The Court of Exchequer Chamber was an English Appellate court for Common law civil actions prior to the reforms of the Judicature Acts of 1873-1875 ^[4]

Reform

The court was absorbed into the new High Court by the Judicature Act 1873, s. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873 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. An Order-in-Council is a type of legislation in Commonwealth Realms. ^[5]

References

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.  

External links

• Equity Proceedings in the Court of Exchequer. The Catalogue. National Archives. Retrieved on 2007-09-04. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 476 - Romulus Augustus, last emperor of the Western Roman Empire, is deposed when Odoacer proclaims himself