The Great Writs: Quo Warranto

The most prized possessions of any noble family were their estates and especially the castles that provided defense and the manors that provided income.  Often those manor lands came with the right to hold courts, punish and fine offenders, and levy taxes or other burdens on the peasants.  Kings were aware of the intrinsic value of real estate, as they often bestowed property on nobles, and were quick to confiscate the property of traitors and rebels.  Over time, the titles to various properties became muddled and Edward I, reigned 1272-1307, decided it was time to clean house.  His father, Henry III, had made extensive grants of royal land Edward intended to claw some of it back.  From 1278-1294, he dispatched judges throughout England, who were empowered to serve a writ known as quo warranto upon landowners, forcing them to prove what right they had to the property in question.

Quo warranto, Latin for by what right/warrant, forced landowners to divulge whatever documentation they believed gave them authority to retain the land, and more importantly, utilize the produce and income from it.  Since many landowners didn't have written charters, Edward had to be content with proof that the land had been retained by that person or his family since 1189, the beginning of Richard I's reign.  Later, quo warranto became used as a challenge to anyone claiming to exercise royal authority or act in the King's name.  In some legal jurisdictions which descend from English jurisprudence, writs of quo warranto may be used to challenge a public official's exercise of his or her powers.