Quo Warranto - History

History

Quo warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England, in particular those lost during the reign of his father, King Henry III of England. From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189. Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").

The most famous historical instance of quo warranto was the action taken against the Corporation of London by Charles II in 1683. The King's Bench adjudged the charter and franchises of the city of London to be forfeited to the Crown though this judgment was reversed by the London, Quo Warranto Judgment Reversed Act 1689 shortly after the Glorious Revolution.