Legal Definitions - communia placita non tenenda in scaccario

The Latin phrase communia placita non tenenda in scaccario translates to "common pleas are not to be held in the Exchequer." Historically, this was a specific legal instruction, known as a writ, issued in England. Its purpose was to prevent the Court of Exchequer, which was primarily responsible for managing the Crown's finances and resolving disputes involving royal revenue, from hearing cases that solely involved private citizens and did not concern the Crown.

In essence, it reinforced the principle that the Exchequer's jurisdiction was limited to matters directly affecting the monarch's interests, ensuring that disputes between ordinary people were heard in the appropriate common law courts, such as the Court of Common Pleas.

• Example 1: A Property Boundary Dispute
  Imagine two neighboring landowners, Sir Reginald and Lady Eleanor, disagreeing over the exact boundary line between their estates and who rightfully owns a small patch of woodland. This dispute involves only private parties and has no direct impact on the King's treasury or royal rights. If Sir Reginald attempted to bring this case before the Court of Exchequer, a writ of communia placita non tenenda in scaccario would be issued. This writ would direct the Exchequer to refuse jurisdiction, compelling Sir Reginald to pursue his claim in a court designated for such "common pleas," like the Court of Common Pleas.
• Example 2: A Merchant's Debt
  Consider a situation where a wool merchant, Master Thomas, owes a substantial sum of money to a cloth weaver, Dame Alice, for a large order of finished textiles. Master Thomas refuses to pay, claiming the cloth was not delivered on time. This is a commercial disagreement between two private citizens; it does not involve any royal revenue, taxes, or the King's personal interests. If Dame Alice attempted to sue Master Thomas in the Court of Exchequer to recover the debt, the writ of communia placita non tenenda in scaccario would prevent the Exchequer from hearing the case, redirecting it to a court appropriate for private civil disputes.
• Example 3: A Contract for Services
  Suppose a master builder, John, was hired by a wealthy baron, Lord William, to construct a new stable block for his castle. John completed the work, but Lord William claims the construction was faulty and refuses to pay the agreed-upon fee. This is a contractual dispute between two private individuals regarding services rendered and payment. It has no bearing on the Crown's finances or prerogatives. If John sought to compel payment through the Court of Exchequer, the writ of communia placita non tenenda in scaccario would be used to ensure the case was heard in a court appropriate for private civil disputes, not the Exchequer, which was reserved for matters concerning the Crown.