Legal Definitions - quominus

Quominus was a historical legal writ from 14th-century England, primarily used in the Exchequer court. It allowed private individuals to sue for debts owed to them by employing the legal fiction that they were "less able" (quo minus) to pay their own debts to the Crown because the defendant had not paid them.

Quominus refers to a historical legal fiction used in 14th-century England, primarily within the Court of Exchequer. This legal device allowed individuals to pursue private debt collection in a royal court by pretending that the defendant's failure to pay them made them 'less able' to pay their own debts to the Crown. Essentially, a plaintiff would allege that because someone owed them money, they were consequently unable to fulfill their financial obligations to the King, thereby creating a pretext for the royal court to hear their private dispute.

Here are some examples to illustrate this concept:

• Merchant and Customs Duties: Imagine a merchant named Eleanor who imported a large quantity of spices. She owed the Crown significant customs duties on these goods. However, a customer, Thomas, had purchased a large portion of her spices but failed to pay her. Under the quominus fiction, Eleanor could sue Thomas in the Court of Exchequer by alleging that she was "less able" to pay her customs duties to the King because Thomas had not paid his debt to her. This allowed her to use a royal court, originally intended for matters concerning the King's revenue, to recover a private debt from Thomas.
• Landowner and Feudal Taxes: Consider Sir Reginald, a landowner who owed a feudal tax (a payment to the Crown based on his landholdings). One of his tenants, Farmer Giles, had fallen behind on his rent payments for several months. Sir Reginald could invoke the quominus fiction, claiming that he was "less able" to pay his required feudal tax to the Crown because Farmer Giles had defaulted on his rent. This legal maneuver enabled Sir Reginald to bring his private rent dispute against Giles before the Exchequer court, leveraging the court's jurisdiction over royal revenue to resolve his personal financial issue.
• Craftsman and Royal Levy: Suppose Master Carpenter William had completed extensive work building a new manor house for Lady Isabella, but she had not paid him for his services. At the same time, William was subject to a special royal levy, a direct tax imposed by the King for a military campaign. William could use the quominus fiction to sue Lady Isabella in the Exchequer. He would claim that he was "less able" to contribute his share to the royal levy because Lady Isabella had failed to pay him for the substantial carpentry work. This allowed him to access the royal court to compel Lady Isabella to pay her outstanding debt, under the guise of protecting the King's revenue.