III.   Instruction

A Writ of Quo Warranto, also known as De Quo Warranto, is a form of peremptory precept and ecclesiastical indulgence issued under proper Sovereign Authority of a Juridic Person requiring an officer or agent or corporation or person to whom it is directed to demonstrate evidence to prove what lawful authority they have for exercising some right or power (franchise) they claim to hold.

Quo Warranto is a Latin phrase meaning “by what warrant (do you claim authority)?” :

(i) The primary purpose of the Writ of Quo Warranto is probably the simplest of all the prerogative writs – requiring the person to whom it is directed to demonstrate by what authority they have for exercising some right or franchise they claim to hold?; and

(ii) The “claim of authority” referred in the Writ of Quo Warranto is some valid instrument demonstrating the person or agency as duly appointed by the Sovereign or proper authority derived from original jurisdiction. The mechanisms for such appointment include but are not limited to letters patent, charter, decree, warrant, award, title and statute; and

(iii) The original history and purpose of the Writ of Quo Warranto is somewhat contrary to its present use. Introduced by King Edward I of England from 1278 as arguably the first prerogative writ in history, the purpose of the Writ of Quo Warranto was less to protect the public against excessive government power, but as a means of forcing nobles to affirm their fealty to the Crown. Those that refused were then denied “official authority” to hold lands and title via warrant, letters patent or charter; and

(iv) Because of its strength as a means of enforcing rights and authority, the Writ of Quo Warranto remains arguably one of the most powerful of all writs in exposing government agencies, persons and corporations that do not possess such legitimate authority.