III.   Instruction

A Writ of Scire Facias, also known as De Scire Facias, is a form of peremptory precept and ecclesiastical indulgence issued under proper Sovereign Authority of a Juridic Person requiring the respondent to make certain records known and then to show cause why the party bringing the Writ should not be able to either claim such records in his own interest, or in the case of letters patent or grants that such instruments should not be annulled or vacated.

Scire Facias is a Latin phrase meaning “let the facts (by which a record is claimed true) be known to all”:

(i) The Writ of Scire Facias along with Quo Warranto are arguably the two oldest forms of prerogative writs in history, formed in 1285 during the 13th reign of Edward I of England. Similar to Quo Warranto, the original purpose and function of the Writ of Scire Facias has less to do with remedy for the people, than centralizing power under the Monarch; and

(ii) Effectively a Writ of Scire Facias commences a form of action, requiring the respondent then to show cause why the party bringing the Writ should not be able to claim a particular record in his own interest, or why in the case of some royal grant or patent that it should not be annulled and vacated; and

(iii) The Writ of Scire Facias then enabled Edward I and his heirs and successors, to annul previous grants and patents to certain families and rivals, while bestowing the withdrawn titles and grants to more favourable allies. It also strengthened the key records of chancery concerning land and other holdings, enabling the annulment of records, even if such records were considered public, ecclesiastical and permanent.