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单词 quo minus
释义

quo minusn.

Brit. /ˌkwəʊ ˈmʌɪnəs/, U.S. /ˌkwoʊ ˈmaɪnəs/
Forms: 1500s– quo minus, 1600s–1700s 1900s– quominus.
Origin: A borrowing from French. Etymon: French quominus.
Etymology: < Anglo-Norman and Law French quominus (1292 or earlier in sense 1, 1559 in sense 2) < classical Latin quō minus so as to prevent, literally ‘by which the less’ < quō , ablative singular of quid (see quid n.1) + minus less (see minus adj.).In both senses 1 and 2 the Latin words quo minus form part of the (Latin) formula of the writ (in sense 1 first drafted in 1255 and first pleaded in 1256).
Law.
1. A writ to restrain a landlord from using wastefully the wood, etc., on his or her estate, after having granted housebote or haybote to another person. Obsolete.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ
utrumc1290
quo warrantoa1325
writ of right closea1325
writ of oyer and terminer1414
writ of right1414
quare impedit?a1424
prohibition?1435
praecipec1440
supplicavita1450
replevy1451
ouster-le-main1485
praecipe in capitec1523
value1527
inhibition1532
rehabilitation1533
melius inquirendum1549
ne exeat regnum1559
quo minus1592
letters (or writ) of supplementc1600
inhibition1603
fair pleading1607
ingressu1607
ne exeat regno1607
account1622
associationa1625
ship-writ1640
cessavit1641
ne exeat1644
devastavit1651
right close1651
writ of second deliverance1652
fair pleader1655
beaupleader1700
proclamation writ1713
writ of inquiry1809
writ of intendence and respondence1881
1592 Rastell's Expos. Termes Lawes (new ed.) f. 159/1 Quo minus is a writ, and it lyeth where a man hath graunted to another housebote and heybote in his woode to take euery yeare, and he that made the graunt maketh such wast and distruction that the grauntee cannot haue his reasonable estouers, then the grauntee shall haue the forsayd writ.
1677 E. Coles Eng. Dict. (new ed.) Quo minus, a writ against the Grantor making such wast in his woods that the Grantee cannot enjoy his grant of House-bote and Hay-bote.
2. An Exchequer writ available for an accountant or debtor to the king against anyone indebted to him or herself. Now historical.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs against debtor
elegit1455
letters of horning1536
quo minus1598
extent1630
1598 Rastell's Expos. Termes Lawes (new ed.) f. 160v And there is an other writ called a Quo minus, in the Eschequer, which any fermor or dettor to the king shall haue against anie other, for debt or trespas.
1623 in 10th Rep. Royal Comm. Hist. MSS (1885) App. iv. 433 [Paid] to Mr. Hill for suinge out several Quominuses and for his fee, 34s. 8d.
1642 tr. J. Perkins Profitable Bk. i. §5. 3 Hee shall have a Quo minus against the vendee..in the Exchequer.
1743 C. Viner Gen. Abridgm. Law & Equity XVIII. 153 A Man shall not wage his Law in Quo Minus.
1771 Encycl. Brit. II. 530/1 The leading process is either a writ of subpœna, or quo minus, which last goes into Wales, where no process out of our courts of law ought to run, except a capias utlagatum.
1787 J. Reeves Hist. Eng. Law (ed. 2) 406 It had been held..that a defendant might wage his law against a quo minus in the exchequer: this violated the rule laid down in an earlier period, that no man should wage his law against the king.
1873 Dict. Select & Pop. Quot. (new ed.) 239 Quo minus., the appellation given to a writ issuing by fiction from the Court of Exchequer, on behalf of a person supposed to be the king's farmer or debtor, against another, where there is any cause of personal action.
1913 J. F. Baldwin King's Council Eng. Middle Ages ix. 218 There was also the device of alleging that the king's revenue would be affected, long after the peculiar writ quominus was invented.
1939 Yale Law Jrnl. 49 39 The origin and development of the writ of quo minus is bound up with the history of the English Court of Exchequer.
1972 D. J. Guth in A. J. Slavin Tudor Men & Inst. v. 116 Actions of quo minus appeared with such infrequency through the fifteenth century that we can reasonably expect that the assertion of an extant royal debt was truthful.
1991 J. S. Hart Justice upon Petition i. 128 The notion behind the quominus writ was a simple one; the plaintiff needed the special process of the court to levy the debt against the defendant in order better to satisfy his own liability to the king.
This entry has been updated (OED Third Edition, June 2008; most recently modified version published online March 2022).
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n.1592
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