Page:Prerogatives of the Crown.djvu/42

 22 Rights incident to Allegiance, [Cli. II. Sec. III. the debt or demand of a private individual, and in order to prevent the party from evading justice, the King is not re- stricted to any particular cases; so that the causes of its issuing, and the grounds and motives on which it is granted, are not traversable ; and of course, therefore, the King may issue it at pleasure, without any reasons applicable to the party restrain- ed, (a) And it is laid down, that any one upon surmise to the Chancery, may cause this writ to be sued out for the King, (b) But though the writ of ne exeat regno is certainly in its nature and origin a state writ, yet it has been gradually intro- duced into the Court of Chancery, and is now become a com- mon process therein, in order to prevent individuals from going abroad to avoid the pajnnent of their debts, [c) And it may be legally awarded by the Lord Chancellor, not only in aid of a proceeding in the Court of Chancery, but also to pre- vent a defendant in an Ecclesiastical Court from evading the payment of alimony decreed therein by leaving the kingdom, {d) It is, however, pennitted to be used in these cases merely on the ground that a failure of justice would otherwise ensue, and debtors would be able boldly to set their creditors at defiance. It is therefore established, that the writ is not issuable out of Chancery at the instance of a creditor, in respect of a demand for which his debtors might be arrested at law. [e) In order to obtain the writ, in respect of an equitable debt, it is necessary that there should be a bill filed in the Court of Chancery, for it is grounded oh such proceeding, and till the bill is filed there is no cause before the Court ; {/) though it was formerly held otherwise, {g) The plaintiff must also make a positive affidavit of his debt, and state the amount of it; (A) nor will the writ be granted if the debt be of an uncertain nature, (/) though it is sufficient if it arise out of cross accounts, and in that case the plaintiff may, it seems, swear that he believes the balance stated to be due to him. {k) Where the demand (a) Dyer, ^^5, b. 179. Lane, 29. 30. Aliter in cases Q/"flcco;m<, Chance- Moor, 109, 3 Inst. 179. Com. 53. iry having a concurrent jurisdiction. 8 Skin. 166. 12 Mod. 562. Ves. 593, 597. Beames, 32, 3. 38. (6) F. N. B. 85. F. Com. Dig. Chan- . (/) 3 P. Wms. 312. eery, (4 B.) {g) Free. Ch. 171. (f) 5 Bac. Ab. 522. 3 P. W. 312. {h) 3 Bro. 370. 3 Atk. 501. 2 Vez. 7 Ves. 417. 489. 10 Ves. 164. Beames, 36, 7. (rf)-2 Ventr. 345. 1 Ch. R. 715. 1 Atk. .421. 3 Bro. Ch. R. 370. 2 Atk. 210. Ambl. 76. Beames, 30. 1 Bro.Ch. R. 376. 8 Ves. 597. {e) 3 P. W. 312. 2 Atk. 410. Ambl. {k) 2 Vez. 489. 3 Atk. 501. Beames, 76. 3 Bro. Ch.R. 218. 427. Beames, 23. See8Ves.597. is