Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/55

Ch. 4. the defendant is not at liberty to difpute. And thee fictions of law, though at firt they may tartle the tudent, he will find upon farther conideration to be highly beneficial and ueful: epecially as this maxim is ever invariably oberved, that no fiction hall extend to work an injury; it's proper operation being to prevent a michief, or remedy an inconvenience, that might reult from the general rule of law. So true is it, that in fictione juris emper ubitit aequitas. In the preent cae, it gives the uitor his choice of more than one tribunal, before which he may intitute his action; and prevents the circuity and delay of jutice, by allowing that uit to be originally, and in the firt intance, commenced in this court, which after a determination in another, might ultimately be brought before it on a writ of error.

this court is likewie a court of appeal, into which may be removed by writ of error all determinations of the court of common pleas, and of all inferior courts of record in England: and to which a writ of error lies alo from the court of king's bench in Ireland. Yet even this o high and honourable court is not the dernier reort of the ubject; for if he be not atisfied with any determination here, he may remove it by writ of error into the houe of lords, or the court of exchequer chamber, as the cae may happen, according to the nature of the uit, and the manner in which it has been proecuted.

court of exchequer is inferior in rank not only to the court of king's bench, but to the common pleas alo: but I have choen to conider it in this order, on account of it's double capacity, as a court of law and a court of equity alo. It is a very antient court of record, et up by William the conqueror ,

y Thus too in the civil law: ''contra fictionem non admittitur probatio: quid enim efficeret probatio veritatis, ubi fictio adverus veritatem fingit? Nam fictio nihil aliud et, quam legis adverus veritatem in re poibili ex juta caua dipoitio, (Gothofred. in Ff. l. 22. t. 3.)'' z 3 Rep. 30. 2 Roll. Rep. 502. a 11 Rep. 51. Co. Litt. 150. b Lamb. Arcbeion. 24. Rh