Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/57

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Ch. 4.
Wrongs.
45

payment thereof is an injury to his jura fiſcalia. But, as by a fiction almoſt all ſorts of civil actions are now allowed to be brought in the king's bench, in like manner by another fiction all kinds of perſonal ſuits may be proſecuted in the court of exchequer. For as all the officers and miniſters of this court have, like thoſe of other ſuperior courts, the privilege of ſuing and being ſued only in their own court; ſo alſo the king's debtors, and farmers, and all accomptants of the exchequer, are privileged to ſue and implead all manner of perſons in the ſame court of equity, that they themſelves are called into. They have likewiſe privilege to ſue and implead one another, or any ſtranger, in the ſame kind of common law actions (where the perſonalty only is concerned) as are proſecuted in the court of common pleas.

This gives original to the common law part of their jurif- didtion, which was eftablifhed merely for the benefit of the king's accomptants, and is exercifed by the barons only of the exche- quer, and not the treafurer or chancellor. The writ upon which all proceedings here are grounded is called a quo minus: in which the plaintiff fuggefts that he is the king's farmer or debtor, and that the defendant hath done him the injury or damage com- plained of; quo minus ſufficiens exiſtit by which he is the lefs able, to pay the king his debt or. rent. And thefe fuits are ex- prellly directed, by what is called the ftatute of Rutland[1], to be confined to fuch matters only as fpecially concern the king or his minifters of the exchequer. And by the articuli ſuper cartas[2] it is enacted, that no common pleas be thenceforth holden in the exchequer, contrary to the form of the great charter. But now, by the fuggeftion of privilege, any perfon may be admitted to fue in the exchequer as well as the king's accomptant. The fur- mife, of being debtor to the king, is therefore become matter of form and mere words of courfe, and the court is open to all the nation equally. The fame holds with regard to the equity fide of the court: for there any perfon may file a bill agajnft

  1. 10 Edw. I. c. 11.
  2. 28 Edw. I. c. 4.
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