character of an ordinary court of justice between subject and subject. It is called the Exchequer (Scaccarium), from the chequed cloth, resembling a chess-board, which covered the table there, and on which, when certain of the king's accounts were made up, the sums were marked and scored with counters (r). And it consists of two divisions, the Receipt of the Exchequer, which manages the royal revenue (s), and the Court, or judicial part of it, with which alone we are at present concerned.

This court was, from the time of the separation of the Exchequer from the aula regia down to modern times, subdivided into a court of equity and a court of common law (t). But by statute 5 Vict. c. 5, all the jurisdiction of the Court of Exchequer as a court of equity, or otherwise than as a court of law or of revenue was transferred to the Court of Chancery (u).

debtors to account, such parties as these were privileged in their turn to sue and implead all manner of persons in the same court that they were themselves thus called into. For this purpose they resorted to a writ called a quo minus, in which the plaintiff suggested that he was the king's farmer or debtor, and that the defendant had done him the injury or damage complained of, quo minus sufficiens existit, by which he is the less able to pay the king his debt or rent. Afterwards, and by gradual connivance, this surmise of being debtor to the king was allowed to be inserted by persons who did not really stand in that capacity; and came to be considered as mere words of course, so as to open the court to all the nation equally. The same fiction was permitted on the equity side of the court; where any person might file a bill against another upon a bare suggestion that he was the king's accountant,-a

The Court of Exchequer

suggestion which was never controverted. This usurpation, as well as the analogous one in the Queen's Bench, (to be hereafter noticed,) long since ripened into an indefeasible and unquestionable title. And at length, by 2 Will. 4, c. 39, the writ of quo minus was abolished; and a new method substituted, giving a direct and proper jurisdiction to this court.

(r) 3 Bl. Com. p. 44.

(s) As to the receipt of the Exchequer, vide sup. vol. II. p. 528. (t) See 3 Bl. Com. 45.

(u) As to the equitable jurisdiction of the Exchequer sitting as a court of revenue since this statute, see Attorney-General v. Hallett, 15 Mee. & W. 687. By 5 & 6 Vict. c. 86, certain offices on the revenue side are abolished; and the business theretofore transacted therein is transferred to her majesty's remembrancer in the Exchequer. See also 22 & 23 Vict. c. 21, regulating

at present, therefore, consists of a revenue side and of a common law or plea side (u). In the capacity of a court of law on the revenue side, it ascertains and enforces, by proceedings appropriate to the case, the proprietary rights of the crown against the subjects of the realm (x): in the capacity of a court of common law on the plea side, it administers redress between subject and subject in all actions personal, though not in the real actions which still remain, viz., dower and quare impedit.

From the judgments of this court, proceedings in error or by way of appeal have hitherto been taken first to the Court of Exchequer Chamber and ultimately to the House of Lords (y).

The three courts last enumerated, when mentioned. collectively, have been usually described as the "superior courts of the common law:" or when taken in connection with the Court of Chancery, as "the superior courts' generally, or as the "Courts at Westminster." Their judges are also often popularly called, by way of preeminence, the Judges of the Land, or simply the Judges ; and they are of high dignity and precedence,-taking rank before baronets, and being the constitutional advisers of the House of Lords on matters of law (z). The number of them has varied considerably at different periods of our legal history (a). In modern times, indeed, it remained fixed for a long period at twelve; but in consequence of the increase of business, an additional judge was appointed,

the office of Queen's remembrancer, and amending the practice and procedure on the revenue side of the Court of Exchequer, and 24 & 25 Vict. c. 92. Under these last Acts

general rules" were issued, which will be found printed in the 6th volume of the Exchequer Reports. See also 7 H. & N. 505.

(u) For regulations of the officers of this court on the plea side, see

2 & 3 Will. 4, c. 110.

(a) As to the procedure and practice in crown suits in the Exchequer, sec 28 & 29 Vict. c. 104, under which Act general rules were issued in E. T. 1866. (See Law Rep., 1 Ex. 389.)

(y) Vide sup. p. 333, n (ƒ). (z) See the Table of Precedence, sup. vol. II. p. 615, n.

(a) Dugd. Orig. Jurid. c. 18.

about the beginning of the reign of Will. IV., to each of the three courts (b); and by 31 & 32 Vict. c. 125, a similar increase to their number was authorized in reference to the jurisdiction conferred upon them by that statute in the trial of election petitions (c). And it may be remarked that, previously to this last alteration, it was provided by 30 & 31 Vict. c. 68, that certain parts of the business of the courts which used to be disposed of by the judges sitting in chambers, might be dealt with (in the first instance, and subject to an appeal to a judge) by the Masters of the courts under general rules issued for that purpose (d). The judges are all created by letterspatent; and by 12 & 13 Will. III. c. 2, and 1 Geo. III. c. 23, they were made irremovable, except upon address of both houses of parliament. It may be noticed, that the title of the Chief Judge of the Queen's Bench is "the Lord Chief Justice of England," and that his salary is 8,000l. a-year, and the Lord Chief Justice of the Common Pleas and the Lord Chief Baron of the Exchequer have each a salary of 7,000l. a-year. The other judges have a uniform salary of 5,000l. a-year (e).

V. The High Court of Admiralty (another court the jurisdiction whereof is transferred to the High Court of Justice, established by "The Judicature Act, 1873"), has

(b) See stat. 11 Geo. 4 & 1 Will. 4, c. 70, ss. 1, 2.

(c) See 31 & 32 Vict. c. 125, s. 11. (d) As to the Masters of the courts, see 7 Will. 4 & 1 Vict. c. 30. It may be observed here that the jurisdiction assigned to the masters extends in general to all chamber business except in matters relating to the liberty of the subject. But certain matters are excluded; such as criminal proceedings, removal of causes, prohibitions and injunctions, compulsory references, interpleaders, discovery, reviewing taxation, stay

ing proceedings after verdict, taking acknowledgments of married women, giving leave to sue in formâ pauperis, and making charging orders.

(e) 2 & 3 Will. 4, c. 116; 14 & 15 Vict. c. 41; 36 & 37 Vict. c. 66. No substantial alteration in the position of the judges, in most of the particulars mentioned in the text, is made by the Judicature Act, 1873, in reference to the future judges of the High Court of Justice and Court of Appeal established by that Act.

jurisdiction and power to try and determine all maritime causes, that is, such injuries as are committed on the high seas (f); and generally speaking, and with the exception of any case otherwise provided for by act of parliament, all admiralty causes must be causes arising wholly upon the sea, and not within the precincts of any county. [For the statute 13 Ric. II. c. 5, directs that the admiral and his deputy shall not meddle with any thing, but only things done upon the sea: and the statute 15 Ric. II. c. 3, declares that the court of the admiral hath no manner of cognizance of any contract or of any thing done within the body of any county, either by land or by water (g); nor of any wreck of the sea, for that must be cast on land before it becomes a wreck (h). But it is otherwise of things flotsam, jetsam, and ligan; for over them the Admiralty Court has jurisdiction, as they are in and upon the sea. If part of any contract (or other cause of action) doth arise upon the sea, and part upon the land, the common law excludes the Admiralty Court from its jurisdiction; for, part belonging properly to one cognizance, and part to another, the common or general law takes place of the particular (i). Therefore, though pure maritime acquisitions, which are earned and become due on the high seas -as seamen's wages-are one proper object of the admi

(f) We may remark here that it forms one of the provisions of the Judicature Act, 1873, that in any cause or proceeding for damages arising between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the Court of Admiralty, so far as they have been at variance with the rules in force in the common law, shall prevail. (36 & 37 Vict. c. 66, s. 25.)

(g) As to what is infra corpus comitatus, sec Com. Dig. Admiralty (E. 14); Jac. Law Dict. " Admiral."

(h) It is provided, however, by the statute 17 & 18 Vict. c. 104, ss. 460, 464, 468, 476, 492-498, that the Court of Admiralty shall, in certain cases, have jurisdiction on claims of salvage; and by sect. 476, that such jurisdiction shall attach, whether the salvage service was performed at sea, or by land, or partly at sea and partly by land. Salvage and wreck have been already treated of in this work. (Vide vol. II. pp. 18, 539, 544.)

(i) Co. Litt. 261.

[ralty jurisdiction, even though the contract for them be made upon land (k); yet, in general, if there be a contract made in England, and to be executed upon the seas-as a charter-party or covenant that a ship shall sail to Jamaica, or shall be in such a latitude by such a day; or a contract made upon the sea to be performed in England, as a bond made on shipboard to pay money in London, or the like; these kinds of mixed contracts belong not to the admiralty jurisdiction, but to the courts of common law (1). It is to be observed, however, that where the Admiralty Court hath jurisdiction of the original subject-matter in the cause, it hath also jurisdiction of all consequential questions, though properly determinable at common law (m). Wherefore, among other reasons, a suit for beaconage of a beacon standing on a rock in the sea, may be brought in the Court of Admiralty; the admiral having an original jurisdiction over beacons (n).]

In addition to his general jurisdiction over maritime causes, the judge of the Admiralty holds a special commission to adjudicate on prize of war (o); and moreover has to decide on booty of war, (i. e. prize on shore,) when specially referred to him by the Crown (p).

The High Court of Admiralty adopts many of the principles of the civil law, and also makes use of other laws, as occasion requires; such as the Rhodian laws, and the laws of Oleron-bodies of law derived from places antiently celebrated for their skill in naval affairs, viz. the island of Rhodes in the Mediterranean, and the island of

(k) 1 Ventr. 146. But as to claims for wages, vide sup. p. 291.

(1) See Bridgeman's case, Hob. 23; Hale, Hist. C. L. 35; Le Caux v. Eden, Doug. 572.

(m) 13 Rep. 53; Ridley v. Egglesfield, 2 Lev. 25; Hardr. 183.

(n) Crosse v. Digges, 1 Sid. 158. (0) 2 Chit. Gen. Pr. 538 a; 1 Doug. 594; Lindo v. Rodney, 2 Doug. 613, n; Mitchell v. Rodney