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![handle is hein.slavery/ssactsengr0970 and id is 1 raw text is: NE EXEAT REGNUM
3. THE KING versus BISHOP OF CHESTER & AL'.
3 Salk. 236.
The defendant in a quare impedit, pleaded a grant made to W. T. Armigero,
postea militi, who granted it to him ; on oyer of the grant, it appeared to be to Sir
W. T. Knight: plaintiff demurred; and one Judge was of opinion, it might be the
same person, for he might have such a name by reputation.
By Holt C.J. A grant to W. T. Esq; by the name of W. T. Knt. cannot be good,
because knight is a name of dignity, and as much his name as the name of baptism;
and if he might have such a reputative name, he ought to have pleaded it so: but
knight, which is a title conferred by the King, cannot be a name in reputation, for
there is no foundation for it.
Vide Additions.
[494] NE EXEAT REGNUM.
NAILOR'S CASE. Mich. 13 W. 3.
Cases W. 3, 562, &c.
He was a prisoner in the counter for want of bail, and a ne exeat regnum directed
out of Chancery to the Sheriff of London, to hold him to security not to leave the
kingdom without licence; and a habeas corpus being moved for, in order to charge
him with all action in this Court; Brotherick objected, that he could not be turn d
over to the marshal, for then the Sheriff of London could not obey the mandate of
the ne exeat regnum, viz. to detain in custody till he found sureties, &c. The sheriff,
upon default of sureties, is to carry him to the common gaol, there to be safely kept
till he voluntarily give security; and this is to be certified by the sheriff into Chancery.
Holt C.J. Suppose he had been in the sheriff's custody, by a writ of this Court, at
the time of the ne exeat regnum coming to him, as you would have it, he cannot be
removed out of his custody ; so that the writ would be a kind of a sanctuary to him.
It is true, if the sheriff take the security, he ought to certify it into Chancery ; and
it is true, it is out of the sheriff's power, by the removal, to detain him, or take
security; but we may keep him in our custody till he find security, and so there will
be no mischief.
Holt C.J. The writ of ne exeat regnum ought not to be granted, but upon great
reason and examination; otherwise a homine replegiando may lie. As merchant
strangers may be prohibited from coining into England, by the same reason the
King's subjects may be restrained from going out of the kingdom; and for that
purpose this writ of ne exeat regnum was framed, which is grounded upon the
common law, and not given by any particular statute. And here it is said, that the
writ ne exeat regno is rarely had, and that on particular reasons, and for particular
purposes, to prohibit a single person from departing the kingdom ; and not a great
many men going a voyage, &c. for which an embargo is more proper. A ne exeat
regnum was granted to stay the de-(495]-fendant from going to Scotland; for tho'
that is not out of the kingdom, yet it is out of the reach of the process of our Courts,
and within the same mischief.
NEGROES.
SMITH versus BROWNE AND COOPER.
2 Salk. 666.
In an indebitatus assumpsit the plaintiff declared for 201. for a negro sold to the
defendant, in the parish of the Blessed Mary of the Arches, in the ward of Cheap:
there was a verdict for the plaintiff, and motion in arrest of judgment.
1172
HOLT, X. B. 494.](ViewImageLocal?handle=hein.slavery/ssactsengr0970&div=1&collection=&method=preview&ext=.png&size=3)