Officers settling in the colonies are al lowed a remission of the purchase-money, in amount from IOW. to 3001., accord in to their rank and length of service. [EMIGRATION, p. 828.] (Reference has been made to Derrick's Memoirs of the Rise and Progress of the Royal Aavy ; James's Naval History ; Sir W. Raleigh's Essay on the Invention of Shipping ; Sharon Turner's Hist. Anglo-Saxons; Barrow's Life of Lord Anson ; and various official papers.) NE EcILEAT REGNO, the name of a writ which issues out of Chancery on the application of a party complainant, to prevent his debtor from leaving the realm. The writ is directed to the sheriff of the county in which the debtor is ; and after reciting that " it is repre to the king in his Chancery on the part of the complainant against the debtor, the defendant, that he the said defendant is greatly indebted to the said complain ant, and designs quickly to go into parts beyond the seas (as by oath made on that behalf appears), which tends to the great prejudice and damage of the said complainant," commands him to "cause the said debtor to give sufficient bail or security, in the sum of I., that he will not go, or attempt to go, into parts beyond the seas, without leave of the said court ;" and in case the said debtor shall refuse to give such bail or security, the sheriff is to commit him to prison until he shall do it of his own accord, &c. The question which always arises on application to the Court of Chancery for this writ is nothing more than this : whe ther the plaintiff has made out a case which is conformable to the terms of the writ, as interpreted by the decisions of the court.
The writ cannot be applied for unless a bill is already filed; but a plaintiff may apply for it in any stage of a suit, whether the writ is prayed for by the bill or not The plaintiff cannot have the writ if he is out of the jurisdiction of the Court of Chancery. There must be a debt in equity actually due at the time when the writ is applied for. The application for the writ must he accompanied with an affidavit swearing positively to the debt, except the bill is for an account, in which case it is sufficient if the plaintiff swear that he believes there is a balance in his fa vour ; or except where there is other de cisive evidence of the debt. The affida
vit must also show that the defendant is going abroad, or it must show facts w bleb prove that conclusion, and that the debt will be in danger if he quit the realm. The writ may be moved for ex parte, and it issues until answer and further order. A defendant may apply to discharge the writ on putting in his answer.
This writ is founded on the real or sup posed prerogative of the king to restrain his subjects from departing from the realm. The " Nature Brevium" contains two forms of writs, one of which has for its object to restrain a clergyman from going abroad without the king's licence, and commands the sheriff to take security from him or commit him to prison ; the other has for its object to prevent a lay man from going abroad without the king's licence ; but it requires no security from the party, and differs in several other re spects from the other writ. 'These writs are both entitled De Securitate Inveni ends, &c., and seem to be in substance, though not in name, writs of Ne Exeat Regno. From the former of the two the present writ of Ne Exeat seems to be de rived.
It is said that the object of this writ, as applied to clergymen, was to prevent them from having frequent intercourse with the Papal see. Whether the prero gative on which these writs were founded was a usurpation on the part of the crown or not, is a matter which has been some what d. The opinion that such a power as that which is exercised by this writ "appears to have been unknown to the ancient common law, which, in the freedom of its spirit, allowed every man to depart the realm at his own pleasure" (Beames), is a vague surmise, expressed in language equally vague. This writ, which was originally designed solely for political purposes, has now been applied, as already explained, to the object of re straining a debtor from evading his cre ditor's demand by quitting the realm ; this application has been sanctioned by long usage, the commencement of which is now unknown.
(A Brief View V the Writ Ne Ererst Regne, by Beames.)