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Browsing: Legal Papers of John Adams, Volume 2


This foot note contained in document ADMS-05-02-02-0006-0002-0002
9. Gray has identified this case as McNeal v. Brideoak, SCJ Rec. 1754, fol. 150 (Suffolk, Feb. 1754), in which the complainants, Ann and Mary McNeal of Dublin, proceeded as “Debtors and Accountants to his Majesty.” The action, described as a “Bill in Equity,” was dismissed and the complainants were allowed an appeal to the King in Council, of which no record has been found. Quincy, Reports (Appendix) 470–471 note. Compare Quincy, Reports 54. See Min. Bk. 67, SCJ Suffolk, Nov. 1752, N–137; Feb. 1754, C–26. The Exchequer jurisdiction in question, either legal or equitable, arose from a writ known as quominus, because the plaintiff made a fictional allegation that he was debtor to the King for the amount of his claim and was “by which less” able to meet his debt. The court acted by virtue of its power in matters affecting the royal purse. See 3 Blackstone, Commentaries *45–46; Plucknett, Concise History 160–161, 170. The Massachusetts court's refusal to act would seem to be a reflection more of its lack of equity powers than of any desire to disclaim the powers of Exchequer, conferred on it by statute. Act of 26 June, 1699, c. 3 §1, 1 A&R 370, set out, note 46 98 below. The writ of assistance was part of the Exchequer's common-law revenue jurisdiction, rather than an equitable process. See Quincy, Reports (Appendix) 538–539; Brown, Compendium 28–29; note 18 above; note 30 82 below.