What are Writs of Assistance?
This term has been applied in the books of the law to many different processes, which may conveniently be classed under three heads. I. Writs of assistance, more usually called “writs of aid,” issuing from the Court of Exchequer, addressed to the sheriff, and commanding him to be in aid–“quod sit in auxilium”–of the King’s tenants by knight service, or the King’s collectors, debtors, or accountants, to enforce payment of their own dues, in order to enable them to pay their dues to the King. These writs are very ancient. A like writ, issued in 20 James I., to levy debts due to the Prince of Wales, is entitled on the record “breve de assistendo.” Under this head may conveniently be mentioned the writs issued by King Edward I. to the Barons of the Exchequer, commanding them to aid a particular creditor to obtain a preference over other creditors of the same debtor, out of a surplus of his goods remaining in the Exchequer, after paying a debt due to the King, or to some other creditor wh
