Page:Prerogatives of the Crown.djvu/362

 342. Petition of Right. [Ch. XIII. Sec. I. lieth and where not, it were a long matter to intreat of. But generally and by general rules, a man may briefly declare it; that is to say, in all cases where the party hath a right against the King, and yet no traverse or monstrans de droit will serve, there he is driven to his petition : as for an example, where the King is entitled by double matter of record (b). Like law it is, where the King is entitled by a record not traversable, as take the case: the King recovered by assent and without title, a stranger that hath good title shall not falsify his reco- very by a traverse or monstrans de droit, but is driven to his petition. So it is where the King recovereth by erroneous process, the party shall not have a writ of error (c) until he have sued by petition for it. So likewise it is if lands are holden of me by knight's service, a stranger brings a praecipe in capite of those lands against my tenant and recover- eth by default, although by this recovery I am not put out of possession of my seignory, but that the tenant holdeth of me as he did before, and also of the King by collusion; yet in this case if the recoverer die, his heir within age, and the King seizeth the ward, I am driven now to my petition for the ward, for this is another thing than ever I was seized of. Also it is a general rule, that where a stranger that hath title cannot en- ter upon a common person, but is driven to his action, there he can have no remedy against the King, but only a petition. As take the case to be : it is fo^nd by office the King*s tenant in chief died seized, his heir within age, where indeed the said tenant had nothing but by disseisin done to me, and I suffered him to die seized without any claim made ; in this case I get no remedy by monstrans de droit or traverse, but am driven to my petition. And so in all cases like where mine entry should be tolled if the lands were in the hands of a common person. Also where the King doth enter upon me, having no title by matter of record or otherwise, and put me out and detain the possession from me, that I cannot have it again by entry with- out suit, I have then no remedy but only by petition. But if I be (a) Pnerog. Regis, ch. 22, fol. 74, a. in the case in 1 2 East, 96. to 75, b. And see Com. Dig. tit. Prerog. {b) See now 2 and 3 Ed. 6. c. 8. s. 7. D, (D.) 78. 5 Bac. Ab. 571, tit. Pre- Post, 352. rogative, E. 7. Staundford was fre- (c) Post, s. 3. div. 7 j as to a writ of quently cited by the Counsel and Court error againat the King. suffered
 * To declare specially," says Staundford (a), ** where a petition