Page:Prerogatives of the Crown.djvu/363

 Ch.XIII.Sec.L] Petition of Right. 343 suffered to enter, mine entry is lawful, and no intrusion; or if the King grant over the lands to a stranger, then is my petition determined, and I may now enter or have my assize by order of the common law, against the said stranger, being the King's patentee [a). And a great difference is between this case and the case where the King is entitled by double matter of record (6) or such like ; for in these [qu, 'latter') cases, notwithstanding the am I driven still to my petition to the King, and have Jio other remedy : but it is not so in this case (that is, when the King having no right, has granted away the property). And the reason of this diversity is, because that when his Highness seizeth by his absolute power, contrary to the order of his iaws, although I have no remedy against him for it but by petition, for the dignity's sake of his person ; yet, when the «ause is removed, and a common peison hath the possession, then is my assize (c) renewed ; for now the patentee entered "by his own wrong and intrusion, and not by any title that tire King giveth him, for the King had never title or possession to give in that case, and therefore not like the other cases be- fore, where the King hath the lands by the order of his laws : that is to say, by double matter of record, or such other like^ Like law it is if I have a rent charge out of certain landj ^nd the tenant of the land enfeoffeth the King by deed inrolled ; now during the King's possession, I must sue by petition, but if his Highness enfeoff a stranger, I may distrain for my rent on the stranger ; and so it is in all the cases before, where a man miiy have liis traverse or moustrans de droit, if the lands be once out of the K'mg^s hands, the party then may have his remedy that the common law giveth him : for in all these cases the petition did lie only for the dignity of the King's person, and not for the right that his Majesty had to the pos- session of the thing. But if the King purchaseth lands holden of me, learn what remedy I may have for my seignory during the King's possession; for Wilby saith {d) that I have no re- medy in that case, and if his Highness make a feoffinent of these lands to hold of himself, yet I cannot distrain for my (c) 4 Ed. 4. f. 22. 24 Ed. 3. f. 65. mand. 1 Ed. 3. f. 2. See ante, 339, note (e) ; (^) See ante, 341, note (i). that a wrong-doer cannot justify under (c) Ejectment, the King's unfounded claim or com- (rf) Assi/e, 124; 20, Ed. 3. seignory
 * grant made over by his Highness of the lands to another, yet