Page:Prerogatives of the Crown.djvu/364

 344 Petition of Right. [Ch XIIL Sec. I. seignory like as I might do in the case of the rent charge before, because there cannot be two seignories of the same land, but am driven to my petition in this case ; for the King upon this feoffment, by order of his laws, should have renewed the seignory in me : that is to say, to have made the feoffee to hold of me of whom it w^as held before. And so it hath been used always where his Highness hath lands by forfeiture of treason (a), holden of a common person, if he make a feoffment of those lands it must be to be holden of those that they were holden of before. And so it is where the time is devolved to his Highness for a mortmain ; but that is given by the statute de 7'eligiosis. Also if the King disseise my tenant during this possession, I have no remedy for my seignory but only by pe- tition : and if the King enfeoff my tenant to hold of his High- ness, yet have I no remedy for my seignory {b) but only by petition. But if one hold certain lands of me which Bxe falsely ' found by office to be holden of the King in capite, and the King seizeth them, and enfeoffeth my tenant thereof to hold of his Highness ; in this case I may now distrain for my seignory and am not out of possession. And the reason of the diversity is this, because that in the last case my seignory was never suspended, but evermore had its being, and that notwithstand- ing the office ; for it did not appertain to me to traverse the office and discharge the tenure : but that matter was left to my tenant to do, and seeing he did not, he hath charged himself of a tenure by way of collusion to the King as well as to me : but it is not so in the other case. Also it is to be noted that if the King seize lands by title of wardship and make a feoff- ment thereof, in this case the heir need not sue his petition, but may have a scire facias to repeal the said letters patent, because the King was deceived in his grant. For there the King himself is in possession still till livery be made ; so the heir there hath no cause to sue by petition, and the King is bound to deliver it unto him in whose right he seized." A petition seems also to be the only remedy where the King does not pay a debt, as an annuity or wages, &c. due from (a) Where an estate is forfeited to not vested in the King. Sir W. Jones, 78. the King by attainder, &c. none can (A) That is as against the King only sue to the King by petition before office in this case, qaeere. See ante, 342, and found, for till office found the estate is note (a). him