Page:Prerogatives of the Crown.djvu/367

 Ch. XIII. Sec. I.] Petition of Right. 347 moned. In this case the party that lost cannot have a writ of deceit until such time as he have sued the King by petition for the said writ ; and if in his petition he conclude and pray that the King do him right generally, now the justices upon whom the recovery was had, cannot examine the deceit with- out an original writ directed unto them for that purpose ; and, yet before he obtained that writ his right shall be inquired df by commission : but if he conclude specially in his petition, that is to say, please his Highness to command the justices to proceed to the examination; which petition is endorsed ac- cordingly, then may they do it without any such writ or com- mission to be sued (a). So ever the following and pursuing of the thing must be according to the indorsement ; for how- ever the conclusion in the petition be, the indorsement may be always as it shall please the King ; and according to that the party must pursue it. And note that in every petition where the King hath granted the land over to another, a scire facias must be awarded against the patentee, like as it shall be where a traverse or monstrans de droit is tendered, which patentee if he have not the whole fee simple, but that there is a reversion in the King, or that the King is bound to warrant when he appeareth upon the scire facias, he may have a writ of search {b) to be awarded into the treasury, to search what they can find for the King's title (c). But query, if search shall be granted upon a traverse or monstrans de droit, because the statute of 14 E. S. c. 13., that concerneth search, doth speak only but of a petition. But to that it may be said, that at the time of making of the statute there was no traverse given {d). And Skrene sayeth, that search shall not be granted (a) M. 10 H. 4.fol. 4. (b) See .2 and 3 Ed. 6. c. 8. s. 13. Where a petition disaffirms the King's possession, there ought to be four writs of search directed to the treasurer and chamberlain of the Exchequer ; but writs of search are not necessary, where the petition affirms the King's possession : as, upon a petition of a right of dower. Moor, K. 639. Co. Lit. the suggestion of the Attorney-General, that there are in the Treasury several records, charters, deeds, muniincnts,&c. touching the King's right to the estate in question. Rast. Entr. 462, a. Ld. Coke says, " Upon the petition there be four writs of search, and every one must have forty days before the serv- ing." Co. Lit. 77, b. (c) H. 9 Ed. 4. fol. 51. (rf) By the 2 and 3 Ed. 6. c. 8. s. 13. upon every traverse under that Act in lieu of the petition to which the party was put at common law, there shall be two writs of search instead of four, as on a petition. See Co, Lit, 77, b, but
 * 77, b. The writs of search issue upon