Page:Prerogatives of the Crown.djvu/369

 Ch. XIII. Sec. I.] Petition of Right ' 349 they do not satisfy the suppliant's demand out of the first monies that come to their hands by virtue of their office [a). The suppliant may be nonsuited though a verdict be pressed for {b). It has been said that this suit being as it were in the nature of a writ of right the subject cannot have a fresh peti- tion if he be nonsuited (c) ; but the law seems otherwise on this point (^), On the subject of the judgment of ' ouster le main^ * amoveas manus,^ or * that the King's hands be amoved,' Staundford (e) has the following observations. " Ouster le main is the judg- ment that is given for him that tendereth a traverse, or sueth a monstrans de droit, or petition ; for when it appeareth upon the matter discussed, that the King hath no right or title to the thing he seized, then judgment shall be given in the Chan- cery, that the King's hands be amoved : and thereupon amo- veas manum shall be awarded to the escheator, which counter- vails as much as if the judgment were given that he should have his lands. And this judgment sometimes is given in the King's Bench, and not in the Chancery ; and that is in case where the parties descend to an issue, then for the trial thereof, they of the Chancery must award a venire facias returnable in the King's Bench at a certain day, at which day notwithstand- ing that the sheriff return not the writ yet the alias venire facias shall not be awarded out of the Chancery, but of the King's Bench : for there and no where else it is recorded quod vice- comes non misit breve. And when the issue is found for the party they of the King's Bench shall give judgment and award an ouster le main without suing for the same in the Chancery, Also note that sometimes there goeth an ouster le main as well to the King's patentee as to the escheator ; and that is where the King hath granted the thing that be seized to any other. But notwithstanding that there go such writs of amoveas manum both to the escheator ^id to the party ; yet the King is out of possession as soon as judgment is given in the Chancery; not (a) Vid. Reg. Brev, 193. Plowd* monstrans de droit is peremptoryv. 4 382, 459. 2 Manning, Pr. 579. F. Hen. 6. 12. pi. 9. N. B. 121. (rf) See 4 Hen. 6. 13. pli 9; Bro- A«*«-' (A) 1 1 Hen. 4. 52. pi. 30. Fitz. Pe- Nonsuit, 12. And see Fitz. Petition, tition, 2, 11, 17. 11, 16, 17. M. 17 H. 7. fol. 13. pl.l9. (c) H. 11 Hen. 4. fol. 52. and M. 3 cited 2 Manning, 579. 1 Vez. 454, 5. Hen. 7. fol. 14. Staundf. Praerog. Re- (e) ^rairog. Regis, c. 24. fol. 77, b. gis, 76, a. Semb. also a nonsuit on a forcing