Page:Prerogatives of the Crown.djvu/370

 350 Petition of Right. [Ch.XIII. Sec.L forcing whether any of these writs be awarded or not, either to the escheator or to the party : and thereupon the party for "whom judgment is given may ouster forthwith into the lands and shall be said no intruder {a). And the reason of it is be- cause the judgment tieth not the King to the delivery of the possession, but only to leave his hands of the possession. And note, that if a diem dausit {b) come to the escheator, he by virtue of that writ, before he make any inquiry, may seize the land for the King's behoof; which after he hath once seized, if after by office no title be found for the King, then the party that ought to have again the land may sue for the same in Chancery where the office is returned : and then amoveas manum shall be awarded." " In times past (c), men have sued ouster le main upon a seisin made for tlie King, although the office found afterwards did not entitle his Highness. Howbeit at this day it is not so used, for the escheator will not seize, unless there be an office found, although he might lawfully do it by the words of the writ diem dausit., which usage I do nothing dislike considering the great trouble it avoideth, that might else ensue to the King's subjects. And note, that in all cases where the King is seized, or in possession of the land by office or any other matter of record, his highness* seizin cannot be delivered out of him until such time as an ouster le main be sued {d). As if the King be seized by office of the land of any idiots, or for year day and waste of lands of a person attainted; in these cases he that should have these lands after the King's title determined, must sue an ouster le main ,• otherwise it is where the King is not seized of the land but only entitled to the profits: as of the lands of him that is out- lawed in a personal action, or a clerk convicted, or such like ; there need no omter le main to be sued. And if the lands which are seized into the King's hands be holden jointly by many, yet every one of these by himself may sue his ouster le main of his own part without his companions." Where the ouster le main or proceedings thereon, are used by the subject recovering against the Crown, unduly, and con- * trary to law, or upon an office which in point of law is insuffi- (a) And see post, sec. 3. div. 5 and 6. (c) Staundf. Prerog, 78, b. Judgment and Execution on extent, &c, (d) Ante, 347. (i) Ante, 328. cient