Page:Prerogatives of the Crown.djvu/371

 Ch. XIII. Sec. I.] Petition of Right. 351 cient for the party to have oustet' le main^ the King may reseize the lands without suing any process against the party ; and is entitled to all the intermediate or mesne issues and profits {a). The subject who adopted such proceedings is also in that case to be treated and considered as an intruder upon the King's possession after office (b). But if the ouster le main is at the time on due process, and the King's title, though it existed before, did not appear till after the proceedings had by the subject, a scire facias is necessary to turn the subject out (c). Before the statute 2 and 3 Ed. 6. c. 8. persons were still liable to be precluded of their rights, by the untrue finding of offices. As, for instance, persons holding terms for years or by copy of Court-roll, were often put out of their possession by reason of inquisitions, or offices found before escheators, com- missioners and others, entitling the King to the wardship or custody of lands, or upon attainders for treason, felony or otherwise ; and this, because such terms for years, and interests in copyhold were not found : after which they had no remedy, during the King's possession, either by traverse or monstrans de droits or otherwise ; because such interests were only chattels . in customary hold, and not freehold. In like manner persons having any rent, common, office, fee or other profit apprendre^ if such interest were not found in the office entitling the King, they had no remedy by traverse or other speedy means, with- out great and excessive charges, during the King's right therein. To redress these hardships on the subject, it is de- clared by the statute 2 and 3 E. 6. c. 8. that all persons in the above cases shall enjoy their rights and interests, the same as if no office or inquisition had been found, or as they might if their interest had been regularly found at the same time in such inquisition or office (d). Lord Coke observes {e) that staple, merchant or elegit^ and executors that hold lands for (a) Staundf. Prerog. c. 26. fol. 80, in what other instance parties interested b. &c. may claim, &c. see post, sec. 3. div. 1 ; {b) Ibid. resisting extents. That it is a general {<;) Ibid. 81. a, St. de Esc^eatoribus, rule, that the prerogative does notover- 29. Ed. 1, reach claims and rights of third per- (rf) See Com. Dig. Prerog. D, 84. sons acquired before the Crown's title Staundf. Prae. 62, b. that a trarerse is first accrued. Ibid, ante, 298. in this case the proper remedy. And {e) Co. Lit. 77, b. 7 payment
 * this being a beneficial law, the estates of tenant by statute