Page:Prerogatives of the Crown.djvu/372

 352 Momtram de droit. [Ch. XIII. Sec. IL payment of debts, are taken to be within the benefit of the • clause." - The law respecting grants by the Crown of lands seized, before office found, and the right of the claimant to have a lease of such lands, have already been noticed («). Sect. 2. — The monsirans de droit, manifestation or plea of right, is another medium of redress for the subject against the Crown. As before observed, the * petition* to the King ap- pears to be the only common law remedy against him ; and, though the contrary has been asserted (6), there can be little doubt that neither the monstrans de droit or the traverse of office (as to lands), was sustainable till the statute 36 Edw. 3. o. 13. (c). By that statute [d) it is provided, that if there be any man that maketh claim or challenge to the lands seized, the escheator do send the inquest into the Chancery within the month after the land so seized, and that a writ be delivered to him to certify the cause of his seisin into the Chancery, and there shall the cause be heard without delay to traverse the office, or otherwise to shew his right, and from thence sent before the King to make a final discussion, without attending other commandments. And in case that any come before the Chancellor and shew his right, he shall have a lease of the lands, &c. {e). The monstrans de droit, which, in cases where it lies, super- sedes the proceeding by petition, may be brought either in the Petty Bag Office in Chancery {f), or in tlie Office of Pleas in the Exchequer {g) ; except in particular cases, as in Lady Broughton's case {h), where the monstrans de droit was brought (a) Ante, 253. Courts, but remain upon files in the {b) H. 9 E. 4. fol. 5<2. 13 E.4.fol. office. Co. Entr. 405. If there be a 8. 4 Co. 55, a. Skin. 609. Com. Dig. monstrans de droit upon an inquisition Prerog. D. 81. 3 Bla. Com. 256. in Chancery, and upon that the Attor- (c) See Staundf. Praerog. Regis, 70, b. ney-General demurs, there it shall be 60, a. 1 Anders. 181. 11 St. Tr. 154. delivered into B. R. by the hands of 5 Bac. Ab. 571. Prerog. E. 7. the Chancellor, and there determined. (rf) And see 14 E. 3. st. 1. c. 13. 8 Salk. 448. H. 6. c. 10. (g) 4 Co. R. 57, a. Godb. 300. pi. (c) See note (a). 417. Skin. 609. Com. Dig. Prerog. (/) In such case it seems the pro- D. (D. 82.) 3 Bla. Com. 256. ceedings are not enrolled as in other {h) 1 Skin. 610. 6 in