Page:Prerogatives of the Crown.djvu/373

 Ch.XIII. Sec.11.3 Monstram (k droit. 353 in B. R. because the record of the conviction and seizure were there. The bill of manifestation of right or monsirans de droU recites the inquisition found for the King, and then shews the right of the party, which it offers to verify : and concludes with praying judgment arid an amoveas ma?i2is, and restitution of the lands and tenements, and of the profits from the time of taking the inquisition («). With respect to the instances in which this is the proper remedy, the most important rule appears to be this, that it is not maintainable where the subject's title is inconsistent witji that found for the King by the inquisition (in which event a traverse is the proper course :) but only in cases in which the party in shewing his right is able to confess the prhnd facie title found for the King and yet to avoid it (^). As in the case before put (c) of a disseisor of lands holden of tine Crown dying seized without issue, there on such jivimd facie title being found, and specially recited in an office for the King, the party really entitled may, though his title be not found {d on confessing such prima facie claim of the King shew his supe- rior right before the wrongful eviction by the deceased dis- seisor [e). So that this is the peculiar remedy where the King is entitled by office or other matter of record (which indeed is always necessary to entitle the subject to his 7no7istrans de droit) that is traversable ; but being true cannot be traversed {f). It is in all cases necessary for the subject to shew a title in himself: and, if he do not, it is immaterial that the King has 110 title ( o^). At common law the subject could not in general have had a monstram de droit if the King were entitled by double matter of record ; that is, by two distinct records, each finding matter entitling the King to lands : as for instance in the case of an office finding an attaint, and that the offender was seized of lands ; here the office and the attainder form two records {h). But even at common law the subject had his monstrans de droit in such case, if there were no such attainder in point of law, (a) Co. Entr. 402. Prerog. 72, a. Com. Dig. Prerog* D. {b) Staunaf. 71, a. Co. Kntr. 405, 32. 6. 2 Manning, 583. (/) Ibid. (c) Ante, .344. (^) 2 Salk. 448. (rf) H. 9 E, 4. Staimdf. Prfiog. R. (A) Statmdf. Pr«. Regis, f«). 71, b. 72, a. Ante, 341. (*) And «e« other instances, Stanntlf. A A or