Page:Prerogatives of the Crown.djvu/374

 554 Monstrans de droit, [Cli. X 1 1 1. Sec. 1 1. or his title appeared by any record [a). And by the statute 2 and 3 Ed. 6. c. 8. s. 7. it is enacted, " that where it is untruly ibunden by office or inquisition, that any person attainted of treason, felony or pTccmtmh-e^ is or shall be seised of any lands at the time of such treason, felony or offence committed or done, or any time after, whereunto any other person hath any just title or interest of any estate of freehold, that then in every such case every person grieved thereby shall have his or their traverse, or monstrance de droit to the same,^ without being driven to any petition of right, and like remedy and res- titution upon his title found or judged for him therein, as hath been accustomed and used in other cases of traverse, although the King be in such case entitled to any such lands, by double matter of record." If the Attorney-General confess the title of the party, or if he reply and afterwards confess, or if it be found for the party by verdict or upon demurrer, the judgment is quod manus domini regis amoveantur [h and that the party be restored to the possession of the premises with the appurtenances, together with the mesne profits from the time of the caption of the inquisition not answered to the Crown, salvo jure domini regis (c). There is some contradiction in the books whether or not the subject on a monstrans de droits or traverse of office^ is to be con- sidered in the nature of a plaintiff or defendant. The older books consider him in the nature of a plaintiff ( Ante, 347. Co. Entr. 404, 406, 2 Manning, 581. where it is also laid b. Finch L. 459, 460. 2 Inst. 695. down, ♦' that the nonsuit is peremptory, (rf) 4 H. 6. 11. 4 Go. 57, a. 2 4 H.6. 12.pl. 9. at least where issue Salk.448. Bull.N. P. 216. One rea- has been joined. Semb. M. 7 H. 7. fol. son is, that the suppliant on a petition 13. pi. 19. But after a nonsuit in a il^ a plaintiff, (and he appears to bfe so,) Tnanifestation of right dr traverse of and consequently, the party in a mon- oftice, the subject may sue by petition straits de droU or traverse, is so; sucU of right, 4 H. 6.13." ties.