him[1], or in the case of unliquidated damages, occasioned by any breach of contract with the King himself; or in case the King, without any office, take or detain a subject's goods. A quare impedit against the King must also be by petition[2]; and it seems to be the only legal remedy on the reversal of an outlawry, or an extent, &c. on error, where the monies have been accounted for in the Exchequer, and have reached the hands of the Crown, if the Court cannot interfere[3].
2dly. As to the mode of proceeding.—It is the very essence of the ' petition' that it should contain nothing of a mandatory nature. The petition is, however, substantially, as well as nominally, a petition of rights as the prayer of it is grantable, ex debito justitiæ; and Magna Charta says, "nulli vendemus, nulli negabimus, aut differemus justitiam vel rectum[4]"
The petition must be carefully drawn up, and must state the whole of the title or titles, or claim of the Crown, " for if it be found by the writ of search, that any title of the King be omitted, the petition shall abate ; and the reason of it is, because that if on this suit of petition the King take an issue with the party which is found against him, his highness then shall be concluded for evermore to claim by any of the points contained in the said petition[5]." And of course the plaintiff or suppliant must state his own title at length. Thus if a disseisor of lands, which are holden of the Crown, dies seized without any heirs, whereby the King is primâ facie entitled to the lands[6] and the possession is cast on him either by inquest of office, or by act of law without any office found ; now the disseisee shall have remedy by petition of right, suggest- ing the title of the Crown, and his own superior right before the disseisin made[7].
The petition may be to the King in Parliament, or in any
- ↑ Lord Somers, Arg. 11 St. Trial 81, 85. Com. Dig. Prerog. D. 78.
- ↑ 43 Ass. 272. pi. 21. H. 8. H. 4. fol.21. 2 Manning's Pr. 579.
- ↑ See Staundf. Prerog. Regis, 75, b. 76, a. Year Book, T. 34 H. 6. fol. 51. 2 Manning, Pr. 624. sed vide 1 H. 7. fol. 3.
- ↑ See 2 Manning Magna Charta binds the Crown, see Vin. Ab. Statutes, E.
- ↑ Per Settle, J. Year Book, 9 Ed. 4. fol. 51. Staundf. Prerog. 73, b. Finch L. 256. 3 Bia. Com. 256.
- ↑ See however 12 East, 96.
- ↑ Bro. Abr. tit. Petition, 20. 4 Rep. 58. Post, 352.
of
