Page:United States Reports, Volume 2.djvu/447

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Surltan: Con? of the Unite} Staten 441 any fuch writ be_found (unlefs in a very few inllancts, where 1793. it is mere matter of account) in which the Treafurcr is not vnd joinedviththe Barons. Sofar was it from being taken to be lair at thattime, that the Barons had any original power of paying the King': debts ; or of commanding annuities, grant- hy tlte King or his progenitors, to he paid, when the pg;. fun applied to them for foch payment. But perhaps it may be that it is not to be inferred, hecaufe petitions were brorightin thefeeafes, thattherefore it vasof necetlity that the ubje& lhonld porfue that courfe, and could take no other tay. It mightbe reafonahle io requitefrom tliole who ohjeft thus, that they lhotild produce fume precedents at leall, of another remedy taken. But I think there is a goodanfwer to be to thisobje&ion. All thefe petitions which I have mentioned, are aftertheStnt. 8 L Rglq 442, where no- tice is taken that the Ptrrlienent ir interrupted by 4 inrdtitude { petition}, which miglrt be redryeel bythe Cluncellor and fgheer. Wherefore it is thereby ena&ed, tbet petition: 1vl·icb rub tb: jini fg? ta tb: Chancellor; thy} wbieb mob tl·eEs·¢·bquer, rs the Enrlvquerr tw¢·l»tb:_7rq'i.. tiae.r,or the bes- j`tbelaml,_#•uld cone tarts _‘}’r_q!ius; the hfnjr bef gout, arf Jegrucetbqi tb: Chantelle}, or dberr, iatnnst dotlwn without t5eEng, tbeutlv petition: le drought ltjrire tl>e King to brow bi: tL¤l_nb come 5:_f§ret5eKing•nJb£r Ciuncil,botQytl»eZirtdJgf`tbeCban¤ cellar, and other rbif Lfinjkrr 3 that the King nad bi} Council may attend the greatjitirs of Ile King': Realm, and fouereign t?stninbn:." This law being made; there ts realbn to conclude that all petitions brought before the King or Pnrlshment after this time, and anfwered there, were brought according to thc method of this law ; and were of the nature of fuch petitions as onghtto be brought before the perfon of the King. Arid that petitions diii lie for a chattel, as well as for a freehold, does · appear 37 A} pl ii. Ilia. Pet. i7. lf tenant by the- llatute ' rncrchant he oulled, he may have petition, and {hall be relior- ed. VIHGQ IL. 4. 4. Bra. Pet. g. g. HZ 6. at. Bro. Pct. fe. If the fubjefi he oulietl of his term, he {hall hare his pcti¥ tion. 7. H.7. ii. Of a chattel real a matt lhali have his pcti4 tion of right, as of his l`teehold._ 34. H. 6. gl. Bro. Pet. 3. A man lltall have apetitiort of right for goods and chattels , and ihe King indorfcs it in the itfual form. It is faidintlced, r H. 7. 3. Bro. Pet. rg. that a petition will not lie of a chattcl. Anti, admitting there was an doubt as to that point, in the prefcnt fuit we are in the csh of a freehold? Lord som:r:'.r hrgument in H.1r_§ruve’:rt$qf` the Banlerr, toj to to;. ._ __ 'l`hc folitary cafe, noticed at tlte conclalion of_Lord Somerfi lttgriritent, “ that a petition willkzot lieof ach.tttcl," certainly K · it