Page:Prerogatives of the Crown.djvu/361

Ch. XIII. Sec. I.] Petition of Right, 341 serving entire the respect and submission due to the King, can be adopted only against him, and does not lie in the case of the Queen, or the Prince (a). But where the King is con- cerned, and a petition is the proper remedy, it is immaterial whether his Majesty be seized of the property in question in his own or another person's right {b). It will be material to consider, 1st, when a petition is the proper remedy , and 2ndly, the mode of proceeding upon it 1 . Antiently a petition was the necessary course of proceeding in numerous cases : but the delay and expense attending the proceeding induced the legislature to afford the subject a much' more summary method of interpleading with the Crown. This was effected by extending and rendering almost universal, the remedies by * monstrans de droif and ' traverse of office* which will be considered in the ensuing sections. Whenever there- fore either of such remedies can be adopted, that by petition, though it be sustainable {c would not be adopted and is irre- levant [d). In every case however in which the subject hath a right against the Crown, and yet no monstrans de droit or tra- verse of office lies, a petition is the birth-right of the subject, and is sustainable at common law {e and this not only in the case of real property, but of chattels real or personal (y), or unliquidated damages [g). In the case of inquisitions or offices finding that property belongs to the King (/i), eitheir the monstrans de droit, or tra^ verse of office, may in almost every instance be adopted ; ^and a petition would not be the better remedy. And here we may notice the wise precaution of requiring that matter of record shall in general be necessary to pass property from the sub- ject to the King ; the consequence being that claimants are thereby in most instances let in at once to traverse such matter of record, without being driven to circuitous and expensive proceedings {i). (a) 1 H. 4. f. 7. Staundf. Prerog. 75, b. (b) Ibid, and 10 H. 7. fol. 4. (c) Bro. Ab. Travers, D. Office, pi. 18. {d) Staundf. Pre. 74, a. (e) Ibid. Com. Dig. Preroff. D. 78. (/) Staundf. Pnrrog. 7'2, b. ig) Year Book, 22 Ed. 3,5. (A) Ante, 246. (i) See 2 Manning, Pr. ^19. «To