Petition of Right Act in, 213

instance of an Irish claim the subject of a petition of right in
England, 49


Petition of Right Act in, 219


may sue by petition of right, 40


of realty may sue by petition, 40

or each may sue separately for his share, ib.

joint tenancy cannot be pleaded thereto, ib.
the Crown and subject cannot be, 29


in default of pleading, 182

application for, how to be made, ib.
may be set aside on terms, ib.

form of judgment upon petition of right, 182-3

effect of judgment upon petition of right, ib.

on petition for restitution equals "amoveas manus," 183

of the judgment of "amoveas manus," ib. See "AMOVEAS MANUS."
forms of, 599


how petitions intituled since, 158


of High Court of Justice in petitions
for lands in a colony, none, 42, 48

where Colonial statute provides means for their recovery, 43

where no such statute exists, 45

reasons for this, 47, 48

on contracts with Colonial Governments, 44


not where Colonial statute provides remedy, ib.

quære where it does not, 49

can Crown waive right of pleading to, ib.

of Colonial Courts not transferred to High Court by Petitions of Right
Act, 47


petitions to, 6

cannot be imputed to the Crown, 60


in England recoverable on petition of right, 70

instances and circumstances under which recoverable, 71, 72
but not land in colony, 46


recoverable on petition of right, 79


Petition of Right Act in, 220


can a petition of right be maintained for, 90


method of repealing, by scire facias, 28, 141

LIBERATE, writ of,

definition of, 21

form of, 123
examples of, 125

petition for, 8, 21

difference between and a petition of right, 22
copied on to the Liberate Roll, 124
the last liberates issued, 125

LIMITATION, Statutes of,

Crown cannot take advantage of, 178

but subject bound by Intestates' Estates Act, ib.


petitions in Parliament touching equitable matters referred to, 9
the Chancery is the office of, 10

formerly petition of right delivered to, after fiat, 10, 13
his jurisdiction over certain petitions, 14

can change the Court in which petition is intituled, 169
can change the venue named in the petition, 169
includes commissioners for executing the office of, 194


will not lie to procure endorsement, 165


Petition of Right Act in, 221


Qui facit per alium facit per se, 55

The king can do no wrong, 56, 58

The king never dies, 33

Actio personalis moritur cum persona, 31
Respondeat superior, 60

Contra non valentem agere non currit præscriptio, 38
Rex nihil aliud potest, quam quod de jure potest, 57

of property recovered by petition of right,

at Common Law subject not entitled to, 81, 84
statutory modification of this doctrine, ib.

by Articuli super Chartas, ib.
and Statute of Lincoln, ib.

MESNE PROFITS-continued.

of property recovered by petition of right-continued.
statutory modification of this doctrine-continued.
Coke's commentary thereon, 82

Lord Somers' opinion thereof, 83-85

effect of these statutes,

but money received by Crown receivers but not paid in,
can, 82, 84, 85

modern doctrine on this point, 85

money paid into the Exchequer cannot be restored, 82,
83, 84

a recent decision upon the point, 86

comment thereon, ib.

recovery of, upon petition of right, 93
prayer for form of, 80


can be recovered from Crown on petition of right, 90-96
money paid to Crown under mistake can. See RESTITUTION.

but not money paid by third person to Crown for benefit of subject, 97

thus money paid to Crown by foreign Government,

(1) as compensation to British subjects, 97-98

(2) or to pay debts due to British subjects, 99-101
cannot be recovered, ib.

prize money or booty cannot be recovered upon petition, 102-103

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OBJECTIONS IN LAW whether Crown should take or demur, 178

OFFICERS, military

hold office at will of the sovereign, 150

Court cannot on petition of right investigate grounds of dismissal, ib.
cannot bring petition of right for pay, 150


as to procedure on petition of right in Chancery, 191
general orders applicable to petition of right, 193


judgment of. See AMOVEAS Manus.

writ of, 184

issued to dispossess Crown patentee, ib.

effect of, ib.

does it issue against third party, 189–190


position of, where his tenant sued as third party, 173


rolls of, 6, 7. See ROLLS OF PARLIAMENT.
business of, in 14th century described, 7
a judicial and legislative body, ib.


third party may defend in formâ pauperis, 173
and also suppliant can sue as, 181, 192
procedure with relation to, 193


of Crown can be brought in as third party, 171
method of repealing letters patent, ib.

PAY OF OFFICER IN THE ARMY, petition of right does not lie for,

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how dealt with originally by Parliament-continued.
such tribunal either,

(1) ordinary legal tribunal, 9

(2) or applied by special commission, 10

mode of issue of special commission, ib.
warrant for the endorsement on the petition, ib.
form of endorsement, ib.

where the petition touched the revenue, 11
in other cases to do "right," 10
meaning of this endorsement, 11

the right of petitioning abused, 14

this abuse remedied by 8 Ed. I. and 12 Ed. I., 15

transfer of petitions in parliament under these statutes to ordinary

legal tribunals, ib.

division of remaining petitions into, ib.

bills of (1) parliament, 16

(2) council, 17

(3) grace, ib.

how these various classes were ultimately dealt with, 18

cannot be considered as "decisions" upon the law of petitions of
right, 65, 113, 130

of what they consist, 126-127


definition of, 1, 69
origin of, ib.

either by Statute of Ed. I., 2
or at common law, ib.

authorities discussed, 3-5

history and development of uses of, 6-23
was originally presented in parliament, 6, 7

its relation to other parliamentary petitions, ib.
was similarly dealt with, 7

old common law procedure thereon, 11

referred to commissioners for investigation, ib.
commissioners finding returned into Chancery, ib.
Crown's plea thereto a subsequent proceeding, ib.
two illustrations, 12

survival of old common law procedure upon petition of right, 13
reason of this survival, 14

other parliamentary petitions transferred, ib.

either to the (1) ordinary legal tribunals, 15
(2) or parliament, 16

(3) or council, 17

but "petitions of right" not transferred, 18
new procedure under Petitions of Right Act, 1860, ib.
original uses of,

to obtain restitution of property, 19
but not recovery of debts, ib.

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