346 Petition of Right. [Ch.XIII.Sec.I. of the King's Courts of Record (a), and is usually in the trea- surer's remembrancer's office (b). When the petition is sued in parliament, " it may, says Staund- ford (c), be enacted, and pass as an Act of Parliament, or else to be ordered in like manner as a petition that is sued out of the parliament which is in this manner. First, after the petition is indorsed it shall be delivered to the Chancellor of England, and then shall there be a commission {d) awarded out of the Chancery, to find the right or title of him that sueth the petition ; which being found by inquest then he may interplead with the King and not before. And if upon the commission no title be found for the party but only for the King, yet the petition shall not abate, but the party shall have a new commission in that case, for the petition is but as void until the party's title be found by office, and is not to be said depending until that time (^). And note that when the peti- tion is indorsed the party must follow and pursue the same according to the indorsement, or otherwise his suit is void ; because the indorsement is his warrant therein. And there- fore some petitions be indorsed and sent into K. B. or C. P. and not into Chancery, and that groweth upon a special con- clusion in his petition, and a special indorsement upon the same, for the general conclusion is " que le roy ley face droit et reasoti!* which is as much as if he had prayed restitution of that that he sueth for : and there, upon such a general con- clusion, the indorsement is " soil droit fait al partie {fy which ever is delivered unto the Chancellor as is declared. But if the conclusion in the petition be special, and the indorse- ment special, then they shall proceed according to the said special indorsement; as for an example, the King recovereth in a quare impedit^ by default against one that was never sum- (c) Staundf. Prserog. Regis, 72, b. sion is not necessary if the Attorney- Corn. Dig. Prerogative, D. 80. General confess the suggestion, Skinner, (Jb) 2 Manning, Pr. 578, n. m. Ibid. E. 608. Where offke is found to en- Appendix, 253. Jones, lER, Memoran- title the Crown, the party may sue a da, tit. Krror. petition without any inquisition for him (c) Praerog. Regis, ch. 22. fol. 72, b. Com. Dig. ubi supra. Moore, 639. to 74, a. And see Bro. Ab. tit. Peti- {e) M. 3 H. 7. fol. 13. lion. Fitz. tit. Traverse. 1 1 St. Tr. 149. (/) This is now the usual indorse- 5 Bac. Ab. 572. tit. Prerog. E. 7. Com. ment. Lord Somers, Arg. 11 St. Tr. Dig. Prerog. D. 80. 149. (rf) Rast. Entr. 461. The Commis- moned.
