34a Petition of Right. [Ch. XIII. Sec. I. but when one sueth by petition. And note also, that in every petition whether it be sued in the parliament or elsewhere, or whether the lands remain in the King's hands, or not in the King's hands, but be granted over, yet writs of search shall be awarded to search the King's title ere the party shall interplead with the King. Also it appears (a that upon a petition the King's patentee had aid of the King : it also ap- pears that if the King be not entitled by any matter of record, but without any title do enter into my land whereby I sue by petition unto his Highness ; that in this case no search shall be granted^ because no title can be intended for the King in such case." On the return of the inquisition, the Attorney-General may plead in bar or demur : and an issue of fact or law being joined, the merits may be discussed and determined by a jury(Z>), or the Court, as in ordinary cases between subject and subject. If the subject recover lands, &c. the judgment follows as a matter of course ; and the party need not sue to the King for the same (c). It is that " the hands of the Crown be re- moved, and possession restored to the petitioners :" whereby the King is immediately, by operation of law, out of pos- session (rf). Indeed the amoveas manus or ouster le main is the end of every suit where a man comes to interplead with the King, for without that judgment the land will still remain in the King's possession [e). But in all judgments or decrees in equity against the King or respecting his rights and claims the clause " salvo jure domini regis" is always inserted, and is expressly required by the statute 2 and 3 E. 6. c. 8. s. l^.j^y). But as the Admiralty Court proceeds in rem, the Crown is bound by a judicial sale of a vessel by order of that Court, though it had a prior title by forfeiture which was not dis- cussed {g). If on the petition money be recovered, the writ of execution for the subject is directed to the treasurer and chamberlains {h). And it is said they are personally liable if • (a) 16 E. 4. f. 3. And see Rex v. (rf) 2 Inst. 695. Rast. Entr. 463. Smith, Assig. Whitehall, Jones, lER, Finch, 459. 3 Bla. Com. 257. Addenda, tit. Excise, 2 Manning, Pr. (e) Keilw. 158, a. post, 349. 579, note s. (/) Finch, L. 459, 460. (i) As to the Venire, see post, 348, (g) 3 Price, R. 97. and sec. 3. div. 4. (A) Vid. Reg. Brev. 193. Plowd. (c) SUundf. Prerog. 82, b. 382, 459. 2 Mannin?, Pr. 579. . they
