The Institutions of the English Government; Being An Account of the Constitution, Powers, And Procedure, of Its Legislative, Judicial, And Administrative Departments. With Copious References to Ancient And Modern Authorities

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This principle may be considered the keystone of the existing constitution of this country. It has had the twofold effect of increasing the security of the Crown, by averting from the Sovereign the odium of unpopular acts of government; and of in- creasing the power of Parliament, by enabling it, by its power over ministers of the Crown, to correct or restrain maladministration.
Por injuries proceeding from the Crown, and affecting the rights of property, the law provides various remedies : one
... of these is by petition of right, which is said to owe its origin to Edward I. (a) . This remedy is resorted to where the Crown is in possession of hereditaments or chattels, and the petitioner controverts the title of the Crown ; where- upon this answer, being endorsed on the petition, soit droit fait al partie, a commission shall issue to inquire of the truth of the suggestion, and the merits shall be determined as in suits between subjects. An analogous proceeding by monstrans de droit, is resorted to where the King's title and that of the private claimant appear by matter of record.

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