Page:Prerogatives of the Crown.djvu/267

 Ch.XIL] Inquests of Office. 247 These offices are of two sorts, one of entitling and another of inst7-uction. The former issued out of Chancery in c^ses where | an office is necessary to entitle the King ; and is under the great seal, as the King cannot take but by the matter of record : the latter issued out of the Exchequer Court under its seal ; or if the land were under BL in value, was taken by the King's escheator, &c. of his own accord and virtute officii ; in cases where an office was not necessary to entitle the King, for the better instruction of the officer before seizure, and in favor of the subject that hasty measures might not be adopted («). This inquiry is an office or presentment : an office which finds matter to entitle the King to some possession, for an office is a title for the King [b). This is an admirably constructed bar-, rier between the Crown and the subject: the object evidently! is to support that fundamental principle of English law, that* the King may not enter upon or seize any man's possessions ; upon bare surmises, without the intervention of a jury {c), And the object is attained by the opportunity afforded the! subject of interpleading with the Crown by traversing its title,' ' or setting up a better in a monstrans de droit or petition of, right, which will be considered in the next chapter. For in ' cases where an office is a necessary preliminary, the King and his officers cannot seize the property without it, nor has the King a title for many purposes [d). At present our inquiry will be, 1st, as to offices with respect to real property ; and 2dly, with respect to goods and debts ; under which head also will be considered the law of extents, and some general observations on the law of offices will be submitted to the reader's attention. 1. With respect to lands, inquests of office were more fre- quently in practice than at present, during the continuance of the military tenures amongst us: when, upon the death of every one of the King's tenants, an inquest of office was held called an inquisitio post mortem, to inquire of what lands he died seised, who was his heir, and of what age, in order to entitle the King to his marriage, wardship, relief, primer (rt) Gilb. Exchcq. 109, 13, 4. 16 tie the Crown to any right. 2Atk.309. Vin. Ab. 79. Office, B. 12 East, 102. post, 252. ^ (h) Finch, L. 324. That is a finding (c) Magna Chart. 9 Hen. 3. 29. 2 Tior evidence of a title which enables Inst. 46. Gilb. Excheq. 132. Hob. [him to sue. An inquisition of attain- 347. 1 Bla. Rep. 130. 5-Ba. Com, 259. / der is only to inform, and does not cnti- (rf) 12 East, 96, seisin