Page:Prerogatives of the Crown.djvu/269

 Ch.XIL] Inquests of Office. 249 it appeareth that the licence was purchased upon a false sug- gestion, and so void, and then the lands ought to revert to the King, because his reversion could not be discontinued (a). " Like law hath been used where his Highness is to seize, lands of priors, aliens within this realm ratione guerre^ his '. Highness doth it without any office, for in both these cases the ' King's title is notorious enough although it appear not of record, , But yet in these cases his Highness must seize ere he can have ' any interest in his lands, because they be penal towards the * party (&)." So (c) if possession in law or a freehold, be cast upon the King, as it may be on a common person, there as the freehold ought not to be in suspense, the King is entitled and may seize without any office, as in the case of a descent in remain- der or reverter; or of an escheat, if, as seems necessary in such a case, the deceased tenant held in capite or the King's title otherwise appear of record {d Nor is an office necessary where the Crown claims the temporalities of a Bishop during the vacation of the see {e or an estate under a devise from a subject (y ), or the lands of an alien deceased ; but " if the alien be living an office is necessary ; and if he obtain a charter of denization and die, there, if the alien heir enter, since he was freeman of the charter, an office is necessary to defeat the estate (g)." And by the statute 33 Hen. 8. c. 20. in case of attainder of high treason, the King shall have the forfeiture instantly, without any inquisition of office (A). In the case of other attainders, it seems to have been considered that an office is necessary to entitle the King, unless in the case of the attainder and death together of the party (/). With respect to the necessity of having an office, the rule, is, that in all cases where a common person cannot have a pos-J session, neither in deed noY in law, without an entry, the King J cannot have it without an office, or other record {Ic), As, if i (a) Stanndf. Praerog. Regis, b%, a. (/) Bro. Ab. Prerog.pl. 143. (/;) Ibid. 4 Term R. 734. (g) Gilb. Hist. Excheq. 109. Co. (c) Staundf. 54, a. Lit. 2, b. (rf) See per Lord Ellonborough, 12 (h) Staundf. Praerog. Regis, 53, a. East, 109, 110. See Ibid. 99, and 103. 4 T. R. 730, 734. post, 250. (e) 4 Co. 58. Savilc, 7. 9 Co. 95, (/) Staundf. 53, b. b. Staundf. Praerog. Regis, 54, a. Gilb. (A) Staundf. Prairog. Regis, 55. 6 Hist. Excheq. 108. Com. Dig. Prerog. D. 67. the