Page:Prerogatives of the Crown.djvu/273

 Ch.XIL] Inquests of Office. 2if5 eery or any other court, and need not sue any ouster le main, if it be found for him, because he never was out of pos- } session." As the King takes by matter of record, so, generally, his estate shall not be divested, without office, or other matter of record. As if land be given to the King by deed inrolled, upon a condition ; the grantor cannot enter for the condition broken, without office {a). But where the King's estate depends upon the estate of another, if the former be defeated, the remainder to the King shall be divested, without office ; as if land be granted to A. for life, with power of revocation, remainder to the King ; if the uses are revoked, the King's remainder is divested without more (b). So if an estate be demised to A, for life, remainder to the King, upon condition, that if the lessor pays to A. lOl, he shall re-enter ; if he pays, he may re-enter, and divest the re- mainder in the King without office (c)* ' Here also should be noticed the restraints imposed by the legislature on grants by the Crown, of lands seized, before office found, and returned. By the common law the subject was exposed to much incon- venience, and his rights were endangered, by the Crown being enabled to grant or convey lands seized under inquisitions, to third persons, before the claimant had an opportunity of put- ting in his claim, that is before the return of the inquisition (d). To remedy this grievance the statute 8 Hen. 6. c. 1 6. provides that no lands nor tenements, seized into the King's hands upon inquest before escheators or commissioners, be in any- wise let or granted to farm by the chancellor or treasurer of England, or any the King's officers, until the same inquests and verdicts be fully returned into the chancery or exchequer; but all such lands and tenements shall entirely and continually remain in the King's hands, until the said inquests and ver- dicts be returned, and by a month after the same return ; miless the party grieved come into Chancery {e), and proffer to tra- (a) 6 Com. Dig. tit. Prerogative, D. nion law. Staundf . 68, b. 89. (e) This was because, where an office (b) 2 Rol. Ab. 215. 1. 45. was necessary to entille the King, the (c) Ibid. 1.55. Mo. 546. commission must issue out of Chancery. ((/) See further how this was at com- 5 Rep. 52, a. verse