Page:Prerogatives of the Crown.djvu/278

 258 Inquests of Office. [Ch.XlI. writ out of the Chancery, seize land into the King's hand, and after upon inquisition, no title is for the King to have the cus- tody, an ouster le main shall be awarded for the party out of the Chancery. Provided, that if any thing afterwards may be found in the Chancery, Exchequer, or King's Bench, for the King, a scire facias shall go out against the party. And if the King have right, it shall be answered of all the issues from the time of the escheator's first seizing of the land. The requisites of the office, in point of form, will be consi- I dered hereafter. But a very important provision in the statute 2 / and 3 Edw. 6. c. 8. may be here noticed. By the 8th section of ^ that Act [a) it is provided, that " where any {b) inquisition or / office shall be found by these words, or the like, ' Quod de qiio I vel de quibus tenemetita pradicta tenentur juratores jpraedicti igno^, rant,^ or else found holden of the King, ^ per quce servitia jura-- ' tores ig?io7'ant,' it shall not be taken for any immediate tenure ( of the King in chief; but in such case a melius inquirendum shall be awarded, as hath been accustomed of old time {c)" Under tliis statute it was considered, in a recent case {d), that / an office or inquisition not finding of whom the lands are / holden, is in substance the same as one finding the ignorance ' expressly ; for, in favor of the omission to find as directed, it / must be presumed that the jurors did not know, rather than that they knew, and would not return the fact ; and that in ' either case, the award of a melius inquirendum would be ne- ' cessary. If the office be found against the King, a melius inquirendum, or further inquiry under the former commission, may be awarded for the King. But in good discretion, no melius in- quirendum shall be awarded in such case, without sight of some record, or otheT pregnant matter for the King, to shew the former was mistaken. And by pregnant matter for the Eng is meant, matter pregnant with evidenceofjybejCing's right (g) . "^ But, (a) See Ld. Coke's comments on this (c) See Co. Lit. 77, b. section, Co. Lit. 77, b. (<f) 12 East, 96, 115. (A) The statute is not confined to the {e) 8 Co. 168. 2 Ves. 555. The inquisitions mentioned in the previous melius inquirendum is grantable only on and other sections of the Act ; but re- the part of the Crown, and is given be- lates to all inquisitions aus to lands. 12 cause the Crown cannot traverse as the Sast, 96. subject can. 3 Atk. 6. No melius inqui- rendum i