Page:Prerogatives of the Crown.djvu/377

 Ch.XIII. Sec. III.] Traverse of Office. 351 the Crown, it is not sufficient for the subject traversing the office to rely on his own title or possession, however strong ; but he must answer the King's title, as found by the office, and though the King have none and the office be untrue, yet if the traverser cannot shew a legal title, his prior possession will not avail, and the King may retain against him {a). But it^eems an estate by disseisin is sufficient (6). The party tra- versing must also establish his title as stated in the traverse : if he cannot, it will not avail that he has in fact a good title (c). " Also," says Staundford [d), " it is not sufficient to traverse one of the King's titles, but he must traverse them all : for riiough the King's title that he is seised by be found not good, yet if there be any other record, that makes the King a title, whereby he may retain the lands ; the party must avoid also that title or else he gets no ouster le main. But learn if there be no such record in esse or being, at the time of the traverse tendered ; and hanging the plea upon the traverse, a new re- cord, that is to say, an office is found, which entitleth the King, whether in this case the party shall be driven to traverse this office or not, ere he have his ouster le main. And it seems he shall not, for so he might be delayed of his possession in- finitely by finding one office after another ; wherefore this office found hanging the traverse, shall be accounted in law as though it had been found after the party had had his ouster le main ; in which case then the party upon the first traverse found for him, shall be restrained to his possession by an ouster le main ,- and then after upon a scire Jacias, sued against him to shew why the land should not be reseised, upon this new office found for the King, he shall be received in that scire facias to traverse this new office. Howbeit this advantage he wins hereby, he then traverses with the King, keeping still his pos- session, where else he should traverse being still out of pos- session {e). Thus may ye see, when a man traverseth with the King, he may traverse all the King's titles that have then their being by matter of record, and is not bounden any further to answer for that time." (o) Staundf. Prae. 63, a. 64, a. (rf) Praerog. Regis, 64, b. {b) Hardr. 230, 231, 2, 3. 2 Saun- (*) T. U Hen. 4. f. 80. J 3 H. 4. ders, 3. f. 8. . ic) Staundf. 63, a. 64, a.