252 Inquests of Office. [Ch.XII. eery for the traversing of the same. Thus you may see a dif- ference between a thing that is manual and a thing that is not manual. And the reason is, that when a stranger is tenant at the time of the office, finding the office maketh no possession in deed in the King before an entry or seizure, and then whether the King's officer taketh not the profits when it falleth, but suf- fereth him that was in possession to take it, then was the King never seised, but he still remains in possession that was pos- sessed at the time of the finding of the office until such time as seizure be made for the King, which cannot be done at all times, as it may be of land, but only at such times as the profit thereof to be taken ; that is to say, when it falleth, and that is now past for this time, seeing it is already taken, and, there- fore, the King in that case is driven to his action. But query, whether his Highness may be brought in possession in these cases by a claim, or not ? <* Like law is it, where an office is found, which doth not entitle the King to the possession by entry, but only by action, as where it is found that the King's tenant, for term of life or years, or the grantee of a forest, hath done waste (a), or made a feoffiiient by collusion, contrary to the statute of Marlebridge, J or such like. For it is a general rule, that in all cases where a t qommon person cannot enter, but is driven to his action, there J the King cannot have the possession but by like action, or else t by a scire facias^ after office found, in nature of the action ; for ' the office in this case entitleth the King to no other thing but ^ only to the action {h). But query, of a feoffment that is found to ' be made by collusion, contrary to the statute 34 and 35 Hen. 8. / c. 5. for in that case, it seems, his Highness may enter without
- scire facias, because the said statute appoints no action to be
( sued in the case. And note, that in all these cases before, ' where the King is driven to his scire facias, or other action, if J the office be false the party may traverse the office, with the , King keeping still his possession, whether it be in the Chan- (a) 9 Co. 96, b. Sav. 1. So if the D. is held of the King, and it appears King's title appears by two distinct re- by a fine, thatthemanor of D. is alien- cords, the King shall not be in posses- ed in mortmain^ the King ought to have sion before a scire facias, though a com- a scire facias before seizure; for it is mon person in such case might enter possible that there are two manors of without action, except in special cases; D. 9 Co. 96, a. as if an office find« that the manor of {b) Ante, 247. eery
