Page:Prerogatives of the Crown.djvu/275

Ch.XIL] Inquests of Office. 255 speaking, be unnecessary to entitle to the Crown for other pur- poses, and the seisin in law still remains in the King as before («), these statutes restrain him from prejudicing the claims of his subjects by a premature grant of the property. To enable the King to make a valid grant an office would therefore be requisite in such cases ; and, as the King's grant would be void without it, neither can a plaintiff in ejectment recover upon a demise of the Crown in the same circum- stances. And in cases within the Act an office found and re- turned afterwards will not make an intermediate lease or grant good by relation (6). But the statutes do not apply where an office is unnecessary, and the King has a title qf record : as for instance if the King lease ; the rent to be paid in the exchequer, with a proviso of re-entry on non-payment ; here as the non-payment and forfeiture would by reference to the records in the exchequer appear of record (c), the King may grant, &c. this not being within these statutes of Hen. 6. {d). It will also be remarked the statutes do not extend to grants of p ersonalty [e). By these statutes of Hen. 6. the claimant or traverser, &c. of the claims of the Crown, is entitled to a lease of the lands in dispute under and in pursuance of the statute 36 Ed. 3. c. 13. by which if any come before the Chancellor, (&c.) and shew his right, by any shewing by good evidences of his right, the Chancellor (&c.) by his discretion shall let the lands seized to the party " yielding to the King the value, if it is adjudged for the King, in manner as he and other Chancellors have done before him by their good discretions :" so that he to whom it shall be letten, find security to do no waste or destruction « till judgment thereon (/)." " By the words of the statute," yet until office found and returned or (/) The wording of the statutes, 8 something equivalent, it does not seem Hen. 6. c. 16. and 18 Hen. 8. c. 16. are clear that a grant by the King, of the substantially the same as to letting the forfeited lands, is not within the prohi- lands to the claimant ; the former has bition of the statute, 18 Hen. 6. See it " to hold, till the issue be take* Dyer, 145, 6. 12 East, 105, 114. and determined for the King or the (o) Staundf. 54, 12 East, 104. party:" the latter says, *' to hold till (i) Savile, R. 70, the i«sue taken be found and discussed (c) Ante, 250. for the King or the party." And other (rf) 12 East, 1 13, 14. officers besides the Chancellor have thi» (#) Staundf. Prae. Regis, 54, a. 69, a. power of leUing. See also ante, 253. note (e). 7 snys