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36. E. 3. cap. 13. Stat. 1. No Escheter shall take enquests of office but indented betweene the Iurors and him, else they are void.
33. H. 8. cap. 22. Set virtute officij onely to finde an office of lands holden of the King of v. l. value or aboue, paine v. l.
8. H. 6. cap. 16. Take enquests but of peo∣ple impanelled by the Sherife, and those enquests must be returned within a moneth after the taking. Paine xx. l. So of Commis∣sioners.
23. H. 6. cap. 17. Take enquest virtute bre∣uis, but within a moneth after deliuerie of the writ, his fees are set downe.
1. H. 8. cap 8. Made perpetuall. 3. H 8. cap. 2. Sit vnlesse he haue lands, &c. to the cleare yearely value of xl. Marks. Paine xx. l.
Delay to take the verdict when the Iurie offer it, paine C. l▪ So of Commissioners.
Be Eschetor in three yeares againe after that yeare ended.
34. E. 3. cap. 13. Stat. 1. A Trauerse gi∣uen to the partie whose lands are seised by office for alienation without licence, or no∣nage of the heire in Ward, it shall be sent to the Kings Bench to be tried.
36. G. 3. cap 13. Stat. 1. Vpon a trauerse or Monstraus de droit, the Chancellor may let him (that tendreth it) the Lands holden to farme finding suretie to do no wast.
8. H. 6 cap. 16. They shall not bee let to farme till the enquests returned, nor in a moneth after, within which time the partie grieued may haue the benefit of the former Statute.
All letters pattents within the moneth shall be void.
18. H. 6. cap. 6. All letters pattents made of lands or Tenements before office found or returned shall be void.
1. H. 8. cap. 16. The partie shall haue 3. moneths libertie after the office returned to tender his trauerse.
2. E. 6. cap. 8. Where an office is found for the King, he that hath interest for years or by Copie in the bond, or any rent Com∣mon, office, fee, or any profits of whatsoe∣uer estate out of the land shall haue them, though they bee not found in the office in such sort as they shold if no office had bin at all. When land is found holden of the K. immediatly, and that it should descend or come to an heire within age, which is or ought to be in the Kings ward, that heire within age may haue a Trauerse.
The partie grieued may haue a trauerse immediatly or after at his pleasure, when one is found heire where another indeed is heire, or when one is found heire in one Countie, and another found heire to the same person in another Countie, or when one vntruly is found lunatick, ideot, or dead
The party grieued may haue trauerse or Monstrans de droit (and shall not be driuen to petition) when it is vntruly found that one attainted of treason, felonie, or praemu∣nire is seised of lands, whereunto another hath iust title of an estate of freehold. And
••lthough the King bee entituled in such ••nds by double matter of record.
Vpon euery such trauerse a Scire facias ••hall go out as in trauerses or petitions be∣••ore, and the defendant therein haue the ••me aduantage that they had in a Scire fa∣••ias in a petition before.
In euerie trauerse pursued by vertue of ••his act, where by the Common Law the ••artie were driuen to petition, two writs of ••earch shall be granted. After Iudgement ••pon a trauerse sued by vertue of this act, if ••t appeare by matter of record that the king ••ath a former title, the same shall be saued ••nto him.
Artic. super chart. cap. 19. When the Es∣••hetor or Sherife seise land into the Kings ••and without cause: vpon ousting of the Kings hands the partie shall haue the mesn ••ssues restored to him.
20. E. stat. De Escheatoribus If the Esche∣••or by Writ out of the Chancerie seise land ••nto the kings hand, and after vpon inqui∣••ition no title is for the King to haue the ••ustodie. An ouster lemain shall be awarded ••or the partie out of the Chancerie.
Prouided, that if any thing afterwards ••ay be found in the Chancery, Exchequer, ••r Kings Bench for the King, a Scire facias ••hall go out against the party. And if the King haue right it shall be answered of all ••he issues from the time of the Eschetors ••irst seising of the land.
23. H. 6. cap. 17. In a Scire facias vpon •• Trauerse against any pattentee no protesti∣on allowable Vpon an office found virtute * 1.1 officij, whereby the King is intituled •••• ones wardship, the heire shal neuer haue li∣uery, that is to say, the land deliuered 〈◊〉〈◊〉 of the Kings hands. But vpon a perfect of∣fice * 1.2 virtute breuis, or commissionis, if it b〈…〉〈…〉 * 1.3 speciall writ or commission, not a gener〈…〉〈…〉 one to enquire of all wards he may. Ther∣fore here the heire is allowed these com∣missions following, or writs in the nature of such commissions: viz. First, for the 〈…〉〈…〉∣ding of an office for the King, then for the hauing of the land out of the Kings h〈…〉〈…〉. Those for the finding of an office are, 1. •• * 1.4 Diem clausit extremum, Mandamus, & Deue∣nerunt, to enquire what lands holden of the King, and what of other, the ancestor 〈◊〉〈◊〉 seised of the day of his death, the value, the day of his death, who is the next heire, 〈◊〉〈◊〉 of what age.
The Diem clausit extremum is to be ••••ed within the yeare after his death. * 1.5
14 E. 4 5. 6 H. 7. 15.
(a) Stamf. prer. 52.
(b) F. N. B. 235. c.
(c) F. N B. 252.
14 E. 4 c. F. N. B. 253. c.