coke a sir george REYNELS case hill James a case in chancery see Robarts v  mayor etcetera of London lt p have the office of marshal of the Marshalsea for  life the king grant it in reversion for year to e and his assign who assign it  to S p die S make r his deputy at will and afterward assign the say office to  he by office by force of a commission under the great seal and return into  chancery it be find that r have commit diverse forfeiture of the say office by  suffer voluntary escape of prisoner c resolve the king may seize the office  without a to know facias the grant for year of the say office be void in some  case the king shall be in possession by seizure without office in some by  office without seizure in some by office and seizure in some case the king  shall be in seize without any office or seizure where two distinct matter of  record amount to a office there ought to be a cognizant fa before the king  seize unless in special case in all case where a common person be put to his  action on office find the king be put to his cognizant fa but when a common  person may enter or seize a office without a cognizant fa shall suffice for  the king the award of the seize in the principal case shall be in the court of  chancery where the office be return and the party shall have his traverse or  to point out de law to avoid the office in the same court and where the award  of seize be make the admittance and allowance of such person to who the  custody of the prisoner shall in the interim be commit belong to the court of  king b by the office and award of the seizure the king be in possession  without any writ or commission award for that purpose but there shall be a  writ of discharge direct to r and also a writ direct to r to deliver by  indenture c all the prisoner c in his custody Jupiter quarto Decimus die  novembris year royal power king James England c the ninth inter dictum owner  king quer etGeorgium reenel soldier defend cum die act of giving to be prfato  to ward off usque twelve diem eager novemb ad to stretch out causan quare duty  Marescal Marescalci in person Self ring tanquam forfeit in manus speech domini  king seisiri non to withhold S quarto Decimus die novembris magister  Richardson e council cum prfato to ward off to visit cause in she part  allegavi quod breve de to know facias versus prfatum to ward off attendance to  withhold before office prd in manus speech dom ring seisiri to withhold say  who curian hic in prmissis beyond advisare vult therefore die act of giving be  per the same curian usque diem moon S fivepercent tax for the fifth time diem  eager novembris quo die dominus A kind of porter England associate Himself  Edwardo coke soldier of to head justice de banc Laurentio Tanfield soldier  capital baron scaccarii Petro Warburton soldier to make one justice de banc et  jacobo Altham soldier to make one baron scaccarii quid per concilium ex a bag  of hide part form to be able utrum duty prd in manus speech domini king  seisiri to be able without breve de to know fac prius lie hidden or not to  hear to put forth at which day in Michaelmas term now last pass the case be  argue before the Lord chancellor and the say four judge by Richardson for sir  George reenel and by Damport for the king and the case be such Edward peacock  to have to hold office mareschalli Mareschalc coke b in person lord ring for  the term of his life and the king that now be September year primo royal power  Himself grant the say office to sir James Elphinstone now Lord Balerinoth and  to his assign for year in reversion who Jan year ring throw by deed assign it  to Henry spiller Edward peacock die December year ring who depute sir George  reenel by word to exercise the say office as his deputy at will and afterward  in January follow Henry spiller by his deed assign the say office to sir  George reenel and it be coke report a er p find by office by force of a  commission under the great seal and return in the chancery that sir George  reenel have commit diverse forfeiture of the say office by suffer voluntary  escape of prisoner c and the only question which be argue at the bar in the  chancery by the say order of the court be if upon this office the king may  seize without a cognizant fa for no question be make upon the validity of the  office but after the argument I move if such office may be grant for year or  not and then the Lord chancellor conceive it can not but desire we to consider  of these two point know if the king may seize without a cognizant fa and if  such office may be grant for year and we pray time to advice till this term  and in the vacation we four several consider of those two point and in the  beginning of this term we meet and confer together and as to the first we all  resolve that the king may seize without sue a a cognizant fa for the reason  and cause which coke chief justice in the presence of the other in the  chancery this term open deliver in the chancery and because diverse authority  be cite at the bar and some seem to contradict the other he make the report in  this manner in some case the king shall be in possession by seizure without  office as in b and c Stamford I the case of the temperality of a bishop and of  prior alien because the certainty of they appear in the exchequer d in vain  fit per more quod become to be able per pauciora in some case the king shall  be in possession by office without seizure as of land tenement office c which  be local or whereof continual profit may be take as where it be find by office  that a condition be break or that a person attaint of felony be seize of land  c or in the case of wardship of land c in all these case the king immediate by  office be in possession before any seizure vide e h b f h b h l b a h b a b h  a b a Stamf c vide Trin Elizabeth Dowties case in the three part of my report  fol Trin Elizabeth the company of saddler case in the four part of report fol  in some case the king shall be in possession by office and seizure as in case  of g advowson c the right patron shall not be oust by such false office find  thereof till the king present and his clerk be admit and institute for if the  king clerk be refuse and the king bring his quare hinder coke a he may  traverse the king title find by the office in the same action and be not put  first to traverse the office as he be put in the case beforesaid of  inheritance manual where by the office the king be in possession for there he  ought first to avoid the office by traverse c and till the office be avoid the  king shall be in possession h e b e I e and Dowties case aforesaid as if the  manor of dale hold of the king be alien in mortmain by one who have nothing in  it and it be find false by office that he who alien be seize in fee and alien  in mortmain by this office the king be in possession immediate and in any suit  or information commence for the king for the profit thereof the right owner  shall not traverse the king title find by the office but first he ought to  avoid the office by traverse c vide h but if one alien a advowsen in mortmain  in which he have nothing and it be find false that he be seize in fee and  alien in mortmain the a die pl pl roll side kelw b   a Leon roll Rep hob b h a  Stamf Prrog a b c Stamf Prrogat d   a   light b Bulstr Nov roll Rep Hara e  Fitzherbert Prrog Br Prmrog Br entry congeable Br office devant escheat Br  patent Br condition f Br office devant escheator Br Prrog Br Esch   b Leon  postea a Plowd b more   b Stamf Prrog a g kelw b a TR will h   I a Stamf Prrog  a I e a   a Br quare imp Br travers de office Br office dev escheat Stamf  Prrog a coke report b er p king thereby be not in possession of the advowson  until he present and his clerk be admit and institute and if in such case his  clerk be refuse and the king bring a quare hinder the right patron may  traverse the king title in the quare hinder before be avoid the office by  traverse c because the advowson be not manual but hreditas incorporeal and  eastern rather because the right to present when it fall be casual and not  continual in some case the king shall be in seize without any office or  seizure as where the king tenant die without heir c the law cast the seize  upon the king without office or seizure as in a h b vide the say case of b  Dowty and of the company of c saddler when two distinct matter of record  amount to a office there ought to be a cognizant fa before the king seize  although a common person in such case may enter or seize unless it be in  special case as if it be find by office that the manor of dale be hold of the  king and it appear by fine of record that the manor of dale be alien in  mortmain there ought to be a cognizant fa in which it shall appear by averment  that all be one and the same manor for there may be diverse of one and the  same name and that he who alien be seize for both without such averment shall  not put the party to answer but when there be identity of a thing and it  appear to the court that they can be diverse there two matter of record shall  amount to a office as in the case of sir John savage who be d sheriff of the  county of Worcester for life by letter patent under the great seal he be  indict of two voluntary escape of felon and it be hold per cur in banc king  that those record amount to a office and that the king may seize without a  cognizant fa and the reason be that it appear to the court that there can be  but one sheriff in a county and therefore no cognizant fa be necessary coke b  in such case mich h rot report by e die Phil mark b notam good difference vide  e brief ass ass ass e b Elizabeth f dyer Elizabeth in all g case when a common  person be put to his action there upon a office find the king be put to his  cognizant fa as in case of waste cessavit c but when a common person may enter  or seize there a office without a cognizant fa shall suffice for the king h b  h h h b Stamf I vide king Dowtys case aforesaid and by these difference  apparent in our book all the book be well reconcile and agree and for  authority in law in case of office h a the abbot of saint Alban have a gaol  and detain prisoner because he will not be at the charge to sue forth a  commission for their delivery the king have cause to seize the franchise into  his hand e b the abbot of m Crowland have a gaol in which the prisoner be  imprison and because once be keep man who be acquit of felony and also have  pay their fee the king reseize the gaol for ever and that be for misuser of  his franchise e a b the duke of n Norfolk be marshal of England grant the  office of the marshal of the Marshalsea of the king bench by his deed to one  John bouchier for term of his life with warranty who be admit accord of record  and afterward the duke die his heir within age and it be find by a Br office  devant c Br Prrog Br escheat   b Leon before b   b Plowd b more Stamf Prrog a  b   I c   d die pl kelw roll before a e die pl kelw roll Ant a a f die pl g  stamp ask first a b   b h h b I Stamf Prrog king   l Finchs argument in quo  warranto Fitzherbert Franche Br forfeit Br franchise m Finchs argument in quo  warranto n Br office devant escheat roll Br patent coke report a er p office  that the duke die seize of a estatetail in the say office and that it descend  to his heir within age and there it be hold by this office bouchier be out of  possession and the king be in possession till he have avoid the office by  traverse c and coke chief justice cite a record in Trin e rot Cant in person  ring fulco de Valebus attorney sive vicegerens rogeri bigot Com Norff et  marshal England because to let pass alanum osmund who utlegatus to be pro  death Henry Hagan who to be sub guard svan as nullo crimine rectatum et  sending in duabas exclesiis to hear et per broad way turn et tavern without  shackles to walk et act  forisfecit duty suum marshal One cum twig who take  hold in shades of dead king To bring together viscount cantiae and the say  case of sir John a savage be cite again to this purpose wherefore it be  conclude that in the case at bar the king may seize without any cognizant fac  and all this be agree by the Lord chancellor of England as to the other  question it be resolve by the chief justice chief baron and Warburton justice  that the say grant for b year of the say office be void a because this office  be a office of great trust annex to the person and concern the administration  coke a of justice and the life of the law which be to keep those who be in  execution insalvaetarcta custodian to the end they may the soon pay their debt  c and this trust be individual and personal and shall not be extend to his c  executor or administrator for the law will not repose confidence in matter  concern the administration of justice in person unknown this office require  continual attendance in court and perhaps the lessee may die d intestate and  then who shall be officer till the administration be grant shall the ordinary  or who else and if the officer die in debt and none will prove the will or  take administration who then shall be officer c every such officer ought to be  admit and allow by the court and swear there but if such officer be admit for  year then the executor or administrator will be officer without allowance or  admittance which will be inconvenient a before a dyer pl kelw roll before a b  roll roll Jones Cr car hard Jones a office which do not concern the  administration of justice and only require common skill and diligence may be  grant for year because they may be execute by deputy without any inconvenience  to the public thus the office of register of policy of insurance in London be  grant by the king for year and adjudge to be a good grant for it do not  concern the administration of justice but only require the skill of write  after a copy yell v prior hard and Vid Jones v clerk hard and office of this  kind may be grant to one person in trust for another and the court of chancery  will compel the execution of the trust Bellamy v burrow forester a Vid  Drummond v the duke of saint Alban Ves it be general say that no office of  trust require skill and capacity in the execution of it can be grant for year  mead v Lenthall cro car SC W Jones in sutton case man it be determine that the  office of marshal of the king bench may be grant to a person for year  determinable on the death of such person for in that case the office can not  go to executor or administrator and in progers v Phrasier show SC Ven Lord  hale be say to have be of opinion that a office of trust may be grant for year  for that the true reason of the determination in Reynells case be that the  custom have be to grant it in fee and Lord chancellor finch be report to have  say that a office may be grant for year for the same inconvenience attend a  office in fee and a person unknown and unfit as a infant or feme covert may  happen to have the same under a estate of inheritance and in Jones v bird hard  it be say by baron Nicholas that Reynells case be not law for by the same  reason that the office can not be grant for year it be not grantable in fee  Vid Bacon ab office h cruise dig office pl seq vin ab officer and office e Com  dig officer b b a Ant b c roll roll Jones d Cr car coke report b er p this be  a ancient office and have always be grant for life or it will so that the  person to who c be certain know and before these day never be grant for year  and in these case innovation be dangerous if it may be grant for year it may  be demand if it shall be forfeit by utlary or shall be asset to his executor  and many other question will arise upon it m h rot in the king bench this  office grant to one for life a h b grant to Bradon for life b e a b this  office be grant to Bourchier for life m Elizabeth to gawdy for life and in no  book or record can it be find before this time that this office have be grant  for year but yet by a act in law a term which be but a chattel may be in such  office as it appear in e a b the duke of c Norfolk have a estate tail in the  office hold of the king in capite and die his heir within age and that find by  office in that case the king have a chattel in the office see during the  minority and if the king die it will descend to the next king and will not go  to his executor or administrator so a act in law do not introduce any  inconvenience but there it be put that if the king grant the office for life  or during the minority there ought to be a cognizant fa against the patentee  and without question the grant for life in such case d the king have but a  chattel be void and so for the reason aforesaid it seem also the grant thereof  during the minority for if the grantee shall die his executor or administrator  will have it which will be inconvenient and the principal case of e a b the  king have the office in ware grant it to Wingfield at e will which without  question stand good in law and where the chief baron in h a say if a man grant  a office to another for life or for year and he will not f execute his office  or otherwise misdoes his office coke b the grantor shall seize his office  first it do not appear what manner of office be mean see of great trust or  concern the administration of justice it be but a sudden opinion not pertinent  to the principal case and there neither Prisot nor any other of the justice  affirm that the say office of marshal may be grant for year and where it be  object that the king may grant the custody of a g gaol to another in fee and  also to be h sheriff of such county to one and his heir which estate in  feesimple include all other estate and the heir in such case be as well  unknown at the time of the grant as the executor or administrator in case of a  grant for year to which it be answer that it be true that such grant may be  make by law but they differ from this case at the bar for diverse reason there  can be any such intermission for immediate by the ancestor death the office  descend to the heir such estate can be forfeit by outlawry in ancient time  come have the custody of the county and be call I prpositus comitatus shire  reeve I reeve of the shire which be as much as to say prpositus comitatus and  afterward it be transfer to the sheriff who be king sheriff I in vice conit  but as the king can grant to one that he and his executor or administrator  shall be count or earl for year for then his executor or administrator one be  appoint by himself the other by the ordinary will be earl so without question  the king may create a earl for life in tail or in fee this office of marshal c  ought to come in by admittance or allowance of the court so do not the sheriff  or gaoler grant of such office in fee or for life have be allow and approve  but such grant for die pl a Br office Br deputy Br forfeit c h b a b a b Ant b  die pl keb c Cr car roll Ant b Br office devant escheat Br patent d roll e  roll f   light a postea a g roll h roll   light a before b king   light l    light b coke report a er p year be never allow or approved etpericulosum to  value quod will do you much good verdure non to approve pattern and if this  and such office may be grant for year then the office of custos narrow places  of the chirographer or of the king silver c may be demise in possession or  reversion for year or more so of the clerk of the pipe and of the king  remembrancer c in the exchequer and so of the office of clerk of the crown in  this court and of other office in other court upon which the subversion of  justice by reason of ignorance in the officer will ensue for good clerk will  be deter from apply themselves to get knowledge and experience when such  office shall be saleable and transfer from one to another for lucre and gain  upon which also will ensue corruption in the officer and extortion from the  subject and other great inconvenience and the Lord chancellor hear these  reason agree clear with this resolution and say that so be the opinion of sir  John Popham late chief justice of England in all coke a such case as he have  often affirm to the say Lord chancellor end to I also when I be  attorneygeneral and it be also resolve that forasmuch as the office be find by  force of a commission under the great seal and return in this court that  although the office be to be execute in another court yet the award of the  seize shall be in this court where the office be return and in this court the  party shall have his traverse or to point out de law as his case be to avoid  the office and when such award shall be make the custody of the prisoner be to  be commit to another to avoid the escape of those who be in the say prison and  so have it always be use but the admittance and allowance of such person to  who the custody shall be new in the interim commit belong to the court of king  bench then the Lord chancellor ask how this seizure shall be make and I answer  that by the office and the award of the seizure the king be in possession  without any writ or commission award for that purpose but that there shall be  a writ of discharge direct to sir George reenel accord to the effect of the  writ in the register when a escheator be remove et a mandatum be recently  escheatori r in come prd quod eid I rotulos short catalog et in all respects  alian office mock cangentia queen in custodian set to step out per indenture  ind inter eos debit conficiend freely c and the like writ shall be direct to  sir George reenel to deliver by indenture all the prisoner c which be in his  custody and as when the king be false entitle by office and upon petition  traverse or to point out de law judgement be give quod manus dom ring b to  move away that without other writ the hand be remove as it be hold in ass p e  title ass e queen imp Stamf Prrog and so it be adjudge in common banc between  brown and a terry hill Elizabeth rot and yet in such case the use be to have a  writ of to move away shades of dead so when a office be find forfeit present  by the law the party be out of possession and the king be in possession and  yet the use be and to good purpose to have such writ of discharge as be  aforesaid and yet till he be actual remove he shall answer for all escape for  he who occupy or have the custody of a gaolby right or wrong shall be charge  for escape of prisoner h a and he who have the custody of a gaol in fee and  substitute another at will or for life under he the action upon the escape  will lie against he who have the actual possession of the office e bar the  abbot of Westminster case against a gaoler at will Elizabeth dyer gaudy  undermarshal for life but if they be not sufficient to answer b superior know  he who grant at will or for life as appear in h b coke b for the insufficiency  of John c Brandon who have the Marshalsea for life the duke of Norfolk who  have the inheritance be charge for escape of prisoner b a   a b Cr Elizabeth  more   Ent b Cr Elizabeth hale pi cor b die pl keb Nov Inst hale pi cor e c  Bulstr b so in plummer v Whitchol Mod SC lev t Jones vent keb it be hold that  debt for a escape coke report a er p and the case be cite which begin in this  court Paso Regin Elizabeth rot inter placita Regin the record of which begin  in this manner Mid constat quod dom Philip owner maria recently king regius  England sister dom Regin nunc prcharissim pro see hredibus successor dict  Regin Mari per the same recently king Regin Philippi Mari litter patenes sub  Magno seal his England confect geren that at west die September year eorund  recently king Regin to hand over to go away Marco d steward noble qfflcium  servien eorund recently king Regin Mari ad arms attendend super cancel England  pro tempore existen ac Self Marcus servient suum ad arms fecer to order to put  per ease litter patenes habend gaudend office mock pro boundary will sum with  all fee and a certain fee of d per diem by force whereof the say mark be seize  of the say office for term of his life and it be find by office June and  Elizabeth by force of a commission c direct to Randal hurleston John Nuthal  esqr and other and return in the chancery quod prd Marcus non deservivi in  duty servient ad arms prd juxta execution et course prd a letter patent  Himself confect de die octob and royal power dict dom Regin nunc usque diem  Feb tunc ult prterit ante caption examine prd send per totum idem time ab  eoden duty see absentavi et modus ad haec diem know diem maii year ring dict  dom Regin nunc go for sale hic prfat Marcus steward to express grief see  ration multicolored examine prd ab exercise duty Himself predict amolum be et  hoc minus just by which it appear that immediate by the inquisition he be in  law remove from the say office which also appear by the judgement pro  monstratione recti sive law Himself in here part idem Marcus to say quod owner  queen nunc know or die Nov and royal power Himself at Westminster in come Mid  devoted to for Marco freedom ad see absentand ab exercise duty Himself prd  durante pleasure Self Marci donee per self dom queen ei prciperetur ad  deserviend in duty his prd and that from the time of the licence till this day  the queen have not command he to exercise the say office c Gerrard the queen  attorneygeneral take issue quod ead owner queen non devoted to eid Marco  freedom ad see absentand ab exercise duty Himself prd durante pleasure Self  Marci while per self dom ring nunc et prciperetur ad deserviend in duty his  predict modus form c et hoc idem attorney c pet quod to seek after per coke a  native land prd Marcus similiter therefore die act of giving be the dawn eaden  owner queen in tomorrow ascension dom wherever tunc to be in England ad  faciend recipiend quod justice to be in prmissis et venire facias c award to  the sheriff of Middlesex returnable in the king bench at the same day and sir  Thomas Bromley knight a chancellor of England die moon post crastin ascension  dom term Paso Elizabeth Reg per manus urge to appropriate to weigh well record  prd cor self ring in cancel svan habit in cur in person dom ring S the court  of king bench and in tomorrow a rising a jury be return who appear and give a  special verdict they find the say letter patent of the king and queen Philip  and mary to the say mark steward of the say office which be enter in haec word  and further find that at the humble petition of the earl of Leicester and dr  huit dom queen prd ult Nov and royal power dict dom ring nunc to go away quod  id Marcus he himself absentare ab exercise dict duty Himself durante pleasure  Self Marci until what time ead dom ring Self prciperet to serve zealously in  office his prd and that Augustine steward brother of mark steward marcii and  ring per dict dom Regin admission to be ad attendend loco et vice lie against  the warden of the fleet as superior the grantee for life be unable to make  satisfaction Semb contra cross v Lenthall show by stat and will c the person  to who the inheritance of the king bench and fleet prison belong be make  answerable for all forfeiture escape c commit by their respective deputy and  by stat Geo c the prison house with the power of appoint a marshal of the king  bench during good behaviour and while he shall be resident in the prison or  the rule thereof be vest in the crown and the appointment of inferior officer  give to the marshal d roll more side Cr Elizabeth c curian de banc our men  when the king speak signify the king bench king v Leonard strange but court of  the bench at Westminster designate by its locality the court of king bench  impey v tailor m and S Vid mill v pollon taunt SC b more a sand side Inst Mod  Rep coke report b er p Self Marci brother Himself super n Bacon soldier adtunc  dom guard great seal and then in the presence of the queen be swear c by force  whereof the say Augustine exercise the say office usque Jun and Elizabeth say  utrum dict dom Regin per word so much without scribe sigil to be able  sufficient in lege freedom dare eid Marco ad he himself absentand ab exercise  duty Himself predict jur predict inside ignorant et ind pet auxil et  advisement cur in prmiss and this case be argue at the bar and bench and  depend in advisement till Michaelmas term and then it be resolve by b sir  Clarles Wray chief justice and totan curian that the licence by c word be good  enough and because all plead in the chancery accord to the ordinary power be  in person dom Regin in cancel and the keeper of the great seal or chancellor  of England be but the queen deputy during her pleasure and therefore the  service of the sergeant at arm do to the queen deputy be in law do to the  queen herself and that well appear by the letter patent themselves for king  and queen p m to go away c duty servient eorund nu per king et Reginco ad arms  attendend super cancellar England c so that he be the king and queen sergeant  at arm and therefore queen Elizabeth may well by parole licence he to absent  himself c which in a manner be a refusal of his service for the time for it be  at her pleasure whether she will accept his service or not another reason be  give that the queen do not depart with any interest in this case but suspend  the service of a sergeant for a time and therefore such licence by word be  good enough also it be resolve that it be true that a nonattendance upon the  say office be a cause of forfeiture but it ought to be a coke b voluntary  negligence and not when he have the queen assent who be to take advantage of  the forfeiture for the nonattendance and afterward b judgement be enter in  this manner super quo look per curian hic comprehension omnibus one prmissis  matura and deliberation ind condition servient dict dom Regin ad law ac Self  Regin attorney ad hoc convocate present to look at closely be quod dictum duty  speech servient ad arms in shades of dead a house Regin retent eiden to set up  again a quod prd Marcus ad exercise duty Himself prd a quo amotus to be needle  vadiis feodisinde eiden duty debt is owed pertinent a speech tempore removal  set ab exercise duty Himself prd thus far percept detent to set up again salvo  always jure Regin si quod c which record at large be worthy observation be as  follow