case the king against rook a to know facias to repeal the patent of a searcher  of a port for nonattendance cro James the voluntary absence of a port searcher  from his duty be a forfeiture of office queen if the absence of a king officer  occasion by imprisonment at the suit of the king for a misdemeanour in his  office be a cause of forfeiture if a port searcher be absent and by not  appoint a deputy good and merchandise be export without be search it shall be  consider voluntary and a forfeiture of his office if a officer of the custom  seize uncustomd good and instead of take they to the king warehouse convert  they to his own use it be a forfeiture of office a show Cas par Eq Cas ab salk  vern vern b off ex sand lie peer wms Com dig croak car er p to know facias be  sue in chancery against Thomas rook to show cause wherefore his patent of the  office of searcher of the port of Sandwich cum member grant to he for life  shall not be seize as forfeit because by inquisition upon a commission issue  out of the chancery it be find that diverse misdemeanour be commit by he to  the great prejudice of the king and forfeiture of his office upon this the  defendant appear there and traverse the point find in the inquisition and  thereupon twentysix issue be join upon so many several point find in the  office some of they be triable in ken other by a jury of Middlesex upon this  the record be deliver by the lordkeeper with his own hand evidence be give at  the bar to a Kentish jury upon seventeen of these issue one of they be mere  for his absence from execute his office from the ten of June car to the twelve  of August follow to this the defendant plead that he be sick all the say time  and issue be join thereupon he fail in proof thereof the proof on the part of  the plaintiff be that he be well in health at London at that time this issue  be find for the plaintiff and to three other several time of his absence find  in the inquisition be plead that he be in prison and in execution at the king  suit by command out of the exchequer and upon these three issue because some  doubt be conceive forasmuch as the imprisonment be at the king suit whether  that shall croak car not excuse he for his absence in regard of the necessity  he be commit for debt to the king and misdemeanour in his office to avoid  therefore the question there be many other cause of forfeiture of his office  it be conceive the king shall not give evidence for they two other several  issue be whether he voluntary suffer a ship load with several commodity name  they to be export and other ship to be import and unladen without be search  and upon the evidence it appear that such a ship be import and unladen and  other also be export beyond sea not be search but these be so import and  export when neither himself or any of his deputy be there so it appear not  whether it be by negligence or voluntary for he do not know of they and so not  within that issue but all the court hold that this voluntary absence and  neglect so as neither himself nor servant be there to search be not only  Crassus heedlessness but a voluntary permission as if a gaoler shall leave his  prison door unlock and the prisoner escape it be not only a negligent but a  voluntary escape so here c whereupon the jury find this issue against the  defendant another cause of forfeiture of the say office be in issue videlicet  that he seize diverse good forfeit for not be custom and account not for they  to the king but convert they to his proper use to this be plead that he seize  they and be ready to account and traverse the conversion and upon the evidence  it appear that he seize they as forfeit and never tender to account nor bring  they into the exchequer nor signify in the exchequer what they be as he ought  to have do but he himself sell they at London which be a clear  conversion Whereupon this issue be also find against he