case craig against norfolk recovery of damage for disturbance of office be  sufficient evidence of seize in a assize against the same defendant S C keb  S C lev S c lily Ent Carth term Rep to maintain a assize for a patent once the  party must prove a seize in law roll Abr   a salk Cowp term Rep in a elective  office the party must a dougl notorious facts term Rep modern er p be invest  to gain possession but in a office by patent he be in by the creation Leon Mod  Mod fitzg Bac Abr ld ray   light a Bl Com trial at bar of a assize for the  sergeant at mace place in the house of Commons the plaintiff have his patent  read and the court ask if they can prove seize to which the plaintiff counsel  answer that they have recover in a action upon the case for the mean profit  and have execution per curian for aught we know that will amount to a seize  Twisden justice upon your grant since you can not get actual seize you shall  have crone into chancery and they will have compel he to give you seize hale  chief justice a man may bring a action upon the case for the profit of a  office though be never have seize the record be read of his recovery in a  action upon the case for the profit hale chief justice this be but a seize in  law not a seize in fact the counsel for the plaintiff much urge that the  recovery and execution have of the profit be a sufficient seize to entitle  they to a assize it be object modern that the plaintiff be never invest into  the office hale say a investiture do not make a officer when he be create by  patent as this be but he be a officer present but if he be create a herald at  arm as in Segars case he must be invest before he can be a officer a person be  a officer before he be swear the defendant be the pernor of the profit and you  have recover damage be not this a seize against you the jury shall find it  special but the plaintiff choose rather to be nonsuit because of the delay by  a special verdict and the court tell they they can not withdraw a juror in a  assize for then the assize will be depend the roll of the action upon the case  be in Michaelmas term in the nineteenth year of Charles the second roll  trinity term the fifteen of Charles the second in the exchequer Chamber Friday  June king bench sir Robert Forbes Knt chief justice sir though Mallett Knt a  Mr justice Mallett by reason of his age be discharge from his office on  Tuesday that June a sir though Twisden Knt sir what Wyndham Knt justice common  plea sir John Vaughan Knt chief justice sir Robert hide Knt sir though Terrell  Knt Samuel brown Esq justice exchequer sir Orlando Bridgman Knt chief baron  sir Edward Atkins Knt sir Christopher turner Knt sir Richard Rainsford Knt  baron