coke a parish STOUGHTERS case hill James which begin mich of the same king a  melius to seek after recite a former office that p S be seize of a certain  manor and die seize the d February Elizabeth c and that the say manor be hold  at the time of the death of p S of Q Elizabeth n socage c be award James to  inquire whether the say manor at the time of the death of the say p S be hold  of the king by knightsservice by virtue of the writ it be find that the say  manor be hold at the time of the death of the say p S of the late Q Elizabeth  by knightsservice hold the writ of melius to seek after be repugnant and give  no authority to find such office as be find a melius to seek after shall be  award on a surmise in court that the land be of great yearly value than be  declare in the office so on a surmise that they be hold by other service or  that the party be seize of another estate than be find in the office but if in  these case on the writ of melius to seek after it be again find against the  king the king shall not have a new writ of melius to seek after after office  find against the king the court shall not in sound discretion award a melius  to seek after unless on some matter of record or some other pregnant matter to  show the former to be mistake parish Stoughter be seize of the manor of  OverStoughter in the county of Gloucester to he and the heir male of his body  and have issue chamber Stoughter and die by writ of mandamus year James it be  find that the say parish be seize of the say manor as be aforesaid and die  seize the d of Feb year Elizabeth and that chamber be his son and heir and  that the say manor be hold at the time of the death of the say parish of queen  Elizabeth as of her manor of Netherball in the say county by fealty and rend  in free and common socage c Trin James a melius to seek after be award a a  melius to seek after be grantable only on the part of the crown but when there  be any misbehaviour in the execution of a inquisition it must be examine into  and if the court see cause they may quash it and direct a new commission but a  melius to seek after be for the crown who can traverse as the subject can per  Lord Hardwicke ex part Robert atk in what case a melius to seek after be  grantable and in what manner Vid vin ab melius examine a b c a recite the  former office to inquire only of this point whether the say manor of  OverStoughter at the time of the death of the say parish be hold of our  sovereign Lord the king in capite by knight service or otherwise by knight  service by virtue of which writ it be find that the say manor be hold at the  time of the death of the say parish of the late queen Elizabeth by knight  service as of her manor of NetherStoughter and that at the time of the take of  the same inquisition the say manor of OverStoughter be hold of the king which  now be by knight service as of his say manor of netherhall and it be clear  resolve by the two chief justice and the chief baron that the say writ of  melius to seek after be repugnant in itself and give not coke b authority to  find such office as be find for the say parish die Elizabeth and the writ of  melius to seek after be to inquire whether at the time of the death of the say  parish the say manor of be hold of our lord the king which now be which be  impossible and repugnant that in year Elizabeth the say manor of shall be hold  of our lord the king who then be king only of Scotland and not of England and  although the find be well yet forasmuch as it be void without the warrant of  the writ all be insufficient and void and a new writ of melius to seek after  ought to be award vide f n b d that a melius to seek after shall be award on a  surmise in court that the land be of great a dyer pl f n b b d   a yearly  value than be declare in the office and by the like reason on a surmise that  they be hold by other service or that he be seize of another estate than be  recite coke report a er p in the office but it be resolve that if on the writ  of melius to seek after in these case it be again find against the king the  king shall not have a new writ of melius to seek after and that for three  reason because then there will be no end thereof but such writ will issue  infinite   a   b   Inst Bulst hob infinitum in jure to disapprove as if a writ  of they to shut extremum or mandamus c be find against the king there shall  not be a new writ of they to shut extremum or mandamus award so if upon the  melius it be find against the king no melius shall be far award vide Elizabeth  dyer a   light b die pl a the melius be in the nature of the first writ of  they to shut extremum if office be find for the king the party grieve may  traverse it and if the traverse be find against he it make a end of the  business so if it be find for he who tender the traverse it shall bind the  king as to this matter and so when the first office be find against the king  and the melius to seek after also the king thereby be bind from have another  melius to seek after for the same matter for the comparative degree be above  the positive and the superlative above the comparative and not comparative  upon comparative no more than superlative upon superlative but if upon the  melius to seek after it be find for the king yet the party grieve may traverse  it and it stand with reason that when office be find for the king that  forasmuch as the party grieve be not conclude by it but may traverse it so  when it be find against the king forasmuch as the king can traverse it that he  shall have a writ of melius to seek after and yet the register have not any  writ in such case note reader it appear by the statute of b lev Inst h b stand  praer b Lincoln make e that at the commonlaw the escheator use to seize the  land of the king tenant before office and therefore it be coke a enact by the  statute that when inquisition be find by writ before escheator quod nothing  holding de Self domRege etcetera quod statin without dilation to put in hand  per breve dom ring de cancel procipiend quod Escheatores de terris property  such in manus dom king per Self captain manus urge amovea entirely c salvo  always lord king quod si postea Escheatores urge manus to move away per breve  Self domini king ut prd be to some degree to touch to come upon in cancellar  well ad Scaccarium well alibi in east wind Self dom king per quod custodian  the earth or property earundem de who Escheatores manus urge to move away in  form prd dom king to stretch out quod statin prmuniatur that per breve de  cancellar c and this Act do not make against the say resolution for two reason  it be a rule in law and affirm by this Act that where the king hand be once  remove by matter of record there for any title ancient than the anover the  king shall not reseize upon any new office find without a to know facias and  that appear in c Br to know facias Br Reseiser c h b W d Br to know facias  Stan praer b d Edward b vide h a but in the case at bar there be never any  seizure into the king hand and by consequence there can be no to move away  manus and therefore this case be clear out of that statute at this day the  escheator e Inst Plowd a Br office c e before office find can seize any land  into the king hand but the seizure ought to be after office find and it appear  by the statute of W cap vide Edward Br office and many other book and so be  the common experience at this day and therefore the case at bar be out of the  say statute and true it be that after a they to shut extremum or mandamus c  award and find against the king no new writ of they to shut extremum or  mandamus shall issue as it be hold in a Br office c a Henry b a Edward a  Edward Elizabeth dyer b Inst dyer pl b but in such case a writ of melius to  seek after shall issue as be aforesaid and as the common course in the court  of ware be and always have be and with this difference all the book be well  reconcile and agree such to explain to agree law law be good to explain modus  but in good discretion no melius to seek after shall be award after office  find against the king without coke report b er p sight of some record or other  pregnant matter for the king for avoid of vexation of the subject b in knight  ex part duplessis Ves Lord chancellor Hardwicke observe the rule be that in  sound discretion the court shall not award a melius to seek after unless on  some matter of record or some other pregnant matter to show the former  commission to be mistake and that Stoughters case be determine by great man  and that upon ground of equity as well as law b vide Elizabeth dyer c hob dyer  pl   light b c it be find by office on a they to shut extremum that the land  be hold de owner queen send per queen the condition of a slave a swearer  ignorant whereupon a melius to seek after be award by which the tenure be find  of a subject and all other point certain find by that the first office be void  in all per sensum to cause to stand de Elizabeth d Inst d cap and all these  resolution be affirm for good law mich James coke b by the say chief justice  and chief baron in Stephen lie e garner case in curian Wardorum for land in  Furseby and steep in the county of Lincoln as to the say writ of melius to  seek after where it be find by the first office that the land be hold of  Eustace heart Esq and his wife as in the right of his wife of their manor of  steep and upon the melius it be find that the say land be hold of sir Edward  car knight as of his manor of Monkthorp and notwithstanding this variance of  the office yet it be resolve et above that no new writ of melius shall issue  for the reason and cause before allege