250 Inquests of Office. [Ch.XIL the King's tenant alien in mortmain, or without licence (a), or his Majesty claim upon a forfeiture (i), or a condition broken (c), an office is necessary. With respect to forfeitures and the right of the Crown, to enter without office under a proviso of re-entry in a Crown lease, on non-payment of rent, &c. the dis- tinction seems to be, whether or not such forfeiture appear of record. If the rent, in such case, be made payable at the Ex- chequer, an office seems necessary ; because, " if the rent had been paid, the payment would have been entered of record, and not being so, the default appears of record (c?);" aliter if the rent be not so payable {e). So, if the King claim the land of an idiot, lunatic, &c. the person ought to be found an idiot, &c. by office {f). So, if he claim the year, day, and waste, of a felon attainted, or the temporalities of a bishop {g or a freehold, or inherit- ance, as forfeited for a contempt (A). So if he claim, as forfeited to the Crown, choses in action, which belonged to an alien enemy ; and in such case, a peace, before the inquisition taken, discharges the forfeiture (/). And an office seems necessary to entitle the King to a bond forfeited by one of two joint obligees conmiitting suicide {k). There are some cases in which the King is not considered as entitled till an actual seizure, or scire facias, even after the office found. As before observed {V), though an office be unnecessary in the case of lands of aliens forfeited, ratione guerre, an actual seizure is requisite. And in the case of an attainder of high treason, Mr. Justice BuUer appears to have considered that an actual seizure is proper ; though, as between the party attainted and a wrong doer, it would not be necessary that the Crown should actually seize the property of the former, in order to di- , vest him ofit(w). (fl) Staundf. Prerog. 55, b. (A) Sav. 8. {b) SembJ. Lev. 1. Cro. Car. 100, (0 Parker, 267. 173. Sir W. Jon. 78, 217. (A) Bro. Ab. Forfeiture, pi. 58. (c) Sav. 70. 2 Rol. 215, 1. 15. (0 Ante, 249. id) 2 Leon. 134, 139. Poph. ^5, (m) 3 Term R. 730, 734. See Dyer, / 28, 53. 12 East, 113. 145, 6. 12 East, 114. And see post, 5 («) Ibid. Cro. Car. 200. 254, and note (rf), whether tlie King ' (/) Staundf. b5. could grant in such case, before office ' (g) Ibid. found, «The
