Ch.XII.] . . Inquests of Office. 259 But, if the melius inquirendum be found against the King, he is thereby precluded from having another melius inquiren^ dum ; for if this were allowed, it would lead to infinity, for by the same reason that he might have a second, he might have them without end. However, if the first writ of melius inqui^ rendum were repugnant in itself, if it did not give authority to find such an office as was found ; as, where the writ was to in- quire, whether at the time of the death of a person who died in the reign of Queen Elizabeth, the manor of O. was holden of the lord the King that now is, another writ of melius inqui- rendum may be awarded («). 26?/y, As to Personalty^ the general rule seems to be, that the King is entitled, without office or other matter of record : as in the case of goods and choses in action of felons, wreck of the sea, treasure trove, or the profits of lands of clerks, &c. con- victed of felony, or of persons outlawed in a personal ac- tion {h). So, in the case of Simony, the King shall present without office, and it is unnecessary, on the nomination of the Crown to an office void by the statute 5 and 6 Edw, 6. c. 16 (c). On this subject Sir Wm. Blackstone remarks [d that " with regard to other matters, the inquests of office still remain in force, and are taken upon proper occasions ; being extended not only to lands, but also to goods and chattels personal, as in the case of wreck, treasure trove, and the like, and especially as to forfeitures for offences. For every jury which tries a man for treason or felony, every coroner's inquest that sits upon Sifelo de se, or one killed by a chance-medley, is not only with regard to chattels, but also as to real interests, in all respects an in- quest of office ; and if they find the treason or felony, or even the flight of the party accused (though innocent), the King is thereupon, by virtue of this office found, entitled to have his forfeitures ; and also in the case of chance-medley, he or his grantee are entitled to such things, by way of deodand, as have moved to the death of a party." By the statute 1 Hen. 8. c. 8. the escheators were to sit in tendum on an insufficient office taken by (b) Staiindf. Praerog. Regis, 56, a. an escheator virtute officii and of his own Sav. 8. 2 Ventr. 270. 2 Barnew and accord, and not by virtue of a writ : but Alder. R. 258. 2 Manning Pr. Exch, such office shall be deemed void. F. 5f 3. N. B. 255. (r) Ibid. Com. Dig. Prerog. D. 70. (a) 8 Co, 168. (rf) 3 Com. 259. s 2 open
