S56 Traverse of OJlce, [Cli.XIII. Sec.IlI. therefore held that the record was well made up and carried down by the prosecutor of the commission." Sect. S. — Of traverse of office, and herein of resisting extents. The traverse of office {a) was at common law a very con- tracted remedy. It only lay in the case of goods and chat- tels (5), or where the office did not give a seisin or possession of land to the King, but merely entitled him to an action (c) for the recovery of land; as for instance, in the case of an office finding that the King's tenant had done waste or collusively conveyed, &c. [d). It was not sustainable at common law, where the King was entitled to lands by office or by other matter of record, judicial or ministerial,, however untrue (e). And it was a still more mischievous hardship on the subject, that at common law, only offices of instruction [f) could be traversed (g). All these mischiefs are now however removed by several statutes (A), which gave a traverse (or monstrans de droit) in lieu of the proceeding by petition (/). So that at the present day, offices {k) may be traversed by any subject (/) claiming property seized by the Crown, whether the object be to recover land or not, and though the office be untrue ; or the traverser have no record shewing his right, or in some cases, though the King be entitled by double matter of record, and the subject be not put out of possession by the escheator (m). Between subject and subject, mere prior possession is in general sufficient against a wrong-doer or person who cannot shew a better title (w). But in the case of a seizure of land by (a) As to offices or inquisitions, ante, common-law hardships it was intended 246. to remedy and redress, in favour of va- (i) Staundf. Prerog. 60, a. 67. a. rious parties. Co. Lit. 77, b. though the King be entitled by double (0 Ante, 340. matter of record. Ibid. (A) Traversable offices. Staundf. Pr. (c) Ante, 250, &c. 67, a. (rf) 4 Co. 36, b. (l) See ante, 340, the statute 2 (e) Ibid. and 3 Ed. 6. c. 8. protecting copyhold (/) Ante, 247. terms, rent, &c. out of premises, (g) Sav. 130. though not mentioned in the office. (A) 34 Ed. 3. c. 14. 36 Ed. 3. c. 13. ' (»0 And see Staundf. Pre. 63, a. et 2 and 3 Ed. 6. c. 8. s. 6. Ld. Coke subseq. Com. Dig. Prerog. D. 83, 84. calls the latter statute a " right pro- («) 1 East, 244. See Mr. Adams's fitable one," and points out the several ^^^^ ^^'ork on Ejectments, Index, Tttle, the
