CUNNINGHAM v. BROWNING.—1 BLAND. 283

pleasure. Anciently, a large proportion of the king's revenue
arose from lands granted by him; as to which the Chancellor and
treasurer had checks upon one another. The Chancellor made out
all patents for lands; for, no real estate was to be parted with by
the crown without the great seal; but then the rents of such
tenures were to be accounted for before the treasurer. Gilb. Exch.
9, 10. The granting of a franchise, or of any estate of inheritance
in lands, could only be done by a regular patent under the great
seal, specifying particularly the franchise, or estate granted. But
the same degree of * solemnity and caution was not required
in disposing of all other things; for, the king might dispose 302
of a chattel under his privy seal; or he might make a lease for
years of any crown lands without a patent under the great seal.
Gilb. For. Rom. 12.

But, after airy land had been once legally granted by the king,
it could, in no case, be fully and particularly revested in him, so
as again to become the subject of a new patent to an individual,
without office found, or something equivalent to an inquest of
office; for it is said to be a part of the liberty of England, that
the king's officers should not enter upon other men's possessions,
till a jury had found the king's title. Therefore, where the king's
title appeared on record, his officers might enter without any office
found; as where the lands were held of the crown and the tenant
died without heirs, the officers of the king might enter; because
the tenure whereby the king's title appeared was upon record. So
by the common law, where lands belong to nobody, the king's
officers may enter; because by the law, the land is in the crown;
for the law entitles him where the property is in no man; but if
anybody else were in possession, the lands could not be divested
without matter of record. There are two kinds of offices, one an
office entitling, that vests the estate and possession of the land in
the king where he had but a right or title before; and another
called an office of instruction, and that is when the estate of the
land is lawfully in the king before, but the particularity of the
land does not appear of record. And therefore, although, where
the king is entitled by matter of record, there is no need of an
office to entitle him; yet there was always an office of instruction
found, in order that the land might be distinctly ascertained and
specified; for until that was done, although the title was in him,
he was prohibited by statute, 8 H. 6, c. 10, and 18 H. 6, c. 6, from
making any grant of them to an individual. And therefore, in all
cases, where it is proposed to place any lands, which had been
held by an individual whose right had been confiscated or forfeited;
or whose estate was escheatable, because of its being such as he
was incompetent to hold; or whose title had escheated, because of
his death intestate without heirs, it was deemed necessary to have
the facts found by an inquest of office taken under a commission,