Such as tice, or the collection of the public revenue. 3. Offices are also either judicial or ministerial; the first relating to the administration of justice, and which must be exercised by persons of sufficient skill and experience in the duties of such offices. The second are those where little more than attention and fidelity are required, to the due discharge of them. 4. There are nine great offices of the crown, and the persons exercising them, who are called the great officers of state, have the titles of lord high steward, lord chancellor or keeper of the great seal, lord high treasurer, lord president of the council, lord privy seal, lord great chamberlain, lord high constable, earl marshall and lord high admiral. The office of high steward was originally annexed to the manor of Hinckley, in Leicestershire, which was held by grand serjeanty. That of high constable was annexed to certain manors in Gloucestershire, held by the same tenure. That of Claims 185, great chamberlain was held of the king by grand serjeanty in gross. Collins's 190. 4 Inst. 75. 5. All public offices must originally have been created How created. by the Sovereign as the fountain of government. There are however a great number of offices which, having existed time out of mind, are therefore said to be derived from immemorial usage. But Lord Coke says 2 Inst. 523, that in consequence of the statute 34 Ed. 1. De Tallagio non imponendo, the king cannot erect any new office, with new fees; for that would be a talliage put upon the subject, which cannot be done without the assent of parliament. That this appeared by a petition in parliament 13 Hen. 4. in which the commons complained that an office was created for measuring of clothes and canvass, with a fee for the same, by colour 2 of the King's letters patent, and prayed that those letters patent might be revoked: for that the King could erect no offices, with new fees to be taken of the people, who may not be so charged but by parliament, and that these letters patent were declared void in the 2 Comm. 572. Court of King's Bench and in parliament. Nor can the King annex new fees to old offices; for this would also be a tax upon the public. Offices incident to others. 2 Inst. 425. 4 Rep. 34 a. How offices may be granted. 4 Inst. 75. 1 Salk. 439. 2 Ld. Raym. 1038. Mitton's case, 4 Rep. 32 b. 6. There are several offices incident to other offices of a superior kind; and grantable by those who hold such superior offices. Thus the lord chancellor, or keeper of the great seal, and the chief justices of the Courts of King's Bench and Common Pleas, have a right of granting several offices in their respective courts. The sheriffs of counties appoint the county clerk, and the custos rotulorum appoints the clerk of the peace. 7. There are several ancient offices incident to bishoprics; such as chancellor, commissary, register, &c. which are judicial; and other offices, such as steward, surveyor, park-keeper, &c., which are only ministerial. Where a new bishopric has been created, the bishop has appointed offices of a similar nature. 8. Ancient offices must be granted in such form and manner as they have used to be; unless the alteration be by authority of parliament. Offices held immediately from the Crown must be granted by letters patent. Each office must be granted with all its ancient rights and privileges, and every thing incident to it. For if any office incident to that which is granted is reserved, the reservation is void. Thus it is said by Lord Holt, that a grant of the office of marshal of the King's Bench prison, to which the office of chamberlain is inseparably incident, with a reservation of the office of chamberlain, was void. 9. So where an office is incident to another office, such incidental office cannot be granted by the crown, even though the principal office be vacant at the time. 10. Queen Elizabeth, by letters patent, granted the office of clerk of the county court of Somersetshire to one Mitton, with all fees, &c. Afterwards the Queen constituted Arthur Hopton, esq. sheriff of the same county, who interrupted Mitton, claiming that which was mentioned to be granted to Mitton, to be incident to his office of sheriff; and thereupon appointed a clerk himself of the county court. Mitton complained to the lords of the Council, who referred the consideration of the validity of the grant of the said office to the two Chief Justices, Wray and Anderson, who held conferences with the other justices; all of whom held that the said letters patent were void in law, because the office of sheriff was an ancient office of great trust and authority; and the King could not abridge the sheriff of any thing incident or appurtenant to his office, for the office was entire, and so ought to continue. That the county court, and the entering all proceedings in it, were incident to the office of sheriff; therefore could not by letters patent be divided from it. That although the grant was made to Mitton when the office was vacant yet it was void; and when the Queen appointed a sheriff, he should avoid it. 1 Inst. 61 b. 11. As to grants of incidental offices by persons holding the superior offices, they must in general be by deed duly executed; though Lord Coke says a man may be retained as a steward to keep a court baron or a court leet, without deed. And it was held by the Court of King's Bench in 10 Will. III. that an appoint- Saunders v. ment of a clerk of the peace of a county, by the custos 467. 1 Ld. rotulorum, by parol, was good; because it enured as Mod. 199. an execution of a power: for whatever is to take effect Colles Parl, Ca. out of a power or authority, or by way of appointment, is good without deed: otherwise where it takes effect out of an interest. 3 Owen, 1 Salk. Raym. 158. 12 70. 12. If a house or land belong to an office, by the 1 Inst. 49 a. grant of the office by deed, the house or land will as belonging to it. pass 13. The restraints imposed upon bishops, and other Bishops, &c. may grant offices. Trelawney . ecclesiastical persons respecting the alienation of property whereof they are possessed in right of their churches, do not extend to grants of offices; so that their rihgts in this respect remain as they were at common law. From which it follows that bishops and other ecclesiastical persons may grant judicial offices, for the lives of the grantees, which will bind their successors; provided such grants be made and confirmed in the manner required before the disabling statute 1 Eliz. c. 10. s. 5. was passed. 14. Thus it was resolved in the bishop of Salisbury's case, 11 Ja. 1. that where an office was ancient and necessary, the grant thereof with the ancient fee was not any diminution of the revenue, or impoverishing of the successor; therefore, for necessity, such grants were by construction excepted out of the general restraint of the statute 1 Eliz. And if bishops should not have power to grant offices of necessity, for the life of the grantees, but that their estate should depend upon uncertainties, as upon the death, translation, &c. of the bishop; then the most able persons would not serve them in such offices, or at least would not discharge their offices with any alacrity. 15. It was also resolved in the same case, that where a new bishopric was erected, a grant of offices of necessity, with a reasonable fee, the reasonableness of which should be decided by a court of justice, would be good. 16. With respect to grants of honorary or ministerial offices by bishops, it has been resolved in the following case that offices which existed before the stat. 1 Eliz. are not within the restraints of that statute, but that they may be granted as before; and that the utility or necessity of the office is not more material since, than it was before that statute. 17. Sir J. Trelawney brought an action of debt against the bishop of Winchester, for five years' salary of several offices; viz. great and chief steward of the bishopric, and of all its castles, lordships, manors, &c. ; conductor of the men and tenants of the bishop, with a salary of 100l. per annum; master-keeper or preserver of the wild beasts, in all the forests, parks, chases, and warrens, belonging to the bishop; and chief governor of all birds, fish, and beasts of warren, &c. commonly called chief parker, with a salary of 20l. per annum. Which offices and salaries were granted to the plaintiff by the late bishop of Winchester by letters patent, with a clause of distress if unpaid. The bishop pleaded the statute 1 Eliz. c. 19. s. 5., and also that the offices aforesaid were not ancient offices of the bishopric, nor were usually granted for life; that the said fees were not the ancient fees; that the said offices were useless and merely nominal, no duty or service being to be done for or in respect of them. The jury found a special verdict, that the offices of chief steward and conductor of the men, &c. were ancient offices of the bishop, and had been anciently and usually granted for life, with an annuity; that the annuity of 100l. was the ancient fee; that the same were granted to the plaintiff by Jonathan, late bishop of Winchester; which grant was approved by the dean and chapter, and confirmed by them. They then found the statute 1 Eliz., and that these offices, at the time of making that act, and since, were merely nominal; no duty, attendance, or service being to be done for or in respect of them. And as to the office of master-keeper of all beasts in the parks, or chief parker, they found that it was not an ancient office. The question on this special verdict was, whether Sir J. Trelawney was entitled to hold the two first mentioned offices, and to recover the arrears against the bishop. As to the office of chief parker, the facts found by the special verdict made an end of any question concerning it, and the point was given up. Lord Mansfield said,-At common law a bishop, with the confirmation of his dean and chapter, might exercise every act of absolute ownership over the re |