The Court said, 1. That an estate at will in lands could not be surrendered, because it was determinable at the will of either party: but an office was not properly at the will of both parties, but at the will of the King only; for the grantee could not determine his will but by surrender. 2. It might be said to be forfeitable in some measure, and the King's tenants at will may be said to forfeit; for, in the case of forfeiture, the King would be informed by inquisition, before he determined his will; then upon the return of the inquisition, the office would be forfeited. 3. A freehold estate in lands could not be granted to commence in futuro, or depend on an estate at will: but a new office might be created, to commence in futuro; for it was the creature of him who made it, and was no otherwise in being than it was in grant. The King did not grant a reversion but in reversion; and that not in respect of a particular estate, but because he was pleased to grant in futuro.

40. An ecclesiastical office of the judicial kind may be granted in reversion, where there is a custom and usage to support such a grant.

Cro. Car. 279.

2 Roll. Ab. 153.

41. The office of Register of the B ishoof Roches- Young v. Stoel, ter was granted to a person, to hold from the death or surrender of him who then held it for life, to be exercised by the grantee or his sufficient deputy. Resolved, that the grant was good; for although there was no reversion of an office, unless it was an office of inheritance, yet it might well be granted in reversion, habendum after the death of the then present officer; it being no more than a provision of a person to supply it, when it became void: and where such provision had been usually made, the custom and usage car. 258. gave it a sanction.

42. But where there is no custom or usage to warrant it, a judicial office cannot be granted in re

version.

Walker v.

Lamb, Cro.

1 Inst. 3 b.

43. King James I. granted the office of Auditor of Curle's case,

11 Rep. 2.

Savage's case,
Dyer 259.

What offices
may be en-
tailed.

Tit. 2. c. 1.

7 Rep. 33 b.

1 Roll. Ab. 838.

Collins's
Claims, 181.
Anno 1626.

:

the Court of Wards to two persons, to hold immediately from the death of the two persons who then held the office. Resolved, that this grant was void, because it was of a judicial office and as none can give any judgment of things which may happen in futuro, so none can be a judge in futuro; and the rule was, that officia judicialia non concedantur antequam vacent. For he, who at the time of the grant in reversion may be able and sufficient to supply the office of judicature, before the office falls, may become unable and insufficient to perform it.

44. All those offices which are of a real nature, and grantable in fee simple, may be entailed within the statute De Donis, because they are demandable in a præcipe ut tenementa. And Lord Coke says, the office of earl marshal was entailed, as also the office of one of the chamberlains of the exchequer. So the offices of steward, receiver, or bailiff of a manor, or that of a forester, may be entailed, because they are exercisable within lands.

45. Where an office is unalienable, though it may be granted in tail by the crown, as in the case of the office of earl marshal, yet it cannot be entailed by the person possessed of it. This point was fully discussed in the following case.

46. John De Vere, Earl of Oxford, being seised in fee simple of the office of great chamberlain of England, in 4 Eliz., by deed, covenanted with the Duke of Norfolk and others, that he, his heirs and assigns, would from thenceforth stand seised thereof, to the use of himself for life, remainder to Lord Bulbeck, his son, and the heirs male of his body. Robert Earl of Oxford claimed the office under this entail, as heir male of the body of Lord Bulbeck, and Lord Willoughby claimed the same as heir general.

Lord Chief Justice Crew delivered his opinion that the office was entailable within the statute De Donis; but a majority of the other judges, amongst whom was

Mr. Justice Dodridge, (a part of whose argument may be seen in Collins,) gave their opinion, that this high office was inherent in the blood of the first grantee, incapable of alienation, and therefore could not be entailed by any person seised of it.

In consequence of this opinion, the Lords certified in favour of Lord Willoughby as heir general, and he was allowed to exercise the office.

47. Curtesy is incident to offices of inheritance. Thus Lord Coke has cited a record, from which it appears that John Duke of Lancaster was allowed to exercise the office of seneschal of England, at the coronation of King Richard II., as tenant by the curtesy.

Claims, 5.

48. At the same coronation, John Dymock claimed Collins's the office of king's champion, as tenant by the curtesy, and was admitted to exercise it accordingly.

49. A woman may be endowed of an office of inhe- 1 Inst. 32 a. ritance, as of the office of marshal of the Marshalsea, to have the third part of the profits. But in such a case, she must contribute a third part of the charges; as also of the third part of the profits of the office of keeping the gaol of the abbey of Westminster.

may be assign

Plowd. 378.

50. Where an office is granted to a person and his Some offices heirs, or to a person and his assigns, for his life, it may ed. in some cases be assigned. Thus Jenkins states it to Cent. 3. ca. 89. have been held by all the judges in the Exchequer 9 Rep. 48 b. Chamber, that when the office of chamberlain of the exchequer was granted to A. and his assigns, A. might assign it, but could not make a deputy, without special words to enable him.

Hob. 170.

Dennis .

424.

51. There is, however, great obscurity in the books respecting the assignment of offices. In a case reported by Hardress, the question was, whether the of- Loving, Hard. fice of teller of the exchequer, which had been granted to a man, habendum to him and his assigns, during his life, could be assigned. Serjeant Glynn contended that the office was assignable, by reason of the word assigns

Drummond v.
St. Albans,
5 Ves. 433.

Who may hold offices.

1 Inst. 3 b. Jenk. 121.

in the patent but else, it would not have been assignable, being an office of trust, which concerned the king in his revenue. That some offices were in their nature assignable, without the word assigns, and some not; as a parkership was an office assignable in its nature, being an office of profit. Others were not, viz. offices of public trust, as the office in question. So offices granted to men and their assigns were assignable; and there was no inconvenience in such a case; for if assigned to an unfit person, the Court would refuse to admit him. Sir Heneage Finch argued on the other side,-1. That the office was not assignable, without the word assigns; because it was an office of great and public trust. 2. That the habendum did not alter the thing, it being in the King's case; for it would be inconvenient that the King should have an officer in such a place put upon him against his will; and habendum to him and his assigns was no other than if it had been to him and his heirs, which would have been void. In Hatton's case, the office of a garbler granted to one with power to make a deputy did not extend to an assignee, because it was an office of trust. There was no precedent of an assignment of such an office.

No judgment was given in this case, the King having stopped the proceedings by a writ De Rege inconsulto.

52. In a modern case it was held, that the office of Register of the Court of Chancery was assign able.

53. It is laid down by Lord Coke, that " if an office, either in the grant of the King or of a subject, which concerns the administration, proceeding, or execution of justice, or the King's revenue, or the commonwealth, or the interest, benefit, or safety of the subject, or the like, be granted to a man that is inexpert, and hath no skill and science to exercise or execute the same, the grant is merely void, and the party disabled by law, and incapable to take the same, pro commodo Regis et

populi; for only men of skill and knowledge, and ability to exercise the same, are capable of them, to serve the King and his people."

54. King Edward IV., by letters patent, appointed Thomas Vintner to be clerk of the Crown. The judges of the Court of King's Bench, with the assent of the judges of the Court of Common Pleas refused him ; because he was not exercised in his office, nor in any other in the Court, as he ought by a long time, and so declared to the King. Upon which the King, by the advice of the justices, appointed one John West clerk there, who was expert, and sent to the said justices his letters under his signet, which, after, were enrolled in the same Court, that they rejected Vintner, and admitted West.

Vintner's case,

Bro. Ab. Tit.
Office, pl. 48.

Dyer 150.

Cro. Car. 65.

55. A clergyman was made chancellor to a bishop, Sutton's case, and confirmed by the dean and chapter: but because he was not learned in the canon and civil law, he was removed by the ecclesiastical commissioners; though it was insisted that he had a freehold, and therefore had prayed a prohibition, yet it was denied.

56. A grant of an office requiring skill, to an infant, to be exercised in præsenti, is void. But if it is to be Jenk. 121. exercised in futuro, and that he is of full age and expert when the office is to be exercised, the grant is good. 57. Where, in the grant of an office, it is expressly Young v. Stoel, said, that it shall be exercisable by deputy, the grantee need not have such skill and knowledge as is necessary to the execution of the office.

ante, § 41.

58. Offices merely ministerial, which do not require particular skill and knowledge, and exercisable by deputy, may be granted to any person, and even to women. Thus, a woman may have the office of Lady Russell's case, Cro. Jac. the custody of a castle. And Lord Coke mentions 17. an instance of a woman's having the office of forester 4 Inst. 311. in fee simple; but he observes, that she could not execute the office herself, but was obliged to appoint a deputy, during the eyre, who should be sworn.