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. Upon the establishment of the feudal law in England, our Kings frequently granted lands, reserving some honorary services, to be done by the grantees and their heirs, to the King himself; such as to carry his banner or his sword, or to be his sewer, carver, Dissert. c. 2. or butler, at his coronation. This was called a tenure § 41-2. by grand serjeanty, and the right of performing these services was considered as an office of great honour; of which many still exist, and are claimed to be exercised at every coronation. Collin's Claims, 185. 190. How created. 4 Inst. 75. 5. 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 Marshal, and Lord High Admiral. The office of High Steward was originally annexed to the manor of Hinckley in Leicestershire, and held in grand serjeanty. The office of High Constable was annexed to certain manors in Gloucestershire. The office of Great Chamberlain was held of the King by grand serjeanty in gross. 6. All public offices must originally have been created by the sovereign, as the fountain of govern ment. There are however a great number of offices which, having existed for time out of mind, are therefore said to be derived from immemorial usage. 7. Lord Coke says-That in consequence of the 2 Inst. 523. statute 34 Edw. I. 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. IV. in which the Commons complained that an office was erected for measuring of clothes and canvass, with a fee for the same, by colour 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 peo-. ple; who may not be so charged but by Parliament. And that these letters patent were declared void in the Court of K. B., and in Parliament. 8. There are several offices incident to other offices respec Offices incident to. others. of a superior kind, and grantable by those who hold the superior offices. Thus the Lord Chancellor or Keeper of the Great Seal, and the Chief Justices, have a right of granting several offices in their tive courts. Lord Coke says-The justices of the 2 Inst. 425. King's courts did ever appoint their clerks to enrol all pleas pleaded before them; some of whom by prescription grew to be officers in their courts. By the stat. of Westminser 2. c. 30. it was declared, that all justices of the benches should have in their circuits, clerks to enrol all pleas, by which this right was confirmed. And the justices of assize have ever since appointed the clerks of assize. 9. It has also been an ancient practice for the sheriffs of counties to appoint the county clerk and gaoler. The custos rotulorum appoints the clerk of the peace, cursitors are appointed by the Lord Chancellor, six clerks by the Master of the Rolls, and exigenters and philazers by the Chief Justice of the. Common Pleas. 4 Rep. 34 a. Jenk. 216. 4 Mod. 167. How Offices may be granted. 4 Inst. 75. 10. There are several ancient offices incident to bishopricks; 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 bishoprick has been created, the bishop has appointed officers of a similar nature. 11. 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: and it is said by Lord Holt, that a grant of the office of marshal of the 2 Ld. Raym. King's Bench Prison, to which the office of chamberlain is inseparably incident, with a reservation of the office of chamberlain, was void. 1 Salk. 439. 1038. Mitton's 4 Rep. 32 b. 12. Where an office is incident to another office, such incidental office cannot be granted by theCrown, even though the principal office is vacant at the time. 13. 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 14. 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 1 Inst. 61 b. man be retained as a steward to keep a court baron or a court leet, without deed. And it was held by the Court of K. B. in 10 Will. III. that an appointment of a clerk of the peace of a county, by the custos rotulorum, by parol, was good; because it enured as an execution of a power: for whatever is to take effect out of a power or authority, or by way of appointment, is good without deed: otherwise where it takes effect out of an interest. Saunders 1 Ld. Raym. 12 Mod. 199. Colles Parl. Ca. 70. 15. If a house or land belong to an office, by the I Inst. 49 a. grant of the office by deed, the house or land will pass as belonging to it. Offices. 16. The restraints imposed upon bishops and other Bishops, &c. ecclesiastical persons respecting alienation, do not may grant extend to grants of offices; so that their rights in this respect remain as they were at common law. From which it follows that bishops, &c. may grant judicial offices for the lives of the grantees, which will bind their successors; provided such grants are made and confirmed in the manner required before the disabling statute, 1 Eliz. c. 19. § 5. was passed. 8 10 Rep. 61 a. Ridley v. Pownell, 2 Lev. 136. Trelawney v. Ep. Winton, 1 Burr. 219. 17. It was resolved in the Bishop of Salisbury's case, 11 Ja. I., 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 1Eliz. And if bishops should not have power to grant offices of service or 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 office with any alacrity. 18. 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. 19. 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. 20. 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 ór 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 |