Reynell's Sutton's 6 Mod. 57. 2 Show. R. 171. 35. No office of trust, requiring skill and capacity in the execution of it, can however be granted for years. 36. King James I. granted the office of Marshal of the Marshalsea for 31 years. It was held by the Lord Chancellor and four of the Judges, that the grant was void; because this was an office of great trust, annexed to the person, and concerned the administration of justice: that this trust being individual and personal, should not be extended to executors or administrators; for the law will not repose confidence, in matters concerning the administration of justice, in persons unknown. 37. It was determined in a subsequent case, that the office of Marshal of the King's Bench might be granted to a person for years, determinable on the death of such person; for in that case the office could not go to executors or administrators. 38. Lord Hale is said to have been of opinion that an office of trust might be granted for years; for that the true reason of the determination in Reynell's case was, that the custom had been to grant it in fee. Lord Chancellor Finch is reported to have said that an office may be granted for years: for the same inconveniences attend an office in fee; and a person unknown and unfit, as an infant or feme covert, may happen to have the same, under an estate of inheri tance. 39. Offices may also be granted at will. In Rey9 Rep. 97 a. nell's case, the Judges said that the office of Marshal of the Marshalsea had always been granted for life, or at will. And there is a precedent in Dyer of a grant by the King of the office of Chirographer of the Common Pleas, to hold as long as it should please his Majesty. 176 a. 40. If the King grants an office to hold at will, and 1 Inst. 42 a. grants a rent to the officer for life, for the exercise of the office; this is not an absolute estate for life, because the rent being granted on account of the office, and for discharging the duties of it, whenever the grantee's interest in the office ceases, the rent is determined. Howard v. 21. 41. Ministerial offices, and also offices which are What Offices exercisable by deputy, may be granted in reversion, granted in may be or rather in futuro; to take effect in possession upon Reversion. the death of the person then holding the office. Wood, 42. The King granted an office to a person durante 2 Show. R. bene placito; afterwards granted the same office to Rexv. Kemp, another person for life; to commence from the death, surrender, or forfeiture of the first grantee. It was objected that the second grant was void, for the first estate being at will, could not be surrendered or forfeited; and that an estate of freehold could not depend on an estate at will. The Court said, 1. That an estate at will in lands would 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; VOL III. K 1 Salk. 465. Skin. 446. Young v. 2 Roll. Ab. Walker v. 1 Inst. 3 b. Curle's Case, 11 Rep. 2. Savage's What Offices may be entailed. 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. 43. An ecclesiastical office of the judicial kind may be granted in reversion, where there is a custom and usage to support such a grant. 44. The office of Register of the Bishop of Rochester 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 gave it a sanction. 45. But where there is no custom or usage to warrant it, a judicial office cannot be granted in reversion. 46. King James I. granted the office of Auditor of 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 judgement 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. 47. All those offices which are of a real nature, and grantable in fee simple, may be entailed within 6 Inst. 20 a. 7 Rep. 33 b. 1 Roil. Ab. 838. the statute De Donis, because they are demandable Tit. 2. c. 1. in a præcipe ut tenementa. Lord Coke says, the office of marshal of England, now called 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. 48. 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. Claims, 181, 49. John De Vere Earl of Oxford, being seised Collins's 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 Claims to may be seen in Collins,) gave their opinion, that this Baronies. 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. When sub jeet to Curtesy and Dower. 50. Curtesy is incident to offices of inheritance. And Lord Coke has cited a record, from which it appears that John Duke of Lancaster was allowed to 1 Inst. 29 a. exercise the office of seneschal of England, at the coronation of Richard II., as tenant by the curtesy. Collins's 1'Inst. 32 a. Softe Offices may be assigned. Cent. 3. ca. 89. Plowd. 378. 9 Rep. 48 b. Hob. 170. Dennis v. Loving, Hard. 424. 51. At the same coronation, John Dymock claimed the office of king's champion, as tenant by the curtesy, and was admitted to exercise it accordingly. 52. A woman may be endowed of an office of inheritance, 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. 53. Where an office is granted to a person and his heirs, or to a person and his assigns, for his life, it may in some cases be assigned. For Jenkins states it to have been held by all the Judges in the Exchequer 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. 54. There is, however, great obscurity in the books respecting the assignment of offices. In a case reported by Hardress, the question was, whether the office 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 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 |