§ 34. If the king grants an office to hold at will, 1 Inft. 42 a. $ and grants a rent to the officer for life, for the exercise

of the office; this is not an abfolute eftate 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.

$ 35. There are feveral offices which may be granted in reversion, where there is an ufage to support fuch a grant, even though they are judicial offices. But without fuch an ufage or custom, no judicial office can be granted in reverfion.

11 Rep. 2.

§ 36. King James 1. granted the office of auditor of Curle's Cafe, the court of wards to two perfons, to hold immediately from the death of the two perfons who then held the office. It was refolved that this grant was void, because it was a judicial office, and as none can give any judgment of things which may happen in futuro, fo none can be a judge in futuro. And the rule was, that officia judiciale non concedantur antequam vacent. For he who at the time of the grant in reversion may be able and fufficient to supply the office of judicature; before the office falls, may become unable and infufficient to perform it.

§ 37. An ecclefiaftical office of the judicial kind may be granted in reverfion, where there is a custom and ufage to support such a grant.

§ 38. The office of regifter of the bishop of Rochefter was granted to a perfon, to hold from the death VOL. III.

L

Young v.

Stoel,

Cro. Car.

of 279.

2 Roll. Ab.

153.

Jones v.
Pugh,
2 Salk. 465.

Rex v. Kemp, 2 Salk. 465. Skin. R. 446.

or furrender of the perfon, who then held it for life, to be exercised by the grantee, or his fufficient deputy. It was refolved that the grant was good, for although there is no reverfion of an office, unless it be an office of inheritance, yet it may well be granted in reversion, habendum after the death of the prefent officer; it being no more than a provision of a person to supply it, when it becomes void. And where fuch provifion has been usually made, the custom and ufage give fanction to it.

$ 39. Where the king granted an office to a perfon durante bene placito, and afterwards granted the fame office to another person for life, to commence after the death, furrender, or forfeiture, of the first grantee; it was objected that the fecond grant was void, for the first estate being at will could not be furrendered or forfeited; and that an eftate of freehold could not depend upon an estate at will.

The court faid, ift, That an eftate 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 furrender. 2d, It might be faid to be forfeitable in fome measure, and the king's tenants at will might be faid to forfeit; for in the cafe of forfeiture the king would be informed by inquifition before he determined his will, and then upon the return of the inquifition the office would be forfeited. 3d, A freehold estate in lands could not be granted to com

mence,

mence, in futuro, or depend on an eftate at will: but a new office might be created to commence in futuro, for it was the creature of him who made it; and it was no otherwise in being than it was in grant; and the king did not grant a reversion, but in reverfion, and that not in refpect of a particular eftate; but because he was pleased to grant in futuro.

$ 40. All thofe offices which are of a real nature and grantable in fee fimple, may be intailed within the ftatute de donis conditionalibus. Decause they are demandable in a præcipe ut tenementa. Thus Lord Coke fays, that the office of the marshal of England was intailed; as alfo the office of one of the chamberlains of the exchequer.

§ 41. The offices of steward, receiver, or bailiff of a manor, or of forefter, may be intailed within the ftatute De Donis; because they are exercisable within lands.

§ 42. But offices merely perfonal are not capable of being intailed. This point was very fully argued in the case respecting the office of Great Chamberlain of England, determined by the Houfe of Lords in 1626.

Claims, 181.

John De Vere, Earl of Oxford, in 4 Eliz., being Collins's feised in fee-fimple of the office of Great Chamberlain of England, by his deed, covenanted with the Duke of Norfolk and others, that he and his heirs and affigns would from thenceforth ftand feifed thereof, to the ufe

What Offices
are fubject to
Dower and
Curtefy,

1 Inft. 32 a.

Plowd. 379.

of himself for life, remainder to the Lord Bulbeck his fon and the heirs males of his body. Robert Earl of Oxford claimed the office under this intail, as heir male of the body of John the fettlor, and Lord Willoughby claimed the fame as heir general.

1

Lord Chief Justice Crew delivered his opinion, that the office was intailable within the ftatute De Donis. But a majority of the other judges, amongst whom was Mr. Juftice Dodridge, (a part of whofe argument may be feen in Collins), gave their opinion, that this high office was inherent in the blood of the first grantee, and incapable of alienation; and, therefore, could not be intailed by any person seised of it. In confequence of this opinion, the House of Lords certified in favour of Lord Willoughby the heir general; and the office was accordingly granted to him by his majesty.

§ 43. A woman may be endowed of an office of inheritance, as of the office of marshall of the marshalfea, to have the third part of the profits; but, in such case, she must contribute a third part of the charges.

So fhe may be endowed of a third part of the profits arifing from the keeping of the gaol of the abbey of Westminster; or of the third part of the profits of courts, fines, heriots, &c.

$ 44. Curtefy is alfo incident to offices of inheInft. 29 a. ritance; and Lord Coke has cited a record, from which it appears that folm Duke of Lancaster was allowed to

exercise

exercise the office of fenefchal of England, at the coronation of Richard 2., as tenant by the curtesy.

§ 45. At the fame coronation, John Dymock claimed Collins, 5. the office of king's champion, as tenant by the curtesy, and was admitted and received accordingly.

fo

§ 46. Ministerial offices requiring only common skill and diligence, may be held by two perfons: and may alfo fome judicial offices established by act of Parliament. But an antient judicial office cannot be granted to two perfons. And Lord Coke fays, that Henry 6. having granted the office of high admiral to the Duke of Exeter and his fon, the judges held it to be void, the charter being of a judicial office; for fuch antient offices must be granted as they formerly have been.

Some Offices may be held by Two Perfons.

4 Inft. 146.

547. A grant to two perfons to be chief juftices of 11 Rep. 36. any of the benches is void. But as to offices incident to the king's courts at Westminster, it seems to be in the discretion of the judges, if they fee that an office in their courts comprehends too much for one man to execute, to join another perfon with him. But, in fuch a cafe, it must still be granted as one office. For if it is divided into two or three different offices, the prescription is interrupted, and it is not a grant of the antient office.

$ 48. Ecclefiaftical offices, though of the judicial kind, may be granted to two perfons, where there has been a ufage of granting them in that manner.

L3

§ 49. The