Page:Prerogatives of the Crown.djvu/101

Ch, VII. Sec. I.] Prerogative as to Offices^ &;c. 81 Nor can the King create any new offices with new fees annexed to them, or annex new fees to old offices, for this would be a tax upon the subject, which can only be imposed by Act of Parliament (a). UDon the establishment of the feudal law our Kin^s fre- X O quently granted lands to their subjects, reserving some hono- rary 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, or butler at his coronation. This was called tenure by grand serjeanty, and the right of performing ' these services was considered an office of great honour, many of which still exist and are claimed to be exercised at every coronation {b). There are various inferior offices inseparably annexed to others of a superior nature (c), and in this case it is an established rule that the superior office must be granted with all its antient rights, privileges, and appurtenances. The King cannot reserve them to himself, or grant them to another, even though the superior office was vacant at the time {d y[ An office cannot be granted for any other term than that for which it had immemorially been granted {e). There are many offices which may be, and are, inheritable by the lineal des- cendants of the first grantee of the office {/), Various great offices of state have been holden in this manner : as the offices of Steward, Constable, Marshal, great Chamberlain, and (a) 2 Iflst. 553. 34 Ed. 1. st. 4. c. 1. are named by the chief justice of the 1 Bla. Com. 272. See the statute 22 Common Pleas, Ibid. The justices of Geo. 3. c. 82. s. 2. assize appoint the clerks of assize, Ibid. {b) Lit. s. 153. 1 Inst. 105, b. 107, (rf) Mitton's Case, 4 Co. 32. Dyer, b, 3 Cruise Dig. 133. 175, a. pi. 25. '2 Ld. Raym. 1038. Bac. (c) The county clerk is appointed by Ab. Offices, C. By the grant of an the sheriff, and his situation is incident "office" a house or land belonging thereto, 4 Co. 32, 4, a. Jenk. 216. thereto impliedly pass. Vaugh. 178. 4 Mod. 167. The chamberlain of the Co. Lit. 49, a. King's Bench office is named by the (e) Bac. Ab. Offices, H. What marshal, 2 Ld. Raym. 1038. 2 Salk. offices may be intailed, 3 Cruise, 439. The Lord Chancellor and chief 147. 1 Inst. 20. a. Collins, 181. 7 justices of the King's courts at West- Rep. 33, b. 1 Rol. Ab. 838, and are minster, appoint several officers in their subject to dower and curtesy. 1 Inst. 32, respective courts, 3 Cruise Dig. 134. a. 29, a. Plowd. 379. Collins, 5. Bac. Ab. Offices, C. They appoint their (/) See 3 Cruise Dig. 141, 2. 2 Bro. <Jerks ; the Lord Chancellor appoints Pari. C.is. 1 67. cursi tors and exigenters: and phitazejs, Seneschal