Page:Prerogatives of the Crown.djvu/104

84 Prerogative as to Offices, &;c, [CIi.VII. Sec. I. V This doctrine holds peculiarly strong in the case of offices of a judicial nature, or other offices in which capacity and skill are requisite ; and the insufficiency of an individual, to whom such an office is granted, incapacitates him, and avoids the grant, though it be to liim " and his assigns," or the office is to be exercised by "a sufficient deputy [a)" The insufficiency may arise either from want of mental capacity, or from the party's not having been brought up to, or exercised in, the office to which he is appointed ; and there are instances in our books, of persons having been refused admittance into offices in the courts of justice, which had been granted them by the King, on both those grounds of incapacity {b). Ministerial offices may be granted to any persons, and even to women, if they are capable of performing them properly (c): but it seems, that even in the case of ministerial offices, an in- capacity to execute them with propriety and effect, would form a legal ground of objection {d). In this case, however, the ob- jection is obviated, if the grant authorize the exercise of the office by deputy; or contain any other provision by which the deficiency of the innnediate grantee is supplied. Therefore, where the office of Registrar to the Bishop of Rochester was granted to J. S., who was an infant of twelve years of age at the time of the grant, to hold after the death of T. D. (who was the Registrar in possession) for liis life, to be exercised by him " or his deputy," and afterwards T. D. died, J. S. being at the age of thirty ; this was held a good grant at the time of making the office, being to be executed by him " or his de- puty (^)." The grant of an office should regularly be under the great seal {/). No investiture, or ceremony, is in general necessary to perfect the grantee's title to the office, which becomes vested in him merely by the grant {g) ; though such grant may be ren_ (a) Hob. 158. Only ministerial of- fices can be exercised by deputj'^. Bac. Ab. Offices, L. {b) See Dyer, 150, b. Bro. Ab. title Office, 48. Cro. Car. 557, 565. 4 Mod. 30. See Bac. Ab. Offices, I. (c) 4 lust. 311. Cro. Jac. 17. See 3 Cruis. Dig. 153. (fZ) See Co. Lit. 3, b. note 4. (f) Cro. Car. 279, 556. 2 Rol. Ab. 153. Other cases cited, Bac. Ab., Of- fices, I. Co. Lit. 3, b. Hargr. note 4. (/) 3 Cruise Dig. 135; see post, cb. 16. s. 2. ig) Mod. 123. 5 Bac Ab. title Offices, E. page 188. It is said, Leon. 248. Mod. 123; but see Rol. Ab. 154 ; that investiture is necessary in order to make a person created an herald at arms, a complete officer. dered