The question on this special verdict was whether Sır John Trelawney was entitled to hold the two first mentioned offices, and to recover the arrears against the bishop. As to the office of chief parker the facts found by the special verdict made an end of any quef tion concerning it, and the point was given up. Lord Mansfield faid that at common law a bishop, with the confirmation of his dean and chapter, might exercise every act of abfolute ownership over the revenues of his fee; and bind his fucceffors, as much as tenant in fee could bind his heir. Then came the reftraining statute 1 Eliz. But patents or grants of offices with fees, falaries or profits annexed to them, were not mentioned in the act. There were no ge neral words adapted to the case of offices; and yet there was not a fingle bifhopric at that time without fome offices granted. Had the legislature meant to restrain the regranting them, as they should drop in, it must have been done by a special provifion, with an exception of fome, at least of judicial offices. As the general restraint is not extended to the cafe, there was no occafion to make exceptions. Continuing ancient offices, with the ancient fee, in the ufual manner was not a dilapidation of the revenue of the bishopric. Every bishop left this power to be exercised by his fucceffor, as his predeceffor left it to be exercised by him. Such grants being no new charge upon the bishopric, which only remains liable to the fame fees or falaries, to which it was liable before. His lordfhip after stating several cafes concluded in these words" The office in question in this caufe is "found "found never to have been more useful or neceffary "than it is now, and yet all the bishops of Winchester "from the first Elizabeth have thought the grants of "it valid; and every fucceeding bishop has fubmitted "to the grant made by his predeceffor, and the "greatest men of the kingdom, or the nearest rela"tions of the bishop, have fucceffively held the office. "The present bishop thought this grant good for "eleven years, but has conceived a doubt from the "mifapplication and repetition of inconclufive and "contradictory arguments about the office being ne 66 ceffary. Whereas we are all unanimously of opi"nion that an office and fee which existed before the 66 1 Eliz. is not within the statute; but may be granted "fince, precisely in the fame manner in which it was 66 granted before, and that the utility or neceffity of "fuch an office is no more material fince the 1 Eliz. "than it was before: and this opinion we think "agreeable to the words and intent of the act, and "every precedent fince the ftatute. And therefore "there must be judgment for the plaintiff." § 21. With refpect to the estate or interest which may be had in offices, it appears from ancient records that several of the great offices of ftate were, and they still continue to be, hereditary, and may be held in fee fimple. Thus the office of steward of England was the inheritance of Hugh De Grentmefnil, who held the honor of Hinckley by that fervice. The office of conftable of England was held by Milo Fitzwalter in fee fimple; and afterwards by Humphrey De Bohun. The office of marfhal of England was held by What Eftate may be had in Offices. Cafe of the berlain, 2 Bro. Parl. Ca. 146. Dyer 285 b. 2 Bro. Parl. Ca. 167. Tit. 26. 9 Rep. 97 b. 2 Inft. 382. 9 Rep. 48 b. 1 Inf. 42 a. 1 Roll, Ab. 844. by the earl of Pembroke in fee fimple. The office of great chamberlain of England was held by Henry De Vere earl of Oxford in fee from whom it defcended to the dukes of Ancafter; and upon the death of Robert duke of Ancaster in 1779, the office defcended to his two fifters and coheirs lady Willoughby De Erefby and lady Georgina Charlotte Bertie. § 22. Although the offices mentioned in the laft fection are usually called offices in fee, yet they are not intitled to that appellation: for they are only inheritable by the lineal defcendants of the firft grantee of the office, and are exactly fimilar to what is inaccurately called a dignity in fee. § 23. The offices of fheriff, gaoler, park keeper or forefter, fteward or bailiff of a manor have also been granted in fee fimple. And it is held that where an office may be granted in fee, it may be granted for life or years, or to one for life, remainder to another for life. S 24. With respect to judicial offices they cannot in general be granted for a greater estate than for life, because they are only exercifable by perfons of fkill and capacity. $25. If an office be granted to a man quamdiu fe bene gefferit, the grantee has an estate for life. For fince nothing but misconduct can determine his intereft, no one can prefix a fhorter time than his life, fince it must be by his own act, which the law will not prefume, that his eftate can determine. And if the words be quamdiu fe bene gefferit, tantum. tantum. § 26. The judges of the feveral courts at Westminster formerly held their offices, durante bene placito. By the ftat. 13 W. 3. c. 2. it was enacted that their com miffions fhould be quamdiu fe bene gefferint, but that it might be lawful to remove them on an addrefs of both houses of parliament. And now by the ftatute 1 Geo 3. c. 23. the judges are continued in their offices during their good behaviour; notwithstanding any demise of the crown. S 27. Offices which do not concern the adminiftration of justice, and only require common skill and diligence, may be granted for years; because they may be executed by deputy, without any inconvenience to the public. Harcourt v. 1 Show. R. Hard. 351. $ 28. The office of register of policies of infurance Veale v. in London, was granted by the king for years; and Priour, adjudged to be a good grant; because it did not concern the administration of justice, but only required the skill of writing after a copy. $ 29. But no office of truft, requiring fkill and capacity in the execution of it can be granted for years. § 30. King James 1. granted the office of marfhall of the marshalfea for 31 years, and it was held by the chancellor, and four judges that the grant was void, because Jones v.Clerk, Reynell's Cafe, 9 Rep. 95. Sutton's Cafe, 6 Mod. 57. 2 Show. R. 171. • Rep. 97 a. 176 a. because this was an office of great truft annexed to the perfon, and concerned the administration of justice: and this trust was individual and personal, and fhould not be extended to his executors or adminiftrators; for the law will not repofe confidence in matters concerning the administration of justice, in persons unknown. S 31. It was determined in a modern cafe that the office of marshall of the king's bench might be granted to a perfon for years, determinable on the death of fuch perfon. For in that cafe the office could not go to executors or adminiftrators. S 32. Lord Hale is faid to have been of opinion that an office of truft might be granted for years. And that the true reason of the determination in Reynell's cafe was, that the custom had been to grant it in fee. And Lord Chancellor Finch is reported to have said that an office may be granted for years: For the fame inconveniencies attend an office in fee; and a person unknown and unfit, as an infant or feme covert may happen to have the fame under an estate of inheritance. $ 33. Offices may also be granted at will, and in Reynell's cafe the judges faid that the office of marshall of the marshalfea 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 have as long as it should please his majesty. $ 34. If |