Page:Prerogatives of the Crown.djvu/100

 do Fountain of Justice and Office. [Ch. VI L Sec. L ascertain whether they are sufficiently qualified according to the several statutes (a) on the subject. These magistrates being appointed by the King, his Majesty may determine their commission at his pleasure, either expressly as by writ of discharge under the great seal, or by writ of supersedeas; or impliedly, as by making a new commission, and leaving out the former Justices* names (Z>). But where the King constitutes a Mayor, &c. by charter, and by express words (c) in the char- ter enables him to act within certain limits as Justice of the Peace, such Justice is not removeable merely at the pleasure of the Crown {d). With respect to public offices merely of a ministerial nature, we may observe that though his Majesty cannot execute them himself [e he has an undoubted prerogative right to appoint officers to fill them, who are removeable at pleasure; as for instance commissioners of the customs, excise, stamps, &c. postmasters, and other persons of that description, whether of a higher or lower degree {/). And his Majesty seems to possess a right to constitute even new ministerial offices, and appoint officers to fill them {g), subject, however, to various important restrictions, introduced by the laudable jealousy of common law principles. Thus, it is not in the power of the Crown to create any new office inconsistent with the constitution or prejudicial to the subject (A). Therefore an office granted by letters patent, for the sole making of all bills, informations, and letters missive in the county of York (?), or for registering all strangers within the realm, except merchant strangers, though no fees be attached to it {k% is void. So all new offices in which the jurisdiction or authority of the officer is not ascertained and specified in the grant, are on that account merely invalid (/). (fl) Cited 1 Bla. Com. 352, &c. Overseers of the Poor, Ibid. 360. Va- (i) Dalt. c. 3. Lamb, 67. Moor, rious offices immediately under tke 187. 4 Inst. 165. 1 Bla. Com. 353. Crown were abolished, by 22 Geo. 3. (c) See 2 Lord Raym. 1030. c. 82. (rf) Dalt, c. 3. See 1 Ld. Raym. 32. (g) l Bla. Com. 272. Bum's Just. tit. Justice of Peace, 2. . {h) 2 Inst. 540. 2 Sid. 141. Moor. (<r) Co. Lit. 3. b. ante. 70, note a. 808. Rol. Rep. 206. 4 Inst. 200. (/) 1 Bla. Com. 335, 6. We before Jones' Rep. 231. considered the King's power to ap- (it) 12Co. R. 116. point military and maritime officers. (/) 4 Inst. 200. And see Year Book, As to the appointment of constables, 9 Ed. 4, lOt 2 Sid. 141. Bac, Ab. Salk. 150. 1 Bla. Com. 335, 6. Sur- Offices, B. veyors of the highways, Ibid . 358. And Nor