Page:Prerogatives of the Crown.djvu/103

 Ch.VII. Sec.L] Prerogative as io Offices^ §c. 83 viour is presumed by law («), and of such good behaviour, it -^^^^^'^ seems, Parliament only can judge {b). The Judges do not --~ ^■' *^*^ lose their situations even by the demise of the Crown (c). However, the Vice-Chancellor and the Judges may be, re- -^ //^J spectively, removed on the address of both Houses of Pari i a- '^^ ment (r/). By the common law, the demise of the crown de- termined all patents created by royal authority; but by, the statutes 7 and 8 Wm. 3. c. 27., and I Ann, c.^., all patented officers are to continue six months after such demise, unless ^^^^^^'^^ sooner removed by the new King. /^^ ^^ Judicial offices cannot be granted to two or more persons, ^'^^'^f^ unless there be an immemorial custom to sanction such grant, '^'^ ,^^ (for antient offices must be granted as they immemorially ^j2:i^=i— i^^ have been granted;) though a new judicial office may be ^^/^j^ v granted to more than one person, if there be no statute to the ^ aC^ contrary ; and it is clear that ministerial offices may be granted ^ y-^ ^ *• to two or more persons jointly [e], VU^ 4 As public offices are instituted, in legal contemplation, for ^ the benefit of the State, and as it is highly important that the ^ ////,/ various duties attached to them should be properly performed, ^ it has ever been a rule, that such persons only are eligible / whose capacities and habits are adapted to the situation to ' ^'*' which they are nominated. " If," says Lord Coke (jT), " an office, either in the grant of the King or a subject, which con- cerns the administration, proceeding, or execution of justice, or the King's revenue, or the commonwealth, or the interest, benefit, or safety of the subject, or the like ; if they, or any of them, be granted to a man that is unexpert, and hath no skill and science, to exercise or execute the same, the grant is merely void, and the party disabled by law, and incapable to take the same, pro com^nodo Regis et populi ; for only men of skill, knowledge, and ability to exercise the same, are capable of the same, to serve the King and his people.'* (a) 1 Rol. Ab. 844. 1 Inst. 42, a. 289. 2 Salk. 465. 5 Bac. Ah. title 1 Show. 426, 506. Offices, K. See 1 HIa. Com. 40, 41, as (A) I Wooddn. 88, 121. to appomting more than four judges to ^ (c) 1 Geo. 3. c. 23. See Ld. Raym. act in K. B. 747. Com. Journ. 3 March 1761. (/) Co. Lit 3, b. Godb. 391. Hardr. (rf) See 5 Bac. Ab. 201. 130. Dyer, 175. Jenk. 121. 3 Cruise («) See 4 Inst. 146. 11 Rep. 3, b. Dig. 152. 5 Bac. Ab. 203. Carth. 213. 4 Mod. 16. 1 Show. R. G 2 This