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Of Office.
OFfice is a dutie of attendance vp∣on a charge. And therefore the grant of an office to an ignorant man that hath vtterly no skill at all, is meerely voyd. As if the king by his letters Patents make a Clark of the * 1.1 Crowne in the Kings Bench, which was neuer exercised in the Office, nor in any other Office there, & so vtterly insufficient to serue the King and his people; the grant is voyd, and the Iustices may refuse him. So
is the presentment of an vnlearned man to a Church, meerely void. Likewise the Non feasance and the not attendance vpon an * 1.2 office, hath a Condition in Law annexed to it. As if the Marshall suffer but one vo∣luntarily to escape 〈◊〉〈◊〉 he prisoners, it is a forfeiture. But in negligent escapes what shall make a forfeiture of the office, and what not, both for the number of negligēt escapes, and for the greatnesse and smalnes of them (as if some that escape were com∣mitted vnto him for surety of peace, & were suspitious men) lieth wholly in the discre∣tion of the Court: & the King may himself * 1.3 haue an office: as a forestship grāted to one in taile, the remainder to the King, and his heires is good: for although he cannot in respect of the Maiestie of his person, exer∣cise the office himselfe; yet he may grant it ouer to one that may exercise it.
5. E. 6. cap. 16. The office or deputation of any office, or any part therof which con∣cerneth the administration or execution of Iustice, or the receite, controllment, or pay∣ment of the Kings monie, &c. or suertie of the Kings lands or customes, or any admi∣nistration of necessarie attendance in the Kings Custome-house, or the keeping of the Kings places of strength, or the Clark∣ship of any Court of Record, shall not bee bargained & sould, or any reward or agree∣ment
of reward taken for it, vpon pain, that the seller, &c. shall forfeit all his interest in the office or deputation, &c. And the buyer be a disabled person, to occupie or inioy the same: And all bonds, &c. to bee voide, as against him by whom rhey are made. Pro∣uided, That all Acts executed by any per∣son offending before he be remooued from his office, &c. shall remaine good.
This Statute extendeth not to any office of inheritance, nor to any Parkership, nor to any offices to be giuen by the chiefe Iu∣stices of the Kings bench, or Cōmon place, or by any Iustices of Assise.
5. E. 4 Rot. 66. per Br. office 48.
39: H. 6 31.
•• H. 7. 29.