case sander against Owen custos rotulorum may by parole without deed appoint a  clerk of the peace S c Mod S c salk S c salk S c Carth S c comb error of a  judgement in the court of common plea in a assize of novel seize bring against  he by Owen for the office of clerk of the peace of the county of ken in which  assize the plaintiff for title set forth that the office of the clerk of the  peace for the county of ken be a ancient office and that the statute of will  mary c enact that the custos rotulorum or other person to who it belong to  nominate the clerk of the peace shall appoint one able and sufficient person  reside within the county to be clerk of the peace for so long time as the say  clerk of the peace shall well demean himself in the say modern report office  that on the fifteen of July Henry earl of Winchelsea appoint he to be clerk of  the peace whereof he be seize ut de book property pro boundary vit c until the  defendant seize he the defendant plead nul tort nul seize and upon issue join  a special verdict be find that the earl of Winchelsea be custos rotulorum of  the county of ken that the office of clerk of the peace be vacant that the  twelve of July the earl by write under hand and seal appoint the say Philip  Owen to be clerk of the peace durante bene plea of the say earl that after the  fifteen of July at the general quarter session the say write be show to the  justice of peace that a question arise among they of the validity of the grant  and they refuse to admit he afterward at the same session hold by adjournment  at Canterbury by the earl of winchelsea order the say write be read in court  and then at the same session without any relation ad scribe prd condition the  say earl speak hc word following in his England word I do nominate and appoint  the say p Owen to be clerk of the peace accord to the Act of parliament and  afterward Owen be admit then the earl die and the earl of Rumney be make  custos rotulorum who grant the say office to sander Interrog  see bene to bear  about c holt chief justice deliver the opinion of the court and say that in  this special verdict two point be to be consider first whether the custos  rotulorum can by parole without any deed appoint a clerk of the peace modern  report er p second if he can do so whether these word of the custos rotulorum  be a sufficient appointment and nomination we be all agree that he may appoint  a clerk of the peace by parole but second that this be not a good appointment  by the Act as to the first appointment by parole it be good for it be but a  execution of a power and not a derive any interest he have in himself a grant  it can be for a grantor ought to have a interest in himself to grant and the  custos rotulorum have at most but a interest at will and the interest of a  clerk of the peace be a freehold and therefore his estate for life be a great  can be derive out of his interest which be less and that the clerk of the  peace have a freehold and be not removable on the death or removal of the  custos be not now a question be so adjudge here in the case of Hagcourt v fox  a and affirm in the house of lord now if a man be seize in fee of a manor or  of a park and be make a bailiff or a keeper for life this must be by grant and  by deed modern report because it be a interest derive out of his inheritance  but this be rather like tenant for life with a power to make lease for three  life which be in pursuance of a power there be no necessity of livery and  seize because it be only the execution of a authority but where a man make  such lease by virtue of a interest which he have in the land they be not good  without a livery and seize so when a man by virtue of a interest which he have  grant a office for life it must of necessity be by deed but if be do it by  virtue of a authority only there needs no deed at all so if a man devise that  his executor shall sell his land they may sell without livery a because it be  do by virtue of a power and not by way of convey any interest from they it  have be object that the custos rotulorum do not only appoint and nominate the  clerk of the peace but also do give and grant the say office because the word  of the statute of Henry c be give and grant the say office and the statute of  will mary c be make on the foundation of Henry must be construe agreeable  thereunto but suppose a deed be necessary by the statute of Henry yet not so  by will mary c because by Henry the estate of the clerk of the peace determine  with the interest of the custos rotulorum so that the custos grant no more  than he can grant but now by will mary c he grant a interest that shall  continue though he be remove or die but notwithstanding the word give and  grant a deed be not necessary by the Henry because give and grant be general  word and comprehend all manner of disposition they be word of surrender  release and also of limitation and appointment secundum to throw under means  and in the Henry there be the very word limit and appoint which show all their  term to be synonymous and to mean no other than a nomination and appointment  there be not any law require a nomination or appointment to be by deed a  nomination by parole be as much a appointment as by deed a rend assign in lieu  of dower may be by parole without deed though it be a freehold create de to  make new and though a rend lie in grant because this be not proper a grant but  a appointment so in case of partition if rend be assign for owelty of  partition if there be three parceners and rend assign to two if it be a grant  they will be jointtenants and the rend will survive whereas it be but a  appointment if either of they die the rend shall go to the heir of the decease  modern report and not survive where corporation have power by prescription to  nominate a townclerk the constant practice be never to nominate he under the  common seal but only to elect he yet he have a estate for life and may  maintain a assize for his office in London indeed it be customary to grant it  by deed but in other corporation not in hunt case b where a custom be allege  that the Lord admiral shall constitute a registry for and during the term of  his life it be adjudge he may nominate without deed but as to the second point  which be not much insist on in the common plea we be all of opinion that this  be not a good nomination the find the earl of winchelsea come to the session  be a good inchoation of the nomination but the word themselves be not  sufficient first it be not say that he nominate he a ante S c show S c Mod S c  comb S c show p c S c holt S c ld ray a   light b dyer modern report er p to  be clerk of the peace of the county of ken there be not one word mention of  any county whatsoever second the word be I appoint he to be clerk of the peace  accord to the Act of parliament by the Act he be first to nominate the clerk  second to describe the manner of his execution by himself or sufficient deputy  three he be to limit the continuation of his office Interrog  see bene to bear  about all these thing be to be do now when a man be to do three thing together  and he only do part that be void now the nomination of clerk of the peace be  but one part of his power three it be uncertain what Act of parliament be mean  for there be two act relate to the nomination of the clerk of the peace  videlicet Henry and will mary c the one of a nomination at will and the other  to a freehold fourthly though it be find that the word be speak without any  relation to the deed yet as they be find it be impossible but they must refer  to the deed because the word be that he appoint the say Philip Owen and there  be no Philip Owen mention before but in the deed and in relation thereunto and  if the word refer to the deed it must be take to be a declaration of the earl  mind that what he have do by the deed be accord to the Act of parliament but  if it must be take not to relate to the deed as it be find then the verdict be  insensible and repugnant because there be no Philip Owen mention before to  which the say Philip Owen may have relation wherefore we be of opinion that  this nomination be void and that the judgement shall be reverse but this  judgement be reverse in the house of lord