coke b auditor curl case hill James the grant of the office of one of the  auditor of the court of ware to two and the survivor of they be good the stat  h c make the auditor one officer the word et of one another the dawn still  further to live in the grant be material for if a office be grant to two for  their life without more by the death of one of they the grant will be void but  by these word the survivor remain one of the person to who another shall be  add and till another be add the judicial voice of the survivor be suspend the  nomination of auditor of the court of ware must be under the great seal this  office be partly ministerial and partly judicial and can be grant in reversion  for it be by Act of parliament so entire that the ministerial part can be  divide from the judicial a grant of the king of this office in reversion to  begin after a former grant of the same office in reversion and which grant be  recite in the last make grant be not good first as be a grant in reversion and  second because it recite a void grant as one that be good Cit send for price  Inst   light a b it be enact by the statute of h cap that there shall be two  person to be name by the king highness which shall be call the auditor of the  land of his grace ware and shall be call the four officer of the same court a  which office be in part ministerial as to the audit of account and in part  judicial for he be swear by force of the say Act that you shall not take nor  receive of poor nor rich any gift or reward in any matter or cause depend or  to be discuss in the same court c ever since which statute the auditor of the  say court have a office judicial know a voice in every cause depend in the  same court and in the same statute there be a proviso that John Peryn which by  the king letter patent have be heretofore and now be auditor of his grace ward  land shall continue and be one of the two auditor mention in this Act during  the term of his natural life king h a of his reign by his letter to hand over  under the great seal nominate and constitute John Peryent One listener curim  sum Wardorum liberation free habendum to he for the term of his life with a  fee of forty mark per and John Peryent a h surrender his estate and patent to  the king and h by his letter patent under the great seal in come plementum tam  priori how posterioris right of way for cattle videlicet of Henry grant to I  Peryent and W take duty One listener Curice sure ward habe@dum speech I  Peryent et W take jointly et separately pro boundary vitar a people of India  et eastern of one another still further live cum Jeodo coke a marearum Peryent  die a e and W take exercise and enjoy the office alone until Elizabeth and  then die queen Elizabeth a of her reign by her letter patent in come plementum  c ut above grant to Walter take and William curl duty One listener Curice sum  Wardorum c habend dict Walter oet William one the dawn jointly et separately  pro boundary life a people of India eteorum of one another still further to  live our lord the king that now be year during the life of Walter take and  William curl by his letter patent in which be a court of ware knight service c  abolish car c coke report b er p recite the grant make of the say office by  queen Elizabeth to Walter take and William CuAle et in complement c ut above  grant to I churchil and I take duty One listener Curicr sum pr6edictce habend  the same I churchil et I take immediate post death pr6edict walteri take et  will curl well the dawn of one another still further to live well a tempore  quo duty mock per forisfacturam up redditionem sive quemcunque other manner  primo et proxime to be empty or ad manus our men to come to touch and  afterward John churchil die and the king recitin both the letter patent the  one make to Walter take and William curl and the other to John churchil and  John take in complement c ut above et she intention ut to be duce Personce  post death some pr6edict Xalleri William et John who to be peremptory or  urgent call auditor the earth wardorum of oneself secundum v imetintentionem  right of way for cattle predict grant to Richard Percival ogicium One listener  Curi6e sum pr6edid c habendumpost death predict Wallert take Williel curl et  John take well some two the dawn who quickly become void conligerint well a  tempore quo c ut above and afterward Walter take die and William curl and John  take and Richard Percival be alive in this case diverse question be make and  argue by leard counsel on both part at diverse day as well in Michaelmas term  now last pass as this term and upon good consideration and conference between  the two chief justice and the chief baron these point be unanimous resolve  that the letter patent make to John Peryent and will take de duty One listener  Curice sum Wardorum fuer bonte for although the statute enact that there shall  be two person which shall be call the auditor of the land c so that there  shall be two person and call two auditor yet be but One office and they both  be but One officiarius and so the statute itself speak these two person call  auditor shall be call the four officer of the same court so that the grant de  coke b duty One listener or One auditorun be good enough for a mala grammarian  non make faulty permission and if the grant have be in English videlicet the  office of one auditor or one of the auditor of the land c it have be good and  so be the book adjudge by the advice of all the justice in the like case in b  Edward fol a b where king e by his letter patent year of his reign grant to  William Swyrenden and John Bagot duty One a clergyman de Corona in cancellar  speech domini king for term of their life c and in assize bring in the king  bench Cateshy take exception to that grant because it appear that duty One a  clergyman be grant to two and it be impossible that two can have the office of  one no more than if the c chief justice of this place be grant to two it be  void for the matter itself prove that two can have it in common for none can  be chief justice but one but si duty Clericide Corond he grant to two it be  good enough and many other exception be take by he and the book say that the  justice say that they have talk of all these point with the justice of the  common plea and it seem to they that these matter be to no purpose to arrest  the judgement and we be of the same opinion wherefore it be award that the say  Swyrenden and Bagot shall recover the office and their damage tax by the  assize c by which resolution of all the justice it appear that when there be a  office of clerk of the crown in chancery that it be all one to grant duty One  a clergyman de Corond c and to grant duty clergyman de Corond c to two because  there be but one office so in this case at the bar there be but one office and  two person to supply it and therefore the grant be good and in this case this  word One be not numerative but to note the unity particularity and identity of  the office b it be resolve that afthough these two person call auditor be but  one a   a   light b   b   a b e b e a e b dyer pl Jones c roll e b Br grant Br  patent e a b office ministerial may be grant to two and so also may some  judicial office establish by Act of parliament but a ancient judicial office  can be grant to two person Inst for such ancient office must be grant as they  former have be where there be a usage to grant the office of chancellor of a  diocese to two a grant to two be hold good Jones v bean Mod Carth show coke  report a er p officer yet the word in the grant videlicet conjunctimet  separately etalterius the dawn still further viqtentis be material for if a  office be grant to two pro lermino vilarum a people of India without more by  the death of the one of they the grant will be void for be a office of trust  there shall be no survivor of it c and in this case no survivor can be for  inasmuch as it be enact by the Act of parliament by which this new court be  erect that there shall be two person c who have as be aforesaid a judicial  voice the king can constitute one only for the subject by the Act have  interest in it et securius coke a exlgediuntur to carry on business  commissapluribus but the king may constitute one at one time by one patent and  another at another time by another patent and although he may so do yet he who  be first constitute have not any judicial voice till the other be constitute  for it be enact by the statute that two person c shall be one officer and  therefore it be resolve that these word jointly et division et of one another  the dawn diulius to live shall serve to this purpose that the survivor shall  be one of the person to who another shall be add it be resolve that this  nomination by the king ought to be under the great seal of England and not by  word nor by the privy seal nor signet c d I it be resolve that the grant make  by the king to John churchil and John take in reversion after the death of  Walter take and William curl be void for three reason e because he be as it  have be say a judicial officer for these auditor be one of the judge of the  court and as none can give any judgement of thing which will happen in juturo  so none can be a judge in going to be and the rule be that offician judicial  non to go away before to be empty and great inconvenience will thence ensue  for he who at the time of the grant in reversion may be able and sufficient to  supply the office of judicature and to administer justice to the king people  before that the office fall may become unable and insufficient to perform it  and it be resolve that neither the office of master of the ware nor of the  surveyor nor of the attorney of the same court can be grant in reversion  because they be judicial office although the office be in part judicial and in  part c the true reason seem to be because they make but one officer Eyre v  countess of Shaftesbury p wms d Vid the observation on this resolution Owen v  sander I l raym e grant in reversion of the office of official of a  archdeaconry of commissary to a bishop and of the office of register in a  diocese be good where there be a custom and usage to support such grant walker  v lamb cro car young v Stoell cro car roll ab the grant of the office of  steward to a honour and of keep the court leet and court baron within the  honour may be grant in reversion and the reason assign be that the steward may  appoint a deputy and per Scroggs CJ deliver the opinion of the court we make a  great difference between the place of judge here in a court of record and  steward who inter alian have the keep of a court of record the former must be  personal attendant the latter may exercise the office by deputy so auditor  curl case must be understand secundum to throw under means a auditor place be  a office very great and can be exercise b deputy and so it be of any office  partly judicial and partly ministerial if personal attendance be requisite and  when a deputy can be make then the reversion can be grant Howard v wood show  it be to be observe that accord to the report of the same case lev the court  be of opinion that the grant in reversion for year be void as to the  courtsleet the office be judicial but it do not appear whether the objection  be that the office be grant in reversion or for a absolute term of year in the  report of this case Jones as well as in shower the grant be state to have be  not for year absolute but for year determinable with the life of the grantee  in Jones the court be say to have determine that at all event the grant be  good as to all but the court leet if not good for that but Jones also state  that it be say by some of the justice and deny by none that there be a wide  difference between a judicial office exerciseable by deputy and another judge  of a court of record the one grantable in reversion the other not freeman  report of this case I Freem contain only the argument of counsel march Rep  coke report b er p ministerial and office ministerial may be grant in  reversion yet forasmuch as two person shall have both these as one office and  one officer it be by the Act of parliament so entire that it can be divide for  the king can make two auditor of the ministerial office and two as to the  judicial for then there will be four person and the Act restrain it to two  neither can the king make one person to have the judicial voice and the other  the ministerial office for then there will be two officer and two office and  the Act make but one office and then the one will have a distinct office and  voice whereas the Act conjoin they in two person these word in the say grant  in reversion Vel a tempore quo c duty mock per forisfactur up redditionem seu  quemcunque other manner c to be empty to touch can if the ministerial office  may be only grant in reversion take effect by the death of coke b Walter take  to make another to exercise the office with the survivor because grant to two  and then if Walter take have die during their two life there will be three  officer where the Act restrain it to two only and although one die that do not  make the grin a which be void at the time of the make of it good also the word  be when duty mock c vacate conligerit and that in this case shall be intend  the whole office and that be not void till after the death of both the  patentee in possession when Walter take die then William carl remain one of  the person c and the king may add another to he and until another be add his  voice be suspend as in the case of b h a if a writ issue to the sheriff of  London and one of they die the other can execute the writ because his power be  suspend until he have a companion choose to he f it be resolve that the grant  make to Richard Percival be void first because it be a judicial office and as  be aforesaid can be grant in reversion second admit it may be grant in  reversion it recite the grant make to John take and John churchil as a good  grant whereas it be void and the grant of Percival be to begin after that and  so the king be deceive in his grant g