case sander against Owen if a custos rotulorum appoint a clerk of the peace by  write under his hand and seal during his pleasure and on the session scruple  to admit he the custos declare in court I appoint a to be clerk of the peace  accord to the Act of parliament this parole declaration be a good appointment  under the will mary c for life although he neither name the county he be  appoint for nor the particular statute he be appoint under and be for life he  can be supersede by the succeed custos S c salk S c salk S c Carth S c comb S  c Mod S c lily Ent Writ of error to reverse a judgement in the common plea in  a assize of novel seize for the office of clerk of the peace of the county of  ken upon non disseizivit plead the recognitors find a special verdict that  Heneage earl of Winchelsea be custos rotulorum of that county to who of right  it belong to constitute the clerk of the peace modern they find the statute  will mary c by which the custos or other person to who of right it belong  shall from time to time nominate the clerk of the peace that this office be  vacant the say earl by write under his hand constitute Philip Owen to be clerk  of the peace to exercise the say office either by himself or deputy which  write they find in haec word that at a adjourn session at Canterbury this  write be read in court and there the say earl without any relation to his  former grant do live voice say I appoint Philip Owen to be clerk of the peace  accord to the Act of parliament that the earl of Winchelsea die and that the  earl of Rumney be make custos who appoint the plaintiff to be clerk of the  peace and that he be a fit person there be a judgement for Owen in the common  plea and a writ of error now bring it be insist for the plaintiff in error  that no title be find for the plaintiff for he bring a assize for a office at  Maidstone and do not say that Maidstone be in ken so it be ill in substance  and no venue and the court can judicial take notice that Maidstone be in ken  then as to his title the pretence be two first by grant second by parole  declaration as to the first he have no title by the grant then as to the  parole appointment there be no such thing find for the word be speak at the  very time the grant be read in court must have reference to that and it be all  but one act it do not mention either what estate the person shall have in the  office or in what county he shall be clerk of the peace or accord to what Act  of parliament for both the statute of Henry c and Edward c and will mary c be  all in be and do all concern this office so that there be a very great  uncertainty in this nomination if I grant land to another without mention what  estate it be a tenancy at will he may nominate a man to be clerk of the peace  accord to a Act of parliament and never intend to give he such a estate as  direct modern er p by the Act modern it be the earl of winchelsea intention  that Philip Owen shall have the place but it do not appear that he intend it  for he during life I do appoint Philip Owen c these word amount to no more  than a evidence of a nomination but it be not a nomination itself like the  case in Noy Noy a where it be hold that a resignation to a proctor do not make  the church void without the acceptance by the bishop and the jury find a  instrument under the seal of the bishop upon which there be a endorsement that  the resignation be accept by he this be hold to be no find of a absolute  resignation in facto so in the case of a nuncupative will it be not sufficient  that the jury find that the testator dixit but they must find that he intend  it to be his will or that he speak the word mind to cause to testify it do not  appear that the earl speak these word mind to put therefore they ought to find  so much as may amount to fulfil his intent No freehold of a office can pass at  commonlaw without a deed or write   light Leon Mod b it may be supply by  livery but that be not find in this case this office can be distinguish from  any other for it be incorporeal and therefore must pass by one of those way  nay a use after it be turn into a estate by the statute of Henry c can not be  grant by parole the statute of I will mary c make no alteration as to the  constitution but as to the qualification of the person and duration of his  estate it direct the custos to give the office to the clerk of the peace  Interrog  see bene to bear about it be to make be independent of the custos  who have a authority to grant he such a estate now when the statute require a  thing to be do and do not direct in what manner it must be accord to the  course of the commonlaw and by that law no freehold can pass by a act execute  in the lifetime of the person without deed in write and this appear by case of  the like nature videlicet all commitment by justice of the peace must be in  write except upon a sudden affray in their view by a court of session a parole  assignment of commissioner of bankrupt be not good modern e contra as to the  first objection Maidstone will refer to ken in the margin the question be  whether this be a bare authority or a interest claim under the custos and it  be insist that it be a bare authority but the nominee have his interest in the  office by Act of parliament and this appear by the nature of the office itself  for the custos have but a interest at will in it and therefore the clerk of  the peace can have a large interest from the custos than he have himself in  the office out of which the clerk place be derive it be like a power give to a  man to make lease as soon as the lease be make the lessee be in by virtue of  the grant and not by the person who make the lease it be true that thing which  lie in grant can pass without deed which be a instrument that the law have  provide instead of livery so where a man claim a right to a office it must be  by deed but this be a authority which may be execute by parole and then it be  otherwise and though it be only a authority yet the custos may lawful give  such a estate as he have do as if a man devise that his executor shall sell l  estate this be a authority and no more and yet when the estate be sell the  vendee be in by the will the office of register of the court of admiralty may  be grant by parole accord to custom the statute of Henry c say give grant  nominate and appoint and do not show in what manner so that in this case the  nomination be the same thing with write for both be only to signify the man  Adjournatur the court of king bench after several argument unanimous agree  that a verbal nomination be sufficient S c Carth for whatever be to take  effect out of a power or authority or by way of appointment be good without  deed S c salk but see the judgement of the court on this point at large Mod  the court of king bench however reverse the judgement of the common plea  because the nomination do not mention the county for which he be to be clerk  of the peace nor distinguish which of the statute he mean S c Carth S c Mod  but afterward the judgement of the king bench be carry to the house of lord  and there reverse S c Mod S c lily entry a modern er p