case XIV Elizabeth dyer h Keyleway   Bruertons case tenor grand sergeant  office feme grant de office Burgundy Bohun earl of Hereford and Essex be seize  in fee of three manor in the county of Gloucester and hold they by the service  of be constable of England and die have two daughter Margaret marry to Thomas  Plantagenet duke of Gloucester one of the son of e from which Thomas by the  say daughter descend the duke of Buckingham h marry mary the other daughter of  the say Burgundy in this case after partition make of these manor it be  resolve saint that the say tenure be a tenure by grand sergeant dly that the  daughter may exercise the say office by deputy dly after the marriage of the  elder sister her husband alone may exercise it thly the duke alone may  exercise the say office the king can and the duke shall hold his part by the  aforesaid tenure otherwise the duke will hold some of the say manor without do  any service for they thly this office remain in the duke entire for it be pro  public suitably thly the king may refuse this he mean the duke service of  constable see dyer where above homage if he will a common person may refuse  homage if it be not homage ancestral thly the father hold land of the old of  his two daughter by homage and die and partition be make between the daughter  the young shall do homage to the old and shall bold of her by homage by all  the judge of England a grant a annuity to b pro council impendend upon a writ  of annuity against a a may disclaim to have counsel and so extinguish the  annuity but Jenkins er p this otherwise if the annuity be grant pro council  expense impendend all office of inheritance Jenkins to which a judicature be  annex descend to two daughter as in this case of the office of constable after  it have so descend it may be exercise by deputy but such a office can be  original grant to any woman for thigh non are capace de public officer duty  this office may be grant in feetail or for life or year and so may the office  of the Marshalsea notwithstanding the judgement ill sir John lenthall case  James so may a shrievalty at commonlaw as appear by the statute of h h note a  exception to the rule no one to be able to make per other quod per see non to  be able this rule hold in original grant but not in descent