brown case edward machen and another Appellants John STANYON respondent that  December Mews dig xi a appoint b his deputy in the execution of a office and  by article it be agree that b shall account with a for all fee c accord to the  table of fee belong to the office and pay he three four part thereof and  retain the other four part for his trouble certain fee be receive by b which  he insist upon be sole entitle to because not contain in the table but it be  hold that b shall account with a for all fee ascertain by the table accord to  the table and for all fee not mention therein accord to his receipt and pay  over three four of the whole to a the respondent be principal register of the  consistory court of the bishop of Gloucester on the that of July appoint the  appellant fortune his deputy in that office and the other appellant become  security for fortune in a bind of pound penalty for his due performance of  certain article enter into between he and the respondent on that occasion by  these article it be agree that the say John fortune during the time of his  continuance in the office under the say John Stanion shall and may receive and  take to the use of the say John Stanion all and singular the fee benefit  perquisite profit and emolument in any wise appertain to the say office that  the say John Stanion shall allow to the say John fortune one full four part of  the profit of the say office for his pain in execute the same and that brown  er p the say John fortune shall monthly or often if require deliver unto the  say John Stanion a true and just account of all and singular the fee profit  perquisite and emolument incident or just belong to the say office accord to  the table of fee belong to the say office which he shall may or ought during  the say deputation to have take and receive for and in respect of though  execution of the say office and that after such account accept by the say John  Stanion the say John fortune shall pay to the say John Stanion three full four  part of all and singular the fee perquisite and profit of the say office  detain the other four part for himself pursuant to these article the appellant  fortune enter upon the office and continue therein till the that of August  when a dispute arise between he and Mr Stanion about the money receive for the  copy and engrossment of will and inventory Stanion insist upon his account for  the same and the other refuse so to do and claim they to his own use because  they be not contain in the table of fee in consequence of this dispute the  respondent bring a action against the appellant machen upon his bind and  obtain a verdict and upon a now trial be grant and have he obtain another  verdict hereupon machen bring his bill in chancery against both brown Stanion  and fortune to be relieve against the bind and that upon fortune account with  and pay Stanion what be due to he the bind may be deliver up and satisfaction  acknowledge upon the judgement Stanion also file a bill against fortune for a  general account of all the profit of the office during the time of his have  act as deputy therein both these cause be hear before the master of the roll  on the that of February when his honour decree that the defendant fortune  shall come to a particular account before the master for what he have receive  accord to the say table of fee and also for what he have receive for the copy  of will and inventory but reserve the consideration whether he shall pay for  such copy and also the consideration of cost until after the master shall have  make his report Mr Stanion be dissatisfy with this decree appeal to the Lord  keeper and the cause be hear on the d of November his lordship decree that the  defendant fortune shall account for all the fee perquisite and profit of the  say office accord to the table of fee for all matter include therein and  ascertain thereby but for all such fee perquisite and profit of the say office  as be not mention in and ascertain by the say table the say defendant be to  account for the same accord to his receipt and what upon the say account shall  appear to have be or may have be receive by the say defendant fortune as  aforesaid he be to retain one four part thereof to his own use and to pay over  the other three four to the say Stanion at such time and place as the master  shall appoint together with his cost at law and of both the say cause to be  tax by the say master from this decree both the defendant appeal insist m  Davies that it be contrary to the article by oblige the appellant fortune to  account for fee and profit of the office which be neither just belong or  incident to the office nor mention in the table of fee and which his  predecessor constant receive to their own use and that the cost ought to have  be reserve until after the account be take when it will appear which of the  party be in the wrong and ought to pay cost on the other side the respondent  contend t Parker that it be plain from the whole tenor as well as the express  word of the article that the appellant fortune be to receive to the use of the  respondent and account to he general for all and singular the lawful fee  profit and perquisite in any wise incident or belong to the office and not for  the fee only which be mention in the table and that after such account be take  and accept by the respondent the say appellant be to pay three four part of  all such fee perquisite and profit to he and retain the other four part  thereof for his pain in the execution of the office and as to cost the  respondent have obtain two verdict on the bind for performance of covenant and  the appellant machen be relieve brown er p against the penalty of that bind it  brown be apprehend that in all case of relief against penalty cost follow of  course accord after hear counsel on this appeal it be order and adjudge that  the same shall be dismiss and the decree therein complain of affirm and that  the appellant shall pay to the respondent the sum of for his cost in defend  the say appeal jour vol p