case BAWDEROK against MACKALLER information who tam for more than the penalty  or after the time limit though bad for the informer be good for the king cro  James and more cro Elizabeth   Mod Bl Rep hawk p c Bl Com a donative be within  the Elizabeth c against simony although in the king gift and be present the  incumbent for simony may be commit without the patron privity Com dig a  corrupt contract for procure a presentation to a benefice although neither  patron nor incumbent be privy to it be simony post information upon the  Elizabeth c of simony for the king and himself suppose the church in the tower  of London to be a benefice with cure of the annual value of l S d grantable  croak car by the king and that one such be parson and resign and that  afterward the defendant agree with I S to give he twenty pound if he may  procure he to be present thereto by the king and admit and induct and allege  in fact that be procure the king to give unto he the say presentation to the  say chapel and that he be admit institute and induct thereto and therefore he  demand S d be the double value secundum form to cause to stand c upon not  guilty plead and find for the plaintiff henden sergeant move in arrest of  judgement first that this information be not good because he show the annual  value to be l S d and the statute be that he shall forfeit a double value and  yet demand l S d as be the double value croak car er p whereas it appear it be  not and therefore it be ill say non allocatur for the truth of the offence be  show and find against he although be demand less than be ought yet the  information be good for the king and it be compare to the case of agard v  candish a which be adjudge in the exchequer where a information be bring for  he and the king upon the statute of livery and it be bring after the year  which be not good for the party by the express word of the statute yet it be  good for the king and judgement enter second it be move that this be a  donative of the king donation be not within the statute of Elizabeth c for  that mention only where one come in by simony by presentation or collation c  say non allocatur because it be within a equal mischief against which the  statute provide and so within the remedy thereof three it be object that this  can not be within the statute because the king be donor it can be intend that  be present for simony and the statute be that the patron shall lose his  presentation for that time and the king be to have it therefore it shall not  extend to any of the king donation say non allocatur for simony may be by  compact betwixt stranger without the privity of the incumbent or patron and  yet within the purview of the statute as it be adjudge in Calvers case in the  exchequer as Jones cite it where the father of the incumbent contract with the  patron wife to give her one hundred pound if the patron will present his son  the patron or incumbent not know of this be contract as it be find by special  verdict yet this be hold to be within the statute so here he give to a  stranger c be within the statute whereupon rule be give that judgement shall  be enter for the plaintiff see Ann c