case Charles Godolphin et Ux Plaintiffs thomas tudor defendant in error saint  January Mews dig go a auditor of Wales appoint a his deputy and it be agree  between they that the deputy shall receive all the fee c and pay the principal  a certain sum of pound per and this deputation and agreement be void by the  statute Edward c S aliter where a sum certain be reserve Payable out of the  fee and profit of the office for in that case the deputy be not to pay unless  the fee amount to so much Mod Mod salk viner vol p note to can can can in  Michaelmas term the plaintiff declare against the defendant upon a bind of  pound date the saint of January car enter into by the defendant testator to  sir William Godolphin decease and upon oyer of this bind the condition appear  to be for the performance of certain article of the same date make between the  plaintiff testator of the one part and the defendant testatorof the other part  to this declaration the defendant plead that by those article after recite  that sir William Godolphin have the same day by his deed poll grant to the say  Thomas Tudor a deputation of his office of auditor of Wales it be mutual agree  between they and the say auditor in consideration of the yearly payment  covenant and agreement therein mention do covenant that the deputy so long as  he shall continue deputy of that office shall have to his own use all such fee  perquisite and profit as be of right and ought to come and be Payable to the  auditor for or by reason of that office or the execution thereof and the  deputy in consideration thereof covenant to pay the auditor the full and clear  annual sum of pound by quarterly payment so long as he shall continue deputy  in that office and at his own charge to execute the office and perform all  duty and pay all expense incident thereto and to indemnify the auditor from  all forfeiture and failure the defendant then aver that the say office do  concern the audit account of his majesty revenue of his principality of Wales  and that by a act of parliament Edward c S it be enact that if any person or  person shall bargain or sell any office or deputation of any office or receive  any money or take any agreement covenant bind or assurance to receive or have  any money or other profit direct or indirect for any office or deputation of  any office which shall concern brown the administration of justice the  controlment or payment of any of his majesty revenue auditorship or survey any  of his majesty honour manor land or hereditary custom or any administration or  necessary attendance to be have in any of his majesty custom house or any  clerkship to be use in any court of record where justice shall be to be  administer every such person shall not only lose and forfeit all his and their  right and interest in or to such office or deputation but also all and every  such person and person that shall give or pay any sum of money or shall make  any agreement bind or assurance for any of the say office or the deputation  thereof shall immediate upon such money pay or bind or agreement make for any  sum of money or rearward to be pay be adjudge a disable person in law to enjoy  such office or deputation and all such agreement covenant and bind shall be  void that the auditor saint January car be seize of that office by brown er p  virtue of his majesty letter patent date the that of October car and before  make the bind and article the same saint of January car make a deputation of  that office to the defendant testator to hold how day see bene to bear about  and that the deputation be make upon the agreement between they that the  deputy from the make of the say deputation shall yearly so long as he continue  deputy in that office pay the auditor the full and clear annual sum of pound  for the deputation and that for the security of the payment of the say sum for  the say deputation so make and in prosecution of that agreement the article  and bind be make by reason whereof the article and bind by virtue of that  statute become void the plaintiff reply that king Charles two grant their  testator a patent of that office to be execute by himself or his deputy for  his life and grant to he the yearly fee of pound Payable at the receipt of the  exchequer with all other fee wage diet and reward belong to the say office and  that be so seize he make the deputation in the defendant plea and the  plaintiff aver that at the make of the deputation and during all such time as  Tudor be a deputy the just and legal yearly wage and fee to the say office of  right belong do amount to pound S per and and that the deputy receive so much  yearly during his deputation from the exchequer for the same and they assign a  breach that pound for the yearly payment in the article express be due for  four year end at Michaelmas the defendant rejoin that the wage and fee do not  amount to above pound in any year after the deputation during the life of the  deputy and that the deputy do not receive in any one year pound S or any other  sum as the plaintiff have reply more than the sum of pound for fee and wage  belong to that office to this rejoinder the plaintiff demurrer and the  defendant join in demurrer and the case have be several time argue brown in  the court of queen bench the judge at length unanimous give judgement for the  defendant that this deputation and agreement be void by the statute but to  reverse this judgement the plaintiff bring a writ of error in parliament  insist c Bonython that the certain fee and allowance to this office as appear  by a schedule annex to their case amount annual to pound S beside contingent  fee and profit and other considerable advantage and therefore the reserve only  pound out of all these can not be think any hard usage of the deputy and much  less amount to a sale of the office that the agreement be fair and thereby a  very liberal provision allow the deputy that no advantage be take of this  agreement during the life of the party whereby the public may receive the  benefit intend by the act of parliament if the office be forfeit and that no  other use can be now make of a rigorous construction of that statute but to  excuse the deputy from account to his principal under the screen of his own  tortuous act on the other side it be contend S Harcourt I Chesshyre that the  deputation be void by the statute because the pound be not reserve Payable out  of the profit of the office if they shall amount to so much but for the  deputation that therefore the deputy must at all event pay pound per and and  bear the expense and burden of execute the office although the fee and  perquisite shall not amount to half so much and consequent he buy the  deputation and be manifest under a temptation to oppress and exact in his  office to save himself which be the chief inconvenience the statute intend to  provide against and after hear counsel on this writ of error it be order and  adjudge that the judgement give in the court of queen bench shall be affirm  and that the record shall be remit to the end execution may he have thereupon  as if no such writ of error have be bring jour vol p brown er p