case the king against the bishop OF CHESTER faculty grant by the archbishop  need not be subscribe register or enrol by the chief clerk of the faculty but  by his deputy error of a judgement in a quare hinder be bring in the county  palatine of Lancaster against the bishop of Chester for refuse to admit one  peploe to the wardenship of Manchester college upon the presentation of the  king the bishop plead that he claim nothing but as ordinary and set forth that  this college be find by Charles the second who appoint a warden thereof and  that all successive warden shall be bachelor of divinity and that the say  peploe be not a bachelor of divinity therefore he the bishop can not admit he  to be warden upon issue join whether he be a bachelor of divinity or not the  cause be try and evidence be give that the archbishop of Canterbury have grant  a faculty or degree of bachelor of divinity to the say peploe instanter that  faculty be grant by the archbishop of Canterbury for the time be by custom and  usage immemorial and that this be confirm to they b the statute Henry c the  counsel for the defendant tender a bill of exception to this evidence which be  overrule below and thereupon a verdict be find for the king the defendant now  bring a writ of error and assign the error follow first exception it do not  appear that this faculty be stamp or that the duty be pay at the time it be  enrol in chancery as it ought to be by virtue of the statute will c therefore  it not be stamp when enrol it be void this be answer by the counsel on the  other side and resolve by the court that the stampact will c be only to secure  the duty to the crown and not to take away any evidence from the party the  clause therein be that if any person shall write on parchment or paper charge  with the duty Payable by that and former act he shall forfeit ten pound and  that it shall not be give in evidence till the duty and penalty be pay and it  be every day practice that upon payment of the duty and penalty the write be  make good second exception this faculty be not subscribe and register by the  archbishop clerk of the faculty as require by the say statute Henry c as to  this exception it be answer and resolve that this faculty be not subscribe by  the archbishop clerk of the faculty but by his underclerk when it be express  require by the statute Henry c that it shall be sign by the clerk himself be  very true but the Act be but directory and it be not say that it shall be sign  by the chief clerk himself so that this be sign by his under clerk and it be  customary in this office for the underclerks to sign faculty this exception be  of no weight three exception that it be not subscribe and enrol by the king  clerk of the faculty in chancery as it ought because he be empower by the  statute to tender a oath to the person who have obtain it which statute be  make to restrain the extravagant grant of the pope in those day and therefore  shall be full and strict perform by the clerk themselves and not by their  deputyclerks and this must be intend by the legislator for otherwise this Act  will have be pen as the statute of will a Henry c and Henry c a or as the  statute modern report of promissory note b Ann c b by which it be enact that  the sign shall be by the party themselves or by any other person authorize by  they therefore this must be do by the principal clerk themselves and not by  their underclerks for it be not assignable to they and therefore this faculty  be void especial since there be a proviso therein that it shall not be good  till subscribe and register by the clerk of the faculty in chancery which be  in the nature of a condition precedent and not to be sign or subscribe by his  order as to the three and chief exception that there be a proviso in the  faculty itself that it shall not be good unless subscribe and register by the  clerk of the faculty modern report er p in chancery it be hold that where a  man do anything by the express order of another as it be do in this case it be  as good as if do by himself as where one express order another to sign a deed  which the person thus order do afterward sign this be good as one determinate  act but where a deputy do any thing by virtue of general deputation it must be  where a deputy may be make by law the judgement be affirm