case dodington case the executor of a person who have annual receive a salary  from the treasury by virtue of a privy seal but which salary be not legal due  to he although order by the Lord treasurer shall he liable to a action of  account for the money receive more godb Ro ab skin see the Bart of Devonshire  case in Hilary term James   to information in the exchequer in nature of a  account be bring against Dodington executor of sir Walter Mildmay suppose that  sir Walter Mildmay have receive money of the queen amount to upon a special  verdict the case be thatSir Walter Mildmay have receive annual out of the  exchequer as a fee for his diet for thirty year together which be pay he by  the command of the Lord treasurer who have authority by privy seal to make  allowance and payment of all fee and due but in truth these be not any due fee  and whether his executor shall he charge with these sum so receive be the  question after argument it be adjudge that he shall he charge for it be hold  that this payment of the money by the appointment of the Lord treasurer be not  Allowable for the privy seal be not sufficient authority to dispose of the  queen treasure unless where it be due and he dispose of it otherwise it be out  of his authority croak Elizabeth er p second it be hold that this money  deliver by the authority of the Lord treasurer who be quas a judicial officer  and it be quasi a judicial act by he yet it shall not bind the queen for it be  without his authority and without warrant to make allowance thereof not be due  and it be at his peril who receive it or demand allowance thereof it be also  object that money can not he know whether it be the queen mon they and it will  he hard to charge he with the receipt thereof as if one sell land or any other  thing bind fide to one of the queen officer who pay unto he the queen money it  will he bare to make he Accountable for that money so receive for he can know  it to he the queen money but it be hold here that in re ard he receive it out  of the exchequer b colour of a fee where it be not due and by colour of a  warrant where it be not sufficient he can not he misconusant that they be the  queen money and shall he charge with they so in every other case where he  receive the queen money know it to he the queen money he be Chargeable but if  he receive it in payment not know it be her money and whereof by intendment he  have not any conusance it be otherwise and for these reason it be adjudge for  the queen against the defendant and although he be executor he shall answer  for it as a debt from the testator a croak Elizabeth hilary term Elizabeth in  the common plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq  Francis Beaumond Esq Thomas Owen Esq justice sir Edward coke Knt  attorneygeneral sir T Fleming Knt solicitor general