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against the penalty of that bond; it [135] was apprehended, that in all cases of relief against penalties, costs follow of course.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged that the same should be dismissed, and the decree therein complained of, affirmed; and that the appellants should pay to the respondent the sum of £10 for his costs, in defending the said appeal. (Jour. vol. 17. p. 592.)

In Michaelmas term 1703, the plaintiffs declared against the defendant, upon a bond of £2000 dated the 1st of January, 20 Car. 2. entered into by the defendant's testator, to Sir William Godolphin, deceased; and, upon oyer of this bond, the condition appeared to be, for the performance of certain articles of the same date, made between the plaintiff's testator of the one part, and the defendant's testator of the other part.

To this declaration the defendant pleaded, that by those articles (after reciting, that Sir William Godolphin had, the same day, by his deed poll, granted to the said Thomas Tudor, a deputation of his office of auditor of Wales) it was mutually agreed between them; and the said auditor, in consideration of the yearly payments, covenants, and agreements therein mentioned, did covenant, that the deputy, so long as he should continue deputy of that office, should have to his own use, all such fees, perquisites, and profits, as were 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, covenanted to pay the auditor the full and clear annual sum of £200 by quarterly payments, so long as be should continue deputy in that office; and, at his own charges, to execute the office, and perform all duties, and pay all expences incident thereto, and to indemnify the auditor from all forfeitures and failure.

The defendant then averred, that the said office did concern the auditing accounts of his Majesty's revenue of his principality of Wales; and, that by an act of parliament, 5 Edw. 6. (c. 16 s. 2) it is enacted,

That if any person or persons shall bargain or sell any office, or deputation of any office, or receive any money, or take any agreement, covenant, bond, or assurance, to receive or have any money, or other profit, directly or indirectly, for any office, or deputation of any office, which shall concern [136] the administration of justice, the controulment, or payment of any of his Majesty's revenues, auditorship, or surveying any of his Majesty's honours, manors, lands, or hereditary customs, or any administration, or necessary attendance to be had, in any of his Majesty's custom-houses, or any clerkship, to be used in any court of record, where justice shall be to be administered; 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 persons that shall give or pay any sum of money, or shall make any agreement, bond, or assurance for any of the said offices, or the deputation thereof, shall immediately, upon such money paid, or bond or agreement made for any sum of money, or reward to be paid, be adjudged a disabled person in law, to enjoy such office or deputation, and all such agreements, covenants, and bonds, shall be void.—

That the auditor, 1st January, 20 Car. 2. was seised of that office, by