Colleges, Schools, Hofpitals, Halls, and Societies founded at the Time of the Making the Aft, but to
all facta as fliould be erected or founded after. 3 Inft. 156.
S. 3 . And if any Fellow, Officer, or Scholar in any of the Churches, Col-
leges &c. tit ftipra, contrail or agree for any Money, Reward &c. for the
Leaving or Resigning up of the fame his Room or Place'to any other &c. he (hall
forfeit and lofe double the Sum of Money &c. fo received ; and every Perfon by
whom or for whom any Money &>c. frail be given &c. Jhall be incapable of
that Place or Room for that Time or Tarn &c.
S. 4. And it is further en ailed, That at the Time of every fuch Eletl ion, Pre-
fentation, or Nomination, as well this prefent A3 as the Orders and Sta-
tutes of the fame Places concerning fuch Eleclion, Prefentation, or Nomina-
tion, frail then and there be public kly read, upon Pain to forfeit and lofe the
Sum of 40 /. &c. whereof the one Moiety to him that wi'llfue, and the other
Moiety to the Church, College &c.
S. 5. Enacts, That if any Perfon or Perfons, Bodies Politick or Corporate, * See B)
Jhall or do, for any Sum of Money, Reward, Gift, Profit, or Benefit, direclly P ' 5 .~~
or indireclly, or for or by reafon of any Promife, Agreement, Grant, Bond, Q ^\„ \ n f
* Covenant, or other Affurance of or for any Sum of Money, Reward, Gift, tended
Profit, or Benefit whatfoever, direclly or indireclly f Prefent or Collate any where the
Perfon to any Benefice with Cure of Souls, Dignity, Prebend, or Living Ec- * cr f on Prc ~
cleft aft ical, or give or bcjlow the fame for or in refpeti of any fuch Caufe wcoilanijghas
Conjideration, Right to'
Prefent or
Col'ate, but alfo where any Perfon or Perfons, Bodies Politick or Corporate, do trfurp, and hair ?.v
Title to Prefert or Collate : And fo it was adjudged in Cafe where the Ufurpation was to a Church of the
II; ig. 3 Inft. 153.
Note, That in this Statute there is no Word of Simony ; For by that Means the Common Law
•would have been Judge what fliould have been Simony, and what not. Noy 25. in Cafe of Wineh-
combc v. Pulefton. â– The Statute of Purpofe forbears to ufe the Word, Simony, for avoiding Nice
Conllruftion of that Word in the Civil Law ; and therefore the Makers of the Act fet down pla
the Words of the Statute, That if anv be promored for Mon=v Sec. So that it is not material from
whom the Money comes; Per Tanfield Ch. B. Lane 103. Hill. S Jac. in the Exchequer, in Cafe of
Kitchi:i v. Culver:.
That
45 6 Simony.
h was re- 'That then every fitch Prefentment, Collation, Gift, and Reflating, an-d
fol vcd Per pyery* idmiffton, Infiitation, Live flit are, and Induction i 'hereupon pall be utterly
That If any void, fr tiff rate, and of none Effctl in Law ; and that it pall and may be
Ihall take lawful to and for the Queen's Majefty, her Heirs and Succejfors, to Prefent,
: , fee, Collate unto, or Give or Beftow every fuch Benefice, Dignity, Prebend, and
Reward, or ]j vtn n Kcclefia/lical for that one Time or Turn only.
other Profit * J J J . ■■/•.*
for any l'refentation to a Benefice with Cure, tho' in Truth he who is prefented be not knowing of it,
yet the Prefentation, AdmiTion, and Induction, are void by the exprefs Words of the Statute ot ; i El.
cap. 6. and the King fhall have the Prefentation hac vice ; For the Statute intends to inflict Punifbment
Hi :,. ,',' t Patron, as upon the Author of the Corruption, by the Lois of his Prefentation, and upon the In-
cumbent who came in by fuch a corrupt Patron, by the Lois of his Incumbency, tho' he never knew;
of i: ; But if the Prefer.tee be * not cognizant of the Corruption, then he fhall net be within the Claufe of
Difability. Ar.d lb it was refolved by all the Juftices in Fleet-Street, Mich. S Jac. fol. 7. 12 Rep.
100. in the Cafe of Dr. Hutchinibn. And fays the Statute is very well penn'd againft the Avarice of
corrupt Patrons.
* S. P. 9 Inft. 1 54. and fays, It was fo refolved Mich. 13 Jac.
But here is to be obfe'rved a Diverfity between a Prefentation or Collation made by a rightful Patron
and an Ufurper ; For in Cafe of a rightful Patron who does corruptly Prefent or Collate, by the ex-
prefi Letter ot this Act the King fhall Prefent , but where one does ufurp and corruptly Prefent or
Collate, there the King fhall not Prefent, but the rightful Patron; For the Branch that gives the King
Power to Prefent is only intended where the Rightful Patron is in Fault ; but where the Rightful Patron
is in no Fault, there the corrupt Act and Wrong of the Ufurper makes the Benefice &c. void, but takes
not away the lawful Title to Prefent from the Rightful Patron. 5 Inft. 153, 154. fays it was lb
adjudged.
Dr. Watfon And that all and every P erf on and Perfons, Bodies Politick and Corpo-
fws he con- rate ^ that pall give or take any fuch Sum of Money, Reward &c. pall lor-
ceives, That fe . ^ j, ^ j) ou b!e Value of one Year's Profit of every fuch Benefice,
cal Contrail Dignity, Prebend, and Living EccleJiaJtical.
it made by a
Clerk, or other Perfon, altho' the Patron after pnfents the Clerk Gratis, yet the Perfon contracting for-
feit!; the Donble Value of the Church. Watf. Comp. Inc. Svo. 72. cap. 5.
This Double Value fhall be a<-c0«»f<^according to the very, or true Value, as the fame may be lettevi
and fhall be tried by a Jury, and not according to the Extent, or Taxation of the Church ; whereof one
â– was made both of the Spiritualties and Temporalties in 20 Ed 1. 1292. in the Time of Pope Nicholas,
of that fee 11 H. 4. fol. 35. F. N. B. 176. And Polichron. lib 7. cap. 3b!. Rot. Pari. iS E 3. No. 44.
Stat. 2. 1 R. 2. No. 102. S H. 6. No. 15. and the other Taxation was made in 26 H. S. 3 Inft. 154.
See the Note And the Perfon fo corruptly taking, procuring, fecking, or accepting any
at the irtPa-yj /c £ Benefice, Dignity, Prebend, or Living, Jhall thereupon, and front
pa^e'— See thenceforth be adjudged a Di fabled Perfon in Law to have, or enjoy the fame
(K) (L) — Benefice, Dignity, Prebend, or Living Ecclefiaftical.
Such Incum-
bent fo coming in by Corrupt Agreement is fo abfolutely difabled for ever to be prefented tothatChurch^
that the King himfelj, to whom the Law gives the Title of Prefentation in that Cafe can't prefent himagain
to that Church; For the Aft being made for fuppreflirg of Simony and fuch Corrupt Agreements lb
binds the King in that Cafe as he cannot prefent him whom the Law has difabled ; For the Words of the
Act are " fhall thereupon and from thenceforth be adjudged a Difabled Perfon in Law to have or cn-
" joy the fame Benefice." And the Party being difabled by Aft of Parliament, which being an abfolute
and direft Law, cannot bedifpenfed withal by any Grant &c. with a Non-obftante, as it may be when
any thing is prohibited fub Modo, As upon a Penalty given to the King Co. Litt. 120. a. S. P.
Watf. Comp. Inc Svo. 206. cap. 13. S.P.3lnft. 154. faysitwasfo refolved Mich. 1; Jac.
Ld.Coke S. 6. It is further enabled, That if any Perfon pall for any Sum of Money,
^v^l^was ^ cwar( i^ c _ ( u t fupra) other than for ufual Fees, admit, institute, inftal,
rncnt and " indttff, inveft, or place any Perfon, in or to any Benefice with Cure of Souls,
obfer'ved the Dignity, Prebend, or other Living Ecclefi apical : 'That then every Perfon fo
Proceedings offending fhall forfeit and lofe Double Value , ntftipra; and that thereupon
therein; and imm d in f e iy from and after the Invefting, Inftallation, or Induftion there "f
this ClWc had, the fame Benefice &t. fliall be Eftfoons meerly void &c.
was to avoid
hafty and precipitate Admiffions, Inftitutions &c. to the Prejudice of them that had Right to prefent, by
putting them to a Ouare Impcdit, and no fuch Haft or Precipitation is uled but for Reward &C. us it
is to be prcfumed. 3 Inft. 155.
And
Simony. 4.57
• And albeit the Church is full by the Inftitution &c. againft all but the King, yet the Church becomes
rot void by this Branch of this Ac!:, until after Induftion. 3 Inft. 1 5 5. S. P. Watf. Comp. Inc. S vo.
S3, cap. 6.
And that the Patron &t. pall and may prefettt &c. This is in-
tended of the
Rightful Patron, or of him that has Right to prefent. 3 Inft. 1 5 j.
iS". 7. Provided that no Title to confer or prefent by Lapfe flsall accrue upon This is to '
'any Avoidance, mentioned in this Acl, but after 6 Months Notice given by the ,- nt ? n y A - ?
1 be
iof
Ordinary to the Patron. races on!/
by reafon of
Simony, where the Presentation is not given from the Patron to the King, that is where the Perfon ob-
tains his Orders, Admiiiion, Inftitution, Induction &c. Simoniacally ; For no Lapfe can incur at all
where the Right of Prelentation is in the King. Watf. Comp. Inc. Svo. 71. cap. 5.
S. 8. And be it further enaBed, That if any Incumbent of any Benefice
with Cure of Souls Jball corruptly relignor exchange the fame, or corruptly
take for or in Refpecl of the Reftgning or Exchanging of the fame,* direclly or * See(E)
inditeclly, any Penlion, Sum ot Money, or Benefit whatfoever j That then P 1 - 5-
as well the Gi\er as the Taker &c. ihall loie double the Value of the
.Money fo given, and Double the Value of one Year's Profit, one Moiety
thereof to the Mueen, and the other Moiety to him that will fue for the fame
in any of her majejifs Courts of Record.
S. 10. Provided That if any Perfon or Perfons fhall or do receive or take * This
any Money, Reward &c. ut fupr a (ordinary and lawful Fees only ex- Word Bene<
cepced) J or to pi ocu re the Ordaining or Making of any Mimfler, cr giv- m^t"*— "
ing any Orders or Licence to preach, Jball for every Offence forfeit and lofe extends not
the Sum of 40 1. and the Party {o corruptly made iVJiniiter lhall forfeit only to Be-
and lofe the Sum of 10 1. and if if at any Time within 7 Tears after fitch cor- ne fices of
rupt Entring into the Mmiflry, he lhall accept or take any * Benefice, Liv- ^lurches
ing, or Promotion Ecclejiaftical; That then immediately from and after the but toDilni-
Induilion, Invefling, or Inflallation thereof, or thereunto had, the fame ties and other
Benefice, Living, and Promotion Ecclefiaftical ihall be Eftloons meerly £ccleiufti -
voidejfr. calPromo-
tions; Asta
Deanries,
Archdeaconries, Prebends Sec. and it appears in our Books that Dean ries, Archdeaconries, Prebends &c.
are Benefices " ith Cure of Souls; but they are not comprehended under the Name of Benefices with
Cnreof Souls within the Statute of 21 H. S. by reafon of a Special Provifo ; which they had been if no
fuch Provifo had been added, viz,. Deans, Archdeacons, Chancellors, Treafurcrs, Chanters Preben-
daries, or a Parfon where there is a Vicar endowed. 3 Inft. 155.
One Moiety of which Forfeitures pall be to the J$>i(een. t and the other The Courts,
Moiety to him that will fue for the fame, by Bill, Plaint, or Information /»°f Record
any of her Majejifs Courts of Record, in which no EJJum, Protection, Pri- u"^!^'^
vilege, or Wager of Law Jball be admitted or allowed. ai . e Chancery
£-R.theC.'8.
and tie Exchequer, but not any inferior Court of Record. Watf Comp. Inc. Svo. - 7. cap. 5. cites Gre-
gory's Cafe, 6 Co. 20. Andfays, The Privilege and Protection herein mentioned are to be taken for the
Common Protection and Privileges of Officers and Courts, but are not to be extended by thofe general
Words to the Privilege or Protection of Parliament, as isobl'crved by Parlbn's Couniellor 67. Watf Comp
Inc. Svo. 77. cap. 5,
2. Simony is odious in the Eye of the Common Law $ for a Guardian Latroejl qui
in Socage of a Manor, whereunto an Advowfon is appendant, lhall not pre- durumex
lent to the Church, becaufe he can take nothing for the Prefentatioti, ™L / '£' 0W
lor the which he may account to the Heir ; and therelbre the Heir in inft! T$6 —
that Cafe ihall prefent of what Age foeverhebe; and if m Heir of Tenant in simony h
6 A Capitc the mol-e °"
4.58 Simony.
dious, be- Capite has Livery cam Esattiws, .yedhall not the Heir prefent to an Ad-
cauic i: is vovv f on , becaufe no I lilies or Profit can betaken thereof. ^ 3 Inft. 156.
3. And the Common Law would have the Patron fo far from Simony
as it denied him to recover Damages in a .
itare Impedit, or Allife of Dar-
Fo» r.,rPrs- re i n Prefentment, before the Statute of YVeftm. 2. cap. 5. 3 Inft. 156.
fcntee &c.
is fworn to commit uo Simony. 3 Inft. 1 56.
Swotrew« 4. In Debt upon Bond conditioned to pay 100 1. at Michaelmas, De-
ence at fa^^r. pleads the Money was to be paid for Refignation of a Benefice with
orethe*" Intent that another ihould bepreiented, and Ihewed that the Patron, O-
Statufeof 31 bligor, and Obligee were Parties to the Agreement, and demands Judg-
Eliz Per __ ment, becaufe it was upon Contrail: of Simony which is againit Law.
^ r '?i°'.]f' The Plaintiff demurred, and adjudged for Piamtifi, becauie Simony is
aller v. Tod- non againit our Law, and no fitch Contract or ObUg ititw is made void by any
derick. — Statute in our Law, nor is it averrable that the Money is lor other Caule
Powell J. than the Obligation exprelfes. Mo. 564. pi. 769. Pafch. 40 Eliz,. C. B.
Sfof' 115 01dbur y v - Gre g° r y-
-/•â–
5. There are no Accejfories in Simony, but all are Principals. Cro. E.
789. pi. 30. Mich. 42 ik. 43 Eliz. C. B. Baker v. Rogers.
Inan Af- 6. Information. The Church in the Tower of London being a Donative
{jj?^? , of the King, became void by Refignation, and the Defendant agreed with
T.slbr ^ J-S. t0 g' ve mm 2 ° 1- i t ' le could procure a Prefentation Sec for him from
the 20 1. by the King, which he did accordingly, and theDefendant was inducted ; it
the Defen- vvas inliited, That this being a Donative, is not within the Stat. 3 1 Eliz.
dant for pro. t> ecau fe that mentions only where one comes in by Simony by Prefentment or
Livinf * the Collation ; fed non allocatur, becaufe it is within equal Mifchief: Then
Paiotiffhad it was objected, That this could not be within the Statute, becaufe the
Judgment, King being Donor, it cannot be intended that he prefented for Simony,
•whereupon an( j ^^ t he Patron fhall lofe his Prefentation for that Time, and there-
dantbrougiit ^ ore m all not extend to any of the King's Donations ; fed non allocatur.
Error, and For Simony may be between Strangers, without the Privity of the In-
the Judg- cumbent or Patron. And Rule was given to enter Judgment for the
mentwasre-p lainti ft; Cro. C. 330, 3 3 1. pi. 15. Mich. 9 Car. B. L^. Bawderockv.
versd; For .- , ,,
the Court Mackaller.
Una Voce
agreed, That the ConfiJeration was Simoniacal, and againft Law, and confequently the Aflumpfit not
good. Jo. 341. pi. 1. Pafch. 10 Car. B. R. S. C. by jSame of Todderidge v. Mackalley. Cro.C.
92J. pi 24. Mich. 9 Car. B R. Ma-.kaller v. Toderick S. C. in Error upon the Judgment in AiTump-
iit, and argued for the Plaintiff in Error; but adjornatur. — Ibid. 353. pi. iS. Hill. 9 Car. B. R. S. C
argued for the Defendant in Error. And Richardfon faid, He much doubted thereof, becaufe the Pro-
mtfe is, To pay fo much (or I is Labour and travel, and not for the Prefentation, Et adjornatur. — Ibid. ;6 1 .
pi. 2. Pafcli. 10 Car. ii. R. S. C. and the Court held the Confideration illegal, and that the Declaration
â– was ill ; For the Promife -was to pay him after that be is Retfw ; and he mews that he was Rector by his
Procurement upon this Promife, which cannot be ; For he never ivas Retfcr, but a Perfon utterly difabkd
to be a Parfon by his * Simoniacal Contract, and fo reverted the Judgment.
* A Simoniacal Prefentation does not amount to Jo much as a Claim. Arg. Hard. 47. cites the Cafe of
Love v. Jones 1652. in the Exchequer.
(B) ffhat
Simony. 45 9
(B) mm is.
Imony is Studiofa Voluntas emcndi ant 1'endendi Spirit Italia, ant Spi- Simony is
w hen
Perfon is
ritualihm auncxa. Cro. E. 789. Baker v. Rogers. when any
Perfon is
prefented or collated to any Benefice with Cure of Souls, Dignity, Prebend, or Living Ecclefiaitical
&c. or has any fuch given, or beflowed on him, for or in any Relpett of any Sum of Money, Reward,
Payment, Gift, Profit, or Benefit, direlily or indireltly, or for or by reafonofany Promile, Agreement,
Grant, Bond, Covenant, or other Afluiance, or any Sum of Money, Reward, Payment, Gift, Profit,
or Benefit, whatsoever, directly, or indirectly, or for or in RelpeCt of any fuch corrupt Caufe or Con-
fideration. Godolph. Rep cap. 59. S. 1.
2. Simony is a Contract either with the Patron to prefent, or with the
Ordinary to infiitute ; and if it be neither of them it is not Simony at
Common Law. Simonatcus is the Perfon who makes fuch Promife, and
he is made incapable to take any other Benefice ; but Siraoniace promotus
is where a Friend of a Man not knowing it, gives Money to the Patron
or Ordinary, to prefent, or inititute. Per Doderidge J. Rep. 465.
Mich. 22 Jac. B. R. in the Cafe of Wilfon v. Bradfhaw.
g. Prefentation is no Profit to the Patron, but Pre-eminence, and the
Profits are to the Parfon ; for if the Patron takes the Profits, it it Simony.
Br. Iifues Ret. pJ. 21. cites 24 E. 3. 29.
4. In a Quare Impedit by Grendon againft Bifhop of Lincoln and See pi. i$. ;
Dean and Chapter of Windiefler, who defended themfelves by a Grant
of Appropriation, three Juitices were againll the Plaintiff, and Dyer
Ch. J. argued for the Plaintiff", and no judgment given. But lis eux ac-
cord' pour un fame dargent agard al Plaintif: And the Author of that
Book was Counfel with the laid Plaintiff! Bendl. 296. pi. 291. Hill. 17
Eliz. Grendon's Cafe.
5. An Obligation was made by the Prefentee to the Patron, to pay $1.
annually to the Wife and Children of the late Incumbent, and notwithstand-
ing great Oppoikion to the contrary, the Parfon keeps and enjoys his
Parlonage to this Day. Noy. 142. cited by Foiter J. as the Earl of Suf-
iex's Cafe.
6. In Ejectione Firmae the Point was, The Patron takes an Obligation
of the Clerk (whom he prefented) That he fhould pay 10 /. to the Son of
the lajl Incumbent, fo long as he fhould be a Student at Cambridge unpre-
ferrd. By the Court adjudged, That that was not Simony, othenvife if
it had been to have paid to the Son of the Patron. And Judgment accord-
ingly, by Verdict. Noy. 142. Baker v. Mountford.
7. The Coulinof C. being a Clerk, comes to the Grantee of the Pro- Lane -1.
chein Avoidance, and prom ifes him 20/. and 20 1, per Ahntlm if he y;/// 3n di °SC
prefent C. to the Church quando &c. C. (not kniiv.ni any ffiisjr of the an '"L ~
Contrail) is preknted accordingly , that is Simony, a Foruore where S. ^ B ar , an j
himfelf, who was to be prefented, was Party to the firlt Motion of the on the
Contract lor Prefentation. Per Hubbard. Noy. 25. in Cafe of UB!i1C!> Beuch -
CQtllbC iL JitHlUCftOU, eites it as 7 Jac. in the Exchequer, Calvert v.
Parkinfon.
8. If a Clerk feeks fir Money, to obtain a Prefentation unto a void Church,
tho' afterwards the Patron prefent s him Gratis, yet this Simoniacal At-
tempt has di fabled him to take that Benefice. Watfi Comp. Inc. 8vo. 73.
cap. 5. cites it as the Opinion of Tanfield Ch. B. in his Argument of
Calvert and Kitchins Cafe, and cites Hughes 1816. and Parions Law
cap. 18. 135.
9- If
a6o Simony.
9. If the Bi/bop of Canterbury grants a Difpaifation to J. S.itpon a corrupt
Contract, reciperc the Church of D. which is void, and utter wards Lap/e
incurrs to the Biihop as Ordinary, and thereupon he collates J. S. to the
fame Church. It was laid, That in this Cafe, that it was a Collation
upon a corrupt Agreement within the Statute ; tor that, in luch Cale, the
Law looks back upon the original Aft, the Difpenfation upon the cor-
rupt Agreement ; by Hobart Ch. J. in the Argument of CGltiUtt) C'iO'
l3Cr'0 CilftV Hob. 158, 159. Hughes's Abr. 1870. [But I do not ob-
serve this Point in that Cale ]
This ore is I0 . The Queltion in the Court of C. B. was, That a Feme Sole was
-N^ffAh fafa °f an ddvowfon of a Church, and the Church being void, /he profaned
Tu. Simony J- "*'â– t0 tne ^hmn-'hi upon Condition, That he jhould take the Woman for hrs
24T.pl. 4. * Wife, which he did accordingly. It was refolved in thatC.de, That
but cites no this was a Simoniacal Contract, which made the Premutation void ; lor
Bo ° 1< ' ° n| y that it was a Benefit within the Statute to the Woman, and an Advance-
iLsVc? mentof her: And in that Cafe it was put, That if the Patron of a
[but the Cafe Church prefent J. S. to the Church, being void, upon an Agreement that
which he he /hall be ^utor to the Son of the Patron : That altho' this be not pro-
means is^ perly a Gift, or a Reward, yet, in Regard it was a Benefit to the Pa-
ibioaVBs tron ' n c ^ e Tuition of his Son, that' the fame was within the Intent of
Iter to. ' the Statute. Mich. 8 Jac. in C. B. ^OtmtfOl'D'0 CatC» And in the Ar-
SgtountftTD; gument of that Cafe, this Cafe was put, Contention was betwixt the Par-
but contains ^ Qn an( j rne p ar ifhj ners tor Tithe Cyder. The Church afterwards be-
mentioned" 1 ca,lle v °id, and the Patron did preient J. S. to the Church, upon Condi-
here] tton that he Jhould not file the Pari/bioners for
* So if one That it was adjudged in that Cafe, That the fame was not any Simoni-
promifes a aca j Agreement within the Statute; for that it was only to prevent a
in QnSfaa- Suic > and a Deed of Merc y- Buc ^ the P atror > himfelf was within the
Hon be will Pariih, and ihould pay fuch Tithe, then, becaufe the Patron had a Be-
marry his nefit and Profit by luch an Agreement, it had been a Simoniacal Con-
Dauglyter, tract within the Statute. Hughes's Abr. 1869, 1870.
Kinftvoman
Sec. That he Kill prefent him to fuch a Living when void, or to the nert Living, or next good Living
that fhall fall void within his Gift and Difpofal, this is a Simoniacal Contract, for there C3n be no Dif-
ference in Reafbn, as to making of a Contract Simoniacal, whether it be by Covenant, or by bare Pro-
mife ; or whether it be to be prefented to one Church in certain, or to fuch as fhall next fall void ; for
•when the Church is become void, and the Clerk prefented to it purfuant to fuch an Agreement, it is
then become as certain, as if the Agreement had been to prefent to that very Church ; and by Yelver-
ton, one prefented to a Living, to the Intent that he /ball marry the Patron's Daughter, is Simony, which
Richardlbn denied ; but upon what Reafon the Book tells us not. Watf. Comp. Inc. Svo. 60. cap. 5.
cites Litt. Rep. 177. Mich. 4 Car. Steven's Cale.
M0.S7-.pl. 11. A. was feifed cf a Manor, to which an Advowfon was Appen-
ij^ , . I • , dant. J. S. promifed A. that if he would prefent him after the novo Incum-
vtheBi&op b efli ' s Death, he would give htm 70/. whereupon it was agreed, that the
of Winchef- next P 're, Cent alien Jhould be granted to B. &c. The Incumbent died, B. pre-
terandPu- fntcd S. who continued Incumbent from 27 Eliz. to 7 Jac. Then A. grant-
lefton S. C. c d t b e Manor with the Appurtenances to W. in Fee. S. the Par/on died,
TacC B 4 7 J ac - and the Ki,l £ prefented P. by the Title of Simony in the latt In-
accordingly; cumbent. W. brought a Quare Impedit; refolved, That this is Simony,
and fays, it Koy. 25. "NYinchcombe v. Puilelton.
was pleaded,
That the corrupt Agreement was made at a Time when the then Incumbent lay dangerously ill of a
Strangury, and that by the Simony, the Church remained void from the Death of the prior Incumbent.
Brown. 164, 165. S.C. Hob. 165 pi. 194. S. C. refolved accordingly. Ibid. if;;, pi. 145.
S. C. but a D. P.
12. If an Incumbent of a Church, being upon the Delign of exchang-
ing his Benefice, to get his Patron's Confent to promote another thereto,
does promife that the Clerk pall make a Leafe of the Glebe or 'tithes to the
Patron, at a certain Rent ; and the Clerk is prefented, and does make
the
Simony. 46 1
the Leafe accordingly, altho' chat he knew not of the Contract^, yet this
is Simony. Watf. Comp. Inc. 8vo. 55. cap. 5. cites Hill. 16 Jac. C. B.
Rot. 667. Grant and Bowder's Cafe.
13. In A£tion upon the Cafe, the Plaintiff declared, That whereas
upon a Communication between him and the Defendant, concerning the
Pre Cent at ion to the Church of M. and the Plaintiff affirmed, that the Pre-
sentation belong d to the King "who had granted it to hint, and the Defendant
affirmed it belonged to the Untverfity of Oxford, by reafon of the Recufancy
of the Patron ; and that they both filing for Admifjkn &c. the Defendant,
in Confideration the Plaintiff' would deftjl from endeavouring to get AdmiJ/ioit
dec. and would keep the Recafant from diflurbing him, that then he vcllet
fohere to the Plaintiff 30/. and a Gelding worth 10 /. and Jones J. feem'd