Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/296

thereupon preſented at any future time to the living, is direct and palpable ſimony. But, 3. It is held that for a father to purchaſe ſuch a preſentation, in order to provide for his ſon, is not ſimony: for the ſon is not concerned in the bargain, and the father is by nature bound to make a proviſion for him^[1]. 4. That if a ſimoniacal contract be made with the patron, the clerk not being privy thereto, the preſentation for that turn ſhall indeed devolve to the crown, as a puniſhment of the guilty patron; but the clerk, who is innocent, does not incur any diſability or forfeiture^[2]. 5. That bonds given to pay money to charitable uſes, on receiving a preſentation to a living, are not ſimoniacal^[3], provided the patron or his relations be not benefited thereby^[4]; for this is no corrupt conſideration, moving to the patron. 6. That bonds of reſignation, in caſe of non-reſidence or taking any other living, are not ſimoniacal^[5]; there being no corrupt conſideration herein, but ſuch only as is for the good of the public. So alſo bonds to reſign, when the patron's ſon comes to canonical age, are legal; upon the reaſon before given, that the father is bound to provide for his ſon^[6]. 7. Laſtly, general bonds to reſign at the patron's requeſt are held to be legal^[7]: for they may poſſibly be given for one of the legal conſiderations before-mentioned; and where there is a poſſibility that a tranſaction may be fair, the law will not ſuppoſe it iniquitous without proof. But, if the party can prove the contract to have been a corrupt one, ſuch proof will be admitted, in order to ſhew the bond ſimoniacal, and therefore void. Neither will the patron be ſuffered to make an ill uſe of ſuch a general bond of reſignation; as by extorting a compoſition for tithes, procuring an annuity for his relation, or by demanding a reſignation wantonly and without good cauſe, ſuch as is approved by the law; as, for the benefit of his own ſon, or on account of non-reſidence, plurality of livings, or groſs immorality in the incumbent^[8].

1. Cro. Eliz. 686. Moor. 916.
2. 3 Inſt. 154. Cro. Jac. 385.
3. Noy. 142.
4. Stra. 534.
5. Cro. Car. 180.
6. Cro. Jac. 248. 274.
7. Cro. Car. 180. Stra. 227.
8. 1 Vern. 411. 1 Equ. Caſ. abr. 86, 87. Stra. 534.