Simony

is the corrupt presentation of different distances, “any one to an ecclesiastical benefice, for money, » gift, reward, or benefit, By one of the canons of 1603, every person before his admi ion to any ecclesiastical promotion, shall, before the ordinary, take an oath, that he has made no simoniacal contract, Stitt or any other, for the obtaining of the said promotion: and that he will not afterwards perform or satisfy any such kind of payment, contract, or promise, by any other without his knowledge or consent. To purchase a presentation, the living being actually vacant, is open and notorious simony; this being expre ly in the face of the statute. Moor. 914. The sale of an advowson, during a vacancy, is not within the statute of simony, as the sale the common law. 2 Black, 22, A bond of resignation isa bond given by the person intended to be presented to a benefice, with condition to resign the same, and is special or general. The condition of a special “one is to resign the benefice in favour of some the patron, when he shall be capable of taking the same. By a general bond, the incumbent is bound to resign on the request of the patron, 4 Bac. Abr. 470. A bond with condition to resign within three months after being requested, to the intent that the patron might present his son when he should be capable, was held good; and the judgment was affirmed in the exchequer-chamber; for a man may, without any colour of simony, bind himself for good reasons, as if he takes a second benefice, or if he is non-resident, or that the patron presents his _ son, to resign; but if the condition had been to let the patron have a lease of the glebe or tithes, or to pay a sum of money, it would have been simoniacal. imoni