case MACKALLER against TODDERICK pron  interrog  principium ante page a  promise to pay a sum of money in consideration that the plaintiff will procure  the defendant to be present and institute to a donative be void ante roll ab  Powel on count Cowp Bac ab term Rep this case be now move by Gibbs for the  defendant in the writ of error that the consideration be good for it be for  his solicitation and labour in procure he to be present which in itself be no  simony nor cause to avoid the contract and admit it be simony yet not be a  offence at the commonlaw nor triable by course of the commonlaw but a offence  only make by the canon it be not punishable at the commonlaw until the statute  of Elizabeth c and therefore in Michaelmas term Elizabeth in the common plea a  it be adjudge that where a obligation be for the payment of money and the  defendant plead it to be make for the performance of a simoniacal contract and  show how upon demurrer it be adjudge that it be mere a spiritual offence  whereof the commonlaw do not take any cognizance and therefore be no plea to  avoid the bind and in the case of taverner v smith b in a information on the  statute of Elizabeth c it be resolve that be ought to suppose a corrupt  contract and not a simoniacal contract for the statute do not make the  obligation and contract for simony to be void like the Elizabeth c S of usury  c and the Henry c for sheriff Fletcher to the contrary for simony have always  by the law of God and of the land be account a great offence and a assumpsit  or bind with a condition to pay a sum of money for a simoniacal contract be  account against law and void as if one croak car shall promise another ten  pound to beat such a man it be void Henry a obligation with a condition to  save harmless concern embezzle of a writ and not return thereof be void  because against law Richardson chief justice say he much doubt thereof because  the promise be to pay so much for his labour and travail and not for the  presentation et adjournatur residuum postea page