case johns against Laurence Trinity term James roll a bind by a incumbent  condition to resign the benefice upon request when the patron son shall be of  canonical age be not simony post more   light a raym side cro car light Rep  Hutton Jones ray strange Vernon sayer Bl Com Bac ab Bac ab Amb Rep brown Cas  in Ch Edit will debt upon a obligation of one thousand mark condition whereas  the obligee have procure from queen Elizabeth letter of presentation to the  church of Stretham and be to present Laurence intend when his son John shall  be capable to procure another presentation of he to the say church if the say  obligor within three month after request upon his presentation admission  institution and induction to the say church shall resign his benefice absolute  that then the obligation shall be void the defendant plead that he be not  request issue be join thereupon it be find for the plaintiff and move in  arrest of judgement that it appear by the condition of the bind to be a  simoniacal contract and against law and therefore the obligation void say non  allocatur for there do not any simony appear upon the condition and such a  condition be good enough and lawful wherefore it be adjudge for the plaintiff  afterward a writ of error upon this judgement be bring in the exchequer  Chamber and the principal error insist upon be that this condition be against  law for it appear upon the condition croak throw enter that it be for simony  which make the obligation void but all the judge of the common plea and baron  of the exchequer hold that the obligation and condition be good enough for a  man may bind himself to resign and it be not unlawful but may be upon good and  valuable reason without any colour of simony as to be oblige to resign if he  take a second benefice or if he be nonresident for the space of so many month  or as this case be to resign upon request if the patron will present his son  thereto when he shall be of age capable to take it but if it have be aver that  it be per color siinonii videlicet if he do not suffer the patron to enjoy a  lease of the glebe or tithe or if he do not pay such a sum of money that have  be simony and it be possible may have make the obligation void but as this  case be there do not appear any cause to adjudge it to be void for simony  wherefore the judgement be affirm croak James er p croak throw michaelmas term  James in the king bench sir Thomas Fleming Knt chief justice sir Edward Fenner  Knt sir Christopher Yelverton Knt sir David William Knt sir John croak Knt  justice sir Henry Hobart Knt attorney general sir Francis Bacon Knt solicitor  general