ambler case grey against hesketh see Reichel v bishop of Oxford Ch d action on  a general bind of resignation bill for discovery whether the advowson be not  sell with promise to procure a immediate resignation demurrer to the discovery  overrule sale of a advowson during vacancy be not within the stat of simony  but be void at commonlaw Durston v Sandys vern Lincoln inn hall march  plaintiff be present to the live of Steyning by defendant and previous thereto  give a general bind of resignation after the end of six year on three month  request action use at law and judgement recover upon the bind bill by  plaintiff for a injunction and inter alian for a discovery whether defendant  have not sell the advowson since the end of the six year with a promise of  procure a immediate resignation defendant demurrer to the discovery as tend to  subject he to the penalty of the statute against simony Lord Hardwicke  chancellor be of opinion that the sale of a advowson during a vacancy be not  within the statute of simony as sale of the next presentation be but it be  void by the commonlaw these sort of bind be hold good at law and so they be in  equity unless a ill use be attempt to be make of they in which case this court  will interfere question whether sale of this advowson under these circumstance  attend with a immediate resignation be a abuse it seem to be a evasion of the  statute perhaps if more money have be give by reason of the vacancy it may be  within the statute it deserve discovery demurrer overrule N B it be suggest in  the bill and make a defence at law that the bishop have refuse to accept the  resignation his lordship approve the conduct of the bishop in case he be  inform the advowson be sell to be attend with a immediate resignation and he  also express himself of the same opinion with the judge in the king bench that  the bishop refusal to accept the resignation be no excuse ambler for the  incumbent not resign for that he have undertake to resign which imply both  resignation and acceptance without which the resignation be not complete his  lordship say that the Lord keeper go too far in the case of Hilliard v  Stapleton Michaelmas case in equity Abr lamb case   b a the reason of it on  the d of July cause be show by the plaintiff against dissolve the injunction  which have be previous obtain and it appear from the entry in the Reg lib that  the defendant at the time he present the plaintiff to the live be about to  enter himself at Oxford for the purpose of take order as soon as he can be  duly qualify which will be in six year that the plaintiff thereupon give a  bind with a penalty of pound to resign within three month after the expiration  of the six year that soon after the expiration of the six year the plaintiff  be inform that the defendant have leave college and do not intend to enter  into holy order but have sell the live that the plaintiff be desirous to  resign and thereupon wait on the bishop and offer to resign and tender a fit  resignation in write to the bishop but that the bishop absolute refuse to  accept his resignation or to permit the church to become vacant the injunction  be continue to the hear lib Reg a fol b the editor have search without success  for a entry in l r of what take place at the hear with respect to resignation  bind it be decide by dom proc overrule the judgement of king b in the case of  fitche v bishop of London east that general resignation bind be void and in  Fletcher v Lord sondes Bligh Scr p the house of lord hold that particular  resignation bind be also void so a contract make for the sale of a next  presentation the party at the time know the incumbent to be at the point of  death be simoniacal and a presentation make by the purchaser void though the  person present be not privy to the transaction fox v bishop of Chester b c  ambler er p