case babington against wood a bind give in consideration of be promote to a  benefice condition to resign it on request be not simony Hutton Jones cro  James raym side roll say vide more stram vern Bl Com Eq can Abr Ch Cas vern  Prec Ch sayer and see the case of bagshaw v Bossey term Rep and partridge v  Whiston term Rep debt upon a obligation condition whereas the plaintiff intend  to present the defendant to such a benefice that if the defendant at any time  after his admission a by Geo c if a apprentice absent himself from his service  before his time be expire be shall serve for so long time as he have absent  himself or make satisfaction or be commit to the house of correction for three  month but this do not extend to apprentice give more than ten pound or after  seven year elapse beyond their term b vide Ann c Geo c and Geo c croak car er  p institution and induction at the plaintiff request resign the say benefice  into the hand of the bishop of London that then c the defendant upon oyer of  the condition demurrer general and this be argue by Grimston for the plaintiff  and by calthrop for the defendant who show that the cause of demurrer be for  that the condition of the bind be to resign upon request of the patron it be  simony and against law so the bind void but all the court conceive that if the  plaintiff have aver that the obligation be make to bind he to pay such a sum  or to make a lease or other act which appear in itself to be simony then upon  such a plea peradventure it may have appear to the court to be simony and may  have be a question whether such a bind for simony shall be void but as it be  plead by the condition it do not appear that there be any simony for such a  bind to cause he to resign may be good and upon good reason and discretion  require by the patron videlicet if he be nonresident or take a second benefice  by a qualification or the like and a precedent be show in Jones v lawrance a  where such a bind be make to resign a benefice upon request when the on of  Jones come to twentyfour year of age to the intent that be then may be present  to it and it be adjudge good in the king bench and affirm in a writ of error  in the exchequer Chamber and all the court be of this opinion whereupon  judgement be give for the plaintiff