case smith against smith Michaelmas term car roll No cost can be allow by  Henry c on judgement for the demandant in formedon affirm on error by the  tenant ante r vent lie ray and strange cro Elizabeth Com dig dougl term Rep  error of a judgement in formedon in remainder in the common plea where the  judgement be for the demandant and the judgement in this court affirm e James  in c b cro James hob Jones f in b r car latch Jones bridge godb Bendloe Winchs  entry croak car er p Whitfield sergeant move to have cost assess to the  defendant in the writ of error because this writ be bring before execution and  thereby the execution delay accord to the statute of Henry c but it be resolve  that forasmuch as there be no cost nor damage recover or allow in the first  action so that no execution be delay but only for the land no cost be  Allowable by that statute whereupon it be rule accord berte v man croak er  report date case William berte against man a covenant to procure another to be  present c to a benefice upon the next avoidance in consideration of marriage  be simoniacal and void cro Elizabeth cro James Bl Rep term Rep debt upon a  obligation condition for performance of covenant the defendant demand oyer of  the condition and plead performance the covenant be that Thomas berte son of  William berte shall espouse whether daughter of the say mat it snows and in  consideration of this marriage man covenant to pay l and William berte  covenant to assure such land to the say Thomas and whether for her jointure  and there be other covenant for the value thereof and quiet enjoyment and  among other man covenant that he will procure the say Thomas berte to be  present admit institute and induct into such a benefice upon the next  avoidance of the say church the breach assign be for not performance of the  say covenant of procure he to be admit institute c croak car and upon this  breach assign the defendant demurrer because this covenant be against law be a  simoniacal agreement and a bind for performance thereof be not good but all  the court hold that if it have appear to have be that in consideration of the  marriage of his son c he will procure he to be present admit institute and  induct into such a church that have be a simoniacal contract and have avoid  the obligation but here this covenant be not in consideration of the say  former covenant nor depend upon they but it be a mere distinct covenant by  itself and independent upon the former and without special averment or show  that it be a simoniacal contract it shall not be so intend but it may be a  covenant upon good consideration wherefore it be adjudge for the plaintiff  vide Ann c