Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/296

 280 thereupon preented at any future time to the living, is direct and palpable imony. But, 3. It is held that for a father to purchae uch a preentation, in order to provide for his on, is not imony: for the on is not concerned in the bargain, and the father is by nature bound to make a proviion for him. 4. That if a imoniacal contract be made with the patron, the clerk not being privy thereto, the preentation for that turn hall indeed devolve to the crown, as a punihment of the guilty patron; but the clerk, who is innocent, does not incur any diability or forfeiture. 5. That bonds given to pay money to charitable ues, on receiving a preentation to a living, are not imoniacal, provided the patron or his relations be not benefited thereby ; for this is no corrupt conideration, moving to the patron. 6. That bonds of reignation, in cae of non-reidence or taking any other living, are not imoniacal ; there being no corrupt conideration herein, but uch only as is for the good of the public. So alo bonds to reign, when the patron's on comes to canonical age, are legal; upon the reaon before given, that the father is bound to provide for his on. 7. Latly, general bonds to reign at the patron's requet are held to be legal : for they may poibly be given for one of the legal coniderations before-mentioned; and where there is a poibility that a tranaction may be fair, the law will not uppoe it iniquitous without proof. But, if the party can prove the contract to have been a corrupt one, uch proof will be admitted, in order to hew the bond imoniacal, and therefore void. Neither will the patron be uffered to make an ill ue of uch a general bond of reignation; as by extorting a compoition for tithes, procuring an annuity for his relation, or by demanding a reignation wantonly and without good caue, uch as is approved by the law; as, for the benefit of his own on, or on account of non-reidence, plurality of livings, or gros immorality in the incumbent. Rh