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2d of January 1781, that Mr. Ffytche presented his clerk, the Reverend John Eyre, to the Bishop for institution.

The Bishop being informed, that Mr. Eyre had given his patron a bond, in a large penalty, to resign the rectory at any time upon his request; and Mr. Eyre acknowledging that he had given such a bond, the Bishop refused to institute him to the living.

The defendant in error thereupon brought a writ of quare impedit, in the Court of Common Pleas, and in Easter term 1781, delivered a declaration, in which he stated, that one Thomas Ffytche, deceased, was seised of the advowson of the said church in gross by itself, as of fee and right, and being so seised, on the 24th April 1769, presented to the said church, then being vacant, Foote Gower, clerk, who on that presentation was admitted, instituted, and inducted into the same; and that the said Thomas Ffytche, on the 10th February 1777, died, seised of his said estate in the said advowson, upon whose death it descended to Elizabeth Ffytche, then and still the wife of the defendant in error, and daughter and only child of William Ffytche, deceased, the brother of the said Thomas Ffytche, as niece and heir at law of the said Thomas Ffytche, whereby the defendant in error, and Elizabeth his wife, in her right, became seised of the advowson of the said church in gross; and being so seised, on the 26th May 1780, the said church became vacant by the death of the said Foote Gower, and is yet vacant; by reason whereof it belonged, and now belongs to the defendant in error, in right of the said Elizabeth his wife, now living, to present a fit person to the said church; yet the plaintiff in error, the Bishop of London, hinders him from presenting a fit person to the said church, to his damage of £200.

To this declaration the Bishop pleaded two pleas; in the first of which he says, that the defendant in error ought not to have had or maintained his aforesaid action against him, because the said church of Woodham Walter is within his diocese of London, [212] and a benefice with cure of souls; and that the said church having so become vacant by the death of the said Foote Gower, as in the said declaration is mentioned, afterwards and whilst the same was and continued vacant, and before the making of the presentation after-mentioned, (to wit,) on the 2d day of January 1781, at Woodham Walter aforesaid, it was corruptly, simoniacally, and unlawfully, and against the form of the statute in that case made and provided, agreed by and between the defendant in error and one John Eyre, that he the defendant in error should present the said John Eyre, his clerk, to the said church so being vacant; and that the said John Eyre should in consideration thereof seal, and as his act and deed deliver, unto the defendant in error, a certain writing obligatory, whereby he the said John Eyre should become bound to the said defendant in the penal sum of £3000, with a condition thereunder written, that in case the said John Eyre should be admitted, instituted, and inducted into the said rectory and parish church, upon the presentation of the defendant in error, then if he the said John Eyre should and did at any time then after, upon the request of the said defendant, his heirs or assigns, absolutely resign the said rectory or parish church of Woodham Walter, into the hands of the Bishop of London for the time being, and should and did give notice of such resignation to the said defendant, his heirs or assigns, and also should and did procure such resignation to be accepted, so that the said rectory and parish church might thereby become vacant, and the said defendant in error, his heirs or assigns, be at liberty to present anew thereto, then that the said writing obligatory should be void; but if default should happen to be made in the performance of all or any of the matters aforesaid, should be and remain in full force and virtue; and that the said agreement being so made, the said defendant in error did afterwards, on the same day and year last aforesaid, at Woodham Walter aforesaid, in pursuance thereof, corruptly, simoniacally, and unlawfully, and against the form of the statute, etc. present the said John Eyre, his clerk, to the said Bishop, to be admitted, instituted, and inducted into the said rectory and parish church of Woodham Walter; and the said John Eyre did also, in pursuance of that agreement, afterwards, on the same day and year last aforesaid, at Woodham Walter aforesaid, corruptly, simoniacally, and unlawfully, and against the form of the statute, etc. seal, and, as his act and deed, deliver to the defendant in error, a certain writing obligatory of him the said John Eyre, whereby he the said John Eyre did become bound to the said defendant in the said penal sum of £3000, and with such condition thereunder written for making