Page:The English Reports v1 1900.pdf/910

void the same, as above mentioned to have been in that behalf agreed upon by and between the said John Eyre and the said defendant, and which said writing obligatory, with such condition thereunder written as aforesaid, the defendant in error then and there corruptly, simoniacally, unlawfully, and against the form of the statute, etc. accepted of and from the said John Eyre, by means of which said [213] premises, and by force of the statute, the said presentation of the said John Eyre by the said defendant, so made as aforesaid, became, and was, and is altogether void in law; and the said plaintiff in error, by reason thereof, did not, nor could, admit, institute, or induct, nor by law ought to have admitted, instituted, or inducted, nor yet by law ought to admit, institute, or induct, the said John Eyre into the said church, upon or by virtue of that presentation. And in the second plea says, that the defendant in error ought not to have or maintain his aforesaid action against him, because that the said church of Woodham Walter is within his diocese of London, and that he hath not, nor claims to have any thing in the same church, or in the advowson thereof, but the admission, institution, and induction of persons to that church, and what else to him does of right belong and appertain, as being the ordinary of that church; and that the said church is a benefice with cure of souls, and that the same having so become vacant by the death of the said Foote Gower, as in the declaration is mentioned, afterwards, and whilst the same was and continued so vacant, (to wit,) on the said 2d day of January 1781, it was for the purpose of investing the defendant in error with an undue influence, power, and controul over the said John Eyre, as rector of the said rectory and parish church of Woodham Walter, in case the said John Eyre should, upon such presentation to be made by him the said defendant, as after-mentioned, be admitted, instituted, and inducted into the same, agreed by and between the defendant in error and the said John Eyre, that he the said defendant should present the said John Eyre, his clerk, to that church being so vacant as aforesaid, and that the said John Eyre should, in consideration of such presentation, seal, and as his act and deed, deliver to the said defendant in error, a certain writing obligatory, whereby the said John Eyre should become bound to the said defendant in the penal sum of £3000, with a condition thereunder written. (Here follows a recital of the same condition as has been set forth in the former plea.) And that the said agreement being so made as aforesaid, the defendant in error did afterwards, on the same day and year last aforesaid, at Woodham Walter aforesaid, in pursuance of that agreement, 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 that the said John Eyre did also, in pursuance of that agreement afterwards, on the same day and year last aforesaid, at Woodham Walter aforesaid, 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 became bound to the said defendant in the said penal sum of £3000, and with such very condition thereunder written, for making void the same, as above-mentioned to have been in that behalf particularly agreed upon by and between the said John Eyre and the said defendant, and which said writing obligatory, with such condition thereunder written as aforesaid, the defendant in error then and there [214] accepted of and from the said John Eyre. And that upon such presentation of the said John Eyre to him the plaintiff in error for the purpose aforesaid made, the said plaintiff did then and there, as ordinary of the said church, duly inquire concerning the fitness of the said John Eyre to be by him admitted, instituted, and inducted into the said rectory and parish church; and that upon such inquiry in that behalf made, the plaintiff in error did fully discover and find out, that the said John Eyre had sealed, and as his act and deed delivered to the defendant in error, such writing obligatory as aforesaid, made in such penal sum, and with such condition thereunder written, for making void the same as above-mentioned; and that by means thereof, the defendant in error would have acquired and had an undue influence, power, and controul over the said John Eyre, as rector of the rectory and parish church of Woodham Walter aforesaid, if the plaintiff in error had upon such presentation admitted, instituted, and inducted the said John Eyre into the rectory and parish church of Woodham Walter aforesaid, and by reason of the premises, the said John Eyre then and there became, and was an unfit person to be by the plaintiff in error admitted, instituted, and inducted into the said rectory and parish church of Woodham Walter, upon or by virtue of that presentation;