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73. The question before the Court of Equity was whether the plaintiff was entitled to the relief, Lord Selborne, L. Ch. considered the older authorities and summarised at page 282 as follows:--

"Their results may be thus stated: 1. Bonds or covenants founded on past cohabitation, whether adulterous, incestuous, or simply immoral, are valid in law, and not liable (unless there are other elements in the case) to be set aside in equity. 2. Such bonds or covenants, if given in consideration of future cohabitation, are void in law, and therefore, of course, also void in equity. 3. Relief cannot be given against any such 'bonds or covenants in equity if the illegal consideration appears on the face of the instrument. 4. If an illegal consideration does not appear on the face of the instrument, the objection of particeps criminis will not prevail against a bill of discovery in equity in aid of the defence to an action at law. 5. Under some (but not under all) circumstances, when the consideration is unlawful, and does not appear on the face of the instrument, relief may be given to a particeps criminis in equity,"