cclxv sir henry Gilford case it be find upon a special verdict that Henry  Gilford citizen and freeman of London Feb e seize of a capital message devise  the same by these word law volunteers quod all men house return who to have in  villan de London to order assigne per executor meo ad sustentationem three  capellanor who pro vita celebrabu in church consecrated Pauli London et ad hoc  faciend do the dawn full power and make his executor William Staunton and  other and die the will be prove and enrol accord to the custom afterward the  executor by their deed bear date e grant and assign the say capital message  and his other tenement in London to the dean and chapter of Paul in London and  their successor habend tenant in form sequence haec be finalis Concordia c  that the dean and chapter shall have the say land for ever to find yearly a  competent sustenance of mark to a priest to celebrate mass for the say Henry  Gilford and all soul and that the say priest at all hour of divine obsequy  shall give his attendance in the say church and faithful do his office to say  mass and prayer accord to the degree and custom of the say church and that he  dean and chapter shall find bread and wine and massingcloaths and torchlight  and grant the residue of the profit of the land to celebrate a yearly obit and  for the perpetual security of the say chantry the say executor grant to the  mayor and commonalty of London S yearly rend for ever ita quod the mayor and  chamberlain for the time be present a meet and convenientchaplain to the say  chantry to the say dean and chapter within day after the avoidance the which  chaplain the dean and chapter be bind to admit and the form of the say  conveyance be such we the executor h g do grant and assign to the dean and  Leonard chapter of Paul all the land tenement and rend aforesaid to have and  to hold to they and their successor for the sustentation of a chaplain  perpetual and his clark for the say h g and all soul receive from the say dean  and chapter mark for the celebrate of the say obit of the say h g and that the  grant and assignment of the say S to the commonalty in the relief of the say  chantry be such sure to have and receive of one shop in Cheap maintenance of  the say chantry aforesaid and that the say dean and chapter oblige themselves  and their successor and the church to pay the same to the say priest and clark  and that it shall be lawful for the mayor and commonalty aforesaid to distrain  for the say rend by virtue of which will and indenture the dean and chapter  enter and be thereof seize in their demesne c and that at all time after they  have take the profit thereof until e and that the dean and chapter of the  profit of the premise have yearly pay mark for the stipend of the say priest  and further the July h the dean and chapter demise the same to f coal for year  and that afterward maii h the say dean and chapter lease the same to Nicholas  Wilford for year render rend with clause of distress if the rend be behind by  half a year be demand the lease shall be void which n W I e devise the same to  his wife who devise the same to though Wilford the defendant and further find  that as it appear by a exemplification out of the exchequer that it be a  chantry of h g and that though be then a chantry priest there and that the say  chantry with all the profit and obit be S d the ten of which be a mark which  be Payable to the king h and that by another exemplification in e it appear  that the dean and chapter of Paul certify to the commissioner of the say king  Cantaria h g a b executor will h Gilford by force of the say will e grant and  assign to the dean and chapter aforesaid and their successor the say land and  tenement to the intent that they shall maintain for ever a chaplain to pray  for the soul of the say h g and all soul and the incumbent of the say chantry  be one g and that the say executor grant to the mayor and commonalty of London  the rend of S out of a shop in Cheap with the patronage of the say chantry to  the intent that they shall maintain the chantry accord and recite all the say  land and rend assign and that the rend of they be S the salary of the priest S  d for bread and wine S d the chamberlain of London S be deduct and so there  remain S d and that the say Leonard er p chaplain receive above his wage  yearly by reason of the say obit other profit as procession penny and feed day  S d and find further the Act of e Leonard and further say that the church of  saint Paul at the time of the say Act be a cathedral church and the fee of the  bishop of London and that the profit and rend devise and ordain to the say  dean and chapter be in the say certificate of e and that the say land at the  time of the make of the say Act and for five year before be not in the actual  possession of the say king h nor e and that by force of the statute of I e the  say land come to the possession of the say king as chantry land and that the  say king grant it to though butcher in fee who bargain and sell the same to  dobson who thereof feoff Thoragill upon who the say Nicholas Wilford enter  claim his lease and further find that S parcel of the say rend of due at the  Feast of saint John baptist Elizabeth for the say capital message be arrear by  half a year after the say feast and be lawful demand by the say Richard  Thoragill and for not payment he reenter and let the same to though Buttell c  bell the executor by this devise have not a bare authority but a interest for  if one seize of land in fee devise that his executor grant a rentcharge to one  in fee out of his say land by that devise the executor have a feesimple in the  land otherwise they can not make such a grant so here in the case in question  and also by the same reason the executor have a feesimple in the land for  otherwise they can not grant a rend in fee nor the land to the dean and  chapter in fee by which the chaplain in perpetuity ought to be find and  although but one chantry be erect where three be intend but the land devise be  not sufficient for all three so that now by the erect of one chantry only the  executor perform the truth as near to the intent of the devisor as it can be  and as the land devise may extend unto it be not material if here be a  condition or a confidence in the word of the grant to the dean and chapter ad  to come upon c for if it be a condition and break no advantage shall be take  of it for it be out of the statute and if it be a confidence then it be  perform as near the intent of the devisor as it may be and the condition be  perform although not exact yet so near as it may be it be well enough perform  as a feoff upon condition that the feoff shall make a gift in tail to husband  and wife and the heir of the body of the husband the husband die now the gift  can be modus form and therefore if it be it may be sure as near the intent of  the party as it may be it be good and therefore if the land be give to the  wife for life without impeachment of waste the remainder over it be sufficient  in case of a trust and confidence it be move if here be any chantry in the  case and a chantry be nothing else but a sustentation for a priest that chant  in a place certain for the soul of the dead Leonard and chantry be in two sort  the one incorporate as by the king by his letter patent the other not  incorporate as our case be and true the great number of chantry be not  corporal but be chantry but in reputation and not in fact but yet such chantry  in reputation be within the statute which see by the word of it accept take or  repute as part or member of any chantry it have be object that nothing passes  to the king by that statute but that which be parcel or belong to the chantry  but this land be not parcel nor belong to any chantry for all the land be in  the dean and chapter as to that we ought to have regard unto the intent of the  devisor which be to make the land a chantry and so in the time of Henry it be  return in the exchequer for the firstfruits of the chantry of Henry Gilford  and we ought not to respect the conveyance it self which be make by the  executor to the dean and chapter but also the disposition of the devisor so as  both ought to be put together if they be not contrary one to the other and if  they be then the last shall be take and when the intent of the debtor may  stand with the act of the executor to construe that the land shall make the  chantry accord to the intent of the devisor for the executor have give all the  land to the dean and chapter to find a priest and thing belong to a chantry  and the executor have give the say land to the say intent and he assignment of  the special portion out of it be but a show how the profit of the land shall  he bestow for I conceive that the land at the time of the disposition  aforesaid be not of any better value than it be appoint to be employ as  aforesaid and if the dean and chapter by their industry have make and improve  it to a great value Leonard er p they shall take advantage thereof till it be  give to the king by the statute and it shall not be say proper a rend but  rather a portion of the profit c and therefore the land shall be say the  chantry and not the sum and here the intent of the statute extend to the  intent of the founder so that if the intent of the founder be to give the land  to superstitious use the same be within the statute if beneficiary and use  will that his feoff have the profit of his land ut above to the sustentation  of a chantry priest and the feoff employ but per annum whereas the land be of  the value of per annum by this statute the king shall have all for the intent  of the founder be that all shall be employ and so here for upon the matter the  dean and chapter be but as feoff and see that this statute of chantry make a  great difference between obit and light and chantry for in the case of obit  and light the king shall not have but that which be employ whetstone case be  that whetstone seize of the manor of Leonard cock make a feoff thereof to  certain feoff to find two obit in such a chapel and with the residue of the  profit to maintain the chapel and judgement be give for the queen here the  condition knit to the reversion upon a lease make by the dean and chapter to  Nicholas Wilford passes to the king by the Act of parliament for a condition  be a hereditament and when the king grant over the reversion to butcher the  condition also passes by h Bromley solicitor the statute extend to chantry in  existence only and not to chantry in reputation chantry have diverse  signification in law for the service which the chantry priest be to do as  cessavit de cantaria sometime for the advowson of the chantry sure quod to let  pass looks like ad cantariam sometime for the body of the chantry sure the  land of which it be endow and in that sense it be take by the statute I will  agree if the same have be a ancient chantry time out of mind c and the  incumbent thereof have take the profit and make lease of it that then it shall  be a chantry within this statute for it may be corporated by prescription but  the chantry here in question be not a chantry by prescription for the  beginning of it be know so it be a chantry in reputation only and not in facto  and he say that in that case the rend limit to the sustentation of the priest  shall go to the king and not to the land for the land be not give for the  sustentation of a priest but the rend only so as the land be not immediate  employ for the find of the priest and be resemble this case to the case late  in question upon the statute of h a abbot be seize of a great wood which be  never employ in kind to the use of the house be seven mile distant from the  house but be never in lease but be yearly sell by parcel and the uvoodward  render a account of the same to the auditor and the opinion be that a lease  for year make of it within a year before the dissolution be not within the say  statute for it be not immediate employ for hospitality but see the same report  by the Lord dyer to the contrary Elizabeth that such a demise be void although  that the wood be not immediate employ c and see also the word of the statute  sure that the land shall be in the actual possession of the king in as ample  manner as the priest have it and the priest have nothing in the land but only  in the rend it be adjourn to be further argue c Leonard temps roign Elizabeth