case HUMPHRYS against knight Trinity term car roll a freeman and citizen of  London may by the custom of the city devise land in mortmain without licence  ante post S C Jones Priv land   light land devise to the parson and  churchwarden of a parish and that they shall pay l ayear out of the profit to  find a priest and the residue to be employ in the croak car er p repair of the  church be give to the king by the statute against superstitious use ante   a  vern more latch roll Rep Com dig use m ejectment upon a special verdict and  not guilty plead the case appear to be Robert Coldham citizen and freeman of  London be former seize in fee of six message in the parish of saint mary  Magdalen devise those tenement by his will in write Henry to the parson and  churchwarden of the parish of saint mary Magdalen and their successor to the  intent and purpose follow videlicet that the churchwarden of the say parish  shall receive the profit of the say tenement and that ten mark yearly of the  profit shall find a chaplain for ever to sing every day at the altar of the  say church and to pray for the soul of he and his ancestor I and to find a  anniversary there and to expend thereupon thirteen shilling and fourpence  yearly and the residue of the profit thereof to be employ about the reparation  and church and they find the custom of London that the parson and churchwarden  be a corporation to purchase to the use of their church and that a freeman and  citizen of London may devise land in mortmain and they far find that ever  since the say will the say ten mark per annum be employ accord for the find of  a chaplain and the S d per annum for the maintenance of a anniversary until  the make of the statute of Edward c and that a quitrent of S per annum be  issue out of the say tenement at the time of the will and statute and pay to  the king and that the tenement devise at the time of the will and until the  say statute be of the annual value of l S and no more yearly that the land be  seize into the hand of king Edward the six and by he grant away to I S under  who the defendant claim and under the parson and churchwarden the plaintiff  claim as lessee the sole question be whether these tenement be give by the say  statute to the king and it be resolve that these land be give to the king  croak car Grimston object that the land be not give for the maintenance of a  priest but only a certain sum of l S d yearly for the land be appoint foe the  reparation of the church with the residue of the profit thereof it be a good  use shall save the land yet the court after argument at the bar hold that  forasmuch as it be but the residue si quid to be which be uncertain if any  shall be or no and it appear by the verdict that the land be charge with a  quitrent of S yearly and the superstitious use amount to l S d and that at the  time of the will and until the statute the land be value but at l S yearly and  no more and that the profit employ with the quitrent appear to amount to l S d  which be S d more than the land yearly yield and so no residue therefore to be  within the word and intent of the statute that be to say the first and three  branch and that the principal cause of this gift be the maintain of a priest  and a anniversary and wherewith and whereby a priest and a anniversary be  maintain a and although it have be object there may be improvement expect of  the house there be six house it be thereto answer that be not to be intend for  the value be to be regard as it be at the time of the will make at least as it  be at the time of the make of the statute of I Edward c and a great value  shall not be expect and if it be of a great value after it be not considerable  for it be to be respect as it be at the time of the statute make as Edward  voucher Henry pl vouchee shall not render in value more than it be at the time  of the warranty and the value of the land be to be respect as it be ultra  reprisas and the case of drake v hill adjudge car in the common plea be cite  that the eight pound value of a church shall be accord as it be value in the  valuation of the benefice and not accord to the true value as it be upon  improvement although diversity of opinion have be therein before for the  statute intend as it a see for this   Adam and Lambert case croak car er p be  value in the ancient book of firstfruits and ten which be tax Edward l and  after when another valuation be make Henry then accord to that valuation  wherefore this land be charge with a quitrent of S the residue not amount to  the value appoint for the superstitious use it be adjudge for the defendant  vide Edward pl Edward pl Henry dower