case lancelot against allen Trinity term car roll the citizen of London may by  virtue of the custom confirm by the charter of Edward the three grant land in  mortmain without licence from the crown post Hern S C Jones   Priv land Inst a  devise of land to find a priest with a salary of five pound ayear and the  remainder to be employ towards the repair of the church be within the statute  of Henry c and Edward c and give to the king for the superstitious use be  certain but the charitable use uncertain post more   godb dyer roll Rep vern  latch shall trespass for enter into a house in saint olaf hartstreet upon not  guilty plead a special verdict be find that one Cromer be seize in fee of a  house in saint Swithin and of diverse house in saint olaf in London where the  custom be also find that every citizen or freeman may devise his land in  mortmain devise the tenement in saint Swithin to the parson of saint Martin  orgar and his successor to find annual one to sing mass in the church of saint  orgar every day and that there shall be pay to he ten mark by the year and he  devise his house in saint olaf whereof the land in question be parcel to his  wife for life to find a anniversary and to expend thereupon diverse sum amount  to S d and after her death to the say parson and his successor find the say  anniversary and further appoint to the churchwarden S d for their pain to see  it observe et quod superfueri over and above the say charge he will shall  remain in the hand of the churchwarden of saint Martin orgar ad manutenendum  chaplain prediction et ad to free from faults et to get again dictam church de  saint Martin orgar et equipment the same church secundum the dawn separation  croak car proviso always quod si to touch predict land et property in saint  Swithin in to some place grammatical case before those inferior in rank valor  how ten narcis per quod chaplain prediction ut prediction be to come upon non  to be able tunc volunteers quod totum quod de prediction one year old summa de  ten narcis to have et to lift up non to be able to have et levare de adj  property to say before in saint olaf by the say parson and his successor ad  opus et sustentationem speech chaplaincy in continuous and they find that the  tenement in saint Swithin at the time of the will make and before be but of  the yearly value of S and the tenement in saint olaf at the time of the will  and always after until the time of the statute of Edward c a be of the value  of l S per annum and that the priest and the say other use be employ and  maintain until the make of the say statute of I Edward c and that the  plaintiff claim as lessee of the parson and the defendant claim under the  patentee of the king the question be whether the parson of saint Martin orgar  have title to those tenement of saint olaf a   cro Elizabeth croak car er p  and after argument at the bar it be hold by all the court that if this proviso  have not be add the land have be clear give to the king by the statute of I  Edward c as land give for the maintenance of a priest for the clause for those  land of saint olaf be limit quod superfueri after the anniversary maintain  shall be ad manutenendum chaplain prediction et to get again church et  equipment the same church the superstitious use be certain and the good use  videlicet ad to get again church et equipment the same church uncertain the  superstitious use certain shall cause that all shall be give to the king but  Richardson chief justice Jones and Whitlock conceive that by the proviso it  appear it be his intent the priest shall have but ten mark and what be want in  the value thereof shall be supply out of the tenement of saint olaf so that  nothing be give to the priest but the ten mark therefore the house in saint  olaf be not give to the king but I doubt thereof conceive all to be give to  the king for the proviso do not alter it for in the first clause all the  profit of those house after the anniversary pay be give for the maintenance of  a priest indefinite and to the reparation of the church c and the proviso do  not abridge it for that appoint what be want in saint Swithin shall be make up  out of saint olaf and so to pay the ten mark first appoint so as be shall have  the say ten mark de certainly out of both the say tenement in saint Swithin  and saint olaf but that do not take away the clause that the residue of the  profit of the tenement in saint olaf shall be to the parson ad sustentationem  speech chaplaincy and of this opinion be hide chief justice when be live but  it be move again in sir Thomas Richardson time be agree with Jones and  Whitlock in their opinion it be adjudge for the plaintiff that these house be  not give to the king croak car easter term car in the king Bencb sir Thomas  Richardson Knt chief justice sir William Jones Knt sir James Whitlock Knt sir  George croak Knt justice William Noy Esq attorney general sir Richard Sheldon  Knt solicitor general