coke Report104b Adam and Lambert case mich Elizabeth in the king bench if a  devise be make to any of the devisor kindred on condition to procure the  performance of superstitious use within the stat I Edward g c although the  devisor have limit certain sum of money to those use yet the land be give to  the king by the say statute and no other consideration shall be suppose but  that the intention of the devisor be to advance such use unless some other  consideration be declare and resolve the person be he of blood or not single  or corporate or politic to who the land be devise be not to be respect land  give in tail or for life for superstitious use be within the statute as well  as estate in fee or for year which alone be mention a devise of the land not  to the intent to find a priest but upon condition to find he be within the Act  all the land be give to the king by the three branch of the Act I Edward c  chantry if there be colour of a good foundation though it be defective be give  to the king by the first clause of stat I Edward c otherwise of chantry by  reputation without colour of a legal foundation without the second clause of  the say Act nothing but the scite of the chantry c will have be give to the  king and the second clause show that they ought to be incorporation in law or  by reputation as aforesaid or otherwise land c can not belong to they the  three branch extend to case where land be give to find a priest without any  foundation or incorporation reason and cause of these resolution reduce to six  difference saint difference if land of per and be give to find a priest and  that the priest shall have for his salary the king shall have the land but if  the give to the intent that the feoff pay to a priest only the be give to the  king and difference if land of per and be give to find a priest and that he  shall have only per and and the rest shall be for the poor the king shall have  but the and not the land otherwise if it have not be give to find a priest and  for the maintenance of the poor rd difference when the priest have a certain  salary and beside that a good use be limit the king shall not have all but if  land be give to any prohibit superstitious use without any limitation in  certainty for find it all be give to the king that difference difference take  between a sole priest to pray for soul within the three branch and a  stipendiary priest within the four branch that difference when a certain sum  be limit to a priest and diverse other use be also limit which be not prohibit  yet if they depend upon the superstitious use all be give to the king that  difference where all the use be superstitious in whatever manner they be limit  the land be give to the king it be agree that if the devisor have express or  impliedly limit that the devisee for the advancement of his blood shall have  the residue of the profit the king shall have but the rend SC more in ejection  strong in the king bench between Adam and Lambert a which begin hill Elizabeth  rot of land in Buckingham within the county of buck a Lord Ellesmere in his  observation on coke report p remark where in his epistle to his seven book he  Lord coke will make man believe that in all his report he have avoid obscurity  and novelty for that to use his own word he ever hold all new or private  interpretation or opinion which have no ground or warrant out of the reason or  rule of our book or former precedent to be dangerous and not worthy of any  observation yet who so do read Adam and Lambert case coke report a er p upon  not guilty plead the jury give a special verdict to this effect John Barton be  seize of the say land in fee and make a feoff in fee to perform his will and  afterward by his will in write devise the say land to John Barton his young  brother for his life sub creating following videlicet quod idem Johannes  durante vita svan to come upon One chaplain pro anima speech John Barton older  man et another ecelesia consecrated Petri in villan de buck daily celebrator  et to cause to revolve quod pillage John frater swine annuatin durante vita  svan to unravel speech chaplain in pillage church pro sustenat svan l S d de  exit et prove tenementor pillage et insuper to cause to revolve quod dict john  frater swine durante vita svan to come upon in will pillage poor man man sive  faemin ad orand pro anima svan et to another place in will pillage nominate  one a day imperpetuum et quod dart where you will soldiers durante vita svan  who Self pauper d et etian who Self mansion prout a god to place here and  there pro the dawn to put et to order ac etian quod idem john frater suit  totan vita svan to come upon One lampad ardent one a day et night in person  saint Romwaldo in church pillage prout modus invention be et support et quod  idem john frater swine durante vita svan to hold seu tender to make  anniversary suum in church pillage in quo indeed anniversary to come upon idem  john frater swine annuatin duos wax light night ad dirige et die following ad  miss One scilicet ad caput et one ad pedes burial dict known on good evidence  burning whithersoever you please wax light to weigh tres lib who funeral  procession finish coke Report105a to cause to revolve quod totum id quod  speech wax light resid to be dimitat et reman altar S James in church pillage  super candelabrum ibidem existen chaplain cantar of oneself pillage one a day  festivis ad miss Interrog  to make hard to be able serve et quod idem john  frater swine totan vita svan durante to come upon annua One torcher competen  ad altar pillage serve et to cause to revolve quod in all respects pillage  tenement post death pillage john brother Himself integre to stay behind Marg  et isab sister nest ad vine earun et earun of one another still further viven  sub condition quod eaden m et l earun vita durant to make perimpleri et to  watch in all respects load superius bound in form pillage et post death  pillage Marg et isab to cause to revolve quod in all respects pillage tenement  to stay behind W foul tenant Himself et heir de corpore his legitime procreate  sub condition quod Self observant in all respects et one load superscript in  form antedict imperpet et si to touch pillage W foul without heir de corpore  his legitime procreate to go tune in all respects et sing pillage tenem  integre reman john Somerton kinsman his et heir de corp his legitime exeun sub  condition quod Self in all respects et one load suprascript in form pillage  perimpleant et observant imperpet et si Self john Somerton without heir de  corpore his legit exeun to go to touch quod extunc in all respects pillage  property integre reman W Purfrey et heir nest de corpore his legit exeun sub  claim redress quod idem will et heir Himself to make perimpleant et observant  in all respects et one load in form pillage imperpet to stay behind pro defect  hujusmodi exit instructress house S though martyr de pointed stones London pro  and extunc neighbor sequen et plenar PostCommunion et post term ill limit  regnan instructress hospital S Barth London et success nest pro and extunc  neighbor sequen et plenar PostCommunion who the dawn sub claim redress quod  who the dawn instructress et success of oneself durante eastern term to make  et perimpleant in all respects et one load above bound in form say in addition  to et si contingent pillage john brother suum durante vita svan in perficiend  load say in addition to to withdraw seu ill non perimplere or in all respects  prediction tenement durante vita svan non competent to hold up et to get again  seu she or aliquan parcel earund to make strange sive ad little valour she to  send different ways in prejudge the a mask in remaner say in addition to  nominate quod extunc bene to be for sale say beforehand advance Marg et isab  impraed property cum reach to go into et she to hold back ut in remain his  pillage without contradict alicuj et quod extunc status pillage john brother  Himself entirely be remiss et no one sit valor and the like condition or  limitation of forfeiture be annex to all the remainder in the same will and if  all in remainder forfeit the say land to remain to the say John baston the  testator and to his heir for ever supportandum c et because haec of me will  pro good air father et matris an umbelliferous plant anima etian of me  animabusque brother sister parent et benefactor an umbelliferous plant to give  out to be et ordinatus to ask et load pillage brother meum prout shall run  into a wood or thicket out of which he shall not easy wind himself he have so  darken the case by many intricate difference whereof the court that argue the  same do never dream for the law respect superstitious and charitable use with  touch vin ab mortmain Com dig use m n c Com dig Vol VIII p that edit Bac ab  charitable use Fonbl et seq Evans stat part class Vol I p d edit and note  there note VI c to porter case Vol I p coke report b er p pro I et see volveri  to answer coke Report105b quod ipse totan vita svan carefully supervideat  gubernation cantar say in addition to et quod in all respects entitled et in  haec of me ultima will declare known inviolable perimpleant et to retain et  quod notice fac omnib haec who in reman pillage position to have in speech  property ut Self understand tenor et effect will et ultimae I will et  volunteers quod feoffati urinate detenement cum nest pertinent quod urinate  poor man man modus inhabitant pro eastern quod non be divisible facient ankle  position post death of me omnibus strike against supranominat prout to have ex  meo legato de et in property in buck predict ad use pillage poor man ibidem  habitan supportand restoration that tenementi pillage pauper how often  indegerit et because doubt ne tenement suprad to put under ad supportand in  all respects pillage load causan increase custos separation the same  volunteers quod feoffati urinate statin post death of me facient ankle  position omnibus strike against supranominatis de omnibus strike against  terris et property meis in vi11is de Bourton Moreton Gavecot she prebend  Lembergh Thornborough Hillesden Waterstratford Shaldeston et Foycote in come  buck ac de omnibus strike against terris et property meis in Worton in come  oxoniae ac de to make one tenement meo in villan oxoniae in who feoffati to  stand out prout to have ex meo legato de et in property de buck proud ita quod  sufficient in all respects load pillage to be able to hold up et etian pro  labour ind reasonably to take wholly et to hold fast and this case be several  time argue at the bar and afterward it be open argue in court by Yelverton and  Fenner justice in one day and by gawdy and Popham chief justice in another and  in this case which extend to all the part in effect of the body of the statute  of e cap these point be resolve although in this case the land be devise to  his brother for life the remainder to his sister c between who as be object be  apparent consideration of nature and blood and posterity in reasonable manner  and although the devisor have limit what sum shall be employ upon the chaplain  obit c by which his intent as it be object appear to advance they of his blood  to who he have devise the land with the residue of the profit which remain and  whereof no certain disposition be make by he that by the law the land be  devise to they they shall take the surplusage of the profit of which no  disposition be make to their own use and the apparent consideration of  advancement of his blood express his intent that after the divine service as  it be then think be perform those of his blood shall be maintain and relieve  with the residue wherefore his blood shall have the land and the chaplain c  shall have pension and so in respect of the person the land be not give to the  king yet it be resolve that wife son daughter sister cousin and other coke  Report106a dear friend be person within this Act for if man as well in their  life as by their testament after their death use to put and repose confidence  in their kindred and dear friend for their temporal good a much strong when  they intend to dispose of their temporal possession for the health of their  soul as it be then think they will convey they to those in who they have the  great confidence and in these case of divine service concern the health of the  soul it shall not be intend any advancement or preferment of his blood or any  other earthly consideration unless it be so declare by express word but all  shall be intend for the advancement and continuance of the intent and purpose  express know divine service as thing without all comparison most worthy and  excellent and he who betray such trust the divine service be accord to the law  of God be by many degree a great offender than he who do not perform trust or  confidence concern temporal thing for he who rob his friend commit felony and  he who rob poor man of their live be a great thief by the law of God for  parish poor man vita poor man et who defraudit eos man blood be but though he  who take away any thing that be give for the divine and true service of God be  temple defiler et all robber enthusiasm et crime overcome and although it  appear by the preamble of the Act that the devise and phantasing of vain  opinion of purgatory and mass satisfactory to be celebrate for those who be  dead be great cause of superstition and error in the Christian religion c yet  forasmuch as the devisor and devisees in the case at bar be as they be teach  persuade that it be for divine service and the health of soul it shall be  intend that their intention be to advance such use and not the private  advantage of the devisees and therefore it be resolve that the person be of  blood or not single or corporate or politic to who the land be devise or  convey be not to be respect but all be one within the purview of this Act and  this be resolve as to the coke report b er p person of the devisees feoff c  within this Act although it be object that forasmuch as the land be devise for  life the remainder in tail and a reversion of the fee expectant to the heir of  the devisor be not devise and the letter of the Act be to the find of any  priest to have continuance for ever upon which it be say that a estate for  life and a estate tail which be estate limit and determinable be not within  the letter or intention of this Act et eastern rather because the maker of the  Act by the first branch have provide when a priest be appoint to be find for  ever and by another branch subsequent when he be to be find for year coke  Report106b by which special and precise enumeration of these two case the  maker of the Act intend to exclude estate in tail and estate for life so that  estate in tail and for life are casus remiss as it be say yet it be resolve  that estate in tail and estate for life also be include by equity and meaning  within the former branch for the intent and meaning of the Act as appear by  the preamble be to extirpate out of man mind these superstitious error and to  take they utter away in what manner or for what time they be give and not to  take they away only which be appoint to have continuance for ever and leave  those to have essence which be determinable or limit for a time and forasmuch  as the statute by express word abrogate and take away all such superstitious  use which be to have continuance for ever by equity and good construction it  extend to every less time whatsoever also it be say that the statute say by  any manner of assurance conveyance c for ever and by common possibility a  estate tail may continue for ever also in this case at bar the intent of the  devisor be as appear by his will that the priest shall be find for ever for he  appoint also his right heir to find he and if such construction shall not be  make the mischief intend to be remedy by the Act will remain against the  intent and meaning of the Act and in the clause of obit the word be to have  continuance for ever and yet it be agree in the case of Winchester that a obit  be appoint to be find for eight year be include within the equity of the Act  so ib be resolve Elizabeth in the dean of saint Paul case that a college or  chantry in reputation although it want sufficient foundation and incorporation  in law be give to the king by the say Act and the reason be because the intent  of the maker of the Act be to take away all superstition out of man mind and  not to suffer any to have continuance and superstition be maintain as well in  reputative chantry as in other and yet it be not within the letter of the Act  for in judgement of law it be no college nor chantry for pondering over be  usual opinion where non be veritas and this be resolve as to estate devise to  superstitious use within the purview of this statute where it be object that  this devise of the land be not to the intent to find a chantry or stipendiary  priest or to the find of a priest as the statute speak but be upon condition  to find he so that if the priest shall not be find the estate shall cease and  the three branch of the Act coke Report107a do not speak of any estate  conditional but only where the priest be to be find for ever and therefore a  estate conditional shall be out of the purview of the Act but it be answer and  resolve that it be within the say Act for when the land be devise upon  condition to find a priest without question this land be devise to the find of  a priest c as the statute speak and it be a strong case where it be devise  upon condition than where it be devise to the intent or for the find of a  priest for the condition be more compulsory and penal for the maintenance of  thing prohibit by the law notam reader there be one proviso versus that which  divides right of way for cattle by which be provide that it shall not be  lawful for any person by reason of any reversion use or condition to enter or  claim any land for not find of any priest or poor man obit anniversary light  or lamp after the say Act to be find or do by which it appear by the judgement  of the whole parliament that land give upon condition or other determination  and all estate whereof there be reversion expectant be they estate tail for  life or any other particular estate be within the Act and thiswas resolve for  the manner of conveyance or assurance of land to superstitious use within this  Act it be duke   b   a die pl Leon goldb jenk cent roll Rep postea a coke  report b er p resolve that all the land in this case be give to the king by  the say Act which be the principal point of the case and of great consequence  and that for diverse reason for the better understanding of which five of the  first branch of the Act be to be consider be give to the king all manner of  college free chapel and chantry c all manor land tenement c belong to they or  any of they all manor land tenement c by any mean assurance conveyancer c give  assign limit or appoint to the find of any priest to have continuance for ever  and wherewith or whereby any priest be sustain maintain or find within five  year c and also all annual rend profit and emolument at any time within five  year c employ pay or bestow towards or for the maintenance or find of any  stipendiary priest for ever shall be in the actual and real possession of the  king c in as large and ample manner and form as the priest warden master  minister governor or other incumbent of they within five year c have occupy or  enjoy the same and as though the college free chapel chantry stipend salary of  priest and the say minor land c be in this Act special particular and certain  rehearse name and express by express word c and the consideration of every of  these clause be requisite for coke Report107b the decide of this point for the  true exposition of one of they serve very well for the good understanding of  the other as to the first clause it be resolve that some of the college  chantry c which be not lawful find but be only in reputation be give to the  king by the say Act and some not and therefore this difference be agree that  where the college chantry c have such beginning which may have make a lawful  foundation but for error or imperfection in the pen or proceed of it be not in  judgement of law lawful find such college or chantry be give to the king by  the say Act but when there be a college or chantry only in vulgar a reputation  without any commencement or countenance of a lawful foundation or erect by  such mean which can make a lawful foundation there such college or chantry be  not give to the king by this Act notam reader the rule be quod b pondering  over be usual opinion where non be veritas et usual opinion be duplex know  opinion usual birth inter grave et to separate et who face reality to have b  et opinion so much birth inter leves et usual man without specie reality and  accord to this distinction it have be adjudge and resolve by all the justice  upon this first branch of this Act and therefore hill and e dyer which be  immediate after the make of the say Act the case be c that pope Urban at the  request of Ralph baron of Greystock find a college of a master and six priest  resident at Greystock and assign to each of the priest five mark per annum  beside their bed and chamber and the master per annum and it be certify into  the book of firstfruits and ten rector et obtain de Greyst that this college  be in be within five year before the say Act and it be resolve by the justice  that this reputative college be not give to the king by the say Act of e  because it want a lawful beginning and the countenance also of a lawful  commencement for the d pope can find or incorporate a college within this  realm nor assign nor licence other to assign temporal live to it but it ought  to be do by the king himself and by no other nomen non be sufficient si res  non fit de jure or de facto and it be as much as if one of his own head have  erect and find a chantry without licence or authority derive from the king but  mich Elizabeth dyer e where the case be that king e year of his reign by his  letter patent under the great sea grant to Thomas beal then bishop of saint  David and his successor a cro James roll Rep light Rep b before b Inst b  common opinion be evidence of what the law be not where it be a opinion mere  speculative and theoretical float in the mind of person but where it have be  make the ground work and substratum of practice Isherwood v Oldknow m and S c  d pl dyer pl style light Rep   b d   Cawdrys case e more   b die pl hob palm  roll coke report a er p the advowson of thirtyfour church in Wales within his  diocese to hold of the king and his successor so that the bishop and his  successor may appropriate they or any of they to their church of saint David  coke Report108a and Aberguelley or make and annex prebend of they in the say  church of saint David and Aberguelley as to they shall seem most convenient  and three year after the bishop by the king assent as the bishop in his  instrument affirm of the chapter of saint David erect and establish a college  or church collegiate et quidquid celebrator college to demand origination svan  supplevi in Landwybrevy be one of the thirtyfour church and ordain thirteen  canon secular there know five priest four deacon and four subdeacons and make  they prebend and prebendary and annex and appropriate thirteen of the say  church to they c and reserve to the bishop of himself and his successor as  dean locum in choir et voice in little head and also visitation and correction  c in which the bishop do not pursue the authority and power give he by the say  letter patent for by they no power be give he to find such college and  afterward king Edward by his letter patent recite the say foundation and  erection of the say college and all other the premise with some doubt of the  validity of it by his say letter patent grant and confirm to the then bishop  of saint Davids and his successor all that which his say predecessor have do  in the premise the statute of mortmain or any statute notwithstanding and  notwithstanding the say college be erect or find and the appropriation make  without the king licence which grant and confirmation be make to the bishop  and his successor can not make the say college which want lawful erection and  foundation good in law and yet by those pretence the say college of a  Landwybrevy continue a college in reputation till I e and it be resolve by the  justice of both bench that this college be give to the king by the say Act of  I e because this college have the countenance of the king letter patent  although they for the cause aforesaid be not of effect and the statute say all  and all manner of college c and such reputative college be within the say Act  and power be give to commissioner by the say Act to establish a vicar in every  college which be a church parochial and so upon this difference concern  reputation it be resolve in the case of the dean of saint Paul pasch Elizabeth  between Burton and Wilford by Wray chief justice sir Thomas gawdy et totan  curian of king bench which case be for other point short touch in Elizabeth  dyer and so in this case at bar it be resolve although the devisor call it his  chantry twice in his will as appear before for be will that the devisee shall  find two taper burn at his anniversary and that which remain the chaplain of  his say chantry shall have and afterward be charge the devisee to oversee the  government of his say chantry coke Report108b and that it be common call  Barton chantry yet because it have not any commencement or countenance of a  commencement of a erection or foundation of a chantry these land be not give  to the king by the first branch of this statute also although in the proper  word of the law a chantry may consist of a priest sing for soul whence he be  call a chantry priest without any incorporation as appear by f n b b l and the  register that if a man give land to a religious house or other to find a  chaplain sing divine service if he cease for two year the lord shall have  cessavit pro cantaria and the writ shall say ad to come upon a certain theory  pro animab he that goes before c of a god celebrant so in the statute of W a c  such find of a chantry priest be call a chantry for there it be say et si fort  property such datum pro cantaria windowshutter c and yet it be not any  corporation of a chantry although in ass where a man devise land to h c and  his heir to find yearly twelve mark to two chaplain to pray for soul these be  call chantry land by knevet chief justice b ass yet within this first branch  such chantry be only intend when the chantry be lawful incorporate or at least  have a hob ante b dyer pl Leon c Goldsb   b   a jenk cent b more a f n b l b  more coke report a er p the countenance or beginning of a corporation and that  for diverse reason as after appear and so it be resolve what manner of chantry  college c be give to the king by this Act and what not as to the second clause  it be resolve that those word be necessary to be add for otherwise by the gift  of the college chantry or free chapel nothing will be give to the king but the  scite of the college or chantry or free chapel as be agree Elizabeth dyer c b  and ass second this second branch explain that they ought to be incorporation  in law or in reputation as be aforesaid or otherwise land c can not belong to  they and when land be devise to certain person as in the case at bar to find a  chaplain the land do not belong to the chaplain but to the devisees and here  the chaplain have but a pension and the devisees have the land as to the three  branch it be resolve that as the first branch extend only to college and  chantry which be of some manner of incorporation or foundation as be aforesaid  so this three branch extend to case where land be give to find a priest  without any foundation or incorporation but it be object that in the case at  bar in respect of the certainty of the sum appoint to the priest that it be  out of this three branch and within coke Report109a the four and five branch  for the three branch as be object extend only when the land be give limit or  appoint to the find of a priest to have continuance for ever but in the case  at bar nothing be limit or appoint to the priest but a certain stipend of S d  pro sustentation svan and therefore it be say of land of the value of per  annum be give to find a priest and that the priest out of the issue and profit  of the land shall have for his sustentation it be say this case be out of this  three branch and within the express letter of the four branch for here be the  yearly sum of ten pound which be yearly profit within five year employ for the  maintenance and find of a stipendiary priest for ever and in the case at bar  he be but a stipendiary priest because his stipend be certain but if land of  the value of per annum be give to find a priest without any limitation in  certain and the feoff employ in certain upon he yet it be there agree that all  the land be give to the king because the gift be direct within the three  branch and not within the four for the incertainty it be likewise object that  the five clause do great enforce this case for thereby it appear that all that  which the priest have the king shall have in as large and ample a manner and  form as the priest at any time within five year c have occupy and enjoy the  same and in this case the priest within the five year nor any time before have  not by the limitation aforesaid nor can have above the sum of S d and to prove  their pretence the case of the dean of Paul Elizabeth foe t be cite where the  case be that the executor of a b accord to the will of their testator year  Elizabeth assign and convey land and tenement to the value of per annum to the  dean and chapter of saint Paul to find a competent sustentation yearly of ten  mark sterling for a priest and his clerk to sing mass every day for the  testator soul and all Christian soul in the church of saint Paul and the say  dean and chapter ought to find bread wine and candle and all other ornament  for divine service and all the other profit of the premise by the executor be  assign to be employ for the yearly obit for the say testator in the say church  the priest be maintain within the five year and have S d per annum but the  obit be not keep within the five year and it be resolve by the justice of both  bench and the baron of the exchequer that the queen shall not have more than  the S d and that for two reason because the land be not belong to any chantry  but appertain to the dean and chapter of saint Paul also the word of the  statute be that the king shall have the land or rend in tam greater number  modus et form as the priest himself have coke Report109b and the priest have  not the land and these in effect be the word of the book the second objection  be that in this case there be a good c dyer pl ante b a   b   a dyer pl Leon c  Goldsb jenk cent more coke report a er p use see a four penny by the week to  six poor man apiece which be good and charitable and although it be add ad to  speak pro anima svan et another in will pillage nominate in one a day yet  forasmuch as that be not prohibit by any branch of the say Act it be but  surplusage and be no impediment to the good use for if it shall be prohibit by  any clause of the say Act it shall be by the branch concern obit know to the  find of any anniversary obit or other like thing intent or purpose and it may  be say that this pray for soul by these poor man be another like intent and  purpose but the conclusion of the sentence be in any church or chapel to have  continuance for ever so that the intent of the Act be to prohibit all  superstitious use which we be public in church for the general prejudice which  may accrue by they for malum quo common eastern badly and not to prohibit  private prayer in their chamber or other private place which can not tend to  so dangerous a example then the case be no other but that land of the value of  per annum be give to the intent follow see to find a priest to pray for soul  and that be shall have of the profit of the land and six poor man fourpence  apiece a week for ever in this case this good use as it be strong urge shall  save the land and the king shall have but that which be limit to the priest  see for it be not the intent of the Act to take away the good use but the land  shall remain with the feoff to perform it and so much as be limit to the  superstitious use shall be give to the king and to prove this diverse case be  cite first a case in the king bench year Elizabeth inter a hewet and Wotton  for land in Exeter where the case be that gervase Luissant feoff diverse of  the say land and will that they shall find a priest to sing mass in the church  of saint mary every Sunday and a dirige et mass de requiem once a year for his  soul and that they out of the issue and profit of the say land shall pay to  the say priest twopence every week and the residue of the profit to be employ  upon book vestment and other ornament of the church aforesaid and it be  adjudge that although the land be give to find a priest yet forasmuch as his  stipend be certain and also be join with a good use that the land be not give  to the king by the say Act but only the stipend which the priest have another  case be adjudge in the same court Trin Elizabeth but it begin pasch Elizabeth  rot in trespass between John b Chibnal plaintiff and W Witton and Christopher  Witton defendant for a house in fleet street call the angel coke Report110a  sur Le hoop upon not guilty plead and upon a special verdict find the case be  such Bennet Harlewyn h by his will in write devise to the master and brother  of the guild of draper of London S d yearly to be employ for the relief of the  poor brother and sister of the same guild and devise the say house to the  parson and churchwarden of saint Christopher parish and their successor ad ind  solvend annuatin pillage return S d per I superius concess et quod Self de  exit ind to loosen annua where you will soldiers uni capel in eccles S  christopheri sending celebrand imperpet pro anima of me d et quod to loosen  where you will soldiers three poor man the same parish d ad to speak pro anima  of me et quod to frequent to make annua One anniversar distribuend S d in form  sequence videlicet who capel interessenti there anniversary d et quod d ind  annua to loosen jailer need church ad use workshop substantial object church  et d ad sustentationem brotherhood S christopheri residuum S d expenda in  bread et drink inter capel et elsewhere poor man eastern die anniversary ad to  move pro anima of me ac quod gardiani to have de exit ind S d pro laborious  nest residuum de exit to keep back in small box for medicine ad sustentation  et restoration speaker property et cum opus to be ad novan edification eorund  and all these be employ within the five year and it be adjudge in that case  the king shall not have the land and the reason as be say be because the S d  to the poor of the guild of draper and also the sixpence to the other three  poor of the parish although the three poor be appoint to pray for soul out of  the church c be good use and therefore the find of a priest give not the land  to the king but yet it be resolve and adjudge that this case at bar be within  the say three branch of the Act and that a   a a   a a roll a duke hewet  wotton case post b more and b duke Chibnal and Wittons case   Ent pl post b  side coke report a er p the land be give to the king by the say Act and for  the better and more perspicuous knowledge and understanding of the resolution  of the justice in this case I be oblige to avoid great prolixity and intricacy  to reduce all their reason and cause of their resolution to these six  difference all which necessary concern the case at bar as well for the  confirmation of their resolution as for the confutation of all objection and  also for the true understanding of all the former resolution and judgement  among all which by these difference excellent and perfect unity and agreement  appear the first difference be if a man give land to the yearly value of to  other to the intent to find a priest to pray for soul and that the priest  shall have of the issue and profit of the land for his salary without any  other limitation that in coke Report110b that case all the land be give to the  king but if the land be give upon condition or to the intent that the feoff  shall pay of the issue and profit of the land to a priest to pray for soul  without any other limitation that the king shall not have the land but only  the rend of out of the land and the reason of this difference be because the  first case be within the three branch of this Act for the land itself be give  to find a priest accord to the letter of the Act and inasmuch as he be  maintain with of the issue and profit of the land it be within the word  subsequent of the say three branch know wherewith or whereby any priest be  maintain for by the land and the profit of it he be maintain and no use shall  be intend but that which the donor express and the maintenance or augmentation  of it and forasmuch as the land be give to find a priest although he limit in  certain how much the priest shall have for his salary and live yet to the find  of a priest to pray for soul other thing be necessary which be employ in such  gift know garment book wine bread c and the pen of these branch concern find  of priest differ much from the pen of the other clause concern obit for there  the word of the first clause be give assign or appoint to go or be employ  whole to the find or maintenance of any anniversary c and the second clause be  and where but part of the issue or revenue of any manor land c but no such  distinction be express within the branch concern priest and the reason of the  second part of the difference know when the feoff be appoint to pay out of the  land a certain sum to a priest c and because the land itself be not give upon  condition or to the intent to find a priest but the feoff be limit or appoint  to pay to the priest and therefore the king can have more than be give to the  find of the priest and that be as the priest stipend and not the land which be  not give for the maintenance or find of the priest and therefore the king  shall have the only by force of the say four branch of this Act for that be in  nature of a yearly rend profit or emolument and therewith agree the judgement  in the say case of the dean t of Paul the second difference be if land of the  yearly value of per annum be en upon condition or to the purpose follow see to  find a priest to pray for soul give and that the priest shall have for his  salary and to distribute between twenty of the poor man and woman other yearly  for ever for their sustentation in that coke Report111a case the king shall  have but the limit to the priest and not the land but if the same land hand  not be give to find a priest and for the maintenance of twenty poor man in  that case the king shall have all the land although in the employment the  priest have and the poor the other and the reason and cause of this difference  be because in the first case there be a good use separate and distinct from  the superstitious use and therefore God forbid that the ill use shall swallow  up the good use c and a certain sum be appoint to the priest which slim the  king shall have as a rend by force of the say four branch and in such case if  the land shall be give to the king the good use will be take away which be  never the intent of the Act for the intent of the maker be as appear by the  preamble to advance and continue good and charitable use as grammar ante b the  diversity a a   a dyer pl Leon Goldsb   b jenk cent more hob more roll Rep cro  car cro el   Litt a   b c vide note to Pigot case   b coke report b er p  school augmentation of the university and provision for poor man as be express  in the preamble and there be another clause concern the continuance of such  charitable use in the body of the Act by which power be give to certain  commissioner to assign in every place wherein any guild fraternity priest or  incumbent of any chantry by the foundation ordinance or first institution  thereof shall or ought to have keep a grammar school or a preacher c and also  to inquire what money profit or benefit any poor person by virtue of any  conveyance c have or enjoy within five year c out of any college free chapel  or chantry and other the premise give limit or appoint to the king by this Act  and thereupon to make assignment to the poor which clause be to be intend only  when the provision for the poor be derive out of a superstitious thing or to  be perform by the person who be to do the superstition as out of a college or  chantry or free chapel or when all the land be give to find a priest and that  the priest shall find a grammar school or preacher or shall pay so much to  poor man and in such case it be necessary to make such provision for the  college chantry free chapel and priest pray for soul who shall make  distribution to the poor c be dissolve and their possession give to the king  by this Act and therefore it be very well and necessary to add the say clause  for continuance of the say charitable use but that it do not extend to when  land be give to diverse feoff upon condition or to the purpose follow know to  find a priest and of the issue of the land to pay he a certain stipend and out  of the residue of the profit that the feoff shall find a grammar school or  sustain coke Report111b poor man for these be do derive out of the  superstitious use nor to be distribute by the superstitious person but by the  feoff c who remain person able to distribute and continue the good use which  be distinct from the superstitious use and the reason of the second part of  the last difference be because nothing be limit to the superstitious use in  certain by the donor or devisor himself so that if the king shall not have the  land the king will have nothing but the superstitious use will remain and the  intention of the Act as have be say and so it ought to be expound be to take  away all such superstition for the king can have any rend in such case for  every rend ought to be a certain sum and although in such case the feoff have  always employ a certain sum yet they have not power to make alteration of the  substance of the gift but the intent of the donor shall stand a three  difference be take when the priest have a certain salary and yet to the find  of he other thing as book bread wine vestment c as have be say be tacit imply  and requisite which be incertain and beside that a good use be limit there the  king shall not have all by reason of the imply incertainty but if land be give  to any express superstitious use prohibit by the Act without limitation of any  certainty for the find of it there all be give to the king by the say Act the  reason of the first branch of this difference be that a good use express shall  be prefer before anything imply and incident to a superstitious use the find  of book vestment wine and bread be not of themselves superstitious therefore  the maker of the Act do not intend to regard they as appear by diverse  resolution and judgement hereafter cite but when the express intent be not  only to find a priest but also a good use there the king shall have only that  which the priest himself have or which he be intend to have the other part of  this difference be agree and resolve before the that difference or rather a  explanation of the former difference be take between a sole priest to pray for  soul within the three branch and a stipendiary priest within the four branch  for when land be give to one or diverse feoff to find one single priest with  the issue and profit thereof with a certain limitation of some sum for his  sustenance there if no good use be limit as have be say all the land be give  to the king for the reason aforesaid but when a certain sum be limit to the  priest for his stipend and beside that a good use be express it amount to as  much as if the land have be give that the feoff shall pay a certain sum of  money to a priest in which case he be a stipendiary priest within the four  branch of the Act and in such case the king shall coke report have but one  rend the five difference be take when a certain sum be limit to a priest and  diverse other use be also limit which of themselves be not prohibit yet if  they depend upon the superstitious use all be give to the king as if a man  give land coke report b er p of the value of and that the feoff of the profit  of the land shall pay to a priest and the residue for vestment book bread wine  c for the celebration of mass c or to one or diverse to visit and see that the  service be do or door the reparation of the chapel in which the service be to  be do or for the repair of the tenement or to poor people to be present at it  or some such like intent or purpose which depend upon the superstitious use or  for a ornament or continuance of it there all be give to the king but when the  other use be not depend upon it but extend to distinct and separate good use  there the good use shall save the land as if land to the value of be give to  pay a priest ten mark to sing for soul in such a church and the residue of the  profit to repair the church although that by a mean concern a continuance of  the say superstitious use forasmuch as it be to be celebrate in the same  church or in such case if the residue of the profit be limit for the find of  the ornament of the church although they be by a mean ornament also for the  celebration of the say superstitious use yet in both these case inasmuch as  the reparation of the church or the find of the ornament do not depend upon  the superstitious use nor immediate concern the superstitious use in such case  the land be not give to the king so in the same case if part of the profit be  limit for the repair of the church or to find the ornament of the church and  the residue of the profit be limit for the reparation of the house so give the  king shall not have the land for reparation of house of themselves be not a  use prohibit and therefore be join with a good use shall save the land and yet  by a mean both concern the continuance of the superstitious use but the  statute be to be intend of immediate use and not only to suppress  superstitious use but also to continue good use accord to the intent of the  maker of the Act the that difference be observe when all the use be  superstitious and when not for when all the use be superstitious there in what  certainty or manner soever they be limit and of what value soever the land be  yet all the land be give to the king as if land of the value of twenty pound  per annum be give to the intent that ten pound out of the issue and profit  thereof coke Report112b shall be pay to a priest five pound for the  maintenance of the obit and five pound to find lamp and light before such  image in such a church in this case it be object that the king shall have but  several rend for the priest be but a stipendiary priest and the land be not  give to find he also the clause concern obit c give to the king but a rend  when but part of the profit be limit and appoint to it and therefore by none  of the say several branch by itself the king shall have the land but only the  Act shall be give the king for inasmuch as all the profit be limit to  superstitious use it be the intent of the Act to give all the land to the king  by a reasonable construction upon the coherence and intention of all the part  of the Act and as to the objection which be make that the king in the  principal case shall not have more than the priest have because the five  branch which be the conclusion of all the four branch precedent have such word  in as large and ample manner and form as the priest warden minister governor  ruler or other incumbent of they within five year c mrs occupy and enjoy it be  resolve that these word do not abridge that which before be by any of the  precedent clause give to the king that these word can be refer to the three  clause see when land be give to one or diverse person to find with the issue  and profit a sole priest for there the priest have not the land and therefore  if the say clause be restrictive and if the king shall not have more than the  priest have the king will have nothing for the priest have nothing and yet  every one agree that the king in such case shall have the land but these word  be refer reddendo one one to the first second and four branch for by the first  two the land and by the four a rend be give to the king and therefore the say  word may well be refer to they and can be refer to the say four branch for the  king can have the land in as ample and large manner as the priest have it when  in truth the priest have nothing in the land but the feoff be seize thereof or  the say word refer only to the four branch concern stipendiary priest as  Popham chief justice hold and the case at bar be within all these difference  for the land be devise upon condition to find a priest in this case one of the  superstitious use be uncertain because for the find of lamp and light no  certain sum be limit coke report a er p and if all the land have be give to  this uncertain use the king shall have have all the land here be not any good  use for although the maintenance and sustentation of poor man be good yet  maintenance of they to pray for soul be superstitious and prohibit by the coke  Report113a say Act and although these prayer be not appoint to be make in any  church chapel c or other public oratory yet it be resolve that it be prohibit  by the say Act or as some hold direct within the word of the clause concern  obit see anniversary or obit or other like thing intent or purpose or of any  light or lamp in any church or chapel so that these word in any church or  chapel be refer only to light or lamp and not to these precede word or other  like thing intent or purpose and pray for soul be a like intent or purpose to  a anniversary or obit for all be to pray for soul or as other hold by the  equity of the say Act which intend to extirpate all pray for soul and it seem  to some that the case be strong because the principal superstitious use be to  be do in the church these prayer for soul by the poor mein be in a manner  dependent upon the other superstitious use and of one and the same kind and  nature with they in this case all the use be superstitious and therefore all  the land be give to the king and by these difference you may as have be say  better understand the judgement and resolution which have be before these time  have upon the several branch of this Act and every one of they well stand with  the other and no contrariety among they and all these difference be well prove  and approve by former resolution decree and judgement and therefore I will  make a summary report of the former resolution decree and judgement which be  cite and vouch in this case and first of the resolution and charitable use see  to find a grammarschool chief for the relief of the poor yet because it be mix  with a superstitious use and nothing in certain be limit to the good use in  such case the uncertain mixture of the bad use with the good use infect the  good use as a little poison mix with a great quantity coke Report113b of wine  or as truth mix with covin covin be so ill a herb that it make the whole  unsavoury and turn the goodness of the one into the badness of the other as it  be say in Plowdens commentary a second the good use be derive out of the  superstitious use and to be perform by the priest and for these reason the  good use in this case shall not save the land also although now upon the  matter it be as if the good use have be omit and that a certain sum be limit  for every of the use yet when all the certain use be that superstitious all  the land shall be give to the king another case be resolve b they that sir  John Tate seize of certain house in London by his will in write devise they to  the company of dyer to repair the house and to find a secular priest for ever  to pray for soul in the church of saint Michael in Cornhill pay to he a  competent live not less than eight mark per annum and the house then be of  great value and yet because it be uncertain what sum the priest shall have and  if the sum have be certain yet because the land be give to find a priest and  no good use be limit the king shall have all the land by the say three branch  of the say Act another case resolve by they be that John Allen by his will in  write devise house in Eastcheap to the company of goldsmith in London to find  a obit for ever which house then be and so continue of the value of S d per  annum and S d be only employ to the say superstitious use and it be resolve  that the king shall have all the land for the devisees by their certain  employment can save the land when the gift itself be uncertain nor any disposi  coke report a er p cion in certain by the devisees can alter the nature and  substance of the gift nor the operation of the statute upon it another case be  also resolve by they one peel devise by his will in write certain house in  London to the company of clothworker of London to the intent that they for  ever shall pay to such priest who shall pray for his soul in the parish church  of Chilham S d for his salary the king shall not have the house for they be  not give to find a priest but to pay to a priest a certain sum one Walpool in  e by his will in write devise to the company of goldsmith in London certain  house in London of the value of per annum to the intent that they with the  issue and profit thereof shall find two priest pay to each of they S d for his  salary and it be resolve by the say justice that the queen shall have the  house for it be within the three branch of the Act coke Report114a inasmuch as  the land be give to find two priest and wherewith or whereby they be maintain  c and forasmuch as no good use be limit and all the use express be  superstitious for these reason it be resolve that the house be give to the  king and yet the salary of the priest be certain year h William caley by his  will in write devise certain house in London of the value of forty mark per  and to the company of draper to the intent to repair they sufficient for ever  and of the issue and profit of they to maintain a chaplain in the church of  saint mary Woolnauth to sing mass every day for the soul of Richard shore and  his wife and to have for his salary S d and to find a obit in the same church  for the soul of the say Richard shore spend upon it S in form follow see the  warden of the say company shall have part and the beadle part and part to be  spend upon bread beer and other necessary at draper ball among the brother  there and the residue to be distribute among the poor dwell within the  precinct of their hall to pray for soul and although the salary of the priest  be certain and the expense of the obit be certain and the prayer for the soul  be to be make in Drapershall and not in any church or chapel and the  distribution of bread and beer among the poor be of itself a good and  charitable use yet forasmuch as all the use be superstitious or depend  thereupon it be resolve that the house be give to the king by the say Act year  e one Gregory by his will in write devise his house in London of the value of  four mark per annum to the company of skinners to the intent with the profit  thereof to find a obit for ever in the church of saint Anthony spend at it S d  and to distribute among the poor of the say parish to pray for one soul S d  and with the residue of the profit to maintain the reparation and with the  overplus to new build they when need shall be and although the sum for the say  superstitious use whereof one be to be do out of the church or chapel be  certain and the reparation and new building of the house themselves be good  because they concern the habitation of man yet forasmuch as these use be for  the continuance of the superstitious use et in a certain way depend thereupon  for this reason it be resolve that the house be give to the king by the say  Act several other resolution of the say justice be cite but forasmuch as they  all tend to the effect of those which have be cite before to avoid prolixity I  have omit they notam reader the branch of the say Act next follow the last  clause of obit concern the employment of the sum coke Report114b of money or  profit of any land by any corporation guild fraternity company or fellowship  of any mystery or craft for the maintenance of a priest obit c be but a  explanation of t say four branch to oust a scruple which some may conceive  whether a body incorporate may stand seize to such intent and upon such trust  as be aforesaid but it appear by all the say resolution as well body politic  and corporate as private person be within the former branch of the say Act for  the letter of the Act be general and include all as in this very case it be  before resolve now to proceed to decree in e it appear in scales lose vigor in  duty rememor dom king in the exchequer that diverse decree be make so upon the  will of a Comberton in h of Cromer b in h of William Rus c in two h of one pen  in h and of diverse other in the court of augmentation but because a more b  more c more coke report a er p they be agreeable to the say resolution and  difference before take as I conceive although they be not full there write I  will omit they and proceed to judgement give in the queen court upon argument  and great consideration judicial and as to the case of hewet and d Wotton and  Chibnal e and Witton they be affirm to be good law and that there be two  principal reason of the judgement in the same case because nothing be limit to  the priest but twopence or threepence every week which be not within the say  three branch of the Act for with such a small sum a priest can be find or  maintain and the letter of the say statute be to the find of any priest c and  wherewith or whereby any priest be sustain maintain or find and with such  small allowance he can be sustain maintain or find also in one case he shall  sing mass but every Sunday and dirige once a year which be as be say within  the clause of obit see to such like intent or purpose admit that a certain  salary have be to the priest sufficient for his maintenance yet because there  be good use a separate from the superstitious use see in the one case S d to  the poor c and in the other to find ornament of the church for these reason  judgement be give in both the case that the land be not give to the king it be  also adjudge for these two reason that be give in hewet and wotton case for  the say two case agree with the say case of the dean of b Paul which the Lord  dyer have brief touch in part that the queen shall not have the land for two  reason because the land c itself be not give to find a priest so that it be  not within the three branch of the Act but to find a annual sustentation of  ten mark for a priest coke Report115a so that it be within the four branch and  not within the three it be resolve in the say case of the dean qa d Paul that  if land be give to pay ten mark to a priest and S to the maintenance of a obit  in that case if both be find within the five year the king shall have all the  land because both the use be superstitious by the judgement of the law upon  the coherence as have be say of all the Act but the same case because the obit  be not find within the five year it be therefore adjudge that the king shall  not have the land and therefore in the same case of the dean of Paul this  difference be take and resolve when certain sum be limit to the superstitious  use and one use be separate and divide from the other there the find of the  one shall not give the whole land to the king but only the sum appoint to the  superstitious use which be employ within the five year but if the one use  depend upon the other there the find of the principal or any part of it give  all the land to the king as if land be give to the intent that a obit shall be  find in such chapel and that upon the obit S shall be distribute and employ to  the priest and to diverse poor person who shall be present at it S d and the  rest of the profit to the reparation of the say chapel in this case if the  obit be maintain in any part within the five year although the S d be not  employ to the poor man nor any thing upon the reparation of the chapel within  the five year yet all the land shall be give to the king because all the use  depend upon the first so in the same case Wray chief justice say that it be  adjudge that where certain house call the bull be give to find a priest to  pray for soul c and other tenement call the swan be give to the same feoff to  find a obit c and the feoff employ the profit of the say several house to  contrary use see the profit of the bull to find the obit and the profit of the  swan to find the priest yet forasmuch as the original gift be superstitious  and the employment superstitious although the employment do not pursue the  gift yet in both case such employment within the five year be sufficient to  give the land to the king so if a man give the manor d duke before b more  Anders e before b duke   Ent pl Siderf a duke b before b a a b die pl Leon  Goldsb   b jenk cent more c duke d before b a a b b die pl Leon Goldsb   b  jenk cent more coke report b er p of dale and e the manor of sale to find  superstitious use and the feoff with the profit of the one manor find the  superstitious use and employ the profit of the other to the use of the poor  inhabitant of the same town or to bear the common charge of the town yet both  the manor be give to the king for if the feoff employ any part of the profit  of the land which they have and which be give for the maintenance of the  superstitious use all be give to the king but if the feoff before the five  year have convey part of the land to another in fee and employ the profit coke  Report115b of that which remain in their hand for the maintenance of the  superstitious use and no part of the profit of the land of the second feoff be  employ within the five year there the king shall not have the land of the  second feoff but only the land which the first feoff have for the employment  by the first feoff of the land which they have can bind the second feoff for  the land in which they have not any estate or interest and that well stand  with the word of the say three branch see to the find of any priest and  wherewith or whereby any priest be sustain maintain or find within five year  for as to the land convey to the second feoff whereof no part of the profit be  employ to superstitious use within the five year that be not within the say  word of wherewith or whereby for neither with nor by the land of the second  feoff the superstitious use be find within five year but only with and by the  land which remain with the first feoff and in the say case of the dean of Paul  some hold that a proviso that the say Act shall not extend to the manor land  tenement or other hereditament of any cathedral church other than to such  chantry obit or lamp or any of they within five year c and in the say case the  land be parcel of the possession of a cathedral church and the say land do not  appertain to a chantry see within the first or second branch but that case be  within the four branch to which this word of the proviso chantry do not extend  and as to the word obit c forasmuch as but part of the profit be assign  thereto although the obit have be find that the land be not thereby give to  the king Trin Elizabeth rot in a information of intrusion against Lucas and  collier a upon the general issue a special verdict be find to this effect  turner seize of certain house in London in fee of the yearly value of S d year  h devise they upon condition to find a obit within the parish of saint mary  patten in London spend thereat so much as the devisees will in their  discretion the devisees expend only upon the obit S d per annum and it be  adjudge that the queen shall have the house because the appointment be  uncertain although the employment be certain that all b the use express by the  devisor be superstitious and therefore it be say if land to the c value of be  devise to find a obit spend upon it per annum although a certain sum be limit  yet forasmuch as the land be give to find a obit and no other use be express  the land in such case shall be give to the king for the land be give in the  same case whole as the statute speak to find a obit a I therefore within the  first branch of obit Trin Elizabeth rot inter Colborn and a dale in b r upon  demurrer the case be such though well e devise coke Report116a diverse house  in London of the yearly value of to his wife for her life the remainder to the  parson and churchwarden of saint Edmonds and their successor and devise that  his wife during her life and after her decease they in remainder shall find a  priest who shall perform divine service at the altar in the chapel of our lady  in the church of saint Edm for the soul c and that the same priest shall be  aid and help at divine service in the same church and devise that his wife  during her life and those in remainder after her death shall pay he for his  salary S d further he devise that they shall find a obit with six priest and  appoint S in certain to be employ upon it whereof part shall be distribute  among the poor of the trade of draper e duke d   Ent pl more Anders Siderf b  duke c duke a   Ent pl more and Siderf Hern coke report b er p which shall  come to the say obit and can not come also be appoint d yearly to the parson  of saint Edmund for beading of bead every Sunday S d to the friar of saint  Augustin to pray for his soul also S yearly to be pay to the preacher at Paul  upon good Friday to three preacher of the Spittal to commend his soul to the  prayer of the people S d also S d to the warden of the company of Sheermen to  distribute among the poor almsman of the same trade to the intent that those  of the warden with eight or more of the say company upon warning shall come to  his obit also he appoint account yearly to be take and that the churchwarden  of saint Edmonds shall have the let and set of the land and the churchwarden  of saint m Woolnauth shall come yearly and have for their pain d a piece and  the churchwarden of saint Edmond to have S d and S d yearly appoint for the  find of book vestment and ornament of the chapel where he appoint his obit to  be celebrate and that all the revenue come of the premise shall be in several  keep separate from other money in a chest for the reparation and new building  of the tenement and it be adjudge that the say house be give to the king by  the say Act in which judgement these thing be observe that the devise be to  his wife that it be a devise to his wife for her life that every superstitious  use have a certain sum limit and appoint for the maintenance of it that all  the use be either superstitious or be depend upon the superstitious use or  tend to the maintenance or continuance of they and that be the principal cause  and reason of the judgement Trin Elizabeth rot inter Adam et Stokes in b r  upon demurrer the case be such Walter Dunston devise land to the parson and  churchwarden of saint botolph upon condition to find a priest and that he  shall have for his salary of the issue and profit of the land also be devise  yearly for ever S d to the prisoner of Newgate and Ludgate at the day of his  death to pray for his soul beside the say sole priest and the residue for the  reparation of the tenement and to augment the priest portion and it be resolve  that the land be give to the king by the coke Report116b say Act for the pray  for soul by the say prisoner although it be out of church and chapel be  superstitious and the augmentation of the priest maintenance uncertain and  this resolution be affirm for good law by Popham chief justice and diverse  other but judgement be not enter in the roll Paschm et Ph et mark rot in the  king bench Whetstons case be adjudge that where land be give to find a obit in  such a chapel appoint a certain sum for it and that the residue shall be  employ on the reparation of the chapel in which the obit shall be celebrate  and it be adjudge that all the land be give to the king for the one depend  upon the other and Popham CJ say that Paschae Elizabeth rot in a information  in the exchequer the case be such one drayton seize of land in London in fee  devise they to the dean and chapter of Paul upon condition that they shall  find two chaplain to pray for his soul in a chapel new there build by he and  to pay to they for their salary S d and to find a obit appoint for it a  certain sum and to repair the chapel and all this be find within the five year  and it be adjudge against the king and that agree with the opinion in the case  before cite of the dean and chapter of Paul before upon the proviso of this  very Act hill Elizabeth rot inter partridge et walker in the king bench the  case be that one hill devise certain house in London to the parson and  churchwarden of the church of saint bride be to find for ever his anniversary  appoint for it S and to pay to the poor S d in honor et doubling a year in who  Christ to live in land and it be adjudge that the land be not give to the king  for the payment of the S d to the poor in honor e be a good and laudable use  in commemoration of the year of our saviour the continual memory of which be  most comfortable and necessary for every Christian but it be agree in the  principal case at bar that if the devisor have limit by express word or by any  word which may imply his intent to be that the devisees for the advancement of  his blood Leon Hern Anders more   Ent pl more Hern coke report b er p shall  have the residue of the profit that will be a good use and will save the land  and in such case the king shall have but the rend and this case be very well  and at large argue by the justice and it be the first case that sir  Christopher Yelverton argue after he be constitute justice of the king bench