The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CLXIV. Annesley and Johnsons's Case. Mich. 27 Eliz. In the Common Pleas.

IN an Ejectione Firme, upon Evidence, the Case was, That Roger Wake was seised, &c. and before 27 H. 8. enfeoffed certain persons to his use, &c. and they being so seised to the use aforesaid, The said Roger by his Will willed, That his Feoffees and Exe∣cutors should found a Chauntry in perpetuity, and a Priest there, to say Mass pro anim', &c. and that they procure a Licence to alien in Mortmain, and also an Incorporation for such Chauntry Priory; And that the said Lands should be conveyed to such a Priest, &c. And also that every such Priest should be School-Master there; And that post dictam Cantariam sic fundatam & stabilitam, the said Priest should say Mass, &c. Roger Wake died: The Feoffees and Executors did not procure any Corporation, or Licence to alien in Mortmain, nor make any estate to the Chauntry Priest: But the appointing a Priest who said Mass according to the Will of the said Roger, and was also a School-Master, and took the profits of the said Lands as owner of them, and died: After which, one Vere was appointed to be School-Master there, but he was meerly a Lay-person, and so continued until his death, and took the profits of the Land; And upon part of the Land he built a House, and there dwelt, and kept a School. And after his death, one Curtis was appointed by the Executors to teach there, and he was a Lay-man, and there taught many years; and afterwards he took Orders, and became a Priest, and said Mass, and other Divine Service, and continued School-Master also: And 26 H. 8. the same was presented for a Chauntry for First-Fruits, and first-fruits were paid for it, as appeared by a Particular which was shewed in Evidence. And also, 2 E. 6. it was presented for a Chauntry, and the possessions of it seised into the Kings hands. And it was much insisted upon, That Vere being a meer Lay-man, that the same was a forcible Interruption of the Reputation of the Chauntry. But it was the Opinion of the whole Court to the

contrary: And that notwithstanding, That no Corporation was obtained, yet because that the Priest was appointed by colour of the Will, and he said Mass according to the Will, although Vere who succeeded him was a meer Lay-man, and not a Priest; yet af∣terwards when Curtis came being appointed but a School-Ma∣ster, being also a meer Lay-man, yet afterwards when he took up∣on him Orders, and demeaned himself as a Chauntry Priest there ratione institutionis by the Will of Wake, which is confirmed by the Certificate, and also by the Presentment; The first Repu∣tation is revived, and the Law shall not construe, That Curtis took the profits in the Quality of a School-Master, but as a Priest; for the Law hath respect to the Will of the said Wake, which was the ground of all these proceedings, and that, although he did not say Mass within 5 years before the Statute of 1 E. 6. And Note, That the Certificate of 26 H. 8. was, That Rich. Curtis was Cantarista: And it hath always been adjudged, That a Chauntry by Reputation is within the Statute of 1 E. 6.