case Francis Annesley plaintiff henry Dixon defendant in error that march a as  the guardian of b a infant make a claim to certain land before the trustee of  the Irish forfeiture which be allow he enter on the land part of these land be  out upon lease a procure a derivative lease thereof to himself but it be hold  to be in trust for the infant this point do not appear very clear in the  statement of the case as here give the judgement of the court of b r in  Ireland and England be affirm on the trial of a ejectment bring by the  defendant against the plaintiff in the court of queen bench in Ireland for  diverse message in Tippenham in the county of Kildare the jury find the  defendant Annesley not guilty as to ten acre parcel of the say premise in the  declaration mention and as to the residue they find a special verdict state  the follow fact that before and at the time of the accession of the late king  James two to the crown Robert Dixon the lessor of the plaintiff be seize of  the land mention in the declaration except those ten acre in his demesne as of  fee and that king James two at the time of his accession to the throne or any  other person to his use or in trust for he be not seize possess of or interest  in any of those land that by the act of resumption that and that William III  cap entitle a act for grant a aid to his majesty by sale of the forfeit and  other estate and interest in Ireland and by a landtax in England for the  several purpose therein mention it be inter alian enact that all the honour  manor land etcetera whereof the late king James two or any in trust for he or  to his use be seize or possess of or interest in at the time of his accession  to the crown of England shall be and be vest in the trustee name in the say  act their heir executor and administrator respective from and after the second  day of November accord to the several estate and interest which the say late  king or any in trust for he bad in any of the premise at the time of his  accession to the crown of England to the end that the same may be sell dispose  of and brown apply by the say trustee to and for the purpose in the say act  mention and that no person have any estate right title or interest in law or  equity into or out of any of the say forfeit or forfeitable estate or interest  or any other the estate or premise before the that of February may be in any  respect whatsoever prejudice it be further enact that all person etcetera have  any estate right title etcetera in law or equity into out of or upon any  honour manor land etcetera therein before vest in the say trustee before the  say that of February by reason of any settlement etcetera or encumbrance  affect the say estate shall on or before the that day of August enter all  their respective claim and demand Ithereunto and in default thereof every such  estate right title and encumbrance be declare to be void and the estate or  estate so as aforesaid liable thereunto or charge therewith shall from  thenceforth be free and discharge from the same and such claim be to be  transcribe by order of the say trustee and enter in book as a perpetual  memorial thereof and the say trustee or any seven or more of they be thereby  empower accord to their best discretion to hear determine and judge every such  claim at any time after the entry thereof and before the that of march and if  such claim shall not be allow by the say trustee the claimant his heir  executor administrator and assign shall be for ever bar and without remedy  brown er p and the say trustee or any seven or more of they may in such case  dispose of such write deed or evidence in such manner as to they shall seem  meet and it be further enact that the say trustee or any seven or more of they  shall be a court of record and every judgement determination or decree of they  shall be enter of record in book of parchment and shall be obey by all person  concern therein respective and shall be final and shall conclude and bind all  and every person or person their heir executor administrator and assign  notwithstanding any disability in respect of coverture infancy nonsanity of  memory or other matter or thing whatsoever and all infant feme covert idiot  person of nonsane memory or beyond the sea corporation and all other person  body natural and politic their heir and successor and their respective  interest shall be bind and conclude by such judgement determination and decree  accord to the tenor and purport thereof any law statute or custom or other  matter or thing to the contrary notwithstanding and after the time for enter  such claim the say trustee or any seven or more of they be enable and require  at any time before the that of march to sell all the estate and interest  thereby vest in they as aforesaid or any parcel thereof and such sale be to be  by cant or auction and the say trustee be to execute a indenture of brown  bargain and sale to the buyer and such indenture shall be immediate enter and  transcribe in book to be provide by the trustee for that purpose and shall  then be deliver to the purchaser who be to cause such indenture to be enrol in  the chancery of Ireland within six month after the date thereof and the person  make such purchase and have such conveyance and assurance as aforesaid be  adjudge in actual seize and possession of such part and parcel of the premise  as shall be so purchase and convey and shall hold the same for such estate or  interest therein as shall be convey by the say trustee discharge from all  arrear of rend and all demand of the king his heir and successor and of the  trustee their heir executor administrator and assign and of every other person  whatsoever except such claim and demand as shall be allow by the trustee in  the determination of such claim as aforesaid and also free and discharge from  any breach of trust which may be pretend to have be commit by the say trustee  in not strict pursue the power and direction give by the say act that Robert  Dixon the lessor of the plaintiff make a claim before the trustee and therein  state his title by letter patent of the that of march car I make in pursuance  of a commission of grace for remedy of defective title whereby all the land  then in possession of sir Robert Dixon or his tenant contain by estimation  twothirds of the land of Tippenham or thereabouts and repute acre of arable  and acre of pasture be grant to sir Robert and his heir who enter and be seize  to the time of his death and then sir William Dixon his son and heir enter and  be seize till he be dispossess in the time of the civil war but upon his plea  in the exchequer of Ireland he be in the year restore and quiet hold and enjoy  the say land that one Robert sherlock be seize in fee of five house and acre  of land in Tippenham be about onehalf of the remain three and mortgage the  same to Robert more in fee and one pierce Fitzgerald be seize in fee of the  other moiety of that three part be onesixth of the whole that a moiety of the  land be seize and sequester as the land of Fitzgerald though he be in fact  only proprietor of a six part and that Robert more be adjudge a innocent  papist have a decree for his mortgage land and be put in possession thereof by  order of the commissioner and thereby become seize in fee that the say Robert  more and James sherlock the son and heir of the say Robert sherlock by deed of  feoff date the that of may and by fine in consideration of pound convey their  say land to sir William Dixon whereby he be seize of the say mortgage land and  he be also seize in fee of his twothird part as aforesaid and die whereupon  the same descend to sir Richard Dixon who enter and enjoy till he die in brown  June or July and by his death the land descend to the claimant then under the  age of ten year who by Francis Annesley his guardian the now plaintiff in  error enter on the same and be seize the claim then state that all that part  of the town and land of Tippenham which former belong to pierce Fitzgerald be  by letter patent convey to the duke of York and his heir and that sir William  brown er p Talbot the duke be commissioner take upon he in to demise for year  to one quin the half of Tippenham contain as be allege acre at the yearly rend  of S d for every acre that quin in demise this moiety for year to the say  Francis Annesley at the yearly rend of S d per acre and under colour of such  demise the say Francis Annesley possess himself of that part which be convey  by more and sherlock that the feesimple of the premise which belong to the  duke of York be vest in the trustee but without make any claim thereof the  claimant aver his title to the twothirds of which he be in possession under  the patent before state and also to the moiety of the other three convey by  more and sherlock and then possess by Mr Annesley under colour of the lease  from quin and he claim the benefit of that lease as a trust for he be take by  his guardian that the trustee by their decree and adjudication of the that of  September think fit to adjudge that the claimant shall enjoy one moiety of the  land of Tippenham to he and his heir and that his claim as to any other or  further part of the say land shall be disallow and dismiss the jury further  find that the trustee in consideration of pound S d pay by the say Francis  Annesley and of the further sum of pound allow to he by order of the trustee  for service in make out their title to the say land of Tippenham by their  indenture of bargain and sale date the that of June do bargain and sell to the  say Francis Annesley and his heir all that the moiety of the town and land of  Tippenham contain by estimation acre with their appurtenance all which say  premise the deed say be late parcel of the estate of the late king James two  at the time of his accession to the crown of England and now be in the  possession of the say Francis Annesley and his undertenant then they find that  Annesley be in possession Dixon enter upon he and make the lease set forth in  the declaration and that Annesley reenter and eject the lessee and conclude  general if upon the whole matter the court shall judge he be guilty of the  trespass and ejectment of the residue of the land beyond the say ten acre they  find he so and if they shall adjudge he not guilty they find he not guilty on  argue this verdict in the court of queen bench in Ireland judgement be give  for the lessor of the plaintiff and after three solemn argument upon the writ  of error in the court of queen bench in England the judgement be affirm by  brown the Lord chief justice holt and the justice Powell and gold who deliver  their opinion seriatim contrary to the opinion of Mr justice powis but to  reverse both these judgement a writ of error be bring in parliament and on  behalf of the plaintiff in error it be contend r Donkin that if the trustee  under the act of parliament have not a power to declare adjudge and determine  what be forfeit and vest in they and what not the clause oblige person to  enter their claim before they will be not only useless but vexatious and if  the decree and sale of the trustee shall not be a incontrovertible title to  the protestant purchaser then must such purchaser upon any trial prove the  estate and title at law of the forfeit person but which it be impossible for  they to do because the forfeit person have withdraw with all their deed and  evidence the protestant purchaser be total naked and destitute of any defence  save only the decree and sale of the trustee that if it have be imagine that  the trustee decree be not final and conclusive very few if any will have  become purchaser and consequent the public debt which be the consideration of  the act will have remain unsatisfy that it will be the great hardship  imaginable upon all those who have debenture to have no fund but this for the  payment of they and to be in a manner compellable to buy these forfeit estate  therewith and yet liable to be evict from they that many of the army and other  who have purchase these estate with the hazard of their life and loss of their  limb and have great improve they and make settlement of they on their family  be not able to prove any other title than the decree and sale of the trustee  and therefore if that shall not be sufficient they be liable to be evict and  turn out of all that the only objection of weight against this power be in the  trustee be that they may have sell all the innocent person estate in Ireland  but it may as well be say that the judge in westminsterhall and a jury have  too great power and may wrongful determine every cause that come before they  which be not to be presume and be a objection against all judicature that the  trustee have the approbation of both house of parliament and be upon brown er  p their oath and take all imaginable care in their determination so that out  of near title which they have determine not above four or five person think  themselves aggrieve and that the defendant Dixon have have his claim fair and  full hear before the trustee and the same have be determine and decree against  he it be hope that the judgement will be reverse on the other side it be  insist I Jekyll saint I Broderick that the determination of the trustee as to  the land in question be in person non judge nothing be subject to their  judgement or disposition but what be vest in they and nothing be vest in they  to be dispose of or intend to be so but the estate of forfeit brown person and  the private estate of the late king James that this be not pretend to be a  forfeit estate nor be it ever part of king James private estate and therefore  if the act shall receive the construction contend for by the plaintiff so as  to give the trustee any power over this estate it will at the same time have  put it in their power to dispose of every estate in the kingdom of Ireland  after hear counsel on this writ of error it be order and adjudge that the  judgement give in the court of queen bench in Ireland and the affirmance  thereof in the court of queen bench in England shall be affirm to the end that  execution may be thereupon have as if no writ of error have be bring in the  court of queen bench in England or into the house jour vol p