case sir Laurence Anderton baronet against commissioner OF the forfeit estate  whether a monk profess be capable of take a estate upon a appeal from the  decree of the commissioner c to the delegate the case appear to be thus sir  Laurence Anderton be the old son of his father go to Douai and there become a  monk thereupon Francis modern report the next brother of sir Laurence assume  the title and possess himself of the estate of the family but be concern in a  rebellion and take prisoner at Preston in Lancashire he be try and find guilty  of high treason and be pardon as to his life the commissioner seize the estate  and thereupon sir Laurence the monk claim it insist before the commissioner  that his brother Francis have no right modern report er p the commissioner  have examine sir Laurence upon oath by virtue of a power give they by that  statute which vest the forfeit estate in the king and upon his say examination  be have confess he be a monk they decree for the crown for that by the  appellant profession he be dead in law and by consequence incapable to take  and therefore the estate must immediate vest in his brother Francis who be  attaint of treason the estate must be forfeit and thereupon by the opinion of  four of the commissioner against three a decree be make for the king from  which decree sir Laurence Anderton appeal to the delegate who be justice powys  justice Tracy justice fortescue baron Montague and baron page and the case be  argue at sergeant inn hall in fleet street by sir Philip York solicitor  general in behalf of the appellant and by sir Robert Raymond attorneygeneral  for and in behalf of the commissioner the counsel for the appellant insist  that there be two reason which may induce the court to reverse this decree  first for that it do not appear that the appellant be be a monk profess for  though upon his examination he confess he be a monk yet he may be a monk and  not a monk profess but if he be which be not prove in this case yet he be  capable of take this estate for though at commonlaw a monk profess be dead in  law and by consequence incapable of take a estate yet since such disability do  arise by some canon of the Popish church which be the rule church at that time  and those canon be now abolish by Act of parliament and there be no mean leave  to try whether a man be a monk profess or not therefore such profession shall  work no incapacity in any man to take and enjoy a estate so that if it can be  prove that the appellant be a monk profess yet this decree ought to be reverse  on the other side it be argue for the respondent that the appellant be take  into and live in a convent in foreign modern report part there can be no  possible mean of prove he a monk but by his own confession and be have upon  his examination confess himself to be a monk it must necessary follow he be  profess because he be not a monk till profession and as a monk profess be by  the commonlaw of England make incapable of take or enjoy a estate because he  be account dead in law so it be not by the canon alone of the Popish church  but even by the commonlaw of this nation that such incapacity do arise  therefore the same disability still remain unless it can be show that there be  some statute which enable a monk profess to take and enjoy a estate which they  do not on the other side pretend to show the solicitor general reply that if  to say a man be a monk must imply that be be a monk profess then the constant  addition of that word in our lawbook will be impertinent which it be not for  it be always use to show the difference between a monk and a monk profess but  admit the appellant be a monk profess yet the law as now establish do not take  any notice of such profession and if it be a disability it be not so now  because there be no method of try whether a man be a monk profess or not for  the trial at commonlaw be by the certificate of the bishop but as the law now  stand no bishop can certify a profession of be a monk therefore it will be a  very great hardship if this shall work a incapacity when there be no mean of  try it and if it can be try then it be plain that the law do not take any  manner of notice of it the decree be reverse by the opinion of the other four  against Montague so far as to order that the appellant may bring a ejectment  against the commissioner and try his title at law and that the decree shall  not stand in his way but in a little time afterward sir Laurence take the oath  and receive the communion accord to the church of England and become a  protestant and so enjoy his estate without any far trial modern report er p  michaelmas term the ten of George the first in the year in the court of  chancery the earl of Macclesfield Lord chancellor sir Joseph Jekyll Knt master  of the roll