Barnardiston king b the swordblade company and Dempsey vide ante Vol I on a  writ of error upon a judgement in the court of exchequer in Ireland give in a  ejectment that be bring for the moiety of the will and territory of Kilcommore  and of the moiety of the will and territory of Kanymore in king county  Barnardiston king b er p upon the demise of jane Mackgawley Mr Robinson say  that the fact state upon the record be that a trial at bar be have upon this  ejectment in the court below and that the title prove in evidence for the  plaintiff there be as one of the sister and coheir of Thomas Leicester who die  seize in fee of these two township and territory inter alian and leave the  plaintiff jane and one mary nugent his coheir at the time of his death which  say jane and mary enter into the say premise in and thereof make partition  that the moiety of these will and territory now in question be allot to the  plaintiff whereupon she enter and be possess till the defendant eject her the  record then set forth that the defendant go into their title and they first  produce in evidence certain inquisition take in the several county in Ireland  at the time of the late war of all such rebel as be slay there on account of  their fortune and estate which inquisition be make in pursuance of certain  commission issue out for that purpose they then produce a Act pass in the  parliament of Ireland W by which it be provide that all papist or repute  papist slay in open rebellion in that kingdom and find so by any inquisition  take within two year then before shall be consider as attaint of high treason  to all purpose whatsoever and that thereupon their land tenement good and  chattel shall be vest in the crown they far give in evidence a Act pass in the  parliament of England W by which it be provide that the land tenement good and  chattel of all such person find by inquisition to have be slay in actual  rebellion within the kingdom of Ireland since the that of February shall be  vest in certain trustee to be sell in order that the money arise from such  sale may be apply to the use of the public it be then prove that Thomas  Leicester be find by inquisition to have be slay in open rebellion between the  say that of Feb and the time of make this Act that the defendant purchase the  land in question of the say trustee on the that of June the record then far  set forth that the plaintiff below offer to produce evidence that Thomas  Leicester be no papist nor repute papist and in order to be let into this  evidence it be prove that a former ejectment have be bring by the swordblade  company against the say jane Mackgawley of the land in question upon that  trial the same sort of evidence be produce for the then plaintiff and  notwithstanding the inquisition and all this proceed it be insist upon that  the plaintiff shall prove that Thomas Leicester Barnardiston king b be a  papist or a repute papist and accord the then plaintiff be allow to give  parole evidence of that fact the then defendant upon that sign a bill of  exception a writ of error be bring in the exchequerchamber in Ireland upon  that judgement and the judgement of the court of exchequer which be give for  the then plaintiff reverse another writ of error be upon this bring into the  house of lord and the judgement of reversal be reverse itself and the  judgement of the court of exchequer affirm the record set forth that accord  this parole evidence that Thomas Leicester be no papist nor repute papist be  allow by the baron in the present case and thereupon the counsel for the  defendant below insist upon a bill of exception which be accord sign and now  the whole fact appear upon this bill of exception as return and likewise it be  set forth by the record that the baron give judgement for the plaintiff which  Mr Robinson say he submit it be erroneous he observe that it be by no mean  clear that there be any necessity to prove Thomas Leicester a papist or repute  papist he do agree that the Irish Act confine itself to such person only but  the English Act speak of all person in general that be find by inquisition to  have be slay in actual rebellion between that of Feb and the time of pass that  Act but if that question be to be enter into whether papist or not papist he  submit it that parole evidence of that sort ought not to be admit especial  after so great a length of time he say in not one of the form of these  inquisition be it ever mention that the party slay in rebellion be a papist or  repute papist and therefore from the fact not be mention in the inquisition no  argument can be draw that the fact be not so he say likewise that there be  another English Act pass Ann by which it be provide that all person have any  right or title to the land in Ireland purchase by the swordblade company shall  enter their claim in some court of record in Ireland within two year to be  compute Barnardiston king b er p from the that of June then next follow he say  Patrick Mackgawley husband of the say jane do enter his claim for her within  the two year but in that claim never set up this for a title that Thomas  Leicester be not a papist nor repute a papist and therefore he apprehend the  court will not suffer he to do it now he say likewise that he shall submit it  that there be a material fault in the declaration for the plaintiff have bring  his ejectment among other thing of the moiety of a will or territory for which  a ejectment will not lie and therefore as there be entire damage give the  plaintiff can recover to this purpose he cite more cro roll Rep side keb Yelv  salk Carth Mr Bootle on the other side say that he be surprise to find it make  a question at this time whether it be necessary that Thomas Leicester shall  have be a papist or repute papist at the time of his be slay in this rebellion  in order to Barnardiston king b give the present plaintiff a title to these  land for that he be credible inform that this be never offer to be dispute in  this ejectment before the baron nor in the other ejectment that be bring  between the same party for these very land and wherein the judgement of the  court of exchequer be affirm in the house of lord Feb he say therefore that he  apprehend the court will hardly enter into that question then as to the second  he submit it that the parole evidence even at this day be very proper he say  the husband of jane Mackgawley do enter her claim within the time prescribe by  the statute of whether and therefore it can not be pretend that the present  ejectment be bring too late but whatever claim he then make that can certain  not conclude her now from allege a different one however if there shall be any  doubt whether this very claim ought not to have be enter upon record and  consequent whether this parole evidence shall not be now refuse he say the  present plaintiff must be estopped from make this objection because it appear  by the record that they themselves go into this sort of evidence in the former  ejectment then as to the last objection he say he do believe in former time  the judge will not allow ejectment to be bring of thing which be so uncertain  as a will or a township but of late time the court have not tie themselves up  so strict for this purpose he cite cro side Mod Mod and in light Rep it be  hold in particular that a ejectment will lie for the moiety of a manor and  therefore he think there will be little doubt with the court as to this  objection and as to the word territory he be inform that in Ireland that be of  the same signification with a will but if the court shall have any doubt in  that respect they will write to the judge in Ireland to be inform as to this  matter by certificate the court say that they believe they shall get over this  objection as to the uncertainty of the thing for which the ejectment be bring  but as to the other matter they be proper to be far consider of vide post