case richard burke plaintiff richard morgan defendant in error saint January  see I Vict c S a papist in Ireland can make a will but his land shall descend  to all his son equal yet if the heir conform within a year after he attain his  age of he may enter the point of this case be thus more accurate state in vin  and Eq ab a will shall have relation only to the testator death for till his  death he be master of his own will and therefore a will of a papist in Ireland  be hold to be avoid by a subsequent statute make in that kingdom enact that  the land of papist there shall not be devisable but descend in gavelkind in  the ms table so often cite both point be state as above see this work title  statute will bro p c ib by a statute make in Ireland saint September the heir  of a papist must file the bishop certificate of his conformity within a year  after his age of yet he may conform and file the certificate before his age of  the act be mean only as a encouragement for person to renounce popery  judgement of the Irish exchequer and exchequer Chamber affirm viner vol p can  vol p can vol p can Eq can ab can on the trial of a ejectment bring by the  defendant Morgan in the court of exchequer in Ireland for recover certain land  in the county of Mayo the jury find a special verdict to the effect follow  videlicet that Henry black sen have issue Patrick black his old son and John  his second son and that Patrick die in in the life time of his father leave  issue Henry brown that lessor of the plaintiff his only son and heir then a  minor That the say Henry black sen be seize in fee brown er p of the premise  in question duly make his will date the that of January whereby he devise the  say premise to one Anthony brown a papist and his heir to the use of his  daughter Catherine for life with remainder to the use of the say John black  for life remainder to the use of all and every the son of the say John black  for their life successive remainder to their several son in tail male  successive with several other limitation over whole disinherit the say Henry  black his grandson and heirapparent and leave he only pound to be raise out of  the rend and profit of the premise and to be pay to he at his age of year and  not before declare that if his say grandson shall molest any person to who any  estate be thereby limit by claim the same or any part thereof then the say  devise to he of the say pound shall cease That by a act of parliament make in  Ireland the saint of September in title a act to prevent the further growth of  popery it be enact that all land tenement and hereditament whereof any papist  then be or shall thereafter he seize in feesimple or feetail shall be of the  nature of gavel kind and if not sell alien or dispose of by such papist in his  lifetime for good and valuable consideration of money real and good fide pay  shall for such estate descend to and be inherit by all and every the son of  such papist in any way inheritable to such estate share and share alike and  shall not descend to the old be a papist as heir at law only and for want of  such issue shall go to all and every the daughter etcetera and not otherwise  notwithstanding any grant settlement or disposition by will or otherwise that  shall be make by such papist other than such sale alienation or disposition as  aforesaid proviso that if the old son or heir at law of such papist shall be a  protestant at the time of the decease of such papist the land whereof such  papist shall be so seize shall be decree to such old son or heir at law accord  to the course of the commonlaw of that kingdom so as the certificate of the  bishop of the diocese wherein he shall inhabit testify his conformity to the  church of Ireland as by law establish shall he enrol in chance within three  month after the decease of such papist and if the old son or heir at law of  such papist whey shall at the time of the decease of such papist who heir at  law he be be of the age of year shall become a protestant and conform himself  to the establish church of Ireland within one year after the decease of such  papist or be then under the age of year shall within one year after he shall  attain that age some a protestant and conform himself as aforesaid that when  from the time of the enrolment in chancery of the bishop certificate testify  his be a protestant and conform himself in manner aforesaid such enrolment be  make within such year he shall be entitle unto and shall brown have and enjoy  from thenceforth the whole real estate of such papist as he may have do if he  have be a protestant it the time of the decease of such papist a  aforesaid  That by another act of parliament make in Ireland the that of may  entitle a act for explain and amend a art entitle a act to prevent the further  growth of popery it be enact and declare that the say gavel kind clause shall  take effect from the first day of that session of parliament wherein the same  be make which be the saint of September and that no person or person who have  turn or shall turn from the popish to the protestant religion as by law  establish shall be deem or take to be a protestant within the intention of  that act or shall take any benefit the bishop certificate unless thereby  notwithstanding such convert shall procure such person or person shall within  the space of six month next after declare himself or themselves a to be on  sale or protestant or within six month after such person or person shall  attain the age of year take and receive the holy sacrament of the lord supper  accord to the order and usage of the church of Ireland and make and subscribe  the declaration pursuant to the say act to prevent the further growth of  popery and shall also take the oath of abjuration and file in the say court of  chancery of in some other of his majesty four court aft Dublin a certificate  or certificate thereof in like manner as the bishop certificate we to he  filed  That the say Henry black sen on the d of march die seize in fee of the  premise and be all his lifetime a papist and that the say John black at the  time of his father death be a papist that the say Henry black jun at the time  of the decease of his say grandfather be papist and that all the legatee in  the say will name except the say Henry black jun be at the time of find the  brown er p verdict papist that the say Henry black jun on the that of july  conform himself before his grace William Lord archbishop of Dublin to the  church of Ireland as by law establish and on the that of the same month file a  certificate thereof in the court of Chancery That on the that of October  follow he take the sacrament of the lord supper accord to the usage of the  establish church of Ireland and on the that of the same month take the oath of  abjuration and make and subscribe the declaration and on the that file a  certificate thereof in the say court of chancery and that the say Henry black  jun conform himself to the church of reland as by law establish at the time in  the say certificate mention and a a by the say several act of parliament be  required That the say Henry black jun be grandson and heir of the say Henry  black sen videlicet son and heir of the say Patrick black who be old son and  heir apparent of the say Henry black sen and that the say Henry black jun at  the time of the verdict be within the age of year videlicet of the age of year  brown the jury then find the demise etcetera and conclude in the usual manner  on argue this verdict in the say court of exchequer judgement be unanimous  give for the lessor of the plaintiff and that judgement be affirm on a writ of  error in the exchequer Chamber the defendant therefore bring the present writ  of error against both judgement insist n Lechmere W peer William that as the  will of Henry black the grandfather be make before the first act of parliament  and as thet will must be admit to be a good one at the time it be make neither  of the act of parliament which be both subsequent to the will ought to be  construe so as to make that will void which before be good that it be very  hard in any case for the law to have a retrospect and especial in the case of  a penal and disable law and it be contrary to such construction as have be put  upon act of parliament of the like nature that if such a construction be now  to take place so as to set aside the will the act of parliament ought to have  very plain and express word for the purpose whereas such word be not only  whole want in the present act but as it be pen it seem rather to import the  contrary but suppose this point to be against the plaintiff in error and that  the land in question be by virtue of the act to descend in gavelkind yet the  lessor of the plaintiff have not by his pretend conversion entitle himself to  these land for by the first act the protestant convert ought to file the  certificate of his conversion within a year after his attain the age of which  in the present case be not do the lessor of the plaintiff be at that time and  long afterward a infant consequent he have not comply with the act the word of  which be plain and positive and its meaning undoubted be to engage a steady  and sincere conformity and not such a one as a infant may under the temptation  of gain be induce to make and afterward retract even during his infancy in  support of this judgement it be agrued t powys r Raymond that though the  testator will be make before the first act take place yet he do not die until  five month afterward and it be well know that no estate can he say to be  dispose of by will until the testator die that in this case the testator may  have revoke his will and either by deed or otherwise have give the estate to  who he please as he continue to be seize in fee and in possession and have all  possible power over the estate during his life that the act say when the  papist die seize in feesimple the estate must descend in gavelkind ergo to the  protestant heir and therefore as the testator die seize in fee after the act  be make and have acquire the force of a law which in itself be a revocation of  the will the circumstance of the will be make before the act take effect ought  not to be construe such a disposition of the estate as oh prevent the  protestant heir from have the benefit which the parliament clear intend for  such heir brown as shall renounce popery and conform themselves to the  protestant religion that the whole design of the act be to give encouragement  to person profess the popish religion to renounce the error of that persuasion  and conform to the establish church and for which purpose upon comply with the  form of the act they be to be exempt from the disability which without such a  compliance they will avoidable incur that the purport of the act make it  absolute necessary to limit a certain time for the conversion of a popish heir  and the enrolment of his certificate in order to prevent the many  inconvenience which may otherwise brown er p arise but the act in give such  heir a year far his conformity after he shall attain design he a favour namely  that he shall have a reasonable time to conform before he shall be deprive of  the inheritance which but for this act he will by law have be entitle to but  it can never be the design of the legislature that person conform within the  time limit for their conversion shall not at least be equal entitle to the  benefit and encouragement of it with those who conform at the time and thereby  persevere in their error to the utmost period of their be able to do it with  impunity accord after hear counsel on this writ of error it be order and  adjudge that the judgement give in the say court of exchequer and the  affirmance thereof in the exchequer Chamber shall be affirm and that the say  writ of error with the transcript of the record shall be remit to the say  court of exchequer in Ireland to the end the say Richard Morgan may have  execution of the say judgement as if no such writ of error have be bring into  the house and it be further order that the plaintiff in error shall pay to the  defendant in error the sum of pound for his cost in the house jour vol p