case hill versus Filkin Mod Mod Eq can ab pl see the case of Carteret versus  Carteret post a papist conform at incapable of take land devise to he under  that age queen whether Stephenton a papist have a grandaughter Frances about  fourteen year and a grandson John about twelve year of age devise her land be  about pound per and in Lincolnshire and all her personal estate to three  trustee and their heir two of which be papist in trust to sell to pay her debt  and legacy and to pay the surplus to her grandaughter Frances at her age of  twentyone or marriage if such marriage shall be with the consent of the two  popish trustee and if the say grandaughter shall die before such age of  twentyone or marry without consent that then such residue shall go and be pay  to the say testatrixs grandson there be a petition to the late Lord Cowper for  the educate of this grandaughter under protestant guardian or at a protestant  school and upon a order make by peer William er p the court for her be send to  a protestant school and the person who have the care of her go with her out of  court and tell her he hope she will be in a title time sensible of the error  and superstition of the popish religion she thereupon say I turn heretic I  will soon be tear to piece by wile horse and now the plaintiff hill as  grandson and heiratlaw and devisee over of this trustestate bring his bill in  order to compel the trustee to execute a conveyance unto he peer William prove  that he though educate a papist be turn protestant and have conform whereupon  the only question be whether in regard the granddaughter Frances who be admit  to be a papist at the time of make the devise and at the death of the  testatrix and also at the time of her marriage for she have be marry twice  videlicet once at the Romish chapel be the chapel of the emperor resident and  after the manner of the papist and this be with the consent of the trustee  afterward she be carry in a protestant church accord to the manner of the  church of England upon which last marriage and before her age of eighteen she  conform and turn protestant whether she be entitle to take the trust of the  real estate for it be admit she have a good right to the personal estate and  for her take it be insist that the act against the growth of popery videlicet  the statute of W cap upon which the present question be ground have these view  saint to show a tenderness to infant who judgement be immature and more easy  delude the prejudice of education or any weak argument may induce they in  their tender year to embrace the popish religion but dly it be say the act do  not design that this shall be so fatal upon such infant as for ever to make a  forfeiture of their inheritance but that if such infant papist shall within  six month after their respective age of eighteen conform they shall be restore  to their inheritance nay though they have forfeit it for want of a conformity  within six month after eighteen yet still upon conformity they shall be  restore to it peer William dly that as this statute punish the papist so on  the other hand it intend to encourage those who shall conform by invite they  in upon the prevail motive of interest even the restitution of their  inheritance otherwise it must be think a hard thing in the legislature that  those who under the age of eighteen or eighteen and a half for ever so good a  consideration can not dispose of one foot of their estate shall yet if through  the immaturity of their judgement they be seduce to the Romish religion  forfeit all their inheritance without be able to retrieve it afterward b their  conformity and indeed the first clause enact that every papist or person  profess the popish religion unless they conform within six month after attain  their age of eighteen shall not be capable of take by descent devise or  limitation imply that if they do so conform they shall be capable of take by  descent devise or limitation and therefore to make these two clause which seem  confound each other agree they must be construe to mean that all papist or  person profess the popish religion shall not be capable of take by descent  devise or limitation except such papist as shall be under eighteen and a half  at the time their title accrue to they and that these shall have a opportunity  of retrieve their inheritance by conform that a act of parliament be usual  construe like a will accord to the intent and therefore if one by his will  devise all his land whatsoever to I S in fee and afterward by the same will  devise Blackacre to I n in fee this will may seem to be contradictory by  devise all to one and yet peer William a part to another however such seem  contradiction be thus reconcile videlicet the testator give all but Blackacre  to I S and dispose of Blackacre to I n or in the principle case the two clause  may be thus construe videlicet all papist under eighteen at the time of c and  who shall conform shall by that mean be reintitled to their estate but such  papist as be above that age and who conversion it may be to no purpose to  expect these be to be under a total disability which construction will free  the legislature from that imputation of hardship it may otherwise seem to have  incur and will at the same time both punish the papist and encourage the  convert Lord chancellor by the word and intent of the latter clause the  defendant the grandaughter Frances disable to take by purchase because at the  time videlicet at the death of the testratix be a person profess the popish  religion peer William er p and as to take by devise that be a take by purchase  as be adjudge by the lord in the case of roper and Ratcliff which must now be  dispute bro p c bro PC and ed and so davers v due post vol with respect to the  objection that the word every papist who shall not conform within six month  after eighteen shall be disable to take by descent devise or limitation imply  that if the papist do conform within that age such person shall be capable to  take by descent devise or limitation that seem to be a non sequitur a  affirmative clause may imply a negative but the say that a papist unless he do  conform shall not take by devise do not necessary imply that if he do conform  he shall take by devise c peer William queen autem if act of parliament be not  to be construe like will and if I devise that I S shall not have my land  unless be pay to such a person pound sure upon the pay of the pound he shall  have my land now these two clause be agreeable and reconcilable the first  regard old subsist estate in respect to which it lie a temporary disability on  such as will have take they removable by conformity the latter clause disable  any person profess the popish religion from take any new acquisition by  purchase and as have be observe before take by devise be take by purchase so  all person take by devise be thereby utter disable if they be person profess  the popish religion though under eighteen and a half and be within the latter  clause where there be no word that give they a power of retrieve themselves by  conformity they be for ever bar they be disable by the latter clause and not  within the former but if the infant be so young see the case of Carteret v  Carteret post as that at the time of the accrueing of their title be it by  devise or limitation by reason of the tenderness of their year they be  incapable of embrace any religion then they be aid by the first clause and not  otherwise as if a devise be to the child of a Roman catholic of the age of one  or two year such child by reason of the tenderness of his age be incapable of  profess any religion shall therefore take within the first clause but must  take care to conform before the age of eighteen and a half else he forfeit to  the next protestant heir but it be a disability only within peer William the  first clause it be only until he himself conform and bar not his heir so as to  the word limitation in the first clause if in a settlement of a estate the  land be limit to a papist for life remainder to protestant trustee during his  life to support contingent remainder remainder to the first son of the papist  in tail male and so to every other son successive this first son shall take by  limitation because it be to vest in he upon his birth and at that time such  first son can be say to be a person profess the popish or any other religion  but still he must take care to conform in time videlicet before ei teen and a  half else he forfeit but this forfeiture be only within the first clause it be  but a temporary disability and only until he shall conform without extend to  bar his heir but in the principal case the party at the time when the estate  be to vest in her be a person profess the popish religion and therefore within  the latter clause and perpetual disable to take any thing by purchase and  consequent by devise that she be a person profess the popish religion be plain  first by her choose to be marry in the popish manner in a popish chapel and  more particular by hot have say that soon than she will be a heretic she will  be tear to piece by wile horse it be very true there may be a difficulty  attend this opinion I mean that of fix the boundary of time when a person may  be say to profess the popish religion and in such a case where any doubt  appear it be reasonable that the scale shall fall on the infant side and in  favour of the party who will otherwise suffer but in the present case by  reason of peer William the instance already mention the defendant Frances the  grandaughter plain appear to have be a person profess the popish religion when  this estate be to have vest in her by the death of the testatrix the  consequence of which be that she be disable by the second clause a d they who  be disable by the second clause be never intend to be aid by the first they  eat forever disable without a possibility of retrieve themselves by any  conformity also it be my opinion that the first clause in relation to a papist  take by descent which be in no sort within the second clause do extend to  those who take by descent peer William er p though they be pass the age of  eighteen and a half at the time when their title accrue so as to lie they  under a temporary disability videlicet until they conform then as to equitable  circumstance I can see any in favour of the granddaughter it seem plain that  she be the elder of the two grandchild have give the great hope of her be a  papist and for that reason be prefer to her brother the heir of the testatrix  which be a hardship upon he as it be a hardship upon a heir who be favour in  all court both of law and equity on the contrary it can be a hardship that the  grandaughter shall lose that estate which be plain give her as a reward for be  a papist when she be turn protestant if that be so I own for my part I can but  believe there be some private trust lodge in the trustee that the grandson  shall have the estate if he be a papist also some secret term on peer William  this marriage of the grandaughter with Filkin that she shall enjoy her  religion c else why so much haste to marry a girl of fifteen to one who have  no estate can make no settlement upon her therefore let the bill be amend and  both the trustee and the defendant Filkin the husband shall answer to these  matter and then I will have the assistance of the judge as be do in the case  of Ratcliff and roper for though the estate in question be small yet probable  it be a contrivance of the papist to bring this point to a determination which  in some aspect may seem favourable to they and have not yet be settle the  clause of the act upon which these question arise be repeal by statute George  cap and as I presume this be intend to be carry elsewhere for that reason let  it appear with all its circumstance and in regard both side pretend great  poverty and this suit may be Chargeable let each party have pound pay by the  trustee out of the profit this case come on afterward videlicet in June to be  hear upon the amend bill before Lord chancellor king who decree in favour of  the defendant contrary to the opinion of Lord Macclesfield