case in chancery the Lord of Kildare plaintiff sir morris Eustace and other  defendant S c vern a trust of land in Ireland direct and decree here c a lease  for fifty year be make by sir morris Eustace decease in trust for George  FitzGarret that George FitzGarret be attaint of treason in Ireland and a  office find whereby the trust be forfeit to the king and derive Title to the  trust by grant from the king and pray that the defendant who be executor to  the lessee may execute the trust and assign the lease the defendant by answer  confess the lease and trust but that George FitzGarret who be attaint be not  the beneficiary and trust but another person who in truth be a rebel in  Ireland and attaint of treason so as the king have no Title and that if the  king have any Title yet the bill in equity do not lie because if all be true  yet by the Act of the settlement which give all land of the rebel in Ireland  which they or any in trust for they shall be to the king thereby the estate of  the land be in the king and not only a trust and set forth further that those  matter have be question in several suit videlicet whether that sir morris  Eustace the lessee be the same person who be attaint or no or whether the  estate or a trust only vest in the king and that the now plaintiff have have  three suit by bill in equity and also a bill in chancery in Ireland which he  wave I think dismiss and the defendant have two verdict at the bar in Ireland  for his Title videlicet that sir morris Eustace the lessee be not the person  attaint but another of that name and thereupon the case in chancery er p say  Mr e come into England to defend himself the plaintiff do dismiss his bill in  equity in Ireland and exhibit this bill here the Cause be hear here the Lord  chancellor doubt whether as this case be circumstance videlicet after two  verdict and judgement in matter triable in Ireland videlicet which of the two  be the person who be attaint and the point in law upon the Act of settlement  he can not determine it and precedent direct to be search and the chief  justice of the common plea and chief baron of the exchequer to be attend with  they which be do and now the Cause the say judge assist come to a case in  chancery hear and the plaintiff Council sergeant holt Mr finch and other argue  for the plaintiff make the question to be whether a trust of land in Ireland  and the trustee be here in England this court have jurisdiction for though  this court can execute their decree by sequestration or give possession of  land in Ireland yet they can compel the party and in the case of partition the  court here decree account of the profit although they dismiss the bill as to  the partition of the land and though here the court will not grant  sequestration as in the case of partition nor name commissioner in Ireland to  make the partition yet they can compel the party to convey by imprisonment and  otherwise there will be a failer of justice for they in Ireland can relieve  because the party be here and we here because the land be not here and so no  justice can be do and the bill dismiss say quaere for in vern it be say that  the Lord chancellor be satisfy on perusal of the Act that the estate in law  vest in the king but that the plaintiff may notwithstanding be proper for a  decree and hold that this court may well direct a trial whether the person  that forfeit and the beneficiary and trust be one and the same cite sir  William Tyrringhams case who be so powerful that right can not he have against  he in Buckinghamshire the venue be change on a bill bring here for that  purpose and declare that except the defendant will consent to try the identity  here he will decree it without more whereupon a trial be direct to he have by  consent in Shropshire but at the instance of Ch baron turner it be with this  direction that if the verdict go for the plaintiff it shall be without cost  but if against he he shall pay cost and note in the case of Barnwell and  Rochfort bowl Abr a trial be direct touch a feoff of land in Ireland vide vern  case in chancery de term sanct mich year king James h in cancellar