case robert cusack ux appellant William Bulkley respondent that march Mews dig  twelve by the Irish act of parliament for prevent the growth of popery papist  be disable from hold lease of land for any term exceed year and under a rend  of not less than two three of the improve yearly value at the time of make  such lease the court of chancery may upon evidence determine the question of  value without send it to a jury and may also give full relief to a protestant  discoverer under those act without put he to his remedy at law decree of the  commissioner of the Irish chancery affirm by a act of parliament make in  Ireland Ann entitle a act to prevent the further growth of popery it be  enacted  That every papist or person profess the popish religion brown shall  from and after the that day of march be disable and make incapable to buy and  purchase any manor land or tenement or any rend or profit out of the same or  any lease or term thereof other than any term of year not exceed year whereon  a rend not less than two three of the improve yearly value at the time of make  such lease of the tenement lease shall be reserve and that all estate term or  interest other than such lease not exceed year from and after the that of  march to be buy and purchase by or for the use of any papist or person profess  the popish religion shall be utter void and of none effect to all intent  construction and purpose by another statute make in that kingdom Ann for  explain and amend the former act it be enact that all collateral and other  security by mortgage judgement statutesmerchant and of the staple or otherwise  howsoever which have be make or enter into to support or make good any bargain  sale confirmation release feofiment lease or other conveyance contrary to the  say former act shall be null void and of no effect to such person or person so  purchase any of the say land or tenement in trust for or for the benefit of  any papist or person profess the popish religion as likewise to any such  papist or person his her or their heir and assign respective and that all such  land tenement and hereditament so convey or lease or to be convey or lease to  any papist or to the use of or in trust for any papist and all such collateral  security to secure and make good the same may be sue for by any protestant or  protestant by his her or their proper action real personal form find on that  act in any of her majesty court of law or in any court of equity if the nature  of the case shall require it and the plaintiff or demandant in such suit upon  proof that such purchase or lease be make in trust for any papist or under any  confidence to or for any papist or for his her or brown er p their benefit or  advantage by recieiving by receive the rend issue or profit thereof or  otherwise shall obtain a verdict and judgement or a decree thereupon and shall  recover the same and have execution to be put into the seize and possession  thereof to hold and ennjoy the smae accord to the estate use trust interest or  confidence which such papist shall have have therein have he she or they be  qualify to purchase hold or enjoy the same and for the better discovery of  such trust for papist it be therefore further enact that it may be lawful for  any protestant or protestant to prefer one or more bill or bill in her majesty  high court of chancery or exchequer against any person or person concern in  any such sale lease mortgate or encumbrance and against all person privy to  such trust and confidence and compel they to discover and detect the same to  which no plea or demurrer shall be allow and that such answer shall be good  evidence against the defendant in action to be brown bring upon that act and  all issue in action and suit find upon that act shall be try by none but know  protestant Maximilian Grindon be seize in fee of the land of Philpotts town  and Dunderry in the county of meath in Ireland by indenture of lease date the  that of may demise the same to Patrick cusack a papist the appellant Robert  father for year at the yearly rend of pound over and above quit rend and tax  by article date the that of may make on the marriage of the appellant which be  after the first act against popery take effect the say Patrick cusack covenant  to demise to his say son the appellant Robert the say land of Dunderry among  other for the then unexpired residue of the say Patrick term and accord by  deed under his hand and seal date the that of the same month he do demise the  say land to the appellant Robert for year be the remainder of his say term and  under this lease the appellant Robert enter and enjoy accord on the that of  November the appellant Robert obtain from the say Maximilian Grindon a lease  of the say land of Philpotts town and Dunderry for a term of year to commence  from the expiration of the former lease to Patrick cusack which be not till  may at the like yearly rend of pound over and above quit rend and tax so that  the appellant Robert who be likewise a papist have then a subsist interest in  the say land of year in Grindon convey the inheritance of these land to one  bruen Worthington to who the appellant Robert attorned tenant and pay his rend  accord but in Trinity term the respondent exhibit his bill in the court of  chancery in Ireland against the say Patrick cusack and Margaret his wife and  the appellant Robert state that the say lease for year make to Robert be take  in trust for the say Patrick cusack and his wife who be both papist but that  if it have be make to Robert for his own use yet as he be also a papist and as  the lease itself be to commence in reversion and the rend reserve be less than  two three of the improve yearly value he the say Robert be not capable of take  the benefit thereof and therefore the bill pray that the plaintiff may have  the benefit of the say lease as a protestant discoverer accord to the say act  of parliament the defendant Robert by his answer to this bill deny that the  lease in question be in trust for his say father or mother or any other person  and insist that he be capable of take the same notwithstanding the say statute  for that the rend reserve be more than two three of the improve yearly value  of the land at the time of make the say lease The other defendant answer to  the same effect and soon afterward the defendant Patrick die brown on the d of  February the cause be hear before the Lord chief baron Gilbert and Mr justice  macartney two of the lord commissioner for hear and determine cause in the  court of chancery in Ireland when it be order and decree that the say year  lease shall be in trust for the plaintiff as a protestant discoverer upon the  say act of parliament and that he his executor administrator and assign shall  have and enjoy the full benefit term and interest in the say land as the  defendant Robert be by the say lease to have do and that the say defendant  Robert shall account with the plaintiff for the rend and profit of the premise  from may when the say lease commence and it war refer to a master to ascertain  the same and a injunction be award to establish and quiet the plaintiff in the  possession of the say premise during the say term brown er p the defendant be  dissatisfy with this decree apply for a re hear upon the ground of the court  be have determine without a trial at law that the rend reserve on the lease be  at the time of grant it less than two three of the improve yearly value of the  demise premise and have find their decree single on that position though the  contrary be prove in the cause by person well acquaint with the value of land  in general and the nature and condition of that farm in particular accord on  the that of February the cause be reheard before the Lord chief justice foster  and Mr baron saint leer two other of the commissioner for hear and determine  cause in the say court of chancery in Ireland when the court be of opinion  that by the first act of parliament papist be disable from take lease in  reversion for year even at twothirds of the improve value resemble it to the  case of a tenant for life with power to make lease for year where it have be  hold that the power extend only to make lease in possession but this point be  much debate the court take time to consider and on the that of the same month  affirm the former decree in to the master by his report of the that of April  certify that there be due the plaintiff for the profit of the say land for two  year from may at sacred scripture per acre which be the low that even the  defendant own witness have prove the same to be worth the sum of pound S and  this report be afterward confirm but instead of pay the money so report due  the defendant appeal from both the decree insist S Cowper c Phipps that the  court of chancery a no jurisdiction or authority by the say act of parliament  to make such decree or order the nature of the case not require relief in a  court of equity in regard there no trust or executory agreement to be perform  and therefore if the respondent as a protestant discoverer or informer have  any colour of right or title to the premise he ought to have sue for the same  by a proper action at law accord to the direction of brown the act oh annae  and the utmost he can have hope for in a court of equity be a discovery on  oath to be make use of as evidence at law that where there be a variety of  evidence touch the yearly value of the land as in the present case there be  the court of chancery ought not to have make a decree on that foundation  unless the real yearly value have be first ascertain by a verdict that  notwithstanding any thing contain in the say act of parliament it be apprehend  that papist wear as well qualify to take and buy lease for year either in  possession or reversion at two three of the improve yearly value as they be  before the make of the first act in regard the exception out of the disability  be not confine to lease in possession and therefore papist as to lease for  year whether in possession or reversion be leave as much at large as they be  before the make of the statute provide twothirds of the improve value be  reserve and if the legislature have mean to exclude papist from take lease for  year to commence in future they will have express themselves in the flame  manner as other disable statute be pen by say other than any term not exceed  year from the time of make or grant such lease that the case of a tenant for  life with a power to make lease for year so much rely on at the hear bear  little or no resemblance in point of reason with the present case for there  the tenant for life by reason of the narrowness of his estate want a express  power to enable he and as that power tend to charge the reversion or remainder  of a three person it be of course to be construe strict and restrain as much  as the word will bear whereas in this case it be not pretend that there be any  want of power in the lessor but new disability be suppose to be bring upon the  lessee which be against common right ought to be construe strict and the  exception out of it be by necessary consequence to be expound most beneficial  for the lessee and extend as far in his favour as the word in the exception  can possible admit and that without strain the proviso relative to lease  papist be effectual disable to make any acquisition that may be prejudicial to  the protestant interest of that kingdom they be by another clause in the say  act utter exclude from enjoy the estate of a protestant and their own estate  be descendable in gavelkind unless sell to a protestant on the other side it  be contend t Lutwyche r Raymond that the whole scope and tendency of the two  act be for the better settle support and en brown er p courage the protsestant  interest in Ireland and for reduce the power and influence of papist by lessen  their estate and interest in land in that kingdom and therefore those act  ought to be construe in the most liberal sense in favour of that religion and  interest for who encouragement they be make that if upon the construction of  the act papist shall be allow to take lease for year to commence in reversion  they may by parity of reason take reversion upon reversion so as at once to  brown settle the land of Ireland in the hand of papist for any number of year  to come that it be plain from the lease and write produce and read at the hear  of the cause that the appellant Robert a papist have in he at one and the same  time a interest for fortyone year which make the lease for thirtyone year void  and that all the witness on both side agree in their testimony that the rend  reserve on the lease for year do not amount to twothirds of the yearly value  of the land and therefore to direct a issue at law as the appellant will have  have will have be to give he a opportunity of supply the defect of his former  evidence which may possible prove a inlet to perjury and consequent be not to  be permit by a court of equity accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the several decree  therein complain of affirm jour vol p