case MATLEM vers BINGLOE ux all in c b enter trin geo a papist may devise his  estate to be sell in order to pay money which he owe other papist  notwithstanding the statute W c Eq Abr pi S c infra p this be a action of  ejectment on the demise of John marsh and John amias of a message garden  orchard acre of land and of meadow and of pasture in Woodrising in the county  of Norfolk make on the that of April Geo for sixteen year at the assize at  Norwich on the that of July last before chief justice Raymond a special  verdict be find to this effect John bedell be seize in fee of the premise in  question on the saint of February and be a papist and die so seize on the that  of February comens that George bedell his brother and heir be bear on the  saint of August and be under the age of eighteen year at the time of make the  Act for the further prevent the growth of popery and of the age of twentyfour  year at the time of his brother death on who death he enter into the premise  as heir to his brother but be a papist and continue so to his death and never  take the oath nor subscribe the declaration car by will date the that of  August George bedell devise the land and tenement in question to John marsh  and John amias and their heir to the use of they and their heir on trust that  they in the first place by and out of the rend and profit or by mortgage or  sale c raise money sufficient to pay all the debt he shall owe at his decease  to John marsh and all his other debt and legacy and funeral charge and the  charge in execute the trust then to pay a year to his sister Elizabeth wife of  John Matlem for her life and a year apiece to his sister Isabel and mary for  their life and subject to these trust shall permit Robert son of John Matlem  to receive the residue of the profit of what remain unsold till the age of  twentyone and then shall convey to Robert Matlem and his heir and die on the  that of August that four day before his death Elizabeth wife of the defendant  John Bingloe who be his sister and next of kin and a protestant enter and take  possession that after his death John marsh and John amias the trustee enter  and demise to the say Robert Matlem the plaintiff for sixteen year who John  Bingloe and his wife oust and upon this demise he bring his ejectment the  general question be whether George bedell be under eighteen at the time of the  make of the statute c attain afterward his full age and not take the oath or  qualify himself as that statute require can make the devise to these trustee  who be comens protestant upon trust for payment of debt and legacy and  afterward for Robert Matlem a protestant and as to that point it be argue by  sergeant wright for the plaintiff that a comens er p papist notwithstanding  the statute W be enable to dispose of his estate by will he have the freehold  in he he be seize else be can not convey and as he may convey by deed so he  may likewise devise it be true if he devise to a papist such devisee be  disable by that statute to take for the devisee must take by purchase so if he  devise to protestant in trust for papist or to raise money or pay legacy such  trust or legacy will be void and that be the case of roper and Ratcliff and in  easter term on the that of man Geo judgement be give for the plaintiff by the  whole court and chief justice will give the reason of the judgement videlicet  that though George bedell be under eighteen at the time of the make of the  statute W yet after profess himself a papist and not take the oath he be  disqualify as well as other papist yet the disability incur by this statute be  very near the word in the statute I James saint James c a which do not prevent  his have or be seize of the estate and consequent he may dispose of it he may  take any personal legacy or gift so that he can be resemble to a monk c he may  bring waste nay be may take a real estate sub modus c he take for the benefit  of his protestant heir till be conform and for the benefit of himself when he  conform the inheritance must be in some body it can be in the king for it be  give to another it can be to the next of kin for he have but the rend and  profit it can be in his heir for no one be haeres to live Thornby above p b  and comens Fleetwood on the stat I James and hob on the stat saint James c a  James show that they who be papist be seize notwithstanding those statute and  clause which give papist action of debt and waste strengthen this construction  beside it seem most agreeable to the intent of the legislator which wag to  encourage the bring papist estate into the hand of protestant which be best do  if they may devise or convey to they as to the trust upon which this estate be  devise the annuity and legacy be all to protestant and the remainder be to  Robert Matlem a protestant but it be object that if a papist can devise his  estate to be sell for payment of debt be may run in debt to papist and so sell  his estate from his protestant kin but it be not find that any debt be due to  a papist and it shall not be intend that they be so it will be time enough to  consider this when it come to be the case but a papist may sell his estate and  give the money to papist why may he not devise it in order to pay what money  be owe they judgement be give for the plaintiff