case construction and resolution relate TO papist by stat W a papist be not  only disable from purchase land himself but also from take either by devise or  settlement but the stat of will be repeal in these respect by stat Geo c by  the statute of the W cap sect for prevent the growth of popery it be enact  that after the that of September every person educate in or profess the popish  religion who shall not within six month after their attain their age of  eighteen year conform as therein be mention shall in respect of himself and  herself only and not in respect of his or her heir or posterity peer William  be c disable and make incapable to inherit or take by descent devise or  limitation in possession reversion or remainder any land tenement or  hereditament and that during the life of such person or until he or she shall  conform the next of such person kindred which shall be a protestant shall have  and enjoy the say land peer William er p tenement and hereditament without  account for the profit thereof but in case of any wilful waste commit upon the  premise by the next protestant heir or by any other by his licence or  authority the say protestant heir shall be liable to cc answer Triple damage  to the person disable to be recover by the person disable against the next  protestant heir his executor or administrator also after the that of April  every papist or person make profession of the popish religion shall be disable  and incapable to purchase in his name or in the name of any person in trust  for he any manor land or tenement or profit out of the same but all such  estate term or interest shall be void these clause be not recite verbatim as  they stand in the act but be to the same effect upon the construction of these  two clause in the great case of roper and Ratcliff it be decree for the papist  by Lord Harcourt mich annae assist by the two chief justice the master of the  roll and Mr justice Powel c I Parker active opponent but that decree be  afterward reverse in the house of lord bro p c and Edward bro p c Mod Mod and  it be determine against the papist videlicet that a papist above the age of  eighteen and a half be not capable of take land by a devise and that the word  purchase in the latter clause be use in contradistinction to the peer William  word descent notwithstanding it be urge that the expression of purchase by a  papist especial when the word follow videlicet in his own name or in the name  of another in trust for he must be intend where such papist be active and do  something for himself whereas in case of a devise to he or settlement upon he  there the person take be mere passive and may know nothing of the matter  before it be do however it be now settle by the house of peer that either a  devise or settlement to a person profess the popish religion of above eighteen  year and a half be void and the person not capable of take the act intend  utter to disable the papist of that age to take any new acquisition or what be  not his ancient inheritance in the same case of roper and Ratcliff it be  determine that if land be devise to be sell in trust in the first place to pay  debt and legacy and to pay the surplus to I S a papist I S be render incapable  by the latter clause of this statute to take the surplus forasmuch as it be a  profit arise out of land and such devisee by lie down the money may prevent  the sale and if such contrivance be to prevail the statute will signify little  or nothing so though this surplus be make Payable to a person at a future day  videlicet at twentyone or marriage with a devise over if the first devisee  shall die before twentyone or marriage vide atk as to the ground of this  determination so if land descend to a Roman catholic above the age of eighteen  and a half this be a descent be not within the latter but be within the first  clause and such papist shall not be capable of take until he do conform but he  by the word of the act be disable to take in respect of himself only and not  in respect of his heir peer William for further particular on this statute see  the follow case