case brockhill Newburgh and another appellant henry Newburgh respondent d  April Mews dig way old rend roll admit as evidence to prove feefarm rend there  have be annunity of possession for above year and be so ancient it can not be  imagine they be fabricate to serve the present purpose but a inquisition post  death be not evidence unless it be prove that a commission be ever issue to  warrant it viner vol p can king James I by letter patent date that June grant  to John tailor and his heir several considerable quantity and pole of  plantation land in the county of cavan in Ireland amount to acre and create a  manor thereof by the name of Agheteduffe with a court baron to be hold in  socage of the castle of Dublin at the rend of pound per and in which brown  letter patent be several clause and provision relate to the plantation and  improvement of the premise and for the patentee to grant feefarms to person of  British extraction and also several advantageous privilege and immunity to  encourage the patentee and his feefarmers to build upon the land in pursuance  of this patent tailor on the that of July grant several part of the premise to  one Robert reader in feefarm and he afterward make like grant of other parcel  thereof to other person on the death of John tailor this manor together with  the rend reserve upon the feefarms descend to brockhill tailor his son and  heir who be desirous to procure some far royalty and advantage on the that of  October obtain from king Charles I new letter patent of the say manor with a  additional grant of all tithe within the same a court leet waif estate market  fair toll free warren and liberty to build a tan house under a new rend of  pound and S more in respect of the market and fair and the manor be from  thenceforth to be call by the name of Agheteduffe alias Ballyhaise and the  patentee be thereby also empower to grant feefarms to person of British  extraction which he accord do in July brockhill tailor die leave two infant  daughter namely Elizabeth and mary who thereupon become entitle to the say  manor and feefarm rend in moieties as his coheir and on the that of April  during their infancy their brown er p guardian procure new letter patent to be  grant for the confirmation of the say manor and premise to they in Elizabeth  marry Humphrey perrott the appellant perrott grandfather and in mary marry  Thomas Newburgh the father of the other appellant and of the respondent in  perrott and Newburgh and their wife make a partition of this manor and of the  feefarm rend on which occasion the great part of the demesne be allot to  perrott and the feefarm rend to Newburgh who have also a rend of pound S d  reserve out of perrott share in order to make the partition equal and in  Newburgh purchase from reader and other several of the feefarms and thereby  become seize thereof in his own right in fee and be before entitle to the rend  thereof in right of his wife there happen to be a unity of possession of the  same during the remainder of his life Thomas Newburgh have issue by the say  mary his wife two son namely Thomas and the appellant brockhill and after her  death he marry Letitia Vaughan by who he have issue the respondent Thomas the  father afterward make four several will in all of which he dispose of the  feefarms which he brown have purchase and in two of they he devise the same to  the appellant brockhill his second son by his first wife particular specify  each farm of who purchase and what rend be issue thereout but have make other  provision for his say second son by land of inheritance in England and Ireland  he on the that of may make his last will and thereby devise all his feefarms  within the say manor of Ballyhaise to the respondent and his heir and in a few  day afterward the testator die whereupon one moiety of the say manor and of  the feefarm rend descend to Thomas his old son as heir of his mother and the  respondent be at that time a infant of only seven year of age the say Letitia  his mother and guardian enter upon all the say feefarms so devise to he except  only five small tenement in Ballyhaise and acre part of two pole call  Agheteduffe and Crosreagh which lie intermix with other land in the manor in  Thomas the son die without issue whereupon his moiety of the manor and feefarm  rend descend to the appellant brockhill as his brother and heir who accord  enter upon the same and also the five tenement and the acre of intermix land  which belong to the respondent some of the original grant of these feefarms  and also some of the mesne conveyance thereof to Thomas Newburgh the father  have be lose or destroy in the troublesome time in Ireland or by some other  accident the respondent be not able to proceed at law for the recovery of the  premise so withhold from he by the appellant brockhill and therefore in  Michaelmas term he exhibit his bill against both the appellant in the court of  exchequer in Ireland pray possession of these land and tenement and a account  of the rend and profit thereof the appellant brockhill take advantage of the  loss of these write soon afterward serve ejectment upon the respondent tenant  in order to evict he of the other feefarms of which he have be in the quiet  possession ever since his father death whereupon in June the respondent  exhibit his supplemental bill pray a injunction to restrain these proceed and  to be quiet in his possession the defendant by their answer to these bill  insist that all the feefarms which have be grant either by the say John tailor  or Brockbill his son be forfeit extinguish or destroy by one or both of the  patent grant to the say brockhill tailor or his say two daughter and by two  act of parliament make in Ireland in the that and that year of king Charles I  relate to the plantation county or otherwise that the say several feefarms be  repurchase by the say brockhill tailor in his lifetime and that the say Thomas  brown Newburgh the father have not any title to or power to devise the same on  the that of February and on the that of July this cause be hear when the  plaintiff have make satisfactory proof by deed ancient rentroll and other wise  of the grant of the feefarms in question and of a constant possession and  enjoyment thereof as well before as after the pass of the say two act of  parliament the court be unanimous of opinion that the plaintiff have a good  light to the say several feefarms under his father will and that the say two  act of parliament be principal intend for the confirmation and maintenance of  the feefarmers estate brown er p and interest in the plantation county in  Ireland and therefore decree that the plaintiff shall hold the land for which  the ejectment be bring and be quiet in the possession thereof and that a  injunction shall issue for that purpose and that he shall also be put in  possession of the other land which the defendant brockhill have detain from he  and that the say defendant shall account with the plaintiff for the profit  thereof from the death of Thomas Newburgh the son from this decree both the  defendant appeal insist S Dodd S Cowper that all the feefarms within the manor  be either buy in by or forfeit to the say brockhill tailor in his lifetime or  that they be extinguish or destroy by the two act of the that and that of  Charles I and the letter patent grant to Brockhills daughter and coheir that  the respondent father in a answer to a bill exhibit against he in the court of  chancery in Ireland by one Humphrys several year after his purchase the  feefarms in question insist that the several feefarms which have be grant by  the say John tailor and brockhill tailor be surrender forfeit or extinguish  and that at the hear of the cause the court allow several deed and write  together with rentroll and other paper of the handwriting of Humphrey perrott  and Thomas Newburgh the father to be read as evidence for the respondent  without proof and yet refuse a inquisition post death of brockhill tailor to  be read as evidence on the part of the appellant but to this it be answer t  powys e Northey that the appellant have make no proof of the feefarms in  question be either purchase by or forfeit to brockhill tailor and that such a  construction of the act of parliament and letter patent as they contend for  will tend to manifest injustice by defeat innocent purchaser of their estate  after have expend great sum in the improvement of they which can never be the  intent of the legislature in pass those act or of the king in grant the say  letter patent but on the contrary if any title to the feefarms be by virtue of  the act vest in the brown patentee he ought to be deem a trustee for the  feefarmers so far as his letter patent concern their estate because those  letter patent be grant pursuant to the act which be intend as well for the  benefit of the tenant and feefarmers as for the lord of the manor by quiet and  confirm their respective estate and the feefarms in question have be accord  enjoy by the grantee thereof and those claim under they that as to the suit  commence by Humphrys he be a feefarmer within the manor and have lose his  purchase deed a ejectment be bring to evict he of the possession that he  thereupon file his bill for relief in equity against Thomas Newburgh the  father who in order to maintain his pretention to Humpryss estate be advice to  make the same defence as the appellant have do in the present case and with no  better success as Humphrys and those claim under he have ever since enjoy the  estate but whatever the say Thomas Newburgh may then insist upon to serve a  present turn yet he always consider himself as the proprietor of the feefarms  in question distinct from what he hold in right of his wife and accord dispose  of they by their specific name in the several will which he at different time  make that the several deed and write read for the respondent at the hear of  the cause be either well prove or very ancient and a satisfactory account be  give of they and that the ancient rentroll and other paper of Burgundy perrott  and Thomas Newburgh the father who be proprietor in moieties of the say manor  be proper and material to evidence the several feefarm rend belong thereto and  the rend reserve thereon before Newburgh the father purchase the same and more  especial after so great a length of time and a unity of possession for above  year in his lifetime and such rentroll be so ancient it can not be imagine  that they be make with any view or design to the case now in question but as  to the inquisition offer in evidence by the appellant they be not able to show  that any commission be ever issue to warrant it although they desire and have  a reasonable time allow they by the court for that purpose accord after hear  counsel on this appeal it be order and adjudge that the same shall be dismiss  and the decree therein complain of affirm jour vol p brown er p