case thomas black appellant sir walter black and other respondent d January  Mews dig twelve land lease to a papist at less than two three of the improve  value or for any term above year be forfeit to the discoverer be a protestant  decree of the Irish chancery vary see ante case S p Br p c viner vol p can Eq  can ab can the respondent sir Walter the appellant father be seize of the real  estate of pound per and whereof pound per and have in the year be settle upon  his first marriage with Ann the daughter of sir John Kirwan the appellant  mother on brown the issue male of that marriage and be also possess of a  personal estate amount to above pound a treaty be about August set on foot  between he and Francis Cormick Esq for a marriage to he have between the  appellant sir Walter old son and heir apparent and Mr Cormicks daughter on  which occasion sir Walter give in a rentroll of his real estate and a estimate  of his personal estate amount to the respective sum before mention and propose  to settle on the appellant pound per and for his present maintenance and pound  per and more after his the say sir Walter death this treaty be afterward break  off by sir Walter in such a manner that there be no probability of revive it  and the appellant be then about year of age and have be educate under the Rev  Mr Scott a clergyman of the establish church of Ireland and incline to be a  protestant and to marry a protestant for which reason he never like the former  propose match with Mr Cormicks daughter though he submit therein to his father  do in December marry the daughter of Ulicke Burke Esq a protestant but without  the consent of the parent on either side and soon afterward he renounce the  error of the church of Rome and be public receive into the establish church of  Ireland by his grace the Lord archbishop of Tuam the respondent sir Walter be  so incense at this conduct that he take out a writ de a human being  replegiando to force the appellant away from his wife and make use of several  artifice and incitement to persuade he to return again to popery and to quit  his wife though sir Walter neither do nor can pretend that the appellant  marriage be any disparagement to his family but find all such endeavour  ineffectual he threaten to disinherit the appellant and refuse to allow he  anything for his support or maintenance the appellant be hereby reduce to  great difficulty and despair of all hope of a reconciliation and know that sir  Walter his father who always be a rigid papist have make several purchase from  the earl of Clanricarde and Lord Dunkellin in the name of protestant trustee  in elusion of several act of parliament and know also that he be entitle to a  maintenance as the protestant son of a popish father by virtue of a act of  parliament make in Ireland in the second year of her majesty queen Ann entitle  a act to prevent the further growth of popery and find that sir Walter intend  to sell and dispose of his say now purchase land in order to disinherit the  appellant thereof he be advice and accord do on the saint of February file his  bill in the court of chancery in Ireland against the respondent find on the  say act year good luck Annce for a maintenance and on a act of parliament make  in great Britain year seven Annce entitle a act for the relief of the earl of  Clanricarde late call Lord Bophin etcetera and on a act make in Ireland year  octavo annae to explain and amend the say brown act of the d of queen Ann to  prevent the further growth of popery as a protestant discoverer to recover the  follow purchase make by the respondent sir Walter contrary to the say act  videlicet a long term of year obtain by the say Ulicke Burke of a farm call  Clare from the say earl of Clanricarde and Lord Dunkellin which the say Ulicke  for pound sell and convey to the respondent tailor in in trust for sir Walter  the land of Ballindola and Gortechalla purchase by the say lord or their  trustee in the name of Anthony Atkinson in brown er p rust for the respondent  tailor and by tailor in trust for the respondent sir Walter and a purchase  make in October by sir Walter joint with two other person of the land and wood  of Clonmoylane and Kelbrack and other wood in the name of Patrick French Esq  from the earl of Clanricarde and Lord Dunkellin for pound which as to a three  part be in trust for sir Walter the respondent sir Walter and the other  respondent have answer this bill sir Walter though he have no sort of demand  on the appellant do mere for delay and to put he to great and unnecessary  expense file a cross bill against he to which the appellant put in his answer  and sir Walter be apprehensive of the appellant bring such bill do before the  same be file in order to prevent and defeat the appellant of the benefit of  his suit as a protestant discoverer procure two bill to be file against  himself and his trustee in the say court of chancery in the name of one John  murrey a friend and relation of the respondent tailor the one for the recovery  of sir Walter share videlicet a three part of the say land and wood of  Clonmoylane and Kelbrack and the other for the recovery of the say land of  Ballindola and Gortechalla on the say act of parliament also protestant  discoverer to which bill sir Walter and his trustee appear without be serve  with process and answer the same so as to giver the solid murrey room to  recover on such bill and answer bull the appellant counsel see the say cause  in the paper move the court that the say murreys cause be bring by collusion  with sir Walter and his trustee mere to elude the say act may be stay till the  hear of the appellant cause who be a real discoverer which be order accord the  appellant have thereupon bring a interpleading bill against the say murrey and  the respondent and they have put in their answer and issue be join in all the  cause and witness examine the same be hear before the Lord chancellor of  Ireland on the that of February when his lordship make the follow decree  videlicet as the say murreys bill his lordship declare that they appear to be  bring in trust for the respondent Tayor and by he in trust for the respondent  sir Walter black in order to cover the say estate from any other discoverer  and therefore dismiss the same as to the land and wood of Clonmoylane and  Kelbrack and other wood his lordship declare that the same as to a three part  thereof be purchase in trust for the respondent sir Walter a papist contrary  brown to the say act and therefore decree the say three part thereof to the  appellant as a protestant discoverer with a account of a three part of the  profit since the fill his bill but that the respondent sir Walter shall  therefour be allow his part of the purchase money with interest for the same  as to the farm and land of Clare his lordship declare that the assignment of  the lease thereof take by the respondent tailor be take in trust for the  respondent sir Walter and therefore decree the same to the appellant as a  protestant discoverer with a account of the profit thereof from the time of  fill his bill as to the land of Ballindola and Gortechalla his lordship  declare that the same be convey to the say Atkinson in trust for the  respondent tailor and by tailor in trust for the respondent sir Walter but  direct a issue to be try in the county of the town of Galway whether such  conveyance be make before the that of march be the time of the conmencement of  the act of the d of queen Ann and as to appoint the appellant a maintenance  his lordship be please to declare that he will not appoint he any until he  shall be inform of the clear yearly value of the purchase decree to the  appellant and of the value of sir Walter real and personal estate what debt he  owe and what child he have unprovide for and therefore refer it to a master to  examine and report those matter and he decree cost to the appellant in the  original cause but dismiss the respondent cross bill without cost the  appellant be advice that this decree be erroneous in several particular and be  not able for want of money to apply to his lordship to have the cause re  hetard before the decree be enrol which the respondent have speedy get do to  prevent a rehear the appellant therefore bring a bill of review and reversal  to review reverse and rectify the say decree in those particular to which bill  the respondent after several affect delay file several demurrer and the say  cause upon the bill of review come to be hear before his lordship on the that  of July he be please to affirm his former decree dismiss the say bill of  review and allow the say demurrer with separate cost brown er p from this  decree the appellant appeal insist t Lutwyche I Hungerford that have be decree  to a three part of the land and wood of Clonmaylane Kelbrack etcetera as a  protestant discoverer there be no just reason for decree the respondent sir  Walter black his purchase money and interest nor be decree to the appellant a  account only of the profit of the say three part since the fill his bill  agreeable to the rule of law or equity for it appear in the cause that sir  Walter after his purchase and before fill the bill receive about pound for his  own share by the fall of wood and timber so that if he shall be reimburse all  his purchase money and interest and receive all the profit make by he of this  estate antecedent to the fill of the bill he will in all event be very much  benefit by the say purchase and which can never be intend by the say act of  parliament they be make to brown prevent popish purchase and in favour of  protestant discoverer that the direct a issue to be try as to the time when  the land of Ballindola and Gortechalla be purchase be whole improper since  this be a matter no way in issue in the cause nor mention either in the plead  or proof but the respondent have absolute deny the trust which be full prove  to the satisfaction of the court those land ought to have be decree to the  appellant without direct any such issue and if there have be any reason for  direct it yet the order it to be try in the county of the town of Galway where  the re spondee sir Walter have his momsion house and a considerable estate and  interest and where protestant freeholder be scarce and the popish interest  strong than in any other county or corporation in Ireland be a great hardship  and disadvantage to the appellant when in the usual course of the court of  chancery direct issue to bet try this issue may have be in any county of  Ireland that it full appear both by sir Walter answer and the proof in the  cause that his real estate be worth above pound per and and his personal above  pound more than all his debt and that he have but one son and one daughter by  his former wife unprovide for beside the appellant and only one daughter by  his present lady and therefore accord to the rule of justice and equity the  court may have decree the appellant a suitable maintenance without refer it to  a master to examine into these particular and more especial since nothing  decree to the appellant as a protestant discoverer can be suppose to be of any  effect to he for the maintenance of himself his wife and three son save only  the farm of Clare and even that by the instigation and contrivance of sir  Walter have be render whole ineffectual for that purpose for he have be force  to expend the whole rend and profit of that farm in defend several suit bring  against he in law and equity for the same and therefore as the benefit of what  be decree to the appellant be so precarious some temporary provision ought at  least to have be appoint for he until the master shall have make his report  and as the cross cause be dismiss as be improper and unnecessary the appellant  ought in justice to have have his cost in that cause and more especial as his  poverty be so apparent on the other side it be contend c Wearg c Talbot that  the respondent sir Walter have only a equitable estate in the wood after the  purchase money and interest be discharge before which be do he can neither  take any of the profit or compel the trustee to convey to he that the  appellant in order to make himself a title to the land of Ballindola and  Goftechalla shall hail set forth in his bill of discovery that they be  purchase by sir Walter since the that of march when the first popery act in  Ireland take effect and as to the county where the issue be direct to be try  it be though proper county because the land in question lie there that thou gh  the cross bill be dismiss yet the court see there be some colour for such a  bill and that part of the brown appellant bill which pray a execution of his  mother marriage article be likewise dismiss without cost though improper bring  that the respondent sir Walter have late be much reduce in his circumstance by  loss of cattle and law suit and particular by the appellant maintain a  unnatural suit against he for so many year and the court see no necessity of  make a immediate order for a maintenance for the appellant without have the  present circumstance of sir Walter and his family which must be the measure of  such maintenance first full state by the Masteirs report nor until it appear  whether sir Walter have forsake the appellant on account of his become a  protestant brown er p after hear counsel on this appeal it be order and  adjudge that so much of the decree of the that of February as order adjudge  and decree that the land and wood of Clonmoylanemore Clonmoylanebogg Kelbrack  and Kelclinegan alias Duniry wood be purchase in trust for the respondent sir  Walter black and that the three part of the say land and wood shall be decree  to the appellant Thomas black as a protestant discoverer upon the popery act  and that the assignment of the lease take by the defendant tailor of the farm  and land of Clare be take in trust for the respondent sir Walter black and  shall be decree to the appellant Thomas black as a protestant discoverer and  that the appellant Thomas black bill shall be dismiss without prejudice as to  the demand of the execution of the marriage article there not be proper party  before the court and that sir Walter black cross bill shall be  dismissed  should be affirm and that all the rest and residue of the say  decree and also the decree of affirmance of the that ofJuly shall be reverse  the judgement then go on in the follow words  And it be hereby further declare  order and adjudge that the land of Ballindola and Gortechalla be convey in  trust for the respondent sir Walter black and the same be so convey be hereby  order and decree to the appellant Thomas black as a protestant discoverer  accord to such estate and interest as the same be respective purchase by or in  trust for the say sir Walter black and the court of chancery in Ireland be  forthwith to put the say appellant Thomas black into the quiet and peaceable  possession of the say land and wood of Clonmoylanemore Clonmoylanebogg  Kelbrack and Kelclinegan alias Duniry wood and of the say farm and land of  Clare and of the say land of Ballindola and Gortechalla and that the  respondent sir Walter black do convey and procure all person to who any  conveyance be make of the premise or of any part thereof in trust for he to  convey the same to the appellant Thomas black by such conveyance and in such  manner as the master shall direct and approve and also shall assign over and  procure to be assign over as aforesaid for the benefit of the say protestant  discoverer by the direction of the master any subsist encumbrance or security  take in by brown any of they or in trust for they or any of they to protect or  cover the premise or any part thereof and the respondent be to produce upon  oath before the master all deed and write in their custody or power relate to  the land hereby decree to the appellant and such as concern the estate  purchase for the sole use and benefit of the respondent sir Walter black shall  be deliver to the appellant and such as concern the estate purchase for the  use and benefit of the say sir Walter black and other shall be secure and  dispose of by the court for the use and benefit of the appellant and the other  purchaser with liberty for the appellant to have copy of the same at his own  cost and to resort to the original as there shall be occasion and it be hereby  further order and adjudge that the respondent sir Walter black do account  before the master unto the appellant Thomas black for the rend and profit of  the say land by fall of timber wood or otherwise hereby decree to the say  appellant and for what he the say sir Walter black or any person for his  benefit have have make or receive out of or from the say land and premise  hereby decree to the appellant from the time that the respondent sir Walter  black or any in trust for he have have possession of the say premise or take  any of the profit thereof by virtue of or under the several conveyance make to  he or to any in trust for he and that in take the say account all party be to  be examine upon interrogatory before the master and the master be to be arm  with a commission for the examination of witness if occasion be and all just  allowance be to be make to all party and what shall appear upon such account  to have be receive have or make by the say sir Walter black or any in trust  for he from the time aforesaid shall be pay to the say appellant Thomas black  his heir executor or administrator to his and their own use and benefit and as  to the maintenance pray by the appellant Thomas black bill it be hereby order  and adjudge that the respondent sir Walter black do pay out of his estate the  sum of pound per and unto the appellant Thomas black free of all deduction  whatsoever from the time of fill his say bill and do continue the payment of  the same half yearly until the time that he the say Thomas black shall be put  into the peaceable and quiet possession of the several land and estate hereby  decree to he and until the say rend and profit to be account for to he by this  brown er p decree be answer and pay to he and the dismission of sir Walter  black cross bill be hereby as before order to be affirm but it be hereby order  and adjudge to be with cost to be tax by the say court of chancery as usual in  such case and it be hereby further order that the say court do give such  direction for the execute this judgement as shall be just on Monday the that  January sir Walter black petition the house pray to be hear by his counsel to  this point videlicet whether the petitioner shall brown account for the land  and wood decree to the appellant as a protestant discoverer from the time of  the petitioner purchase and thereupon the stand order of the house of the that  of February relate to petition for re hear any cause or part of a cause be  read this order be in the word follow videlicet order by the lord spiritual  and temporal in parliament assemble that no petition which relate to the re  hear of any cause or part of a cause former hear in this house shall be read  the same day that it be offer but shall lie upon the table and a future day be  appoint for read thereof after twelve of the clock and this order to be add to  the roll of stand order of this house vide jour vol p it be order that the say  petition shall lie on the table and be read on Friday next at one oh clock and  the lord to be summon accord on Friday the that the petition be read and after  debate it be order that the say petition shall be reject jour vol p jour vol p