case edward Farrell appellant Samuel Tomlinson respondent that February where  the legislature impose term and prescribe a thing to be do within a certain  time the lapse even of a day be fatal because no inferior court can admit of  any term but such as direct and precise satisfy the law and therefore where a  papist make his recantation from popery on the that of November and do not  receive the sacrament etcetera till the that of may it be not a sufficient  conformity decree of the Irish chancery affirm the principle of this case be  of more consequence than the fact it seem to have be decide on the know rule  of law that month general take mean lunar month unless where calendar month be  express mention this in a case so high penal and where the person affect by  the law appear to have intend to conform be sure a very harsh construction and  contrary to what have be adopt on other occasion see command c p and Mr  Christian note there see and Vict c S the question in this cause arise upon  the popery law already so often state in the precede case the fact of the case  be these Anthony Jessop esquire be by virtue of several purchase and mortgage  make by and to his ancestor in possession of the land in question whereof  Roger Farrell claim the equity of redemption and Jessop be involve in several  suit relative thereto he employ the appellant as his attorney or agent in the  conduct of these suit whereby the appellant get into his custody several of  Jessops deed and paper and become acquaint with his title and Jessop instruct  he to treat with Roger Farrell for buy in his claim to the land the appellant  accord enter into a treaty with his heir at law Roger Farrell himself be then  dead and other for the purchase of the equity of redemption but instead of buy  it for Jessop agree to buy it for his own use and benefit for some very trifle  consideration and by deed of lease and release date the that and that of  January Francis OFarrell John OFarrell Terence OFarrell Faughny OFarrell  Francis OFarrell the young and John OFarrell the young brown for the  consideration therein mention do grant and convey the manor town and land of  Mornine and Barry in the county of Longford with their appurtenance be the  land in question to the appellant his heir and assign for ever to the only  proper use and behoof of the appellant his heir and assign for ever the  appellant be so entitle on the d of July exhibit his bill in the court of  chancery in Ireland against the say Jessop and other for a account of the rend  and profit of the land from the year and to be let into a redemption of the  same the respondent who be a protestant of the church of Ireland as by law  establish bear of protestant parent and educate in the protestant religion  soon afterward file his bill as a protestant discoverer in the court of  chancery in Ireland against the appellant and other upon the popery act charge  that the appellant be bear of popish parent be himself a papist and have  purchase the say land and therefore pray to be decree to the say manor town  and land of Mornine and the several other land in the plead mention and  comprise in the say deed of lease and release of the that and that of January  so purchase by the appellant with a account of the profit thereof and to be  put into possession to this bill the appellant put in a plea and answer admit  by his answer that he be bear of popish parent and profess the popish religion  till he be of year of discretion but by his plea insist that on the that of  November he public renounce the error of the church of Rome in saint bridget  parish church in the city of Dublin and be on that day receive into the  communion of the church of Ireland that on the that of the same month the then  archbishop of Dublin grant he a certificate of his conformity and that on the  d of December he file this certificate in the roll office of the court of  chancery that on Sunday the that of may he receive the sacrament of the lord  supper accord to the usage brown er p of the church of Ireland in the parish  church of saint Peter in Dublin and obtain a certificate thereof from the  minister and churchwarden of the say parish and on the that of may in the same  year he produce prove and file the say certificate in his majesty court of  chief plea in Ireland and do then and there take and subscribe the oath and  repeat and subscribe the declaration require and direct by the act of the d of  queen Ann and that on the d of August follow he file a certificate of his have  take and subscribe the say oath and of his have repeat and subscribe the say  declaration in the roll office of the say court and that he have continue to  be a protestant at all time since the that of November and at the time of put  in his plea be a protestant of the church of Ireland as by law establish and  that he do not acquire or purchase any estate or interest in the say land at  any time before the d of August and brown by his answer the appellant say that  since his conformity he have attend the service of the church and duty of  religion as a protestant and have several time receive the sacrament accord to  the usage of the church of Ireland and have upon diverse occasion take and  subscribe the oath and repeat and subscribe the declaration mention in the  statute he deny that he be then a papist or have be so at any time since the  that of November but admit he be bear of popish parent and educate in and  profess the popish religion but that before he have attain his age of he do on  the that of November first profess and declare himself a protestant and have  never since be a papist on the that of July this plea be argue when it be  order that the benefit thereof shall be reserve to the hear of the cause with  liberty for the respondent to except to some particular matter in the order  mention the respondent on the that of July file exception to the say plea and  answer and the appellant on the that of April put in a further answer and the  respondent have reply to the answer and the cause be at issue witness be  examine on the respondent part but none for the appellant who only produce the  certificate of his have conform and take the oath at the time aforesaid and do  not make any proof whatever though it be put in issue by his answer that he  have from the time of his take the oath as aforesaid do any one act whereby it  may appear that he real profess the protestant religion as by law establish  the cause be hear by the Lord chancellor of Ireland on the d and that of June  and the that and that of November and his lordship have take time to consider  thereof till the that of January be then please to order that a case shall be  state upon the plead and proof in the cause and send to the court of king  bench for their opinion whether the appellant at the time of the purchase in  the plead mention be a person qualify to purchase land of inheritance accord  to the true intent and meaning of the popery act or not a case be accord  settle and agree to on both side and send to the say court contain the several  fact abovementioned and the question be whether the say defendant Edward  Farrell at the time of make the say purchase be duly qualify accord to the  several act of parliament make in Ireland against the further growth of popery  to become a purchaser of the say land of inheritance in feesimple in the say  kingdom for his own use and benefit this case be argue by counsel on both side  in easter and Trinity term before the Lord chief justice Caulfield and Mr  justice Robinson there be then no other judge in that court and on the that of  July they respective certify their opinion brown the opinion of the Lord chief  justice be as follow if the defendant Edward Farrell be real a protestant at  the time of his purchase I think he be well qualify to make such purchase  without perform all or any of the requisite mention in the first and second  popery act but it do not appear to I in this case that the defendant be either  admit or prove to be real a protestant the bare perform the requisite in the  say act year before his purchase without more either before or since be I  think hardly sufficient to prove he a protestant Mr justice Robinson be  opinion be give in the follow word upon consideration of the forgo case  inasmuch as the defendant Edward Farrell who be a convert from popery do not  complete his conformity to the church of Ireland as brown er p by law  establish by perform all the additional requisite within the time prescribe I  be of opinion that at the time of make the purchase in the case mention he be  not duly qualify accord to the several act of parliament make in this kingdom  against the further growth of popery to become a purchaser of the say land of  inheritance in feesimple for his own use and benefit and I humble submit to  your lordship the follow ground and reason of my opinion I I conceive that the  child of papist who profess the popish religion after attain their age of year  whatever their religion real and in fact may afterward be remain and be papist  by construction of law until by a regular and complete conformity they appear  to be protestant and by a clause in the act of the d of queen Ann every papist  as well as person profess the popish religion be disable from purchase estate  in land other than term not exceed year wherefore in my option this class of  constructive papist to which the defendant opinion belong fall within the  express letter of this disability two this opinion I apprehend receive  strength from another clause of that act which direct that no person shall  take benefit by it as a protestant within the intent and meaning thereof who  shall not perform the requisite therein prescribe forasmuch as I conceive  remove a disability to be take a benefit especial upon the construction of  these law which in many instance have make regular conformity requisite for  even the preserve old right III and this opinion be in my apprehension far  enforce by the clause in the act of the that of queen Ann which enact that no  person who have turn or shall turn from the popish to the protestant religion  as by law establish shall be deem or take to be a protestant within the  intention of that or the former act or shall take benefit thereby without also  perform the additional requisite therein mention IV these two act I conceive  be to be construe as if original one and incorporate together the second be to  brown amend as well as explain the first and the construction above give seem  to I to make the two law stand most consistent together and to give all the  material word in both a effectual and uniform operation without reject any of  they or force they into a ungrammatical meaning and without suppose the  legislature to make use of vain and unnecessary repetition to all which  objection every other interpretation offer before we in argument seem to I to  be liable as under the express letter of these law the child of papist profess  the popish religion alter their age of year be until a regular and complete  conformity to be deem papist and consequent as I conceive disable from  purchase so this opinion seem to I most effectual to answer the design and end  of I these law which in this respect I apprehend ought not to be consider as  penal but as remedial and constitutional law make for the preservation and  security of the protestant interest and establishment in this kingdom it  appear among other reason from the sacramental test introduce in the first of  these law that one great end of they be to increase the member of the  establish church and this end be best and most consistent answer by exact from  convert a regular and complete conformity in act of public notoriety  authentical evidence by matter on record VI far by hold convert to such a  conformity the public be best secure against their relapse to popery which  without such a regular conformity I conceive to be a offence not punishable  under the act of queen Ann and this seem to have be the opinion of the  legislature in the act of the that of Geo I for when the regular conformity of  the child of papist be dispense with in the circumstance therein mention a  special clause be think necessary to make their relapse penal VII a regular  and complete conformity be necessary for a convert son to make his father  tenant for life or to preserve the ordinary course of descent against the  gavelkind it be no less necessary to entitle a convert to take by gift devise  or remainder estate in land which have belong to protestant the right to keep  or take in these two last mention way be as much a ordinary right of subject  as that of acquire by purchase and the remove the disability of papist in all  these several case be a equal benefit and not more a benefit in any one of the  case brown er p than in another the legislature have require the removal of  the disability by solemn act of notoriety for take or keep their family estate  and it will in my opinion be unreasonable to suppose against the letter of the  law a intention to leave convert lose as to acquire new property which in the  common course of thing must be a more likely mean of continue and keep up a  land interest brown the cause be hear on the judge certificate and merit on  the that that and that of November and the Lord chancellor take time to  consider till the that of December follow when it be order adjudge and decree  that the respondent as the first protestant discoverer by virtue of the popery  act in the plead mention be entitle to the benefit of the purchase make by the  appellant of the land in the plead mention and that a injunction direct to the  sheriff of the county of Longford shall be award to put the respondent into  and from time to time to quiet and establish he in the possession of the say  land and that the appellant shall deliver over to the respondent all deed  conveyance and write any way relate to the title of the say land and that the  respondent shall make up and enrol a decree with cost from this decree the  appellant appeal and on his behalf it be insist c Pratt c York that it have be  adjudge in many case determine in Ireland upon the statute of the d and that  of queen Ann that no strict mode of conformity be require to enable a convert  from popery to purchase land or any specific evidence of it for that under  both act no person be disqualify to purchase but a papist or person profess  the popish religion in which case the onus to make good lie on the party who  seek to take advantage of the disability and the rule have never be lie down  that in such case it will be sufficient for a protestant discoverer to prove  the defendant the son of a papist and that he continue a papist till the age  of year without show he to be a papist or profess the popish religion at the  time of his purchase because though he may not be a protestant convert conform  to the establish church so as to entitle himself to the benefit of new right  or the restitution of old one within the word of these statute yet it do not  follow that he must therefore of necessity be a papist within the disable or  penal clause that the statute of Geo I c which be a perpetual law for  encourage protestant stranger clear show that the intention of the legislature  be to make Ireland a protestant country yet there be no particular term of  conformity impose upon such protestant stranger but to take the oath and  subscribe the declaration and these person though perhaps papist the day  before they land in Ireland be not only naturalize and make free of  corporation but have several other privilege and immunity will it not  therefore be harsh and unreasonable to say that a natural bear subject who  have conform in his minority and be still a protestant shall be strip of his  purchase as a papist in favour of a informer even suppose he have make some  trifle mistake in the mode of his conformity or in the time of take the oath  or in perpetuate the evidence by which it be require to be prove that if this  determination shall stand estate in Ireland to a immense value which have be  purchase by convert who have not file certificate within six lunar month  omission most frequent imputable to atorneys and other appoint brown by person  live remote from Dublin will be wrest not only out of their hand and the hand  of their legal representative by popish heir and protestant informer but from  protestant purchaser who have buy and derive title under they for a purchase  from a disqualify person leaves the estate in the hand of the purchaser open  to the demand of the heir or suit of the informer as much as it be in the hand  of the first purchaser nor be there any limitation of time prescribe to the  discoverer suit many other inconvenience will also follow from this  determination the child of a convert father or mother who may have omit to  file such certificate must be look upon as papist if such child shall not be  able at any distance of time when the question may arise to make precise proof  of their have be protestant from the age of year convert from popery who have  conform themselves to the establish church in England or in the colony as the  law of England require or who have join themselves to protestant dissenter  under the protection of the toleration act in England will nevertheless be  subject in Ireland to all the disability and incapacity to brown er p which  papist be liable and convert from popery omit to file certificate within the  time limit will be protect from prosecution for relapse into popery even  though it shall be otherwise notorious from the most satisfactory and  authentic proof that they once conform to the establish church on the other  side it be say t jewel a forester to be admit that the appellant be a papist  until he arrive at the age of discretion that the act Ann sec positive ordain  that no convert from the popish to the protestant religion shall be deem a  protestant within the intent of that act or the former act Ann or take benefit  thereby notwithstanding such person so profess himself a protestant shall  procure a certificate from the bishop unless he shall within the space of six  month next after his declare himself a protestant receive the sacrament make  and subscribe the declaration there mention and take the abjuration oath and  file certificate thereof in some of the court of justice this the appellant  have not do his recantation from popery be on the that of November the six  month from that time must by the know rule of law be construe to be not  calendar but lunar month so that they expire on the that of may and the  appellant do not receive the sacrament till the that nor take the oath and  subscribe the declaration till the that he therefore never comply with the  requisite of the act and when the legislature impose term and prescribe at  thing to be do within a certain time the lapse even of a day be fatal because  no inferior court can admit of any term but such as direct and precise satisfy  the law that the two act of the d and that of Ann be in acquire means and the  latter make for explain and amend the former they must both be take and  construe together as make but one law the d of Ann sec disable papist from  purchase any estate in land but brown for year and declare that the child of  papist shall be take for papist until by their conformity they appear to be  protestant what that conformity must be be lie down in precise term by the  that Ann sec videlicet beside recantation certify by the bishop the oath must  be take and the declaration subscribe within six month else its convert be to  be deem a protestant within the intent of that or the former act or take  benefit thereby and this rule be plain mean to enlarge and enforce the  provision of the former act see the appellant therefore as the child of a  papist and himself a papist be absolute disable from purchase beyond term of  year and can never take the benefit of the provision make for convert I e  remove his disability but b such a conformity as the act require it be however  object that a man declare himself a protestant without perform any of the  requisite of the act sufficient enable he to purchase that be a subject  birthright and not to be consider as take the benefit of these act that such  have be the receive opinion and that protestant who have purchase from such  popish owner may be affect by a contrary determination but that such have be  the receive opinion be deny unless the evasion from the d Ann recite in the  preamble of that Ann as the cause of make that act can be call a receive  opinion there never be or can be one single determination to warrant this  pretence because it will make these act absurd contradictory and inconsistent  and even shall such a mischief as suggest happen to a few protestant purchaser  which it be not to be admit will be the case it be not to be put in  competition with the inconvenience attend the construction contend for by the  appellant whereby every pretend convert will upon a bare declaration of his be  a protestant be at liberty to purchase contrary not only to the whole scope  and intent but to the very letter of the act that a full performance of all  the requisite of the act be admit to be necessary for a convert son to reduce  his popish father to a tenancy for life upon the Ann see and for enable  convert papist to take by descent or a remainder limit by devise or gift after  the death of a protestant upon sec and for prevent the gavelkind and preserve  the estate in a regular course of descent upon sec and all which be old right  and it be impossible that the legislature shall not intend a equal notoriety  of conversion for the acquisition of new right as for the preservation of old  one for otherwise if the appellant father who be a papist or any protestant  ancestor of his shall die seize of land of inheritance he can take but in  gavelkind from the one and not at all from the other until his full defile  with ordure brown er p mity but may take as much as he please by original  purchase so that as to one purpose he will still be a disable papist but as to  the other a qualify protestant a absurdity too gross to be countenance by the  Geo c the child of popish parent who from the age of year have be brown  constant breed up in the protestant religion can by such education without  have also receive the sacrament remove their disability nor aware they upon a  relapse after the age of guilty of a praemunire without that essential be  perform and this show that the bare profession of protestantism without more  neither qualify or subject to penalty and the law never mean more favour to  the child of papist continue papist to their manhood than to these who aware  educate protestant from year of age last that the appellant though his answer  be apply to and his popery thereby full put in issue have not prove one single  act of conformity to the establish church from his take the oath in may but  have rest his defence on the sufficiency of a bare declaration of  protestantism which pretty clear evince how great be the sincerity of his  conversion 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