case annesly against Dixon S c bro p c d ed the trustee for sell the forfeit  estate in Ireland be not empower to judge what estate be forfeit S c holt S c  bro p c error of a judgement in Ireland on the trial of a ejectment bring by  the defendant against the plaintiff in the court of queen bench in Ireland for  diverse message in Tippenham in the county of Kildare the jury find the  defendant annesly not guilty as to ten acre parcel of the say premise in the  declaration mention and as to the residue they find a special verdict state  the follow fact that before and at the time of the accession of the late king  James the second to the crown Robert Dixon the lessor of the plaintiff be  seize of the land mention in the declaration except those ten acre in his  demesne as of fee and that king James the second at the time of his accession  to the throne or any other person to his use or in trust for he be not seize  possess of or interest in any of those land that by the Act of resumption will  entitle a Act for grant a aid to his majesty by sale of the forfeit and other  estate and interest in Ireland and by a landtax in England for the several  purpose therein mentioned  it be inter alian enact that all the honour manor  land c whereof the late king James the second or any in trust for he or to his  use be seize or possess of or interest in at the time of his accession to the  crown of England shall be and be vest in the trustee name in the say Act their  heir executor and administrator respective from and after the second day of  November accord to the several estate and interest which the say late kin or  any in trust for he have in any of the premise at the time of his accession to  the crown of England to the end that the same may be sell dispose of and apply  by the say trustee to and for the purpose in the say Act mention and that no  person have any estate right title or interest in law or equity into or out of  any of the say forfeit or forfeitable estate or interest or any other the  estate or premise before the thirteenth of February may be in any respect  whatsoever prejudice it be further enact that all person c have any estate  right title c in law or equity into out of or upon any honour manor land c  therein before vest in the say trustee before the say thirteenth of February  by reason of any settlement c or encumbrance affect the say estate shall on or  before the ten day of August enter all their respective claim and demand  thereunto and in default thereof every such estate right title and encumbrance  be declare to be void and the estate or estate so as aforesaid liable  thereunto or charge therewith shall from thenceforth be free and discharge  from the same and such claim be to be transcribe by order of the say trustee  and enter in book as a perpetual memorial thereof and the say trustee or any  seven or more of they be thereby empower accord to their best discretion to  bear determine and judge every such claim at any time after the entry thereof  and before the twentyfifth of march and if such claim shall not be allow by  the say trustee the claimant his heir executor administrator and assign shall  be for ever bar and without remedy and the say trustee or any seven or more of  they may in such case dispose of such write deed or evidence in such manner as  to they shall seem meet and it be further enact that the say trustee or any  seven or more of they modern report er p shall be a court of record and every  judgement determination or decree of they shall be enter of record in book of  parchment and shall be obey by all person concern therein respective and shall  be final and shall conclude and bind all and every person or person their heir  executor administrator and assign notwithstanding any disability in respect of  coverture infancy lionsanity of memory or other matter or thing whatsoever and  all infant femecoverts idiot person of nonsane memory or beyond the sea  corporation and all other person body natural and politic their heir and  successor and their respective interest shall be bind and conclude by such  judgement determination and decree accord to the tenor and purport thereof any  law statute or custom or other matter or thing to the contrary notwithstanding  and after the time for enter such claim the say trustee or any seven or more  of they be enable and require at any time before the twentyfifth of march to  sell all the estate and interest thereby vest in they as aforesaid or any  parcel thereof and such sale be to be by cant or auction and the say trustee  be to execute a indenture of bargain and sale to the buyer and such indenture  shall be immediate enter and transcribe in book to be provide by the trustee  for that purpose and shall then be deliver to the purchaser who be to cause  such indenture to be enrol in the chancery of Ireland within six month after  the date thereof and the person make such purchase and have such conveyance  and assurance as aforesaid be adjudge in actual seize and possession of such  part and parcel of the premise as shall be so purchase and convey and shall  hold the same for such estate or interest therein as shall be convey by the  say trustee discharge from all arrear of rend and all demand of the king his  heir and successor and of the trustee their heir executor administrator and  assign and of every other person whatsoever except such claim and demand as  shall be allow by the trustee in the determination of such claim as aforesaid  and also free and discharge from any breach of trust which may be pretend to  have be commit by the say trustee in not strict pursue the power and direction  give by the say Act that Robert Dixon the lessor of the plaintiff make a claim  before the trustee and therein state his title by letter patent of the thirty  of march car make in pursuance of a commission of grace for remedy of  detective title whereby all the land then in possession of sir Robert Dixon r  his tenant contain by estimation twothirds of the land of Tippenham or  thereabouts and repute one hundred and thirty acre of arable and thirty acre  of pasture be grant to sir Robert and his heir who enter and be seize to the  time of his death and then sir William Dixon his son and heir enter and be  seize till he be dispossess in the time of the civil war but upon his plea in  the exchequer of Ireland be be in the year restore and quiet hold and enjoy  the say land that one Robert sherlock be seize in fee of five house and thirty  acre of land in Tippenham be about one half of the remain three and mortgage  the same to Robert more in fee and one pierce Fitzgerald be seize in fee of  the other moiety of that three part be onesixth of the whole that a moiety of  the land be seize and sequester as the land of Fitzgerald though be be in fact  only proprietor of a six part and that Robert more be adjudge a innocent  papist have a decree for his mortgage land and be put in possession thereof by  order of the commissioner and thereby become seize in fee that the say Robert  more and James sherlock the son and heir of the say Robert sherlock by deed of  feoff date the five of may and by fine in consideration of one hundred and  twenty pound convey their say land to sir William Dixon whereby he be seize of  the say mortgage land and he be also seize in fee of his two three part as  aforesaid and die whereupon the same descend to sir Richard Dixon who enter  and enjoy till he die in June or July and by his death the land descend to the  claimant then under the age of ten year who by Francis annesly his guardian  the now plaintiff in error enter on the same and be seize the claim then state  that all that part of the town and land of Tippenham which former belong to  pierce Fitzgerald be by letter patent convey to the duke of York and his heir  and that sir William Talbot the duke commissioner take upon he in to demise  for thirtyone year to one modern report er p quin the half of Tippenham  contain as be allege two hundred and nine acre at the yearly rend of two  shilling and sixpence for every acre that quin in demise this moiety for  seventeen year to the say Francis annesly at the yearly rend of three shilling  and eight penny per acre and under colour of such demise the say Francis  annesly possess himself of that part which be convey by more and sherlock that  the feesimple of the premise which belong to the duke of York be vest in the  trustee but without make any claim thereof the claimant aver his title to the  twothirds of which he be in possession under the patent before state and also  to the moiety of the other three convey by more and sherlock and then possess  by Mr annesly under colour of the lease from quin and be claim the benefit of  that lease as a trust for he be take by his guardian that the trustee by their  decree and adjudication of the five of September think fit to adjudge that the  claimant shall enjoy one moiety of the land of Tippenham to he and his heir  and that his claim as to any other or further part of the say land shall be  disallow and dismiss the jury further find that the trustee in consideration  of one hundred and eightyfour pound six shilling and seven penny halfpenny pay  by the say Francis annesly and of the further sum of one hundred pound allow  to he by order of the trustee for service in make out their title to the say  land of Tippenham by their indenture of bargain and sale date the seven of  June do bargain and sell to the say Francis annesly and his heir all that the  moiety of the town and land of Tippenham contain by estimation one hundred and  sixtyone acre with their appurtenance all which say premise the deed say be  late parcel of the estate of the late king James the second at the time of his  accession to the crown of England and now be in the possession of the say  Francis annesly and his undertenant then they find that annesly be in  possession Dixon enter upon he and make the lease set forth in the declaration  and that annesly reenter and eject the lessee and conclude general if upon the  whole matter the court shall judge he be guilty of the trespass and ejectment  of the residue of the land beyond the say ten acre they find he so and if they  shall adjudge he not guilty they find he not guilty the question be whether  the late Irish trustee authorize by the statute will c to inquire of the  forfeit estate have the sole power of judge what be forfeit estate and what  not or whether that may be find by a jury all the judge but powys justice hold  that point ought to be decide by a jury holt chief justice it appear that all  the private estate king James have at the day he come to the crown and all the  modern report forfeit estate be vest in the trustee and these estate be design  to be sell for the purpose in the Act and the person or person seize of such  land be by this divest though upon never so valuable a consideration if a  forfeit person have only a right of action or entry yet this be vest in the  trustee the like of a condition if the forfeit person have a estate for life  or remainder such estate and such only be vest if a person be seize by king  James the disseizee be bind to make claim which show this be a special and  particular jurisdiction of such and such land all jurisdiction be limit to  place person and thing their jurisdiction here arise from the land vest the  statute vest such land as real be king James but not such as they shall say be  vest and the statute give they no other jurisdiction but to say the trustee  have a power to say a innocent person estate shall be liable c will be a  hellish construction and such as the parliament of England can never intend if  they can know what be the king land they can inquire and therefore they ought  to inform themselves aright for a man can purchase no better or other estate  than the attaint person have powys justice say the jury have nothing to do  with it this be beg the question for a jury be to inquire whether the land be  vest and if they be not vest the trustee have no jurisdiction and it be in  person non judge Marshalsea case a   Brownl Brownl a suppose a man bring a  formedon here and the tenant admit and plead and modern report er p then  another be bring in the common plea the tenant can plead this here in bar for  it be void here and in person non judge so the judgement in Ireland be affirm  contrary to powys justice but to reverse both these judgement a writ of error  be bring in parliament and on behalf of the plaintiff in error it be contend  that if the trustee under the Act of parliament have not a power to declare  adjudge and determine what be forfeit and vest in they and what not the clause  oblige person to enter their claim before they will be not only useless but  vexatious and if the decree and sale of the trustee shall not be a  incontrovertible title to the protestant purchaser then must such purchaser  upon any trial prove the estate and title at law of the forfeit person but  which it be impossible for they to do because the forfeit person have withdraw  with all their deed and evidence the protestant purchaser be total naked and  destitute of any defence save only the decree and sale of the trustee that if  it have be imagine that the trustee decree be not final and conclusive very  few if any will have become purchaser and consequent the public debt which be  the consideration of the Act will have remain unsatisfy that it will be the  great hardship imaginable upon all those who have debenture to have no fund  but this for the payment of they and to be in a manner compellable to buy  these forfeit estate therewith and yet liable to be evict from they that many  of the army and other who have purchase these estate with the hazard of their  life and loss of their limb and have great improve they and make settlement of  they on their family be not able to prove any other title than the decree and  sale of the trustee and therefore if that shall not be sufficient they be  liable to be evict and turn out of all that the only objection of weight  against this power be in the trustee be that they may have sell all the  innocent person estate in Ireland but it may as well be say that the judge in  westminsterhall and a jury have too great power and may wrongful determine  every cause that come before they which be not to be presume and be a  objection against all judicature that the trustee have the approbation of both  house of parliament and be upon their oath and take all imaginable care in  their determination so that out of near four thousand title which they have  determine not above four or five person think themselves aggrieve and that the  defendant Dixon have have his claim fair and full beard before the trustee and  the same have be determine and decree against he it be hope that the judgement  will be reverse on the other side it be insist that the determination of the  trustee as to the land in question be in person non judge nothing be subject  to their judgement or disposition but what be vest in they and nothing be vest  in they to be dispose of or intend to be so but the estate of forfeit person  and the private estate of the late king James that this be not pretend to be a  forfeit estate nor be it ever part of king James private estate and therefore  if the Act shall receive the construction contend for by the plaintiff so as  to give the trustee any power over this estate it will at the same time have  put it in their power to dispose of every estate in the kingdom of Ireland  after hear counsel on this writ of error it be order and adjudge that the  judgement give in the court of queen bench in Ireland and the affirmance  thereof in the court of queen bench in England shall be affirm to the end that  execution may be thereupon have as if no writ of error have be bring in the  court of queen bench in England or into the house