case hill against Filkins and his wife a devise of land to a Roman Catholic  who be under eighteen year of age at the death of the testator and confirm  within six month after attain the say age be a good devise S c ante S c Mod S  c case Ch S c Peer wms S c Eq Abr when this case be before Lord Macclesfield  he be strong of opinion for the plaintiff the heir at law but in order to  bring the matter more full before he be make a order direct some issue to be  try from this order the defendant appeal to the house of lord as have direct  issue to be try that be not warrant by the plead the house of lord set the  order aside but give the plaintiff leave to amend his bill which he do and  upon this amend bill and the plead thereupon the point in law come now to be  speak to again before Lord chancellor king videlicet whether the granddaughter  the defendant have conform by take c accord to the Act c within six month  after attain the age of eighteen be capable of take the residue under this  will she be about fourteen at the time of the death of the testatrix modern  report king Lord chancellor clear and strong decree in favour of the defendant  contrary to the opinion of Lord Macclesfield this Act of parliament make no  difference as to the religion of those from who the estate come whether  protestant or papist but regard only the religion age and circumstance of  those to who they come in this case it must be admit upon the authority of the  case of roper v Radcliffe first that the residue dispose of by this will be  land second upon the authority of that case it must likewise be admit that the  word devise be include in the word purchase in the second clause of that Act  and I think the house of lord be very right in that determination because  otherwise this clause in the Act will in abundance of case have be entire  useless but it do not from hence follow that all devise whatsoever must be  include under this word without except even devise that appear to I to be  allow of by the former clause or rather the first part of this clause for the  whole be indeed but one clause the legislator have two sort of person under  their view videlicet person under the age of eighteen and person over that age  as to the former the legislator look upon they as too young to be fix upon  rational ground in any religion whatsoever and therefore lie upon these only a  temporary disability removable upon conformity but for person above that age  and who may be suppose fix and rivet in their religious sentiment the  legislator think it to no purpose to expect their conversion and therefore lie  a total disability upon they modern report not to understand the Act of  parliament in this manner will be to make the legislator overturn their plain  and apparent intention in the first clause by the second the defendant  therefore be plain capable of take by devise under this will be under the age  of eighteen at the time of the death of the testatrix and have perform those  external act that be pitch upon by the parliament as a sufficient proof of her  conformity modern report er p modern report volume modern report or select  case adjudge in the court of king bench chancery common plead and exchequer  volume the eleven be a report of case argue and adjudge in the court of king  bench in the time of queen whether videlicet from the first to the eight year  of her reign during which time the late lord chief justice holt preside in  that court to which be now add select case in the king bench from Trinity term  in the four year of george the first to Michaelmas term in the four year of  george the second the five edition correct by thomas leech Esq of the middle  temple barrister at law modern report easter term the first of queen whether  in the queen bench sir John holt Knt chief justice sir John Powell Knt sir  Littleton powys Knt sir Henry gold Knt justice Edward Northey Esq  attorneygeneral Simon Harcourt Esq solicitor general note in this and some  succeed term the follow opinion be obiter deivered by the court of king bench