case winter vers Loveday in b r power to make lease when well pursue ld raym  SC salk SC comb SC Carth SC Freem SC Mod SC Mod SC holt SC raym Poph more      pow on power infra p in ejectment upon a special verdict the case appear to be  as follow George Pawlett seize of the manor of g and other land in fee upon  the marriage of his son Edward convey the premise to the use of himself for  life afterward to the use of Elizabeth the wife of his son for life then to  the use of Edward the son in tail then to the use of himself in fee in which  settlement there be the follow proviso videlicet provide always and it be the  true intent and meaning of all the party to these present that the say George  during his life and after that the say Elizabeth during her life may make  lease c if in possession for one two or three life or for the term of thirty  year or for any other number or term of year determinable upon one two or  three life or in reversion for one or two life or for the term of thirty year  or for any other number or term of year determinable upon one or two life so  as the say lease be not make of such part of the say manor of g as be the  demesne land of the say manor and so as the ancient rend be reserve c and it  be find that the say George make a lease under which the defendant claim of  the land mention in the declaration which be parcel of the land hold of the  say manor by copy accord to the custom to bold after the expiration of a  former lease determinable upon three life for the term of thirty year absolute  and if the lease be warrant by the power then the jury find for the defendant  otherwise for the plaintiff and after argument at the bar it be now upon a  solemn argument adjudge for the plaintiff the whole court agree that the lease  be not warrant by the power but they differ in the reason and ground for their  opinion for by holt c j comens Turton and Eyre it be hold that the lease for  thirty year absolute be good within the proviso for the word of the proviso be  for one or two life or for the term of thirty year or for any other number or  term of year determinable on one or two life c where the repetition of the  particle for disjoin and separate the sentence and make so many distinct  clause so that George Pawlett have power to make lease either for one or two  life or for thirty year or for any number of year determinable on one or two  life he have his election to make the one lease or the other if he can not  lease but for thirty year determinable on two life the preposition for in the  clause for the term of thirty year will govern the whole sentence which will  have be pen in this manner videlicet for the term of thirty year or any number  of year determinable c or rather for any term or number of year determinable  on one or two life for if such a construction be to be make what occasion will  there be for these word for the term of thirty year they may be entire omit  but as the sentence run for the term of thirty year or for any other number or  term of year such repetition or reiteration make they distinct clause and as  the first for govern the first clause for the term of thirty year so the last  proposition for govern the latter clause for any term or number of year  determinable c and explain the intent of the party to be that Geo Pawlett may  make lease for any number of year determinable on life so in like manner for  thirty year absolute comens er p and to prove this difference the chief  justice cite two authority the first be   Finchs case where dame Katherine  finch grant a annual rend of issue out of the manor of Eastwell c messuagiis  terris c speech Katherinae situate c in parish de Eastwell c in the county of  ken or elsewhere in the same county to the say manor or any of they belong and  the question be whether the other land of the say Katherine finch which be in  the county of ken and do not appertain to the say manor shall be charge with  this rend and resolve that they shall not for the word or alibi do not enlarge  the land charge with the rend but only enlarge the will in which comens the  land before charge do extend but if the grant have run or de terris alibi in  eoden come there the iteration of the word land and tenement will have enlarge  the land and tenement out of which the rend be to have issue the second be  where the king grant the manor of S nee non all men land tenement svan in S  nee non all men land tenement svan speech manor de S pertinent the manor of n  which be in S but not part of the manor of S pass Leon and holt c j explain  what be the nature of a lease in reversion thus in the most ample sense that  be say to be a lease in reversion which have its commencement at a future day  and then it be oppose to a lease in possession for every lease that be not a  lease in possession in this sense be say to be a lease in reversion but this  be not the notion of a lease in the present case if it be then George Pawlett  may have make lease to commence forty year afterward but a power ought to be  take strict and where any one be enable to make lease general this empower he  to lease only in possession cro Yelv so where mention be make of lease in  reversion in a power this shall be intend of lease to commence after the end  of a present interest in be which be the second notion of a lease in reversion  but here a power be give to make lease for one or two life in reversion and to  make lease for year but a lease for life can be make to commence at a future  day and for that reason the very same expression lease in reversion will have  a different signification in the same conveyance be apply to a lease for life  it shall be intend of a concurrent lease or a lease of the reversion videlicet  a lease of that land which be at the same time under a demise and then it be  not to commence after the end of the demise but have a present commencement  and be concurrent with the prior demise but be apply to a lease for year it  shall be intend of a lease which shall take its effect after the expiration or  determination of a lease in be and holt c j add far that he think that if a  power enable any one to make lease in reversion as well as in possession he  can make a lease in possession and another lease in reversion of the same land  but comens his power to make lease in reversion shall be confine to such land  as be not then in possession but in the case in dispute it be not find whether  the customary land of which the lease in reversion be make for thirty year be  in possession at the time of this marriage settlement but notwithstanding that  the three judge be of opinion that the power be well pursue by a lease of  thirty year absolute yet they hold that this power do not warrant a lease of  copyhold land hold of the manor for the qualification of this power be so as  such lease be not make of such part of the say manor of g as be the demesne  land of the say manor and so as the ancient rend be reserve but customary land  be part of the demesne of a manor and the plead be that the lord be seize of a  manor in of his ut de fee a manor consist of demesne and service and upon the  grant of a manor the tenant ought to attorn for their service but copyholder  have no occasion to make a attornment for their tenement pass by the grant as  parcel of the demesne light sect and   light ibidem and if a common person  grant all the demesne land of a manor the copyhold tenement hold of the manor  pass for they be parcel of the demesne of a manor I   b Alton wood but it be  object from the bar that if customary tenement be parcel of the demesne of a  manor then here be nothing that can have be demise and yet it be intend that  George Pawlett shall have power to make lease of so much of the manor as be  not the demesne to which it be answer by Turton and Eyre that there be other  land mention in the conveyance to which the power to make lease may extend but  holt c j think that this be not a full answer because it appear to be the  intent of the settlement that part of the manor may be demise comens er p and  be of opinion that the rend and service may be demise within this power and  notwithstanding that the other qualification annex to the power say that the  ancient rend shall be reserve and no reservation of a rend can be upon a lease  of rend and service out of which no rend issue yet the rend and service he  think may be demise within this power for it appear that part of the manor be  intend comens to be comprise within this power but the demesne land be not to  be comprise then the rend and service must be for the whole of the manor  consist in demesne rend and service and if a man bath a power reserve to he of  make lease of two thing and a qualification be annex to the power which can  extend to one of these thing he may make a lease of that thing without any  regard to the qualification as where there be a power to make a lease of a  manor and every part thereof so that such a rend be reserve upon every lease  as be pay for two year before and it happen that some part of the land be not  lease at any rend within two year before a man may make a lease of such land  reserve what rend be please for the intent appear to be that he may make lease  of the whole manor roll pl and upon this authority be find another such  resolution hill car Freem vent lev keb this case be know by the name of  Wakeman v waker a between baker and baker where a man have power to make lease  of a rectory tithe and other land reserve the ancient rend and it be hold that  he may make lease of tithe although no rend can issue out of tithe but be may  demise they without any rend if it have please he for it appear that tithe be  within the power Rokeby I be of opinion that judgement shall be give for the  plaintiff but he differ in the reason of his resolution from the rest of the  judge for be think that by the power in the settlement George Pawlett may make  lease but with these restriction which be express or imply first that no land  shall be demise which be use for the maintenance and sustentation of the  family for a lease of such land be prohibit by these word so as the lease be  not make of any of the demesne land c by which word it be intend that George  Pawlett shall not make lease of such land as be in the proper occupation of  those who shall be seize of the manor but it be not intend to restrain lease  of customary land hold of the manor second that no land shall be demise  without reservation of the ancient rend for it be intend that the ancient  income and revenue shall be preserve accord to the custom of lease in the  western part of England three that no land comens shall be demise absolute but  every demise shall have its determination upon life which three restraint be  express in the settlement then the power annex to the estate ought to be  expound strict and with a reasonable intendment for every power shall be take  with such a restriction that the estate itself shall not be destroy by it so  here there be a restraint from make lease of customary land hold of the manor  not by the express word so as it be not of the demesne land which word by the  intent of the party do not extend so far but by implication for if the  customary land may be demise the manor will be destroy which can not be the  intent of the party and so for these reason first because the lease be for  thirty year absolute without be determinable upon life in which he go contrary  to the other three judge second for that a lease of the copyhold will by  consequence destroy the manor Rokeby hold that judgement shall be give for the  plaintiff therefore by the whole bench it be adjudge for the plaintiff