Bosworth v farrand carter er report date the earl OF bath case Bosworth versus  farrand ejectment upon a special verdict William earl of bath be seize in fee  of the manor of Huntspach in Middlesex and of other land in Staffordshire  Gloucestershire Devon somersetshire and highholborn and be have a mind to  settle his estate to go along with the honour for that he can not prevent for  the honour must go to the heir male in James he levy a fine with proclamation  of all those land of which the land in the declaration be parcel and declare  the use of this fine James may to William earl of bath and to his heir until  he otherwise shall or do dispose of the same ten year he consider of it and  then in the Aug James William earl of bath by indenture make between he and  Francis Lord Russel and other by virtue of the power reserve to himself for  the set of the land mention in the fine in himself and blood declare carter  the use of the fine to be as to all the land in the fine other than the land  in highholborn and Staffordshire to the use of himself for life sail  impeachment of waste the remainder to Edward Lord Fitzwarren big son for life  without impeachment of waste the remainder to his first son and so on to the  seven in tail male the remainder to the heir of the body of William for  default of such issue the remainder except the land in Staffordshire and  highholborn and except the land in somersetshire and Devon to the use of Henry  Bourchier uncle to William for life the remainder to his first son and the  heir male of his body beget and so to the seven in degree as before as for the  manor and land so except they be to the use of Francis Lord Russel and the  other trustee and their heir after the death of the say earl to raise to the  daughter of the say Edward Lord Fitzwarren a piece and after for the manor and  land so except other than the land in highholborn and Staffordshire to the use  of carter er p Henry for life and then to his first son in tail male and so to  the seven and for default of such issue to the use of the heir female of the  body of William and after to the heir female of the body of Edward and then to  the right heir of John late earl of bath the grandfather then come several  proviso one provisoe enable the say William to make a jointure of the premise  except the land in Staffordshire and highholborn to such woman as he or his  son Edward shall marry without reserve rend provide further and it be agree  that after the death of William earl of bath it shall be lawful to make lease  except before except so as the accustomable rend be reserve provide further  that it shall be lawful for Henry Bourchier at any time or time after the  death of William and Edward without issue male to limit and declare any of the  premise except as be before except and upon this the question arise for a  jointure to such woman as he shall marry and shall make lease of any of the  premise except as be last before mention to be except William die Edward Lord  Fitzwarren enter into the land in the declaration and die without issue male  have three daughter Elizabeth Dorothy and whether the daughter be alive the l  be raise Henry earl of bath after take wife now countess of bath and after the  marriage and after the raise of the l pay to the daughter year by indenture  between he and his wife on the one part and the earl of Westmorland and other  on the other part recite the fine and use c and recite the payment of a piece  to the daughter in consideration of a marriage portion be limit and appoint  the manor and land in the declaration in somersetshire and Devonshire to the  use of the lady rakehell and her assign for her life for a jointure and for  the better support of her honour and in bar of her dower Henry die rakehell  enter the earl of Denby who have marry Elizabeth enter into a three part and  make a lease to Bosworth the plaintiff upon who the defendant enter by command  of the lady rakehell the question be whether this jointure be well make as to  the land in somersetshire or whether they be except from the power of Henry to  make a jointure carter whether the word except as be before except shall reach  to the exception in the limitation or to the exception in the power be the  great question archer justice for the defendant Henry bourcher tenant for life  with power to make a jointure of any of the premise except before except if  after the portion raise and pay to the daughter he may jointure the land limit  to the trustee be the question the question be what will be the true  construction of the word in Henry power to make a jointure of any part of the  premise as be before except or whether by the reference of these word Henry be  disable of any of the land limit to the trustee for raise of the portion or  whether he be disable during the estate of the trustee in be and I hold that  after the death of William and Edward without issue male that Henry may make a  jointure of these portionary land and that this jointure be well make in  pursuance of the power give to he by William the fine be levy hill James the  deed of use be make James and in James William earl of bath have advice ten  year together of this affair Aug James execute his power upon all the land  comprise in the fine except Holborn and Staffordshire and be levy it to the  use limit by the deed and William die seize of these land and they be come to  his heir general as for the land in the fine he limit they to the use of  himself for life and then to his son Edward for life with several exception in  every one of these power there be several exception our case stand on the  exception of Henry power to limit any of these premise for a jointure except  as be before except as be before be relative word which must not be gather by  imaginary conceit of his intent but out of the word and circumstance appear to  the court in the record wherein I observe first the time of the make this  jointure by Henry the jury find the portion raise and then Henry postea do  take rakehell to wife and that post desponsalia he make the jointure next I  consider the validity of this jointure notwithstanding this former exception I  hold that Henry be in possession of these portionary land it do not hinder he  to make a jointure I take it to be a rule to expound the deed so that all part  may stand together ut res to be strong Rep the earl of shrewsbury case   R 1p  Lord cromwells ease Hobart Stucklies case it be a common assurance the judge  of the law shall break the dead a piece to fulfil the intent of the party  carter er p a deed shall be so expound to make a condition or a covenant  accord to the intent of the party the except as be before except beget two  question quest what be before except resp that which be last before except be  Holborn and Staffordshire in William and Edward power have it be the land  before except or except before except it may have extend to both exception  quest except as be before except quomodo what it extend to carter resp they be  not alike except they differ in these thing Holborn and Staffordshire be leave  to the declaration of use upon the fine in James but somersetshire and Devon  portionary land be entire leave unto and within the deed of James and be leave  to the distribution of the use after the death of Henry and William without  issue male the exception as to Holborn and Staffordshire be as to the land  themselves but as to Somerset and Devon it be not a exception of the land but  of the estate of those land till portion be raise and then the jointure and  lease be a power leave to Henry there be a difference take between the land  and the estate land be within the predicament of substance the estate of the  land be within that of quantity William by the power of revocation in the  close of the deed have power to revoke in case of somersetshire and Devon but  not of Holborn and Staffordshire after this estate end the exception be at a  end Henry may make a jointure of it I shall consider the nature of a exception  it be a thing take out of the deed Plowd Com stowel and Zouches case that  which be except out of a Act or deed be except out of the Act or deed as if no  act or deed have be make a lease of my land except white acre be so void for  that acre as if no lease have be make a exception except clear a save do not h  h now I shall consider the exception in this case the limitation be of the  land except Holborn and Staffordshire to the use of William for life and to  the use of Henry for life except Holborn and Staffordshire and also except  somersetshire and Devon and as to the premise so except other than Holborn and  Staffordshire to Henry for life here the word except include the word other  than and they be synonimous Plowd Com b ID act of attainder of treason it be  common put in save the right of all man other than be which be attaint and his  heir there other than be a exception of cesti and attaint and his heir stat h  of fine conclude all person except feme covert other than that be party to the  say fine other than make a exception out of a exception in our case these word  serve to carry on the frame of the conveyance to the limitation of use the  exception work this way to prevent they come to Henry these be the exception  in the limitation I will consider the exception in the power there be three  power to William the power be to limit any part of the premise for a jointure  and to make lease except Holborn and Staffordshire to Edward except the last  before except to make jointure and lease except Holborn and Staffordshire  there be mention of land in Holborn and Staffordshire and not comprise within  the limitation but take out of it William intention be that Edward his son  shall have power in these land to jointure and lease as well as himself  therefore he say not except as be before except but except as be last before  except in the second branch of his power to lease the deed fall off from the  new phrase and return to the former phrase except the premise in Holborn and  Staffordshire carter then come the three power to Henry that be to limit or  appoint any part of the premise except as be before except and to lease any  part of the premise except as be last before mention to be except the  exception in the power to lease be as large and comprehensive as the last  power before mention for Henry to make a jointure the word be not except  before except but except as be before except when Henry estate begin the  exception be at a end it be a prevent clause rather than a except clause Obj  whatever be before except Henry have not power thereof to make jointure but  the portionary land be beforeexcepted ergo carter er p resp here be a fallacy  quatuor termini in the major the exception be take for the land absolute  except in the minor for the portionary land except then I hold that Henry can  make a jointure of Holborn and Staffordshire during the time of trustee but  after he may to make good this exposition I argue first the design of the deed  be to continue the grandeur of the family of the earldom of bath in the name  of the Bourchiers the temporary estate of the trustee in the except land be  spend by efflux of time as if it have never be make if the daughter have never  be bear or have all die the exception have be at a end as for somersetshire  and Devon these shall not come at present to Henry but there be a  interposition of some time to raise these portion when this money be raise the  estate of Henry that be divide before be consolidate and his power work upon  the entire estate a man make a feoff reserve the tree to he and his heir and  after the feoff purchase the tree now they be unite though they be several  inheritance before a jointtenant that survive may plead a feoff make to  himself without mention his jointfeoffee   light a out of the conveyance of  James arise another thing that justify my exposition and except as be before  except do not put a disability on Henry for the jointure any long than the  raise the portion if Holborn and Staffordshire land be except out of the deed  of James Somerset and Devon land limit to the trustee they be except say the  plaintiff for ever then what be leave for the jointure if this be true perhaps  the land in Gloucester and the residue of the land in Devon be leave for a  jointure yet though it be mention in the fine it be not find to be within the  seize of William we be to take it on the record I give all my land in dale per  nomen of my land in sale it be void blow Com b Throgmorton and Tracy by my  exposition this defect be supply and Henry at present may make a jointure of a  estate in possession of the portionary land another argument be the power of  Henry be to make jointure and jointure in the plural number at any time and  time to such a woman in the singular number of any manor except as be before  except or so much of the estate except the trustee estate so it be a violent  presumption that William intend Henry shall make estate of those land he have  and after that the estate of the trustee be end he may do what he please  carter the power to make a jointure be explain by the power to make a lease  for year for both the power have the same stamp and the same word they be  usual power and not to be take strict put the case that Henry have be marry  and that his power have be only to make lease shall be by these word except  before except be restrain to make lease so that after his death all these  lease shall be void the subsequent clause do direct the use of the fine I  suppose the execution be to restrain these land during the trusteesestates and  no long the clause that give to William the power of revocation except Holborn  and Staffordshire show they be the land proper except these land be not proper  except land when the estate of the trustee be except within the meaning of  this deed the law shall alter a condition into a limitation sometime and  though they be not except by word they be except by operation object it be  presume she have a former jointure from harry of the land which come in  possession to harry resp it be not for life such a estate be make with  impeachment of waste it be not find there be another jointure make commonlaw  allow dower ad ostium church of the whole land this jointure do not comprehend  all the land of William but diverse be leave to the heir general object Henry  be to make a jointure from time to time after the death of William and Edward  without issue male and not after such portion pay resp from and after the  death of William without issue male Henry may make a jointure it show the  freehold then vest in Henry if he shall not survive the estate of the trustee  he shall have be disable the jointure bear date the that day of June in and  the acquittance for the daughter portion be but the that day of the same June  this jointure be good which the defendant claim therefore I be for the  defendant brown justice the question be whether the earl of bath have power by  the proviso carter er p of the deed of that to make a jointure of the land in  question if he have then this against the plaintiff that claim from the earl  of Denby and the lady Elizabeth his wife if he have not power then this  against the defendant I be of opinion he have power of all the land of which  he be seize but only Holborn and Staffordshire to what land except as be  before except shall these word refer to empower Henry to make a jointure  whether to the land except in the limitation or to the land except from harry  whether this except as be before except shall extend to disable he to let land  except from he in the conveyance of the or whether he can make no lease of  land but of those that come in possession to he after the death of William and  Edward sans issue male in the limitation all the manor and land be limit to  William and Edward except Holborn and Staffordshire and to make lease of all  without without restraint except Holborn and Staffordshire only in carter the  power to William Holborn and Staffordshire be except in the power to Edward it  be except as be last before except the exception be a relative exception to  that which go before the other be positive if he have say except as be last  before except he have give a great blow in the deed where he except Holborn  and Staffordshire be name they particular in this power to harry here be not a  word of they now that Henry have no power to make a jointure of the land in  question I argue whatsoever land be except from he in the settlement be except  from he in the power he have not a estate in they but it be in Russel and the  trustee the power after the death of William and Edward sans issue male he may  let I ask can be let it at the time when Edward die sans issue male if he can  then he can never let this exception can never work by fraction to make it a  power in gross for one and to make a power in present to another the same  power can take effect part in present and part in future that be to make it  work by fraction if he have this power then he may do it when he die and if he  can farewell all the portion can any man think he will give he power to avoid  the portion Obj the power take no hold of these land till the portion be pay  and it be find that the portion be raise before the jointure settle resp if he  can make a jointure before the come of the estate he can never make it  afterward the verdict be he be earl of bath do after the death of William and  Edward marry the now countess the defendant by that it appear he have no power  but after the l raise after the marriage if the earl do intend William so sure  after so much consideration he will have put it in he may easy have say it I  will know if it be advisable that he shall give power to make a jointure of  all the land against the daughter and son if he have have one if the earl have  intend he shall have power of these land a word more will have do it after the  l raise if except as be before except extend not to somersetshire land why  shall they extend to Holborn and Staffordshire object it be a new jointure  since the settlement make and if they have no power to make a jointure they  have not power to make a lease and shall the land lie fresh then resp our  question be of jointure not of lease be it not the case of all jointresses  almost and many will take lease for year determinable for life object this be  out of the word of the limitation of use that be after a jointure make by  William Edward or harry the conusees shall stand seize to the use of such a  jointure whatever be let by William Edward and harry but Holborn and  Staffordshire the conusees shall stand seize of the reversion resp it can be  intend that clause be as large as the power the word respective be in of that  which they have power to make a lease of that the conusees shall stand seize  this be no enlarge power carter so that here be no good jointure make of the  somersetshire land because he have no power of there after the death of Edward  and William and therefore the heir general for the three part well enter and  her lessee ought to have judgement Tirrel justice pro to ward off the question  be whether Henry late earl of bath may make his wife a jointure of land that  lie in somersetshire or not I be for the defendant carter er p the word other  than be four time use in the body of the deed and the word except four or five  time in the proviso for jointure object one objection be the provisoe for  Henry to make jointure be general except as before except that be general  because all men shew indefinite aequipollet universal resp I admit this be  dictum generale but not generalissimum and I admit that the exception be more  general and reach to the land in question yet there be a word of restriction  in the exception that limit the generality of it for the word be not except  before except but except as be before except these two monosyllable as and be  alter the case the intention of the exception only be till the portion raise  and serve to discover the intention of earl William and the discovery of his  intention resolve the question the exception be not absolute but until what  time till l be raise and the cause of exception be at a end and the land  return to harry and be not make a jointure till after the money raise I take  it to be he shall have the like power to make a jointure as earl William and  Edward have before he however much exception generally to speak to bind back  yet eft ut to be remiss ration ipse to be remiss as it be say of a general law    Inst foe the former exception be of land in Devon and somersetshire with a  until what time and the exception to Henry not be general but restrain which  extend not only to the land except but to the very manner and form how it be  except as praeexcipitur this as must have a such it refer not to a part of the  antecedent exception but to a entire exception though there be other  antecedent limitation of other land yet this be the sense of the exception  else these word as be be of no use at all it be no good exposition of a deed  to reject any word that may have a reasonable construction this help to answer  the objection that if so be this be so it will overthrow the daughter portion  but now the portion shall have be raise notwithstanding such jointure object  power be to be strict construe because they do tend to the alteration of  estate former settle and this jointure arise out of a power give to Henry ergo  it shall have no favour resp power when they be naked power be to be strict  take but power to make jointure be not naked but cloth with interest   Rep  Whitlocks case the question arise not so much upon the power give to Henry as  it do upon the exception that restrain the power William and Edward shall have  power to make jointure of all the land except carter Holborn and Staffordshire  and Henry shall have the same power except before except I shall refer to the  last precede exception and that be the subject matter of all the former  provision for jointure may not the exception it self be void for uncertainty  if you will not have it refer to the next antecedent it be uncertain a lease  to b pur vie remainder to c in tail remainder to d in form prediction be not  this uncertain this exception as the case be can extend to all the former  exception for the exception run in the singular number it be not except before  except nor except as be except but as be except and here be exception some  large and indefinite some qualify and restrain with a until what time none can  tell to what it do extend Obj if it be void for uncertainty then by such  construction Henry may have a large power than Edward and William resp yet let  the consequence be what it will if the word be inconsistent with the law the  law will not permit such estate as the word import again the exception in the  provisoe can refer to none other but Holborn and Staffordshire for in truth  there be nothing else except for the word except be not use till the provisoe  for jointure first for William then for Edward but all the limitation be other  than Holborn and Staffordshire and in one place other than the land in  question I will put one case if a let to b all his land in d other than white  acre and all his land in S except black acre for year the remainder to b in  fee except before except I hold white acre passes for the grant shall be take  most strong against the grantor a let we the manor of sale save white acre to  b the remainder to c for year save green acre the remainder of all to d except  DryClose the remainder to John a style of all except before except I think in  this case all passes to John carter er p a style except DryClose the word be  save and reserve c and not except yet I grant if a let to b all his land in  sale save or reserve or other than white acre the remainder to c except before  except in this case I grant white acre be except because there be no exception  before and the exception be vain and idle if it shall not be so take Devon and  somersetshire be seclude but not except it be not the nature of a exception to  forprise a thing not comprise in the grant when these word other than have be  four or five time use first and after the word except be use for Staffordshire  and Holborn only and then in the provisoe for Henry to make a jointure of all  except before except this shall not refer to the word other than but what be  real and verbal except object the trustee have a estate of inheritance until  what time and during that estate Henry have but a possibility of which he can  make no jointure because a jointure must take effect present after the death  of the husband because after the limitation of the inheritance to the trustee  that there remain no estate to the conusees out of which a jointure can arise  it shall be lawful for Henry at any time to limit and appoint carter any of  the land c which can not be so long as the land remain in the feoff resp yet  it be a jointure within h though not deins h yet intend a jointure in the  vulgar speech though Henry have no estate out of which he can make a jointure  yet he have authority to appoint a jointure though not to take effect till  after the money raise I conceive Henry can not have make a lease as long as  the money have be a raise if the exception be void for uncertainty then Henry  be at large to make a jointure of any of the land in question if the exception  shall refer to any of the antecedent exception it shall refer to the last for  these reason because every man deed shall be take most strong against himself  because the clause of every deed be take accord to the subject matter because  here be no exception but of Holborn and Staffordshire the word of this  exception will not bear a construction to include all the precedent exception  and this exposition answer the mischief of overthrow the portion I hold  judgement ought to be give for the defendant Bridgman chief justice Jeo ne oye  commencement de son argument mes to be tantsolement preliminary it be except  as be before except not except as be last before except the word be in charge  take in all before it therefore the argument of refer it ultimoatitecedenti be  the beg of the question for that be not the ultimum anteceden but the ultimum  anteceden be this it be the exception in the limitation so the word likewise  be a couple word to the power when there be several power and concern several  person and there be this word likewise the construction be that he shall have  power as the other have this be a rule croak car spirit and Bences case these  couple word be the same in kind as to the thing not as to the quality of it  first I shall not insist on this construction because my brother rely on  another construction that be that the exception in the power to Henry extend  to somersetshire and other the portionary land I shall not much insist on that  for this construction that these somersetshire land be out of this exception  will cross the purpose of the deed for if it be so then earl harry have power  to make a jointure before the l be raise if it have be only that earl harry  shall have power and immediate after the death of the other without issue he  may have do it present and so have prevent the portion the jointure will be  raise without reservation of rend and the lease may be make to begin after the  jointure this estate of the jointure and the lease be raise by virtue of the  power and they will have their essence out of the estate that passes by the  fine if you take that construction as Whitlocks case be   Rep so croak James p  fox and Prickwoods case I S seize of land in fee make a lease for life and  after he levy a fine with indenture to declare the use which be to the use of  I d for fifteen year and after to the use of carter himself for life with a  power by a proviso for himself to make lease for year or three life in  possession he make a lease during the continuance of the fifteen year and it  be agree that this term of fifteen year be present subject unto the power and  that carter er p this power do issue out of the whole estate and that the  first lessee shall have the rend during the fifteen year limit to he if Henry  shall have power to make lease then out of that power he will come before the  estate in limitation the construction of this exception except as be before  except to leave out somersetshire land be so unreasonable that my brother that  first argue do total waive it my brother Tirrel do urge the exception be  uncertain and void because it appear not to what clause this do refer I  confess if it be so the exception be void for the uncertainty and will fall  into this inconvenience then he will have power to make lease immediate during  the estate of the trustee but now it be not uncertain neither in the opinion  of those that argue for the defendant nor for the plaintiff first for the  defendant they say it refer to the last exception in Edward power and no  further and so except Holborn and Staffordshire and we that argue for the  plaintiff say it except from the limitation of the estate to Henry now to come  to that which be the pinch of the case therefore the second construction that  be make of these word except as be before except be this say they it must be  construe except somersetshire land and other land appoint for portion as they  be before except so that except be not except absolute the somersetshire land  as be before except while the estate be in the trustee say they but when these  portion be raise the estate be in Henry he shall have power to make lease in  the first limitation to Henry these portionary land be first except from he  after the estate be limit to the trustee and be determine then the same land  be limit to Henry therefore t be urge as the exception be in the limitation so  it be reasonable to construe it in the power as he have the estate of these  land so he must have the same power as he have in the estate this be their  exposition in this construction if I mistake not they both go a little further  and they insist on this that Henry after the death of William and Edward  without issue male and before the l raise while the estate be in the trustee  he may make a present estate by appointment upon the use for a jointure and  the estate shall take effect after the l raise so this be a superaddition to  the other construction and I think it be necessary for they that will maintain  that side to make this construction for the word of the power be it shall be  lawful for Henry at any time or time after the death of William and Edward  without issue male to limit any of the premise except as be before except I  say if this power for Henry to make a jointure be not to take effect till the  l raise then Henry can not at any time or time after the death of William and  Edward limit the land in jointure for till the portion raise the estate in law  be in the trustee and they be carter not to begin to raise the portion till  after the death of they without issue male so the word of the power must only  extend to such land as may be limit at any time after the death of William and  Edward without issue male if Henry power do not take effect till the l be  raise then it be contrary to the word of the power for the word of the power  run that at any time after the death of they without issue male Henry may make  a jointure true the word at any time or time be answer if you say he may make  a present estate therefore I think they do upon good ground apply themselves  to the last construction now I shall prove that Henry have not any power nor  be it intend he shall have any power while the estate be in the trustee and  then he can not make a present appointment I shall show that the other  construction of the word except before except be not relative but partial I  shall not need to prove the whole feesimple limit to the trustee till the  portion raise though he that first argue seem to be of opinion that all be but  a chattel but it be clear it be a feesimple if land be convey to the use of a  and b and their heir till a thousand pound be raise it be a feesimple limit or  conditional the difference be between a limitation of use to a till a l be  raise that perhaps in a use may be a chattel but if to a and b till so much be  raise perhaps I say it be doubtful but if it be limit to he and his heir till  l be raise it be a limit feesimple and what estate be limit over be contingent  so clear upon the estate make Henry have no use at all till the l be raise but  carter er p a expectance or possibility of a use then in the next place I do  conceive my brother have make these two construction one to exercise the power  after the portion raise and the other that he may make a present estate I  conceive one be repugnant to the other they do enterfere for if the word  except as be before except must be thus construe that they shall not extend to  the land only except but to the qualification of the exception as they will  import by the word as and as and that the use be limit to earl harry after the  portion raise and not before then this late opinion that Henry shall make a  estate after the death of they without issue male and before the l raise can  hold now first I hold that Henry have no power to limit any of these  portionary land for a jointure while the estate be in the other trustee and  not in he he have no power to make a appointment while the estate be in the  trustee I find my first reason upon the word couple this power to the other  all the other power be exerciseable while they have the estate and therefore  this power ought not tobe a power in gross because the other power be  necessary to be construe with the estate in the land this very power to Henry  to make a jointure as to the rest of the land be a power annex to the estate  and use limit to he and not in gross then what measure be there that the same  word carter in the same clause shall be a power annex to the land and be a  power in gross too it appear by the power it self that the power be for the  limitation of a jointure I ask this question it be a estate for limitation of  a jointure it be a estate limit to commence no man know when after l raise be  such estate to be raise by one that have a contingent use and such use that  may be disturb before it begin can this be say to be a jointure object yes say  one a good jointure though not to bar dower resp the intent of the party be to  make such a jointure as to bar dower for what be the meaning of make jointure  else and so the deed import but it be apparent the power to make a jointure be  not a airy jointure but to make a jointure to support the dignity and grandeur  of the lady I go further I be not satisfy for my own opinion if William have  limit a jointure of these very land part accord to his power and Edward have  after limit a jointure of these land accord to his power now of any of the  land whereof Henry have a power if William or Edward have limit a jointure of  these land I do conceive during these jointure estate Henry can not have limit  a jointure for these successive power ought to have a reasonable construction  as leaper and Wroths case cite in fitzwilliam case coke Rep foe another reason  why this power can rise in this manner by way of appointment it be agree by my  brother that Henry power to make lease be as large as his power to make  jointure and it extend to the very same land then by this construction if  Henry may during the other estate in be limit these portionary land by way of  lease to these conusees Henry may limit these portionary land by way of lease  after the l raise nay before the l raise the word be to demise in possession  reversion or remainder then if he can demise in possession be he have the  estate then that will interfere and come in before the l raise and herein the  word in the declaratory clause be observable the conusees shall stand seize of  the premise to such use so if you will have these lease good then the trustee  must have but the reversion this construction of a present appointment by  Henry of a future jointure seem to be different from Henry and his council for  he say the l be now pay he have power I have be the large on this because they  do rely upon these word from time to time and at any time if this construction  do hold the word be answer but I shall go to the other construction to the  other interpretation of the word except as be before except that be say they  except Holborn and Staffordshire land absolute out of the power the other land  onlyduring the time the trustee have the land but when the portion be raise  then he have such power as he have in the other such power may easy have be  raise if the word have be so but I conceive this be not the proper  interpretation of the word except as before except yet I agree that though a  interpretation or construction ought not carter to be make against the letter  of a deed yet in some case a strain and secondary interpretation may be admit  yes if carter er p the letter will bear a second and less genuine  interpretation it may be admit ne detur absurdum but where the intention of  the party be not clear and plain but in state of equilibrium in this case I  shall not make a secondary and strain construction but expound the word after  the more proper and natural construction therefore in the first place I shall  show what I conceive to be the natural meaning of the word except as be before  except and I agree that the word if it have be clear may have go far to their  interpretation but it be not the first and proper construction and I shall  show that it be the intention of William to have these whole except out of the  power I speak only of the intention of the deed in the natural and grammatical  construction of the word except as be before except I conceive these word be  no more but except before except I conceive they be synonimous in vulgar use  for in the true grammatical construction if except as be before except shall  reach to the qualification then the word shall be thus except all the premise  before except in manner as they be except and the word except shall be twice  repeat for it must be that that construction have a double reference both to  the thing except and the manner of the exception and I conceive this  expression be not sufficient without a understand to relate to the manner of  exception as to the word as and as and the as must have a such and that the  word be put in the singular number as the word in the Latin be be in charge or  praeexcipitur but take it in the singular number then it make more for I  therefore as to Henry there be but a single exception in the limitation  therefore if it have any force it must refer to that as for the as I do not  conceive that that be the legal Latin word for as in this case we have common  a prout take out not a as since we be upon criticism I must observe the word  be not except as it be before except though they be except as be before except  they make some difference in the English but more in the Latin the word but  take sometime for send sometime for quin have be different take in the Latin  the word S as it be before except be this except prout praeexcipitur but the  word as be before except they be To take out who praeexcipiuntur so the case  of ut in Littleton prout signify sometime secundum quod but more proper the  thing except but our English as signify quod as frequent as ut e g I will do  what become I that be as become I as I may what I may that I may except as be  before except and except that that be before except in common acceptation  except as be before except and except as before except be synonimous and so it  be in this deed in the lease it be except as be last mention before to be  except and this be all one yet I deny not but that in some case the intention  express in the deed appear clear the secondary intention I e except as be  before except may take in the qualification as well as the thin itself I say  it may so where the intention be so but not general carter now search into the  intention of William appear in the deed whether these portionary land shall be  whole except out of the power of Henry or whether it be to include they within  his power for the intention of its manifest that shall guide I in the first  and more proper or to the second and less proper sense the plaintiff lessor  claim as coheir to Edward and William it will serve my turn if the intention  stand indifferent yet I conceive that his intention so far as collect out of  the deed be much more strong that Henry shall have nosuch power than otherwise  reason be it appear that Henry have no great estate than for life limit to he  in these portionary land but this estate for life of these land be not to  commence till after the portion be raise these portion may have be above l if  there have be more daughter the jointure if this shall be in his power to make  a jointure can not be limit till the l raise then the raise of this l be not  to begin till after the death of William and Edward without issue male and  this l be no inconsiderable sum to be raise especial when the trustee have no  power to make a sale can any think that William do intend Henry be the only  male that Henry shall be in force to make a jointure of it till the l raise  and see it be to be a honourable maintenance Henry have a present power to  make a jointure of the rest of the estate if he have make those in jointure I  will not deliver my opinion whether he may make a additional or supplemental  jointure carter er p object here appear no considerable estate to make a  jointure of but these land and these land be the seat of the family resp  suppose so then it be less likely he shall leave it to be make a jointure from  his son to his wife but there be as considerable a estate beside as Cornwall  glostershire and many manor in Devon c my next reason it appear these power to  Henry to make jointure and lease they be to take commencement at the death of  William and his son without issue male the word be express if from time to  time and at any time then immediate why shall you make a construction contrary  to the word and observe to make this construction it must have the aid or  supply of a double addition the word from time to time after the death of  William and Edward without issue male must have addition of these word or  after the raise the respective next to the word except as be before except  there must be add this except respective as be before except and I observe  that the power as to the other land be not subject to the l they be all annex  to the estate in be as the Lord Fitzwarren have a estate in be though in  remainder therefore in such a case to give a power to make lease and jointure  whereas he have but a contingent use and that use limit to other it require  special and proper word if the admit such large addition as these the may make  interpretation of any thing carter object it be urge that harry have such a  estate shall not have power to lease it resp I shall grant if be have power to  make lease of these land during the estate of the trustee he have power to  make a jointure for the one power refer to the other I answer as to the  mischief of the west country estate which consist in old rend be not the  mischief as great if my lady have it for life if she make lease the very same  for a jointure as for Henry who have it but for life in the next place we must  look upon the prospect how this be to be raise one say it be raise much out of  the portion he have in my extrajudicial opinion I may think so but be it also  in earl William prospect object it be say earl William will preserve the  honour descend to Henry therefore it be reasonable he shall have the same  power as Edward Lord Fitzwarren resp the case be not the same though Edward  have this power yet it be but a power and he may settle part in jointure he be  a son and his own daughter be to be provide for and he may well be trust as to  bear child Henry be cousingerman to the grandchild another reason that move I  against this construction the l be not to be raise by the sale but the rend  for this estate consist much in old rend which appear by the power to make  lease now the fine which shall raise this l must be fine to lease and its  reasonable presume the l may be raise by lease make by the trustee otherwise  it will be a long while before l can be raise by the rend if such lease be  make by trustee if afterward Henry may limit these land in jointure as they  will have it this jointure must precede the lease and avoid they object if it  shall be say that the power shall be understand so as that her jointure shall  take effect charge with the estate make by the trustee resp I say this be to  make a further addition to the word of the power to add that these power must  be subject to the lease make by the trustee and so quidlibet ex whithersoever  you please in such case where power be to be put in execution and to take  effect subsequent and to charge the estate of those that claim under the  limitation of use by the conveyance where you will have a estate to take  effect by the power subsequent to conveyance at commonlaw in such conveyance  you must have these word to take effect and nevertheless to stand charge with  the estate so it have be in all conveyance otherwise the power in construction  of law be to precede the limitation otherwise where the word be general you  must go accord to the construction as Whitlocks case and fox and Prickwoods  case before cite where a man execute a estate by virtue of a power the estate  have rise from the original creator of the estate and shall be as precede last  if the intention of the deed be doubtful I will construe it in favour of the  heir and give the land rather to they than the jointress carter er p carter  object it be frequent to have a transposition of word so that all part of a  deed may agree I must agree with the rule therefore say they if the word in  the limitation of use have be thus and for default of issue male of Edward  then of the somersetshire land to the use of the trustee until what time l  raise and after that raise of the somersetshire land c to Henry for life and  so to his first son c put these that be several limitation into one limitation  that will have make all clear that this intention of the partial exception be  of all the land except the portionary land resp if the word have be so pen  there have be no exception at all but now make a case wherein you shall insert  word of exception as except somersetshire land till l be levy I will not  determine in that case how the word in the provisoe to Henry may extend only  this I say there will be still a unsuitableness of it to the estate of Henry  but our case be different except the somersetshire land till the l be raise  there the exception in the body of the limitation in that case will be but a  partial exception now in this limitation it be a total exception of  somersetshire land if I grant my manor of dale except the jointure of my  mother for her life the land be not except in that case but the estate be  except but if I except the land she have in jointure that be total now the  whole somersetshire land be except in the body of the limitation true all the  land be not except out of the deed for they come after in the limitation it be  not like the case of the exception of black acre put on the other side for  there the whole land and the whole estate of the land be not except because it  be except black acre for year so we must distinguish they in the power from  the rest when he do distinguish they in the limitation and the exception be  absolute in the limitation I conceive it must be so in the power I conceive  that though perhaps except as be before except if the intention have be clear  may have reach not only to the exception but the manner of the exception yet  here I conceive the intention seem so far from be doubtful that earl William  never intend it so I agree judgement for the plaintiff Ceo case to be puis  argue in lEschequer Chamber quaere