case Richard against Silly if a copyholder to secure a person who have become  bind for he covenant that such person shall hold and enjoy the copyhold estate  for seven year and so from seven year to seven year for and during the term of  fortynine year if the copyholder shall so long live it be a forfeiture of the  estate although there be a clause that the deed shall be void on the bind be  pay for this deed though intend only as a collateral security amount to a  present lease S C keb this be a special verdict in ejectment for land in the  county of Cornwall the case be this videlicet Thomas Silly be seize of the  land in question for life accord to the custom of the manor of p and he  together with one Peter Silly be bind in a bind to a three person for the  payment of one hundred pound be the proper debt of the say Thomas who give  Peter a counterbond to save himself harmless and that Thomas be so seize do  execute a deed to Peter as a collateral security to indemnify he for the  payment of this hundred pound by which deed after a recital of the counterbond  give to Peter and the estate which Thomas have in the land he do covenant  grant and agree for himself his executor administrator and assign with the say  Peter that he his executor and administrator shall hold and enjoy these land  from the time of the make of the say deed for seven year and so from the end  of seven year to seven year for and during the term of fortynine year if  Thomas shall so long live in which deed there be a covenant that if the say  hundred pound shall be pay and Peter save harmless accord to the condition of  the say counterbond then the say deed to be void the question be whether this  be in the case of copyhold land will amount to a lease thereof and so make a  forfeiture of the copyhold estate there be no custom to warrant it modern this  case!was argue this term by Pemberton sergeant for the plaintiff and in  Trinity term follow by Maynard sergeant on the same side who say that this be  not a good lease to entitle the lord to a forfeiture it have be a general rule  that the word covenant will make a lease though the word grant be omit nay a  licence to hold land for a time without either of those word will amount to a  lease much more when the word be to have hold and enjoy his land for a term  certain for those be word which give a interest and so it have be rule in the  case of Tisdale v sir William Essex which be report by several a more Bulstr  Browill roll Rep a and be in hob and it be now settle that a action of debt  may e bring upon such a covenant and all this be regular true in the case of a  freehold but if the construe of it to be a lease will work a wrong then it be  only a covenant or agree modern er p mean and no interest vest and therefore  it shall never be intend a lease in this case because it be in the case of a  copyhold estate for if it shall there will be a wrong do both to the lessor  and lessee for it will be a forfeiture of the estate of the one and a defeat  of the security of the other it have be general use in such case to consider  what be the intention of the party and not to intend it a lease against their  meaning for which there be a express authority in the case of Evans v Thomas  cro James in which Howel covenant with Morgan to make a conveyance to he of  land by fine provide that if he pay Morgan one hundred pound at the end of  thirteen year that then the use of the fine shall be to the cognizor and  covenant that Morgan shall enjoy the say land for thirteen year and for ever  after if the hundred pound be not pay the assurance be not make and this be  adjudge no lease for thirteen year because it be the intent of the party to  make a assurance only in the nature of a mortgage which be but a covenant and  this appear likewise to be the intention of the party here because in the very  deed it be recite that the land be copyhold it also sound direct in covenant  for it be that Peter shall or may enjoy without the lawful let or interruption  of the lessor all agreement must be construe secundum subjeclam means if the  matter will bear it and in most case be govern by the intention of the party  and not to work a wrong and therefore if tenant in tail make a lease for life  it shall be take for his own life and yet if before the statute of entail he  make such modern lease he be then tenant in feesimple it have be a estate  during the life of the lessee but when the statute have make it unlawful for  he to bind his heir then the law construe it to be for his own life because  otherwise it will work a wrong   light so in this case it shall not amount to  a lease for the manifest inconveniency which will follow but it shall be  construe as a covenant and then no injury be do Newdigate sergeant on the  defendant part argue that though this be in the case of a copyhold that do not  make any difference for the plain meaning of the party be to make a lease but  where the word be doubtful and such as may admit of diverse construction  whether they will amount to a lease or not there they shall be take as a  covenant to prevent a forfeiture so also if they be only instruction as if a  man by article seal and deliver be content to demise such land and a rend be  reserve and covenant to repair c or if one covenant with another to permit and  suffer he to have and enjoy such land these and such like word will not amount  to a lease because as have be say the intention of the party be only to make  it a covenant but here the word be plain and can admit of no doubt but for a  authority in the point the lady Montague case a cro James l a be cite where it  be adjudge that if a copyholder make a lease for a year warrant by the custom  el such de year in annum during ten year it be a good lease for ten year and a  forfeiture of the copyhold estate vide Hilary term car roll the case of holt v  Thomas in this court the court incline that it be a good lease and by  consequence a forfeiture of the copyhold and that a licence in this case can  not be suppose to prevent the forfeiture because if that have be the jury will  have find it the meaning of the party must make a construction here and that  seem very strong that it be a good lease but they give no judgement