case orby versus Lord Mohun vern and pale yellow Eq Rep S c more full report  Eq Abr p S c tenant for life with a power to make lease of all land ancient  demise reserve the ancient rend and of the other land reserve the best improve  rend make a general lease of all the land reserve rend in the very word of the  power lease adjudge void by the Lord keeper and chief justice Trevor against  the opinion of holt chief justice Fitton Gerrard tenant for life with power to  make lease for year or three life so as upon every lease of such land as have  be usual let and fine precedent in chancery er p take for they the old  accustom rend or more be yearly reserve and so as upon every lease of other  land not usual let nor fine take for they there be reserve the best improve  rend that can be get for the same and the lessee to execute counterpart  thereof Fitton Gerrard by indenture December demise to the defendant all such  land as have be usual let and fine take for they for year if three person  shall so long live with a reservation in these word yield and pay therefore  the respective old and accustom yearly rend and if this reservation be  pursuant to the power be the question precedent in chancery my Lord chancellor  be assist with the two chief justice holt and Trevor decree that this lease be  not good to bind the remainderman but my Lord chief justice holt differ in  opinion and hold this lease good saint because the reservation be in the very  word of the power if the power be good the reservation must be so too for the  same word must have the same meaning in both and if a sum certain have be  reserve yet it must have be aver to have be the ancient and accustomable rend  or more and therefore this reservation in the word of the power may be help by  such a averment and consequent be good dly that if any of the land comprise in  this lease have not be ancient let though the reservation in such manner as to  they will be void yet the lease will remain good as to the other dly though  all the land be comprise in this one deed of lease yet the remainderman who be  to have all the deed in his custody may easy distinguish they as well as if  they have be let by several lease as they wear former but my Lord chancellor  and Trevor hold this lease void against the remainderman and not pursuant to  the power saint because it be intend that the word of the power shall be turn  verbatim into a reservation in lease and to say that if the word in the power  be good they can be bad in the reservation suppose in the power to make lease  it be provide that in every such lease there shall be insert such covenant as  be usual in lease in that county and a lease be make in the very word of the  power will this be good certain not nor will it be aid any special verdict  find the covenant usual in that county dly the question in this case be not  between the lessor and lessee between who perhaps the lease may be good and  the rend recoverable but the precedent in chancery question be as to the  remainderman who remainder and inheritance be to be charge by a power which be  to be take strict and be not pursue for the intent thereof be that a certain  rend may be reserve upon every lease to be make that so he in remainder may  know how to come at it and from his action for the recovery thereof which as  this reservation be he can do but will be involve in perpetual controversy and  uncertainty for he must not only aver and avow that the sum he distrain for be  the ancient rend but must also prove it for if the tenant can show another  more ancient rend then he may nonsuit the remainderman and so so often how  often he distrain or avow for any rend the tenant by show that another rend  have be reserve may baffle he and keep the land in spite of his tooth without  any rend at all till he be so lucky as to hit upon the true sum reserve upon  every several lease which will be very difficult for he in the remainder to do  and be no way agreeable to the meaning of the power but if a certain sum have  be reserve and the counterpart show under the tenant hand he must either show  a more ancient rend or it will be presume for the plaintiff and if he shall  show one more ancient the consequence of that will be the avoid of his own  lease which to imagine he shall attempt be absurd and without defeat of the  lease he can never avoid payment of the rend when it be reserve in certainty  but as it be reserve here it be whole uncertain and my Lord chancellor say it  be the first attempt that ever be make to delegate the power general that be  to have be execute particular and be a new invention tend to introduce perjury  forgery and fraud and therefore not to be countenance precedent in chancery er  p