Bulstrode SHORDISH plaintiff against FALDOE defendant enter hill James b r rot  a action of covenant upon article of agreement for measure of ground to be  demise in a action of covenant the case appear to be this the covenant be  ground upon certain article of agreement make between the plainti ff and the  defendant as touch a lease to be make of certain land by the defendant unto  the plaintiff Bulstrode er p at a certain rend to be agree upon accord to the  quantity of the land which be to be demise and that the certainty thereof may  the better appear they enter into mutual covenant each of they to the other in  this manner S first that there shall be measurer by they choose and appoint  two by the one and two by the other to be name for to measure the ground which  be to be demise and if they find the same to be such a number and quantity of  acre then the rend agree to be pay for the same be to be so much accord to the  number of the acre which the plaintiff be to pay for the same the plaintiff  for bieach of covenant in his declaration set forth a breach to be make by the  defendant in hinder and disturb of the measurer in measure of a must parcella  preemissorum c George croak for the defendant take exception to the  declaration that the same be not good first because that no time nor place be  specify in the declaration when these measurer shall be so appoint nor where  nor yet when they be for to measure the land second because it be express in  the declaration that the measurer be appoint for to measure the land the  defendant do hinder and disturb they in the measure of a must parcella  praemissor and do not show at all in his declaration where this must do lie  and in what town there be two town and so no place for the venire three touch  the manner of the disturbance lie in the declaration the same be quod non  pernlitteret admensurare this be not good there be no sense at all in these  word of disturbance but he ought to have say non to let pass and then he ought  to have show also wherein this disturbance be and for all these cause the  declaration here be not good davenport argue to the contrary for the plaintiff  that the declaration be good notwithstanding these exception it be lie in the  declaration to bequoddam stagnum parcella preemissorum and lie to be in both  the town there be two town here and if it be in either of the town it be good  enough and if it be demand of what place the venue shall be the same shall be  of both the town George croak two measurer be to be here appoint and two other  with they it ought to be express at what time in e foe b where a lease for  year be plead to be make in plead it ought to be show where the lease be make  because it may be make in another county than where the land be so here in  this case the place ought to be allege the same be issuable and it be here  also show that he do not suffer the measurer for to measure quoddarn stagnum  but show not in what town this be the same be issuable for the venire facias  Henery Yelverton the venire facias here shall be of both the town William  justice when you la here a breach you ought to have say in the declaration non  to let pass and not as it be here non to let pass for this be not good but  clear the same ought to have be non to let pass also the declaration isquoddam  stagnum parcellain preemissorum this be not good he ought to have show in the  declaration in what town this have be for the more cortaint that of the venue  for the venire facias here shall be of both the town Yelverton justice agree  with he herein and that the declaration here be not Bulstrode good for the  exception before take to the same and because it be not show in the  declaration here in what town this be and accord as William justice do observe  this be overrule by Yelverton justice at Oxford assize that he ought to show  special in what town this be for the venire and so for the exception before  take the court be clear of opinion that the declaration be not good and  therefore the rule of the court be quod to express grief will to take in hand  per billam