Clifford against wariner and another it be say by coke attorneygeneral James b  r that if a lease be make of a manor except the court the exception be void  more hob Sheph touch in error by Clifford against mariner and moon the writ be  into the manor of Ayshe with the appurtenance and one message one barn one  garden one orchard twenty acre of land forty acre of meadow three hundred acre  of pasture forty acre of wood and one hundred acre of junk and heath with the  appurtenance in Ayshe which John late abbot c have demise for a term which be  not yet expire and in the declaration it appear that the demise be in these  word all the manor of she with its appurtenance as appertain or belong to the  say manor in house arable land meadow pasture the advowson of the church there  rend of assize ware marriage relief eschew heriots perquisite of court wood  and water belong to the say manor except and reserve so it appear that the  whole manor be not lease and therefore the count do not maintain the writ and  also the habendum in the deed dyer a er p be only the say manor with all its  appurtenance without say any thing of the other premise so that this be a  lease at will only for the message c also it appear in the declaration that  the lease and term ought to commence from the Feast of saint Michael the  Archangel next after the decease or death of Thomas Boydon and Margaret his  wife then farmer there until the end of a term of fiftyone year then next  follow c and it be aver that the say Thomas b and Margaret afterward at Ayshe  aforesaid die after who death the plaintiff enter c and be thereof possess  until the defendant on the six day of February in the six year of Edward the  six with force and arm enter c and here it do not clear appear whether any  Feast of saint Michael the Archangel pass between the death of the dyer say t  b and m as it may be well intend and then the term shall never commence or  talkie effect as it seem for they ought both to die before any Feast of  Michaelmas or otherwise the word can be fulfil because they be copulative for  the next Michaelmas ought to be after the death of both as it shall seem  therefore c but this opinion be not allow by some and afterward in easter term  follow it be argue by the judge and move by Whiddon that the writ which  suppose the demise by the abbot only do not support the declaration which  suppose the abbot and convent to have demise but Bromeley and Portman agree  that it be the demise of the abbot only in law and the assent of the convent  also the writ suppose that the abbot of c demise and the count that the abbot  of the monastery of saint Peter the apostle of c c and so a variance and hold  by Bromeley good enough because he depart with a chattel only S a term  otherwise will it be of a freehold etcetera also Bromeley hold the exception  of the advowson land and rend of assize void and that all the service of the  manor pass because they be part of the substance of the manor and the lease be  belong to the manor which the rend be not but parcel c also he argue that all  the land which be in gross beside the say manor be comprise in the habendum by  the name of the manor c for it may be know by the name of the manor c but as  for the error assign Whiddon and Bromeley hold it to be error and Portman e  contra but all agree that it be out of the statute of Jeofails h c because it  be in the substance and foundation of the action and also the statute do not  extend to declaration c because they be not plead say quaere yet ind and  Bromeley argue that it may be that Boydon and his wife die after the Feast of  saint Michael in the six year of king Edward and that the plaintiff enter who  be seize and eject on the six of February which can be of a term of year and  he put diverse case of uncertain declaration as in waste bring against a woman  and count of a lease make to her husband and her and that she do waste without  say more this be bad and so in pl a in waste also in h a in trespass upon the  departure of a apprentice he ought to show the commencement of the term of  retainer c and afterward in Trinity term follow the judgement be reverse upon  great deliberation dyer b er p if the venire facias be returnable in a month  from Michaelmas and the habeas corpora jurat on the octave of saint Martin it  be error if the hab corp jurat be returnable on a general return day with the  nisi prius for a day between that and the quarto die post a trial under it be  error hill Elizabeth b r groom v Ludlow by Clench gawdy and Fenner that a writ  of enquiry of damage returnable on the octave of saint Michael execute by the  sheriff on this day and so return be adjudge well execute error in this that  where the venire facias be returnable in a month of Michaelmas a writ of  habeas corpora a swearer with a nisi prius in London be award returnable on  the octave of saint Martin then next follow not allow the defendant upon the  writ of venire facias one essoin or one default a before car c Michaelmas term  begin on the octave of saint Michael and see car saint c a also in this that  the habeas corpora be returnable on the octave of saint Martin unless e  Montague chief justice of the bench etcetera shall first come on Saturday S  November then next follow to the dyer guildhall in London and the lath day of  November be the first day of the utas S the essoin day of the utas of saint m  and the four day after inclusive the saint day b if a writ be returnable on a  general return day and not a day certain the sheriff needs not return it till  the Art die post Makepiece v Dillon fort b so the take of the jury and of the  verdict after the day of the return be erroneous and by the opinion of the  court this be hold error and for this reason the party agree see a good case  rule accord m h in account fol pi and enter m h rot and in title jour  Fitzherbert e e a fine levy have relation to the first day of the return