coke b catesby case mich James in common banc see Bruner v more Ch the six  month to incur a lapse shall be account accord to the calendar SC cro James SC  affirm on error cro James jenk cent Yelv George Catesby bring a quare hinder  of the church of wishton in the county of Northampton against the bishop of  Peterborough and Walter baker clerk and the plaintiff count that Thomas  Catesby his father be seize of the manor of wishton c to which c in fee and  present Francis foster his clerk to the say church who be admit institute and  induct pasch Elizabeth Thomas Catesby levy a fine of the say manor to which c  to Henry Yelverton Esq and Thomas Hasilrigge and to the heir of the say Henry  to the use of himself for life and after his decease to the use of the  plaintiff for life and afterward Thomas die after who death the church become  void by deprivation of Francis foster canonical make January and yet be void  and so it do appertain to he to present and the defendant do disturb he the  bishop confess the seize of Thomas and the fine and the use thereof and that  the church be now void by the say deprivation as the plaintiff have count and  far plead that at the time of the say coke report a er p deprivation a palm a  sure Feb be give notice of the say deprivation to the say George Catesby then  patron c and that the say church remain void per sex menses after the say  notice wherefore the say bishop as ordinary after the say six month videlicet  die Augusti per gliding time do collate the say W baker the other defendant c  as it be lawful for he to do to which the plaintiff say that it appear by the  plea of the bishop that he do collate b Inst b infra time halfyearly neighbor  post they notice et notam that the other defendant plead the like plea and the  plaintiff make the like replication and on the say replication the defendant  do several demurrer in law and the only point in this case be whether the six  month shall c Yelv   light postea b Inst Cr James Leon Leon Poph dyer pl more  Dall in Keilway a Dall in ash latch Dall c be account accord to the  computation of day to a month for then the six month be pass and the ordinary  have well collate or whether the computation shall be accord to the calendar  and then the six month accord to such computation be coke a not pass and this  plea begin Trin James rot and upon argument at bar and bench it be adjudge for  the plaintiff and the principle cause and reason of their judgement be these d  Cr James Yelv I Inst b Lutw comb bing send for d time halfyearly be speak in  the singular number as it appear by the dictionary signify half a year or six  month sure tale sex menses who to make together half striving and there be a  great difference in our ordinary speech between the singular number as a  twelvemonth include all the year accord to the calendar but twelve month shall  be reckon accord to twentyeight day to each month e Inst hob light Rep keb e  word to take without effort are secundum to throw under means and because this  computation of month concern those of the church there be great reason that  the computation shall be accord to the computation of the church which they  best know it appear by the statute of west cap that such computation ought to  be make c for si time halfyearly non hansierit c tunc adjudice financial loss  ad valor center point church per One annum so that the statute intend to  reckon by the year and not by month it be common say in our book that if a  year and a half be pass title be devolve to the king to present by lapse  whereby it appear that the computation shall be accord to the calendar and not  accord to twentyeight day to the month for that do not amount to a year and a  half when the computation be doubtful it be good to determine it for the  relief and remedy of he who have right and for the advantage of right to give  he the Ingest time to the end that he lose not his right and these be the  reason that be give of this judgement for authority a resolution of this court  tempore e in the a Cr James Yelv Inst roll a write book of case in his time in  which book which belong to walmesley justice appear a writ award out of this  court in these word king worthy of respect in Christ W eoden grate Lincoln  bishop salut cum magister milicity temple in England quandan Assise ultim  presentationis how per breve our men arraniavit in person selection faithful  our men I of c justiciario our men etcetera versus g de W de church de m  vacant et ad svan presentation spectant ut to say legal support that church  disrationavit in curian our men per breve our men de judgment thou obtinueri  to give in charge quod ad prsentationem steam fit mask admitteret ad church  say in addition to thou ut to take without effort gliding reckon singitlis a  day a mor guide church that usque ad rhythm hatred twenty eight dier to hold  together sequence who sex menses to make to see to sow prd eccles authority  council ration lapsus hujusmodi halfyearly time ad thou she vice legitim to be  roll down fit person ad mandat our men prd ad prsentat pace instructress to  send to distulist ad eand in Self instructress bring to fine exhreditat  manifest thou therefore because in vacationib ecclesiar second law coke b  experience as far as this spreading before v  freq  dep  in royal power our  men hujusmodi time to sum up debet non a die death guide send a die scientice  patron usque ad sex menses complete non juxta rhythm singulor a day send juxta  coke report a er p rhythm sex a month who menses in calendario to sum up the  same instructress prsentationem svan ad church that not owed defrauder  voluntes thou mandamus really injungent quod ad prsentationem predictam fit  mask to send to non differalis ad church say in addition to testae c and  although now the law be take that the six month shall be b cart Cawley light  Rep Leonard Cr Elizabeth   light b Cr James jenk cent Inst Yelv roll Poph b  account from the death and that in such case there needs no notice yet begin  it when it will it appear there by the award of the court that the six month  shall be account accord to the calendar a in matter temporal the term month be  understand to mean lunar month in matter ecclesiastical it be deem calendar  because in each of those matter a different mode of computation respective  prevail the term therefore be take in that sense which be conformable to the  subjectmatter to which it be apply still in matter of contract the question  will ever be what be the intention of the contract party at the time when they  make use of the word per Le Blanc I long v gale m S and Vid Lacon v Hooper TR  crook v m Tavish bing a and not secundum rhythm singuloram a day c also marrow  in his read in the time of h be of the same opinion and Spelman justice report  a case which I have see in the book of Yelverton justice resolve in the time  of h in these word a matter in law be put to two justice in the time of king h  to have their opinion and resolution between the bishop of Lincoln and one dr  white how the six month shall be account in a quare hinder whether accord to  four week to a month or accord to the calendar sure September Oct c and they  by the advice of their companion say that the six month shall be account  accord to the calendar and not by the week dr Stud b and of such opinion be  Wray chief justice which I myself hear and with this resolution agree Popham  chief justice of England Fleming chief baron and all the other justice at  sergeantsinn in fleet street but notwithstanding a writ of error be bring on  this judgement in the king bench where the judge for the reason and cause  aforesaid affirm the judgement for the computation of time as day month c see  bract Britton Fleta lib c stat de year bissext h dyer salk to N B pryn Edward  p c note to former edition