case the king against eveley and his wife king bench Trinity term car roll  crown side the court will not quash a indictment on Elizabeth c for bear mass  although it only charge the defendant with hear mass the court will not quash  a indictment for false Latin if explain by a England Middlesex to wit the  juror for our lord the king upon their oath present that Thomas eveley late of  the parish of saint Margaret Westminster in the county of Middlesex aforesaid  yeoman and whether his wife on the first day of June in the thirtyfourth year  of the reign of Charles the second now king of England c and diverse other day  and time as well before as after at the parish of saint Giles in the field in  the county aforesaid unlawful unjust and voluntary be present and each of they  be present and then and there unlawful unjust and voluntary audiveru et  uterque the dawn to hear mass England mass in contempt of the law in evil  example of all other in the like case offend and against the peace of our lord  the king his crown and dignity c and also against the form of the statute a in  such case make and provide to this indictment I take these exception first it  be say they be present and do not say with who or to what purpose nor be it  say that they be present on a religious account or with any priest that read  it nor be it say she intention ad audiend second it be say audiveru mass which  be no Latin word but for a lump and then it be nonsense b sending be the true  proper word for the same and so be Gouldmans dictionary and the like of calvin  lexicon juridicum word sending where he quote diverse classical and other  author both lawyer and divine that that shower KB be the proper word for a  sacrifice from hence it be plain the England can help it for wheresoever the  English word have a roper signification and a true Latin word to express it by  and the Latin word have no colourable sense of that it be not good and this be  the common rule in construction of Anglices as to say equus England a man will  be stark fraught and if the England be reckon surplusage and void then it be  nought certain for it be to hear mass a lump c but the court will not quash it  but bid we demurrer to it for that they will not a this statute be the  Elizabeth c which impose a penalty of mark and a year imprisonment on every  person who shall say or hear mass see also will c which punish a Popish bishop  or priest with perpetual imprisonment for say mass except be a foreigner and  enter in the secretary of state office it be perform in the house of a foreign  minister but by Geo c the will c be repeal provide such bishop or priest shall  take the oath there enjoin before he shall have be apprehend or any  prosecution commence b all the indictment be sending and so be dyer c now by  the statute Geo c and Geo c all law proceed be to be in English see p c ch S  shower KB er p quash a indictment for such a offence no more than they will  for perjury d and bid we try it or demurrer at our peril which we will c