case parker against sir John Curson and dame magdalen his wife Hilary term  James roll on the crown side person absent themselves from church shall not be  excuse from the penalty of Elizabeth c and Elizabeth c S on account of be sick  part of the time if it be prove they be recusant before and after a feme  covert be within the statute of Elizabeth c and Elizabeth c for absent church  and a information lie against her husband notwithstanding the James c a  information for penalty for eleven month on James c be good although thirteen  month be allege on a information against husband and wife if the docket be  quod to be very pleasing non worthy of blame and the roll omit the plea of the  husband it shall be amend what issue be not amendable information for the king  and himself a for that the say Magdalen be above the age of sixteen year from  that September James to that September James do not repair to any church and  therefore for eleven month he demand two hundred and twenty pound the  defendant appear and the record be enter et predict Johannes Curson et  Magdalena to come et prediction Magdalena to say quod self non be ind worthy  of blame et de hoc to put down see super native land et attornatus domini king  similiter this issue be try at the bar this term it be prove that she be sick  for a great part of the time and thereby she think to have excuse herself yet  forasmuch as it be allege that she be a recusant both beforehand after it be  say by the court that it shall not excuse her for it shall be intend that she  obstinate forbear during that time c wherefore she be find guilty for all the  time it be afterward move in arrest of judgement that a information lie not  against husband and wife for the recusancy of the wife to recover the twenty  pound a month for the statute of James c appoint that if a feme covert be  convict she shall be commit to prison and if the husband redeem her out of  prison he shall pay ten pound a month so that statute be law posterior do  abrogate the former law in this point that the husband shall not be charge  with the recusancy of his wife a see Elizabeth c that a information for this  offence will lie in the common plea or the exchequer   b a contra hob accord  croak James er p but only at ten pound the month and not with this but to  redeem her out of prison say non adlocatur for this statute do not alter any  of the former law but prescribe that a feme covert recusant be convict and  after three month do not conform herself she shall be commit to prison unless  the husband will pay ten pound for every mouth that she shall be out of prison  and not conform second this information be not good because the offence be  allege to be from the ten of September James to the nine of September James  which be thirteen month complete except one day then be thirteen month and he  demand but for eleven month and it appear not for which of the say month the  penalty be demand the demand be uncertain as if one shall demand twenty pound  upon a bind of forty pound and do not acknowledge satisfaction for the residue  it be ill say non allocatur croak throw for although he do not demand so much  as he may yet it be well enough and for the defendant advantage and the  recovery shall be intend for the eleven month when she be first absent and the  addition of more time be not material and it be say at the bar that so it have  be before adjudge in smith v Weatherheard in a information for use a trade not  be apprentice c three it be object that here be not any issue join for it be  only the plea of a feme covert and the husband do not join with her therein  and a plea by a feme covert be void and the court doubt thereof at first but  it be afterward move that the docket be quod Johannes Curson mile Magdalena  wife he c to be very pleasing non culp and it be thereto say that that be the  warrant for the roll and be but the misentry of the clerk and ought to be  amend and the husband name insert but it be thereunto answer that it can not  be do the record be of another term and the issue join be only the issue of  the wife the verdict pass upon that issue can now be amend for it be say that  the docketroll be but for remembrance to the clerk and to instruct the master  of the office of the business in court and as a calendar thereto but when the  roll be make up and of another term it can be guide by the docket say non  allocatur for it be manifest to the court that they both appear and the docket  be that they both plead it be a sufficient guide to the clerk to draw the plea  in both their name and when he omit the husband name it be but the misprision  of the clerk which shall be amend and it be adjudge that it shall be amend and  judgement give for the plaintiff vide Richard pl Elizabeth dyer but not if the  husband and wife plead quod Self non are ind worthy of blame and it be find c  this find be ill and can be amend for it will alter the issue if it shall be  amend