case the king against more a information will lie in the king bench on the  Phil mary c for steal a heiress for although the statute enact that the  starchamber maly proceed against offender by plaint or information and the  judge of assize by inquiry or indictment yet as there be no negative word the  general jurisdiction of the king bench be not thereby restrain S C lev S C  Freem S c keb a information be bring upon the statute of the Phil mary c which  enact that if any person c above the age of fourteen shall after the first day  of April next after the make the statute unlawful take a maid or woman  unmarried be within the age of sixteen year c the party shall suffer two year  imprisonment or pay such fine as shall be assess in the starchamber the  information charge that the defendant be above the age of fourteen year do  take a young maid away unmarried and keep her three day contra form to cause  to stand upon which he be find guilty and now move in arrest of judgement  first it be say for the defendant that this court c uld not fine he upon this  statute because when the informer entitle himself by a statute be must take  the remedy therein prescribe and so it be not like a information at the  commonlaw for in such case this court may fine the plaintiff second it be not  aver that the party offend be above the age of fourteen year at the time of  take but only that he be above the age of fourteen year such a day do take sir  William Jones contra if the first objection have any weight in it it be to  bring the party to a imprisonment for the space of two year which be a  punishment direct by that statute but the fine be limit to the starchamber and  those offence which be punishable there be likewise to be punish here because  there be no negative word in this statute to abridge the authority of this  court which be never restrain but when the statute direct before who the  offence shall be try and not elsewhere it be the opinion of hale chief justice  that where there be a prohibitory clause in a statute and another clause which  give a penalty if the party will go upon the prohibitory clause he be not  confine to the manner express in the statute but if he will go upon the  penalty he must then pursue what the statute direct modern the first part of  this statute be but a declaration of the commonlaw the second clause be  introductive of a new law as to the court of starchamber but be not a  restriction as to this court which may have punish the defendant if there have  be no such law the first clause be prohibitory videlicet that it shall not be  lawful for any person to take away a maid unmarried and upon this clause this  information be bring the second clause be distinct and direct the punishment  videlicet CC upon conviction to suffer imprisonment for two year now by take  away the court of starchamber this prohibitory clause be not repeal upon which  a man may be indict without demand the penalty and the statute have direct  that the offence shall be hear and determine before the king Council in the  starchamber or before the judge of assize and no negative word to restrain  this court therefore the chief justice who be the judge of a cro car Mod Mod  ld ray a assize in the county of Middlesex may modern er p hear and determine  this offence and by consequence fine the party if he be find guilty as to the  second objection that it be not aver that the party offend be above the age of  fourteen year at the time of the take it have be better if it have be say tunc  existen above cetatem fourteen a year but notwithstanding it be well enough  for it be say that be above the age of fourteen year such a day he do take c  so that it can be otherwise but that he be of such a age at the time when the  maid be take and the jury find he guilty contra form to cause to stand which  may likewise be a answer to the first objection for he be find guilty contra  form to cause to stand if there be any other statute which prohibit and punish  a not this information be as well ground upon such as upon this statute of  Philip and mary for it be express say that the defendant and other do unlawful  assemble themselves together and notorious facts et routos make a assault upon  her so that it shall be intend to be ground upon such a law as shall be best  for punish the offence the court be of opinion that notwithstanding these  exception the information be good and be not like the case of a indictment  upon the statute for a forcible entry that such a day by force and arm the  defendant do enter into such a house existen book property of I n and if he do  not say lunc existen the indictment be nought because the jury may inquire of  a thing before it be do but here the existen be add to the person carry the  sense to the time of the offence commit modern the statute of Richard c say  that all grant make by beneficiary and use be of full age shall be good  against he and his heir and it be adjudge Henry that he need not show when and  where but general existen of full age and upon the evidence it must be so  prove where a thing relate to the condition of a man it shall be try in the  county where the action be lie and it be not necessary to say in what county  he be a knight or a esquire any citizen and freeman may devise his land in  mortmain by the custom of London it be enough to say in plead existen a  citizen and freeman without set forth when and where if a man be indict for  not come to church it be enough to say existen of the age of sixteen year he  do not come to church this be a offence punishable at commonlaw it be malum in  see b but admit it be a offence create by the statute there be no negative  word to prohibit this court have a jurisdiction to punish this offence if the  starchamber have not be take away for the party have his election to proceed  in this court upon the prohibitory clause and the justice of assize must be  intend the justice of oyer and terminer more whereupon the defendant be fine  five hundred pound and bind to his good behaviour for a year