cccxii Guildford case indictment upon the statute of Elizabeth Guilford be  indict upon the statute of Elizabeth cap for withdraw diverse person her  majesty subject from the religion establish in England to the Roman religion  and to promise obedience to the church of Rome and for that he himself be  withdraw from the obedience of the queen coke take exception to the indictment  because that the indictment be not find within the year after the offence  commit in the say Act there be a proviso that all offence against the Act  shall and may be inquire of within the year and day after the offence commit  Popham attorneygeneral this case be not within that proviso but both depend  upon other statute before videlicet Elizabeth touch the acknowledge of her  majesty supreme government in cause ecclesiastical or other matter touch the  service of God or come to church or establish of true religion within this  realm shall and may be inquire as well before the justice of the peace as  other justice name in the say stand Leonard tute within one year and a day  after such offence commit and he say these word in the proviso refer only to  such offence contain in the say Act which touch the supremacy and cause  ecclesiastical c and such offence ought to be inquire within the year and day  but this indictment here do consist upon other matter for withdraw himself  from the obedience of the queen which be a offence out of the compass of the  say proviso and therefore the enquiry of it not restrain unto a time and the  statute of Elizabeth extend to bill write instrument c and not to the word  withdraw by word which be supply by Elizabeth withdraw by other mean and the  restraint of the enquiry at the time go to the bear of mass and say of mass  and not repair to the church but as to withdraw the same be at large not  restrain by that statute and be say that this indictment do consist upon many  offence some to offence within the proviso and as to those the judgement be  void some to other offence as treason the offence of withdraw the enquiry of  which be not restrain and therefore this indictment shall stand also it be the  intent of this statute not to restrain this court but only the justice of  peace for they be special name coke conceive that this word touch c do not  extend to anything contain in the statute of Elizabeth but only to offence  within the act of Elizabeth which be incertain before Leonard er p also this  proviso be in the disjunctive against this or against the act of or Elizabeth  so as that which follow be to be apply to the last disjunctive and not to the  whole sentence and always when a thing be name certain and after general thing  the word subsequent shall be refer to the general word and not to that which  be certain also if touch c do refer to this statute the sentence will have  begin with it but here it begin with the supremacy of which nothing be speak  in this statute and therefore it ought to be refer to the statute which begin  it and that be Elizabeth and then it shall be preposterous to come after  Elizabeth and these word shall and may ought to be so construe shall be  restrictive of itself and may shall be refer to that which be restrain before  as the proceed upon the statute of Elizabeth cap be restrain to the next  sheriff and he conceive that this court be as well restrain to time as any  other court for the word be as well before justice of the peace as before  other justice name in the say statute and in the statute of Elizabeth this  court be especial name Wray this proviso begin with justice of the peace  therefore it do not extend to offence which be treason and the meaning of this  statute of Elizabeth be to enlarge the statute of Elizabeth for where the  offence against the statute before be to be inquire at the next session and  the other within six month now by this statute it may be inquire at any time  within the year and day but it do not extend to restrain the proceed against  offence of treason for the word of the statute be that such offence shall be  inquire before justice of peace within a year c but in the next clause the  justice of peace may punish all offence against this Act but treason by which  it appear that no offence be restrain to time but those which the justice of  the peace have authority to hear and determine and that be not treason gawdy  to the same purpose for all the proviso be but one sentence and there the  whole shall be refer to spiritual offence as the not come to church c Leonard  mich Elizabeth in the exchequer error