case the king against spiller and his wife king bench easter term car crown  side indictment for recusancy or not come to church ad general a sitting peace  pro come to cause to go exon at Guihald ibidem tent tertio die of the eighth  month year royal power domini our men caroli favorable nunc king England c  community exon sacred scripture a swearer pro lord ring super sacrament suum  looks like quod William spiller recently de paroch happiness nariae major in  come community exon predict spice et Agnes wife he quint die of seven year  royal power dom our men caroli favorable God agreeableness England Scotland  France et Scotland king trust defensor c fuer et uterque eastern to be  lifetime sexedecim to swim up et greater number et ab eoden quint die of seven  year say in addition to non to go to nec the dawn some accessit England do not  repair ad church svan parochial happiness nariae major predict nec ad aliquan  alian church chaplain or usual locum common praecationis nec ibidem morat fuer  nec alter eastern ibidem morat to be tempore common praecationis ibidem ad  some time infra One month integrum extunc proxime sequent send abstinueru et  uterque eastern to keep back ab the same England have forbear the same per  pillage interval pillage One untouched month contra form set up in what modi  grammatical case edit et to will et contra peace dict domini king nunc crown  et rank urge et in destructive exemplum another in tali grammatical case fault  shower KB which indictment I move may be quash for these exception first to  the caption for it be say to be at a general session of the peace and do not  say quarter as it ought to do tailor be case palmer Steven Burton case style  send non allocabatur per cur for they will intend at a quarter session be hold  after Michaelmas for the county and it be say at the general session and by  some hold that it need not be a quarter session for a indictment may be at any  session for that offence send quaere the statute the second exception I take  be to the conclusion it say contra form set up and do not say which or what  statute but the court hold that well enough for though one statute create a  offence and another statute give a great penalty yet set up with a dash be  well enough and may be statutor as well as to cause to stand see moon be case  cro James where it be hold that to cause to stand be good enough the three  exception be to the body of the indictment for the offence by the statute  Elizabeth c S be a month absence from church which be a penal law ought to be  reckon calendar month and so be intend where the matter expose the party to a  mischief or penalty as the statute of Westminster the second cap for the  account of lapse and the Edward c for prove a suggestion but the court hold  twentyeight day or a lunary month be intend by this statute and so well enough  and the rather because come to church once in four Sunday or on holiday within  the month be the thing require by this law and the forbearance so to do be the  offence and they say it have be so adjudge that a lunary month be here intend  and this frequent resolve fourthly then I urge that here be not a lunary month  here be but sixandtwenty day for it be say that from the five day of September  in the thirtythird year of Charles the second which be exclusive of that day  the defendant nor any or either of they do not repair to their parish church c  by the space of one whole month from thence next follow c and the indictment  be take before the month be out videlicet the October year which day of take  the indictment can never be c in SC ray it appear that the court be unanimous  of opinion that the plea be good notwithstanding this exception but in SC  Jones that the plea be hold ill because the defendant do not special answer  the fine and that therefore the judgement give for the plaintiff in the common  plea be affirm but see viner Abr shower KB er p reckon one for shower KB he  may go to church the three of October after the take of the indictment  Pemberton chief justice that be true neither of those day can be reckon into  the month a but we do not use to quash such indictment dolben justice not for  any small error or doubtful word but this can never be make good after a  verdict and therefore it be in vain to put they to try it whereupon it be  quash per curian