case the king and parker against web to a information who tam on the Elizabeth  c S for not repair to church pursuant to Elizabeth c autrefois convict may be  plead on the statute Elizabeth c and by the Elizabeth c S on the conviction of  a feme covert for this offence the land and lease which the husband have in  her right may be seize by Exchequerprocess but queen if the conviction of a  feme covert on a indictment can be plead to a information against her and her  husband   roll bridge hawk p c Bac ab a feme covert may be convict alone of  recusancy land of a feme covert seize for recusancy information by Parker for  the king and himself against sir John web and his lady on the statute of  Elizabeth c S for that the wife be of the age of sixteen year do not repair to  any church or chapel to hear divine service at any time within eleven month  last pass wherefore he demand two hundred and twenty pound and pray to have  the three part thereof for himself accord to the statute the defendant plead  that this information be upon the statute of Elizabeth c S another statute be  make Elizabeth c whereby it be enact that every offender in not repair to  divine service who hereafter shall be thereof once convict shall in such of  the term of easter or Michaelmas as shall be next after such conviction pay  into the receipt of the exchequer after the rate of twenty pound for every  month which shall be contain in the indictment on which such conviction shall  be have and if default of payment be make that the queen shall take seize and  enjoy all the good and two part of the land and lease of such offender and it  be thereby further enact that upon the indictment of such a offender a  proclamation shall be make at the same assize wherein the say indictment shall  be take whereby shall be command that the body of such offender shall be  render to the sheriff of the same county before the next assize or  gaoldelivery and if at the next assize or gaoldeliver the same offender so  proclaim shall not make his appearance of record that then upon such a default  record the same shall be as sufficient a conviction as if it have be try by  verdict and they show that the wife be convict upon such a proclamation and  demand judgement if the informer ought to maintain this action Mr  attorneygeneral thereupon demurrer the sole point be whether a feme covert be  convict by the indictment at the king suit be liable to the suit of a informer  upon the statute of Elizabeth c S after the year that she be convict in the  decision of which question there be three statute to be take notice of and  consider croak James er p first the Elizabeth c S whereby it be enact that  every one who be absent for a month shall forfeit twenty pound for the month  be ind legitime intimacy to be demand in any court of record within a year  after second the Elizabeth c which provide further that if a man be once  indict for recusancy this indictment shall be good for the forfeiture and that  the offender shall forfeit by the month until such time as he conform himself  c croak throw three upon the Elizabeth c S which ordain that the forfeiture  may be recover by the queen by debt c whereas before there be not any remedy  for the queen to recover the entire but by indictment this statute of  Elizabeth c S do not repeal the former act be in the affirmative in proof  whereof be cite dyer a lessee for year ought to take hedgebote by assignment  yet he may take it without assignment for the affirmative do not take away the  power which the law give he so upon the statute Gregory case go and upon these  statute of recusancy the remedy be cumulative and not privative as by the  statute of Westminster the second c of elegit the king may take his execution  after the statute he may sue by Exchequerprocess if he please for he be within  the statute for his benefit but not for his disadvantage vide   and   and  whereas it have be object that the king by this suit by the informer will be a  loser because now he be to have but the three part whereas before he be to  have all after the husband death it be thereto answer that the law respect a  present benefit more than a future possibility   and to prove the king  prerogative in such case be cite Edward to know facias if the king bring a  action and the party die his writ shall not abate and Henry pl Henry pl Henry  pl and Edward bro new case pl if a information be exhibit in the exchequer by  a common person for the king and the defendant plead in bar and traverse the  information the king may traverse the matter of the bar if he please and be  not bind to maintain the matter contain in the without hoc c but on the  contrary side it be show by George croak that by the Elizabeth c S there be  not any new penalty give but a rend only for the ancient et no one debet bis  to punish pro to make one fault and if the husband shall be new charge and the  king after the death of the husband shall seize the good and land she have not  any remedy for she can have a hearing complaint against the king and in green  v Edward a where a information be bring for the cut down of two thousand tree  the defendant plead that at another time one I S have bring a information for  the same matter and it be demurrer thereupon and adjudge against the king the  reason there give be because a hearing complaint lie not against the king and  he agree to all the case before cite touch the king prerogative but it do not  extend to charge a man twice for one offence for that will be injustice and he  say that when the party be convict at the king suit it be so appropriate to  the king as no other may meddle therewith and to that purpose he vouch foster  case b and Harris case c where a information be exhibit upon the statute of  Edward c for buy of wool and afterward another inform against the same party  to have the speedy execution for the king and adjudge that he can not in the  James one Ormsdich inform against a papist after conviction and adjudge that  it lie not but note that be not in case of a feme covert in Trinity term James  in c b roll Threeles case and Trinity term James roll in c b accord croak  throw and whereas it have be object that she be a feme covert be not to be  charge he thereto answer that the husband be not charge but in respect of his  wife and therefore the person of the wife be discharge shall discharge the  husband also and Charnock v Woorsley a be cite where husband and wife seize of  land in right of his wife whereof the husband be entitle to be tenant by the  courtesy levy a fine thereof the wife be within age and upon error bring a cro  Elizabeth b   c cro Elizabeth a cro Elizabeth croak James er p adjudge that it  shall be reverse for both and that the husband shall rehave it so that the  fine be utter avoid also in case where the wife be convict of recusancy it be  usual to seize the land and lease which her husband have in her right by  Exchequerprocess and therefore late in the exchequer the wife of one wood be  convict there be seizure make of the land and tenement and also of her lease c  Montague chief justice agree that if she have be a feme sole it have be a good  bar but in this case he incline against the defendant et adjournatur b