Andrews garland who tam c against burton a information for nonresidence need  not allege that the defendant be institute and induct objection that the  defendant be describe parson or vicar overrule such information do not lie  before justice of oyer and termini at the assize see ante SC n v Bevan William  term Rep b r n S p SC ante information who tam by c g clerk of assize against  the defendant upon the statute of h c S for nonresidence and it allege that he  be a spiritual person and parson or vicar of the parishchurch of c in the  county of h for four whole month next before c do not keep his abide c and  this information be remove hither by certiorari the defendant demurrer and it  be show for cause of demurrer by Mr Bootle that it be not allege in the  information that the defendant be institute and induct into this church as it  ought to be in this case it be a prosecution for a penalty and so it be state  in cro car send non allocatur and chapel just say that though this may be  necessary to be show where the plead be on the part of the defendant it be  otherwise where the matter come on the side of a plaintiff and he cite salk it  be object that this information ought not to be in the disjunctive and the  word be parson or vicar send non allocatur for as lee c j say the Act extend  to both and by chapel just the word here as synonymous it be urge and this be  the objection principal rely upon that this information do not lie before  justice of oyer and termini at the assize because there the party can cast a  essoin or have wager of law or protection allow which this statute express  mention Farringtons case cro car SC hetl cro car W Jones in answer to this  objection it be argue by solicitor general strange that the assize be hold  before the Andrews same judge who sit in westminsterhall they may proper fall  within the word the king court and it have often be determine that the assize  have jurisdiction in case where the statute ousts essoin c as in information  upon in e c for sell cattle alive king and Gawll salk king and Hicks ibidem  farthing who tam and martyr a ante a mich g in this court action on the  statute of h for nonresidence and it be move in arrest of judgement that the  action ought to have be bring in the county where the cause of action arise  and for this reason the judgement be Andrews er p arrest indeed if the Act  upon which the present information be bring have give the defendant a essoin c  he may reasonable have object to the bring it at the assize because there he  can not have it butas no essoin c be by this Act allow it be quite immaterial  where the information be bring but the whole court be clear of opinion for the  reason and upon the authority that be mention on the part of the defendant  that this information be not well bring and they also cite Farringtons case as  it be report in hut raym hale hist p c messenger and Robson b ante ld ray b  mich in g in c b information upon the statute of Elizabeth c and I I c for  exercise the trade of a feltmonger without have serve a apprenticeship thereto  for seven year and it be move in arrest of judgement that the information be  not bring in the county where the cause of action arise accord to the statute  of James and several case be thereupon cite and there be a rule to show cause  and Eyre c j there say that the session have no jurisdiction and that if the  plaintiff can not proceed in the superior court he will be without remedy and  he distinguish it from the case of the king and Gawll and the king and Hicks  and lee c j and chapel just now say that in the king and Gawll there be never  any determination the matter be compromise and in farthing and martyr there be  only a rule to show cause for Andrews one of the party die no cause be ever  show and by chapel just the case of Gawll and flick do not affect the present  case because those be find on a statute which give authority to justice of  peace at the quartersession to determine all offence do contrary thereto  judgement therefore upon this point for the defendant ex relation of one  another