case the king against spark a indictment lie at session on Elizabeth c and car  c for use other prayer instead of the common prayer but it must state that  they be use instead of the prayer enjoin SC show roll Abr Poph Mod Mod Mod  hawk p c ld ray ld ray Cowp it be enact by the statute of Elizabeth c that  every minister shall use the church service in such form as be mention in the  book of common prayer and if he shall be convict of use any other form he  shall forfeit one whole year profit of all his spiritual promotion and suffer  six month imprisonment and by the statute car c S all minister be to use the  public prayer in such order and form as be mention in the common prayer book  with such alteration as have be make therein by the convocation then sit but  see the toleration Act will mary c S a modern er p modern the defendant be  indict at the quarter session in Devonshire for use alias preces in the church  et elsewhere modus than mention in the say book and conclude contra form to  cause to stand he be find guilty and fine one hundred mark and a writ of error  bring Mr pollexfen and Mr shower argue for the plaintiff in error that this  indictment be not warrant by any law and the verdict shall not help in the  case of a indictment for all the statute of Jeofails have leave they as they  be before now the fact as it be lie in this indictment may be no offence  because to use prayer elsewhere modus than enjoin by the book of common prayer  may be upon a extraordinary occasion and so no crime but if this shall not be  allow the justice of peace have not power in their session to inquire into  this matter see king v James stram salk a and if they have power they can not  give such a judgement because the punishment be direct by the statute the  whole court be of this opinion the chief justice say that the statute of the  Elizabeth c can have no influence upon this case because another form be now  enjoin by late statute but admit that offence against that statute be  inquirable by the justice the indictment ought to have allege that the  defendant use other form and prayer instead of those enjoin which be neglect  by he for otherwise every parson may be indict that use prayer before his  sermon other than such which be require by the book of common prayer