case the king against sparling a conviction for curse and swear on the will c  must not only set forth the oath and curse but show that the defendant be not  any of the other character mention in the Act S c stram information upon the  statute will c this statute be repeal by Geo c which enact that if any person  shall profane curse or swear and be thereof convict on the oath of one witness  before any magistrate be shall forfeit and lose videlicet a daylabourer common  soldier common sailor and common seaman one shine every other person under the  degree of a gentleman two shilling and every person of or above the degree of  a gentleman five sidings c a make against profane curse modern report er p and  swear by which the offender forfeit two shilling for every oath other than a  servant labourer common soldier or sailor upon not guilty plead there be a  verdict for the prosecutor it be move in arrest of judgement first that this  information be too wide and uncertain because it do not set forth that the  defendant be not a servant common labourer common soldier or common sailor for  this modern report be in a criminal case it shall be intend that he be one of  those person if it do not appear that he be not therefore that matter ought to  have be special set forth see andr ld ray burr Rep burr but this question can  now arise for the Geo c prescribe the form in which the conviction shall be  draw a like the case where the defendant plead a pardon he must show that he  be a person not within either or any of the exception ante hawk p c ch S b  second that the oath ought to have specify in the information that the court  may judge of the nature of they for otherwise the informer make himself a  judge of the fact and that in his own cause which shall never be allow see  king v Chaveney ld ray king v Popplewell stram king v Robert c it be argue on  the other side that this information be good for if the defendant be either a  servant labourer common sailor or soldier he ought to have plead it or to have  give it in evidence at the trial but for the reason abovementioned the  conviction be quash michaelmas term the nine of George the first on a trial at  bar in the court of king bench sir John Pratt Knt chief justice sir Littleton  powys Knt sir Robert Eyre Knt sir John fortescue aland Knt justice