case the king and queen against Alsop a statute can be abrogate by non user  the defendant be convict before the justice of peace in session upon a  indictment bring against he upon the statute of Edward c and upon that  conviction he be commit and afterward bring a habeas corpus and be in court  several exception be take to the indictment first it be agree on all side that  this statute be in force by which it be enact that no person shall shoot in  any place any bailshot or more pellet than one at one time upon pain to  forfeit for every time that he or they shall so offend ten pound and  imprisonment for three month repeal by the will c S b second it be object that  the indictment set forth that the defendant do shoot cony in Codden wood but  it do not appear where he stand when he shoot which may be in modern several  will and the shoot be the offence it must be certain lie so that upon this  indictment there can be no issue three there be no judgement give upon this  indictment for it be say quod forisfacerit c it shall have be forisfaciat it  be like to know for to know but the court will not quash the conviction upon  these exception at another day the matter of law be speak to that the justice  of peace have no general jurisdiction to bear and determine this offence for  though their commission be ad peace conserve yet that power be restrain to  case only of open violence so likewise by virtue of their commission they may  inquire de omnibus et one be injured et collision which word also have a  qualification of such offence only into which they may lawful inquire   cro  Elizabeth a if therefore they have no power by the general word of their  commission which be restrain as aforesaid then they must have a authority by  the statute but that give they none therefore the judgement ought to be quash  e contra the justice have cognizance of this matter both by statute and also  by virtue of their commission first by virtue of the statute of Henry c which  enact that no person shall shoot in a gun under the length of one yard on pain  to forfeit ten pound power be thereby give to the justice of peace in their  session to hear and determine offence contrary to that law now this indictment  be conclude general contra form set up so that any statute will warrant and  maintain this indictment which give the justice authority in such case but the  offence against the statute of Edward c be also enquirable by they in their  session because that statute be not introductory of a new law but supplemental  to that of Henry c it be recite therein and it be provide that it shall not  restrain those from shoot who have authority so to do by that former Act and  that all other who shall presume to shoot shall present their own name to the  next justice of peace who be modern er p to see they record at the session so  that it seem to be a offence inquirable there to this it be answer that the  name of such person be to be present and record at the session that the king  may know what man be able to serve he in his war modern second that the  justice of peace have authority to inquire into this offence by virtue of  their commission which give they cognizance of several act of parliament ever  since they themselves be erect by the statute of Edward and it will be a vain  thing to stuff their commission with the recital of several statute when the  general word will and may give they sufficient power in the beginning of their  commission it be assignavimus thou c ad peace conservand c ac ad in all  respects to cause to stand et in ranks pro good peace our men c custodiend  which be general word and this be a offence against the peace and therefore  they have power to inquire into it dolben justice be of this opinion the chief  justice contra the justice of peace by the general word of their commission  have power to punish offence against any statute make concern the peace of the  nation but by the Act upon which this indictment be bring the peace be no wise  concern because the offence thereby create be for want of due qualification of  the person to shoot which be not a offence against the peace this can be a  indictment upon the statute of Henry c because they do not set forth the  length of the gun which by that law ought to be a yard long and therefore the  general conclusion contra form set up will not help it and for these reason  the indictment be quash but it be agree that the party may be indict for this  offence before the justice of oyer and terminer but not before justice of the  peace for want of jurisdiction