case the king against barn and other to a excommunication on Elizabeth c for  not resort to his parishchurch the defendant may plead in the court below or  to the return of the significavit in the king bench that he hear divine  service in another parish SC skin cro car vern salk Mod ld ray the defendant  barn and other be excommunicate for not come to their parishchurch they plead  the statute of Elizabeth c which inflict pecuniary penalty for not appear upon  the capias but enact that if the excommunicate person have not a sufficient  addition accord to the statute of I Henry c or if in the significavit it be  not contain that the excommunication proceed upon several cause in that  statute mention and among the rest for refuse to come to divine service he  shall not incur the penalty Mr pollexfen now make these objection first the  defendant be excommunicate for not come to his parishchurch which be not  require by this statute for if he do not refuse to hear divine service in any  church the penalty be save second the statute of addition require that the  condition and dwellingplace of the defendant shall be insert which be not do  in this case for they be excommunicate by the name of a b mercator b c scissor  and e f de parochian c which last addition of the parish shall refer to he  only last mention and not to all the rest and so it be always rule in  indictment show salk a modern the attorneygeneral contra the statute of  Elizabeth c be ground upon that of Elizabeth c which enjoin every person to  resort to his parishchurch or upon let thereof to some other or to forfeit  twelvepence every Sunday and holiday to be levy by the churchwarden there for  the use of the poor now though the parish be not name in this Act yet the law  must be interpret as it be then modern er p second the word parish go to all  so it be in information for riot and by astry clerk of the crown it be always  so in significavits yet quaere curian if the defendant have plead below or  here that he have hear divine service in any other church though not in his  own parish the penalty shall not have go out but be now incur there be no  remedy and the word parish go to all precede