Obrazy na stronie

and after due monition shall not reform himself, let him be for ever removed from his practice.

10. It hath been adjudged that no mandamus lies to restore a Restoring proctor of doctor's commons, admitting that no appeal lay from proctors. the dean of the arches to the archbishop as visitor ; because this is an ecclesiastical office, and a matter properly and only cognizable in that court; and that the temporal courts are not to intermeddle, or inquire into this sentence or into the proceedings in any matters whereof they have a proper jurisdiction, but are to give credit thereunto; although it was urged, that if a mandamus did not lie in this case, the party would be without remedy, for that no assize would lie of this office; and though an action on the case might lie, yet it may be defective, because a jury may not well compute the damages in proportion to the loss of a man's [ 215 ] livelihood; besides it was urged, that a mandamus ought to lie in this case, as well as for an attorney of an inferior court, because this is an officer of a more public concern. 3 Bac. Abr. 531.

For the fees of proctors; see tit. Fees.

Procuration. See Uisitation.


Profaneness. 1. ALL blasphemies against God, as denying his being or pro- Profane. ++ vidence; and all contumelious reproaches of Jesus Christ; ness indict

able by the all profane scoffing at the holy scriptures, or exposing any part thereof to contempt or ridicule; all impostures in religion, as law. falsely pretending to extraordinary commissions from God, and terrifying or abusing the people with false denunciations of judgments; and all open lewdness grossly scandalous; inasmuch as they tend to subvert all religion or morality, which are the foundation of government, are punishable by the temporal judges with fine and imprisonment, and also such corporal infamous punishment as to the court in discretion shall seem meet, according to the heinousness of the crime. 1 Haw. P. C. 7. (3)

Also, seditious words, in derogation of the established religion, are indictable, as tending to a breach of the peace; as these, your

(3) For Christianity is part of the laws of England, Taylor's case, 1 Ventr. 293. 3 Keb. 197. 607. 62). Woolston's case, Fitzg. 64. Stra. 834. So per Prisot C. J. of C P. 34. H. VI. 40. “ Scripture est common ley sur quel tous manieres de leis sont fondes." And see Annett's case, 1 Bla. R. 395.

religion is a new religion, preaching is but prattling, and prayer

once a day is more edifying. i Haw. 7. Depraving

2. By the 9 & 10 W. c. 32. If any person, having been educatthe Christian religion ed in, or at any time having made profession of the Christian reliby words gion within this realm, shall by writing, printing, teaching, or or writing. advised speaking, [deny any one of the Persons in the Holy Tri* Repealed nity to be God,*] or shall assert or maintain there are more gods by 53 G. 3. c.160. $ 1.

* than one, or shall deny the Christian religion to be true, or the infra. holy scriptures of the Old and New Testament to be of divine

authority, and shall upon indictment or information in any of his majesty's courts at Westminster, or at the assizes, be thereof law

fully convicted by the oath of two or more witnesses : he shall for [ 216 ] the first offence be disabled to have any office, or employment, or

any profit appertaining thereunto; for the second offence shall be disabled to prosecute any action or information in any court of law or equity, or to be guardian of any child, or executor, or administrator of any person, or capable of any legacy or deed of gift, or to bear any office for ever within this realm, and shall also suffer imprisonment for the space of three years from the time of such conviction. $ 1.

Provided, that no person shall be prosecuted by this act for any words spoken, unless the information thereof shall be given upon oath before a justice of the peace, within four days after such words spoken; and the prosecution of such offence be within three months after such information, 1.

Provided, that any person, convicted of any the aforesaid crimes, shall for the first offence (upon his acknowledgment and renunciation of such offence or erroneous opinions in the same court where he was convicted, within four months after his conviction) be discharged from all penalties and disabilities incurred by such conviction. § 3. (4)

By 53 Geo. 3. c. 160. Intituled • An act to relieve persons who impugn the doctrine of the Holy Trinity from certain penalties,' it is enacted ($ 1) that 1 W. & M. st. 1. c. 18. § 17. as far as relates to denying the Trinity is repealed. By $ 2. Stat. 9 & 10 W. 3. C. 32. is repealed as far as relates to the same subject. By $ 3. acts of C. 2. Sc. 1. Parl. c. 21. and 1 Parl. W. 3. Sc. sess. 5. c. 11. against blasphemy (recited 3 Meriv. Rep. 398. notis) are repealed. By 57 G. 3. c. 70. Stat. 6. G. 1. Ir. ' for exempting the protestant dissenters of Ireland from certain penalties to which they are now subject,' is repealed as far as relates to any penalty or disqua

(4) The statute 9 & 10 W.3. c. 32. does not take away the common law punishment for this offence, but gives a cumulative punishment, and the prosecutor may still proceed either at common law or in the method prescribed by the statute. The King v. Carlile, 3 B. & A. Rep. 161.

lification for denying the Trinity, and 53 G. 3. c. 160. is extended to Ireland.

3. By the 3 J. c. 21. If any person shall in any stage-play, in- Profaning terlude, shew, make game, or pageant, jestingly or profanely the same in speak, or use the holy name of God, or of Jesus Christ, or of the stage pla Holy Ghost, or of the Trinity, which are not to be spoken but with fear and reverence: he shall forfeit 101. half to the king, and half to him that shall sue for the same in any court of record at Westminster.

4. In the year 1656, James Nailer for personating our Saviour, Nailer's and suffering his followers to worship him, and pay him divine case. honours, was sentenced to be set in the pillory, and to have his tongue bored through with a red-hot iron, and to be whipped, and stigmatized in the forehead with the letter B. 1 St. Tr. 802.

5. M. 1 G. 2. K. and Curl. An information was exhibited by Curl's case. the attorney general, against the defendant Edmund Curl, for printing and publishing a certain obscene book, setting forth the several lewd passages, and concluding against the peace. It was moved in arrest of judgment, that however the defendant may be punishable for this in the spiritual court, as an offence against good manners, yet it cannot be a libel for which he is punishable in the temporal courts. But after long debate and consideration, the court at last gave it as their unanimous opinion, that this was a temporal offence; and the defendant was set in the pillory. Str. 788.

6. E. 2 G. 2. K. and Woolston. He was convicted on four in- Woolston's formations for his blasphemous discourses on the miracles of our case. Saviour. And attempting to prove in arrest of judgment, the L 21 court declared they would not suffer it to be debated, whether to write against Christianity in general was not an offence punishable in the temporal courts at common law. They desired it might be taken notice of, that they laid their stress upon the word general, and did not intend to include disputes between learned men upon particular controverted points. The next term he was brought up, and fined 25l. for each of his four discourses, to suffer a year's imprisonment, and to enter into a recognizance for his good behaviour during his life, himself in 30001. and 20001. by others. Str. 834.(5)

7. M. 3 G. 3. K. and Peter Annet. The defendant was convict- Aunet's ed on an information, for writing a most blasphemous libel in case. weekly papers called the Free Inquirer; to which he pleaded guilty. In consideration of which, and of his poverty, of his having confessed his errors in an affidavit, and of his being 70 years old, and some symptoms of wildness that appeared on his inspection in court; the court declared, they had mitigated their intend· (5) Fitzgibb. Rep. 64:'S.C. See Starkie on Libel, 495, 496.

Brother's case,

ed sentence to the following, viz. To be imprisoned in Newgate for a month; to stand twice in the pillory, with a paper on his forehead, inscribed Blasphemy; to be sent to the house of correction to hard labour for a year; to pay a fine of 6s. 8d.; and to find security, himself in 100l. and two sureties in 50l. each, for his good behaviour during life. Bla. Rep. 395.

[In 1794, Richard Brothers, who had been an officer in the navy, styled himself Nephew of God, and pretended that he was a Prince and a Prophet sent to restore the Jews to Jerusalem. He applied many parts of the Revelations to the present times, but predicting in his writings the downfal of monarchy in Europe, the innocence of the prisoners then charged with high treason, the destruction of London, the king, parliament, and British government, he was in March 1795 arrested by a warrant from the secretary of state on suspicion of treasonable practices, and examined before the privy council. Afterwards a commission of lunacy issuing against him, the jury found him a lunatic, and he was confined in a private madhouse. His cause was espoused in the house of commons by a gentleman of great learning, N. B.

Halhed, esq.] Navy. 8. By the 22 G. 2. c. 33. art. 2. All flag officers, and all per[ 218 ] sons in or belonging to his Majesty's ships or vessels or war,

being guilty of profane oaths, cursings, execrations, drunkenness,
uncleanness, or other scandalous actions, in derogation of God's
honour, and corruption of good manners, shall incur such punish-
ment as a court martial shall think fit to impose, and as the na-
ture and degree of their offence shall deserve.

For profane cursing and swearing, see title Swearing.
Heresy is treated of under the title of that name.

Prohibition. (6)

See Consultation. Not grant- 1. BY the statute of Circumspecte agatis, 13 Ed. 1. st. 4. The merely spi

• king to his judges sendeth greeting. Use yourselves cirritual. (7) cumspectly in all matters eoncerning the bishop of Norwich and his


(6) Prohibition is an action founded upon an attachment for a contempt where the defendant proceeds after a writ of prohibition served upon him. Com. Dig. tit. Pleader (3 H.) The writ may be moved for in Chancery, K. B., C. P., or Exchequer, See Com. Dig. tit. Prohibition (B).

(7) See Com. Dig. tit. Prohibition, (G. 1.). Pleader, (3 H.) Pro

clergy, not punishing them if they hold plea in court christian of
such things as be mere spiritual, that is, to wit, of penance en-
joined by prelates for deadly sin, as fornication, adultery, and
such like, for the which sometimes corporal penance, and some-
times pecuniary is injoined, specially if a freeman be convict of
such things: Also if prelates do punish for leaving the church-
yard unclosed, or for that the church is uncovered, or not con-
veniently decked: in which case none other penance can be
injoined but pecuniary: Item, if a parson demand of his parish-
ioners oblations or tithes due and accustomed; or if any parson
do sue against another parson for tithes greater or smaller, so
that the fourth part of the value of the benefice be not demanded :
item, if a parson demand mortuaries, in places where a mortuary
hath been used to be given : Item, if a prelate of a church, or a
patron, demand of a parson a pension due to him; all such de-
mands are to be made in a spiritual court. And for laying ·
violent hands on a clerk, and in cause of defamation, it hath been
granted already, that it shall be tried in a spiritual court, when
money is not demanded, but a thing done for punishment of sin;
and likewise for breaking an oath : In all cases afore rehearsed,
the spiritual judge shall have power to take knowledge, notwith-
standing the king's prohibition.

In all matters concerning the bishop of Norwich, and his clergy] The bishop of Norwich is here put only for example; but it extendeth to all the bishops within this realm. 2 Inst. 487. The said act having been made on petition of the bishop of Norwich; [ 219 ] as, generally, acts of parliament in ancient times were founded on antecedent petitions.

Of such things as be mere spiritual] Not having any mixture of the temporalties; as heresy, schisins, holy orders, and the like. 2 Inst. 488.

So that the fourth part of the value of the benefice be not demanded] So as at this day, in case where one parson of the presentation of one patron demands tithes against another parson of the present

hibition to stay the consistory court of London from proceeding in a suit where party cited as within the jurisdiction of an ecclesiastical court, but resident in another jurisdiction, had appeared and submitted to the suit, was refused, per Vice Ch. 4 Aug. 1821. 1 Add. Rep. 19. (a) Whether or not the spiritual court has jurisdiction over a cause depends not on the parties being ecclesiastical persons, but on the nature of the question in dispute : Thus where the right to tithes is admitted, and a question arises between rector and vicar to which of them they are payable, that is a question triable by the spiritual court, and is no subject of prohibition. Cheeseman v. Heby,

Willes, 680. Drake v. Taylor, 1 Stra. 87. acc. See Com. Dig. tit. * Prohibition (G. 6.)

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