portion to the loss of a man's livelihood; besides it was' urged, that a mandamus' ought to lie in this cafe, as welt as for an attorney of an inferior court, becaufe this is an officer of a more publick concern. 3 Bac. Abr. 531.

For the fees of proctors; See Tit. Fees.

Procuration. See ilitation,

ALL

common law.

LL blafphemies against God, as denying his being Profaneness inor providence; and all. contumelious reproaches, dictable by the of Jefus Chrift; all profane fcoffing at the holy fcripture, or exposing any part thereof to contempt or ridicule; all impoftures in religion, as falfly pretending to extraordina ry commiffions from God, and terrifying or abufing the people with falfe denunciations of judgments; and all open lewdness grofsly fcandalous; inafmuch as they tend to fubvert all religion or morality, which are the founda tion of government, are punishable by the temporal judges with fine and imprisonment, and also such corporal infamous punishment as to the court in difcretion fhall; feem meet, according to the heinoufness of the crime. 1 Haw. 7.

Alfo, feditious words, in derogation of the established, religion, are indictable, as tending to a breach of the peace; as thefe, your religion is a new religion, preaching is but prattling, and prayer once a day is more edifying. Haw. 7.

1 *

2. By the 9 & 10 W. . 32. If any perfon, having been educated in or at any time having made profeffion of the chriftian religion within this realm, fhall by writing printing teaching or advifed fpeaking deny any one of the Berfons in the Holy Trinity to be God, or fhall affert or maintain there are more gods then one, or fhall deny the christian religion to be true, or the holy fcriptures of the old and new teftament to be of divine authority, and fhall upon indictment or information in any of his majesty's courts at Westminster or at the affizes, be thereof law, fully convicted by the oath of two or more witnesses; he hall for the firft offence be difabled to have any office or employ

P4

Depraving the chriftian religion by words or

writing.

Profaning the fame in stageplays.

Nailer's cafe.

Curi's cafe.

employment or any profit appertaining thereunto; for the fecond offence fhall be difabled to profecute any action or information in any court of law or equity, or to be guardian of any child, or executor or administrator of any perfon, or capable of any legacy or deed of gift, or to bear any office for ever within this realm, and shall alfo fuffer imprisonment for the space of three years from the time of fuch conviction. f. 1. -

Provided, that no perfon fhall be profecuted by this act for any words fpoken, unless the information thereof fhall be given upon oath before a justice of the peace," within four days after fuch words spoken; and the pro fecution of fuch offence be within three months after fuch information. f. I

Provided, that any perfon, convicted of any the afore, faid crimes, fall for the first offence (upon his acknow ledgment and renunciation of fuch offence or erroneous opinions in the fame court where he was convicted, with in four months after his conviction) be difcharged from: all penalties and difabilities incurred by fuch conviction, J. 3.

3. By the 3 a. c. 21. If any perfon fhall in any stageplay, interlude, fhew, make game, or pageant, jeftingly or profanely speak, or use the holy name of God, or, of Chrift Jefus, or of the Holy Ghoft, 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 fue for the fame in any court of record at Westminster.

4. In the year 1656, James Nailer for perfonating our Saviour, and fuffering his followers to worship him, and pay him divine honours, was fentenced to be fet in the pillory, and to have his tongue bored through with a redhot iron, and to be whipped, and ftigmatized. in the fore head with the letter B. I St. Tr. 802...

5. M. 1 G. 2. K. and Curl. An information was exhibited by the attorney general, against the defendant Edmund Curl, for printing and publishing a certain obscene book, fetting forth the feveral lewd paslages, and concluding against the peace. It was moved in arreft of judge ment, that however the defendant may be punishable for this in the fpiritual 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 confidera tion, the court at Jaft gave it as their unanimous opinion, that this was a temporal offence; and the defendant was fet in the pillory.. Str. 788.

6. E. 2 G. 2. K. and Woolfton. He was convicted on Woolton's cafe. four informations for his blafphemous difcourfes on the miracles of our Saviour. And attempting to move in arreft of judgment, the court declared they would not suffer it to be debated, whether to write against chriftianity in general was not an offence punishable in the temporal courts at common law. They defired it might be taken notice of, that they laid their stress upon the word general, and did not intend to include difputes between learned men upon particular controverted points. The next term he was brought up, and fined 251. for each of his four difcourfes, to fuffer a year's imprisonment, and to enter into a recognizance for his good behaviour during his life, himfelf in 3000l. and 2000l. by others. Str. 834.

7. M. 3 G. 3. K. and Peter Annet. The defendant was Annet's cafe, convicted on an information, for writing a moft blafphemous libel in weekly papers, called the Free Inquirer; to which he pleaded guilty, In confideration of which, and of his poverty, of his having confeffed his errors in an affidavit, and of his being 70 years old, and fome. fymptoms of wildness that appeared on bis infpection in court; the court declared, they had mitigated their ins tended fentence to the following, viz. To be imprifoned in Newgate for a month; to ftand twice in the pillory, with a paper on his forehead, infcribed Blafphemy; to be fent to the house of correction, to hard labour, for a year; to pay a fine of 6 s. 8d.; and to find fecurity, himself in 100l. and two fureties in sol. each, for his good behaviour during life. Black. Rep. 395.

163

[In 1794, Richard Brothers, who had been an officer Brothers's cafe. in the navy, ftiled himself Nephew of God, and pretended that he was a Prince and Prophet fent to restore the Jews to Jerufalem. He applied many parts of the Revelations to the prefent times, but predicting in his writings the downfal of monarchy in Europe, the innocence of the prifoners then charged with high treason, the destruction of London, the king, parliament, and British government, be was in March 1795 arrested by a warrant from the fecretary of state on fufpicion of treasonable practices, and examined before the privy council. Afterwards a com miffion of lunacy iffuing against him, the jury found him a lunatick, and he was confined in a private madhouse. His caufe was efpoufed in the house of commons by a gentleman of great learning, N. B. Halhed, efg.]

8. By the 22 G. 2. c. 33, art. 2. All flag officers, and Navy. all perfons in or belonging to his majesty's fhips or vef

fels

fels of war, being guilty of profane oaths, curfings, exe». crations, drunkenness, uncleanness, or other fcandalous actions, in derogation of God's honour, and corruption of good manners, fhall incur fuch punishment as a court martial fhall think fit to impofe, and as the nature and degree of their offence fhall deferve.

For profane curfing and fwearing, See title Swearing.

Herefy, is treated of under the title of that name.

Prohibition.

cales merely

Spiritual.

Not grantable in Y the ftatute of Circumfpe&te agatis, 13 Ed. BY ft. 4. The king to his judges fendeth greeting. Ufe your felves circumfpectly in all matters concerning the bishop of Norwich and his clergy, not punishing them if they bold plea in court chriftian of fuch things as be mere fpiritual, that is ta wit, of penance enjoined by prelates for deadly fin, as fornication, adultery, and fuch like, for the which fometimes corporat penance, and fometimes pecuniary is injoined, specially if a freeman be convict of fuch things: Also if prelates do punish for leaving the churchyard unclosed, or for that the church is uncovered, or not conveniently decked; in which cafes none other penance can be injoined but pecuniary: Item, if a parfon de mand of his parishioner's oblations or tithes due and accustomed; or if any parfon do fue against another parfon for tithes greater er fmaller, fo that the fourth part of the value of the benefice be not demanded: Item, if a parfon demand mortuaries, in places where a mortuary bath been used to be given: Item, if a prelate of a church, or a patron, demand of a parfon a pen fion due to him; all fuch demands are to be made in a fpiritual court. And for laying violent hands on a clerk, and in caufe 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 fin; and likewife for breaking an dath: In all cafes afore rehearsed, the fpiritual judge hall have power to take knowledge, notwithstanding the king's prom

hibition.

In all matters concerning the bishop of Norwich, and his clergy The bishop of Norwich is here put only for exam ple; but it extendeth to all the bishops within this realm.

2.Inft. 487. The faid act having been made on petition of the bishop of Norwich; as, generally, acts of parlia ment in ancient times were founded on antecedent petitions.

*..Of fuch things as be mere fpiritual] Not having any mix, ture of the temporalties; as herefy, fchifms, holy orders, and the like. 2 Inft. 488.

So that the fourth part of the value of the benefice be not demanded] So as at this day, in cafe where one parfon of the prefentation of one patron demands tithes against another parfon of the prefentation of another patron in court chriftian, amounting to a fourth part of the value of the benefice; the right of tithes at this day is to be tried at the common law. 2 Inft. 491.

2. It hath been holden that if the spiritual court do proceed wholly on their own canons, they shall not be at all controuled by the common law (unless they act in de rogation from it, as by queftioning a matter not triable before them, as the bounds of a parifh, or the like; for they fhall be prefumed to be the best judges of their own Jaws: and therefore in such case, if a perfon is aggrieved, his proper remedy is not by prohibition, but by appeal. Haw. 4.13. Ayt. Par 171, 438.

3. In cafe the principal matter belong to the cognizance Not for trying of the fpiritual court, all matters incidental (tho' other temporal inciwife of a temporal nature) are alfo cognizable there; and dents. no prohibition will lie, provided they proceed in the trial of fuch temporal incident, according to the rules of the temporal law. ↑

Thus in the cafe of Shorter and Friend, H. 1 W. An executor being fued for a legacy in the fpiritual court, pleaded payment, and offered to prove it by one witness ; which the judge refufed, and gave fentence against him. Upon this matter fuggefted, a prohibition was moved for. And by the court; 1. Where the ecclefiaftical court proceedeth in a matter merely fpiritual, if they proceed in their own manner, tho' it is different from the common law, no prohibition lieth; as in probate of wills, there if they refufe one witness, no prohibition lieth. 2. Where they have cognizance of the original matter, and an incident happens which is of temporal cognizance, or triable by the common law; they shall try the incident, but must try it as the common law would thus in a fuit for tithes, or for a legacy, if the defendant pleads a release or payment; or in a fuit to prove a will, if the defendant plead a

revocation.