Conclufion. manner, and agreed to be the uniform practice ever fince. And E. 1 Geo. 2. between Sir Thomas Bury and Cross, the fame doubt was raifed by a new mafter; and the court ordered cofts from the first motion. Str. 82. M. 10 G. 2. Middleton and Croft. The plaintiff in prohibition, having prevailed in one point, altho' he failed in all the reft, moved for colts, and it was moved that they might be taxed from the time of the first motion, according to feveral determinations. And this laft was acquiefced in, if the court should be of opinion for cofts. As to which, it was objected, that the point in which the plaintiff prevailed was not the git of the proceedings, but only a circumftance; and that it would be very hard, that they who had prevailed upon the merits, fhould pay cofts. But by the court, The words of the act are not to be got over, which give costs to the plaintiff, if he obtains any judgment: and this matter was under confideration in the houfe of lords in Dr. Bentley's cafe, where the prohibition flood as to fome articles, and there was a confultation for the reft: to be fure it will be confidered in the quantum, but we cannot deny cofts. Str. 1062. H. 14 G. 2. Gegge and Jones. Upon fhewing caufe against a prohibition, the court made the rule abfolute, with a direction that the plaintiff fhould declare in prohibition. He tendred a declaration, but the defendant refufed it, and applied to ftay proceedings, as being willing to fubmit. The other infifted he had a right to go on, and fo get the cofts of the motion, which he could not otherwife have. But the court ftayed the proceedings without cofts; faying, the direction to declare was in favour of the defendant, who might waive it. Str. 1114. 20. To conclude; Sir Simon Degge obferveth, that prohibitions of themselves are excellent things, where they are used upon juft, legal, and true grounds; and have often avoided the ufurpations of the popes and fpiritual courts. But by the corruption of these later times, they are grown very grievous to the clergy (in the recovering of their tithes and other rights), being too often granted upon feigned and untrue fuggeftions, which it is impoffible the judges fhould forefee without the spirit of prophecy. And (he adds) I think I may prefume to fay, that where one was granted before queen Elizabeth's time, there have been a hundred granted in this laft age. And they are a very great delay and charge to the clergy; and it were well (ays he) in my poor judgment, if the reverend judges would think of fome way to reftrain them, or to to make them pay well for their delay, by making the plaintiff enter into recognizance to pay fuch costs as the court out of which they iffue fhould award, in cafe they should not prove their fuggeftion in convenient time: or some such other courfe as they in their great wifdom shall think juft and meet. Deg. p. 2. c. 26. (0) Note, Confultation is treated of under the title of that name. Provifors. See Courts. Pfalmody. See Publick worship. Publick Notary. See Notary Publick. (0) The practice of the courts of common law, in granting prohibitions, was ferioufly complained of in the reign of James I. by archbishop Bancroft, who in the name of the whole clergy exhibited to the privy council against the judges, "certain articles of abufes which were defired to be reformed in granting of prohibitions;" but his objections were fully anfwered by them. 2 Inft. 601. If a prohibition be improperly obtained by an untrue fuggeftion, a confultation will be awarded, which remits the caufe to the proper jurifdiction; -fee Confultation. And our judges have faid "it is a rule not to grant a prohibition where the proceedings in ecclefiaftical courts are not against the law of the land and the liberty of the fubject." Cro. Jac. 431. For according to Mr. J. Blackstone, as on the one hand the courts of Westminster lend the ecclefiaftical courts a parental affiftance in aiding the compulfive powers of their jurifdiétion; fo on the other they are obliged fometimes to exercife a parental authority by restraining those powers within their proper limits. Vol. 3. p. 103. For the form of pleadings on a writ of prohibition, fee Soby v. Molins, Plowd. 468. Q4 refort to church. -I. Due attendance on the publick worship. I. Due attendance on the publick worship. All perfons hall 1. Can. 90. THE churchwardens or queftmen of every parish, and two or three more discreet perfons to be chofen for fidemen or affiftants, fhall diligently. fee that all the parishioners duly refort to their church upon all fundays and holidays, and there continue the whole time of divine fervice: and all fuch as fhall be found flack or negligent in reforting to the church (having no great or urgent caufe of abfence) they fhall earnestly call upon them; and after due monition (if they amend not) they fhall prefent them to the ordinary of the place. On pain of pu nishment by the cenfures of the church. On pain of 12 d. a funday. 2. By the 5 & 6 Ed. 6. c. 1. All perfons fhall diligently and faithfully (having no lawful or reasonable excuse to be abfent) endeavour themselves to refort to their parish church or chapel accuftomed, or upon reasonable let thereof, to fome ufual place where common prayer and fuch fervice of God ball be ufed in fuch time of let, upon every funday and other days ordained and ufd to be kept as holidays; and then and there to abide orderly and foberly during the time of the common prayer, preaching, or other fervice of God: on pain of punishment by the cenfures of the church. 1. 2. And for the due execution hereof; the king's most excellent majefty, the lords temporal, and all the commons in this pre-... fent parliament affembled, do in God's name require and charge all the archbishops, bishops, and other ordinaries, that they fball endeavour themfelves to the utmost of their knowledges, that the due and true execution thereof may be bad throughout their diocefes and charges, as they will answer before God for fuch evils and plagues wherewith Almighty God may juftly punish his people, for neglecting this good and wholefome law. f. 3. endeavour themselves to refort to their parish church or chapel accustomed, or upm reasonable let thereof, 10 fome ufual place where common prayer and fuch service of God fhall be used, in fuch time of let, upon every funday, and other days ordained and used to be kept as holidays, and then and there to abide orderly and foberly, during the time of the common prayer, preaching, or other fervice of God there to be used and minifred; on pain of punishment by the cenfures of the church, and alfo upon pain that every perfon fo offending shall forfeit for every fuch offence 12 d. to be levied by the churchwardens of the parish where fuch offence shall be done, to the use of the poor of the fame parish, of the goods and lands of fuch offender, by way of diftrefs. f. 14. All perfons] Femes covert as well as others. Gibf. 29. Except diffenters qualified by the act of toleration, who refort to fome congregation of religious worship allowed by that act. W. c. 18. f. 2. 16. [And perfons who fhall take the oaths and come to fome congregation or place of religious worship permitted to Roman catholicks by 31 G. 3. c. 32. J. 9.] But they who repair to no place of publick worship, are ftill punishable as before that act for the 31 G. 3. . 32.]. And if the church- wardens fhall happen to prefent a perfon, who poffibly may go to fome other place; the proof thereof rests upon the perfon prefented, and the abfence from church juftifies the prefentment. Gibf. 964. Having no lawful or reasonable excufe] in the cafe of Elizabeth Dormer, an exception was taken to the indictment, because these words were omitted, not having any lawful or reasonable excufe; but it was agreed by all, that these words are to come in on the other fide, and need not be put into the indictment. Gibf. 291. To their parish church] If one goes to a customary chapel within the parifh, it is a good excufe; but this must be pleaded. Gibf. 292. If the plea in the fpiritual court be, that this is not his parish church, and they refuse the plea, a prohibition will be granted; because that court cannot intermeddle with the precincts of parishes. Gibf. 292. Or upon reasonable let thereof, to fome afual place where common prayer and fuch fervice of God fhall be used in fuch time of let] By the common law or practice of the church of England, no perfon can be duly discharged from attend. ing his own parish church, or warranted in reforting to another, unless he be firft duly licensed by his ordinary, who is the proper judge of the reasonableness of his re queft, queft, and grants him letters of licence under seal, to be exhibited (as there fhall be occafion) in proof of his difcharge. Which licences are very common in our ecclefiaftical records. Gibf. 291. And there to abide orderly and foberly] It is not enough to come, unless he also abide; nor enough to abide when he is come, unless he come fo as to be prefent at the feveral parts of divine fervice, and alfo remain there throughout orderly and foberly; the claufe being penned conjunctively, and fo the guilt and forfeiture incurred by the violation of any one branch. Gibf. 292. Among the conftitutions of Egbert, archbishop of York, one is, that whilft the minifter is officiating, if any perfon fhall go out of the church, he shall be excommunicated; and this is taken from a canon of the fourth council of Carthage. Gibf. 964. And all archbishops and bishops, and every of their chancel lors, commiffaries, archdeacons, and other ordinaries having any peculiar ecclefiaftical jurifdi&tion, shall have power to inquire bereof in their vifitation, fynods, and elfewhere within their jurifdiction at any other time and place, and to take accufation, and informations of all and every the things abovementioned, done committed or perpetrated within the limits of their jurifdictions; and to punish the fame by admonition, excommunication, fequeftration, or deprivation, and other cenfures and procefs, in like form as heretofore hath been used in like cafes by the queen's ecclefiaftical laws. f. 23. And the juftices of affize shall have power to inquire of, bear and determine the fame, at the next affizes; and to make procefs for execution, as they may do against any perfon being indicted before them of trespass, or lawfully convicted thereof. And every archbishop and lifhop may at his liberty and plecfare join and affociate him felf to the justices of affize, for the inquir ing of, hearing and dctermining the fame. f. 17, 18, 19. And all mayors bailiffs and other head officers, of cities boroughs and towns corporate to which jufices of affize do not commonly repair, fhall have power to inquire of hear and determine the fame yearly within fifteen days after the feaft of Eafter and St. Michael the archangel; in like manner and form as the justices of affize may do. f. 22. Alfo by the 3 J. c. 4. If any fubject of this realm shall not repair every funday to fome church chapel or ufual place appointed for common prayer, and there hear divine fervice, according to the faid ftatute of the El. c. 2. it fhall be lawful for one juftice of the peace, on proof to him made by con feffion or oath of witness, to call the party before him; and if |