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Something like this was the coming of many priests and their people in proceffion to the church of St. Austin in Canterbury, in whitfun-week, with oblations and other devotions; and in the regifter of Robert Read, who was made bishop of Chichefter in the year 1396, there is a letter to compel the inhabitants of the parishes within the archdeaconry of Chichefter, to vifit their mother church in whitfun-week. Gibf. 976. 1 Warn. 339.

These oblations grew by degrees into fixed and certain payments, from every parish and every house in it; as appears not only from the aforementioned grant of king Henry the eighth, but also from a remarkable paffage in the articles of the clergy in convocation in the year 1399; where the fixth article is, a humble request to the archbishops and bifhops, that it may be declared, whether peter-pence, the holy loaf, and pentecoftals were to be paid by the occupiers of the lands, though the tenements were fallen or not inhabited, according to the ancient custom, when every parish paid a certain quota. Gibf. 976.

Thefe are ftill paid in fome few diocefes; being now only a charge upon particular churches, where by cuftom they have been paid. Ken. Par. Ant. 596. Deg. p. 2.

c. 15.

And if they be denied, where they are due, they are recoverable in the fpiritual court. Gibf. 977. (2)

Perambulation See Parith.

Perinde valere.

PERINDE valere was a writ of difpenfation grant. ed by the pope to a clerk admitted to a benefice, although uncapable; taking that name from the words of the difpenfation, which made it perinde valere, that is, to be as effectual to the party, as if he were capable. Gibf. 87.

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Perjury (r).

IF perjury be committed in a temporal caufe, it is punishable only in the temporal courts; but where it is committed in a fpiritual caufe, the fpiritual judge hath authority to inflict canonical punishment, and prohibition will not go. Gibf. 1013. 1 Ought. 9. (s)

For by the ftatute of Circumfpecte agatis, 13 Ed. 1. A. 4.For breaking an oath, it hath been granted, that it fhall be tried in a fpiritual court, when money is not demanded, but a thing done for the punishment of fin; in which cafe the fpiritual judge hall have power to take knowledge, notwithstanding the king's prohibition.

For although the cafe be fpiritual, and the perjury is committed in the fpiritual court; yet the judge there can only punish pro falute animæ: but the party grieved by fuch perjury, must recover his damages at the common law. Gibf. 1013. (1)

In

7.

(r) Perjury before the conqueft was punished by corporal chaftisement, banishment, and fometimes death. 3 Inft. c. 74. 16 Vin. 310. Afterwards the king's council used to affemble and punish perjuries at their difcretion; and the fpiritual court proceeded against the offenders pro lafione fidei. Cro. Eliz. 521. Unlawful oaths are mentioned as one reafon for the inflitution of the court of ftar-chamber in 3 Hen. c. 1.; and profecutions in that court, for this crime, were very frequent both before and after the 5 Eliz. c. 9. which inflicted ftatutable penalties upon perfons guilty of perjury, and those who fhould procure them to commit it; and gave an action of 201. against the former, and 401. against the latter, to the party grieved. The court of ftar-chamber was after. wards abolished by 16 C. 1. c. 10. which in § 2. recites, that all matter sexaminable there, might be remedied and redreffed by the common law; and the common law being fince aided by the 2 G. 2. c. 25. and 23 G. 2. c. 11. (the first of which ftatutes empowers the court to fend the offender to the house of correction, or to tranfport him for feven years, and the fecond facilitates the process of conviction) indictments for this crime are chiefly now at common law. See 4 Bl. Com. 137. Hawk. Pl. Cr. ch. 49.

(1) Keilw. 39. b. 7.

() if one makes a falfe oath, the party is punishable for it by an action on the cafe, if it be not perjury for which he may be indicted. There is a difference between a falfe oath and perjury; for one is judicial, the other extrajudicial; and the

law

In the ftatute of perjury, 5 Eliz. c. 9. there is a provifo, that the fame fhall not extend to any fpiritual or ecclefiaftical court; but fuch offender as fhall be guilty of perjury, or fubornation of perjury, fhall and may be pu nifhed by fuch ufual and ordinary laws as heretofore hath been, and yet is used and frequented in the faid ecclefiaftical courts. f. 11.

In the ftatute of the 5 Eliz. c. 23. concerning the writ de excommunicato capiendo, perjury in the ecclefiaftical court is specified as an offence (amongst others) for which a perfon may be excommunicated. [And conviction of perjury, either in the temporal or ecclefiaftical courts, is a cause of deprivation of benefice. Depzívation, in not.]

E. 11 W. Bishop of St. David's cale. By Holt chief juftice: It hath been a question, whether perjury in the fpiritual court can be tried in the temporal; and in all the cases where it hath been, the perfons have been acquitted, and fo it hath been ended, but it is not yet fettled. L. Raym. 451.

M. 4 Geo. K. and Lewis. An information was moved for against a clergyman, for perjury at his admiffion to a living, upon an affidavit that the prefentation was fimoniacal. But the court refufed to grant it, till he had been convicted of the fimony. Str. 70. (u)

Perpetual cure. See Curate.

Pews in the church. See Church.

law inflicts greater punishment for a falfe oath made in a court of juftice than elsewhere, because of the preservation of juftice. Per Rolle, C. J. in Howell v. Gwinn. Stiles, 337. If the party grieved, (by falfe affidavit,) receive damages either by any wrongful proceeding of the judge, or misfeafance, or nonfeafance, or falfity of any minifter, or by unjust profecution of the party, he may have an action on the cafe, and recover damages. 12 Rep. 128. Carth. 487. But one cannot have an action on the case against a witness for fwearing that a fountain of filver worth 500l. was only worth 1801.; by reafon of which falfe oath, it was infifted the jury gave 200l. damages instead of 500l. For if this were fuffered, every witnefs might be drawn in queftion. Damport v. Sympfon. Cro. Eliz. 520. 1 Vin. 592.

(x) There are authorities and dia to fhew, that perjury in any court, not excepting courts ecclefiaftical, may be punished by indictment or information in the temporal courts; fee 5 Mod. 348. 2 Roll. Ab. 257. 16 Vin. Ab. 313, 314.; but it must be at common law, as it is aided by ftat. 2 G. 2. c. 25. and 23 G. 2. 6. 11. and not upon the ftat. of Eliz.

G 4

Peter

peter-pence.

PETER-PENCE was

an annual tribute of one

penny paid at Rome out of every family, at the feast

of St. Peter. Gibf. 87.

Physicians.

1. WETHERSHED. Forafmuch as the foul is far more precious than the body, we do prohibit under the pain of anathema, that no phyfician for the health. of the body, fhall prefcribe to a fick perfon any thing which may prove perilous to the foul. But when it hap pens that he is called to a fick perfon, he fhall first of all effectually perfuade them to fend for the phyficians of the foul; that after the fick person hath taken care for his fpiritual medicament, he may with better effect proceed to the cure of his body. And the tranfgreflors of this conftitution, fhall not efcape the punishment appointed by the council. Lind. 330.

That is, by the council of Lateran under Innocent the third; from the canons of which council this conftitution was taken which punishment is, a prohibition from the entrance of the church until they fhall have made competent fatisfaction. Johnf. Wethersh.

2. By the 3 H. 8. c. 11. Forafmuch as the fcience and cunning of phyfick and furgery (to the perfect knowledge whereof be requifite both great learning and ripe experience) is daily within this realm exercifed by a great multitude of ignorant perfons, of whom the greater part have no manner of infight in the fame nor in any other kind of learning, fome alfo can no letters on the book; fo far forth, that common artificers, as fmiths, weavers, and women, boldly and accuftomably take upon them great cures, and things of great difficulty, in the which they partly ufe forcery and witchcraft, partly apply fuch medicines, unto the difeafe as be very noious, and nothing meet thereof; to the high difpleasure of God, great infamy to the faculty, and the grievous hurt and deftruction of many of the king's liege people, moft especially of them that cannot difcern the uncunning from the cun

ning: Be it therefore (to the furety and comfort of all manner of people) enacted, that no perfon within the city of London, nor within feven miles of the fame, fhall take upon him to exercife and occupy as a physician or furgeon, except he be firft examined, approved, and admitted by the bishop of London, or by the dean of Paul's for the time being, calling to him or them four doctors of phyfic, and for furgery other expert perfons, in that faculty, and for the firft examination fuch as they fhall think convenient, and afterwards always four of them that have been fo approved; upon pain of forfeiture, for every month that they do occupy as phyficians or furgeons, not admitted nor examined after the tenor of this act, of 5 1. half to the king, and half to him that shall fue. And that no perfon out of the faid city and precinct of feven miles of the fame, except he have been as is aforesaid approved in the fame, take upon him to exercife and occupy as a physician or furgeon, in any diocese within this realm; unless he be firft examined and approved by the bishop of the fame diocefe, or (he being out of the diocefe) by his vicar general, either of them calling to them fuch expert perfons in the faid faculties as their difcretion hall think convenient, and giving their letters teftimonial under their feal to him that they fhall fo approve; upon like pain to them that occupy contrary to this act (as is abovefaid), to be levied and employed after the form before expreffed.

Provided, that this act fhall not be prejudicial to the univerfities of Oxford or Cambridge, or either of them; or to any privileges granted to them.

3. (A) By the 14 & 15 H. 8. c. 5. Phyficians in Lon- Incorporated in don and within feven miles thereof are incorporated, with London. power to make ftatutes for the government of the fociety; and no phyfician fhall practife within the faid limits, till admitted by the prefident and community under their common feal; on pain of 5 1. a month, half to the king, and half to the fociety. And four cenfors are to be chosen yearly, who fhall have the ordering of the practitioners within the faid limits, and the fupervifing of medicines; with power to fine and imprison.

And it is further enacted, that whereas in diocefes of England out of London, it is not light to find always men able fufficiently to examine (after the ftatute) fuch as fhall be admitted to exercife phyfic in them; there fore no perfon fhall be fuffered to exercife or practife in phyfic through England, until fuch time as he be

examined

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