See also:BRAWLING (probably connected with Ger. brallen, to roar, shout)
, in See also:law, the offence of quarrelling, or creating a disturbance in a See also:- CHURCH
- CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
- CHURCH, FREDERICK EDWIN (1826-1900)
- CHURCH, GEORGE EARL (1835–1910)
- CHURCH, RICHARD WILLIAM (1815–189o)
- CHURCH, SIR RICHARD (1784–1873)
church or See also:churchyard
.
During the See also:early stages of the See also:Reformation in See also:England religious controversy too oftenbecame converted into actual disturbance, and the See also:ritual lawlessness of the parochial See also:clergy very frequently provoked popular violence
.
To repress these disturbances an See also:act was passed in 1551, by which it was enacted " that if any See also:person shall, by words only, See also:quarrel, chide or brawl in any church or churchyard, it shall be lawful for the See also:ordinary of the See also:place where the same shall be done and proved by two lawful witnesses, to suspend any person so offending, if he be a layman, from the entrance of the church, and if he be a clerk, from the ministration of his See also:- OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")
office, for so See also:long as the said ordinary shall think meet, ac-cording to the See also:fault." An act of 1553 added the See also:punishment of imprisonment until the party should repent
.
The act of 1551 was partly repealed in 1828 and wholly repealed as regards laymen by the Ecclesiastical Courts See also:Jurisdiction Act 186o
.
Under that act, which applies to See also:Ireland as well as to England, persons guilty of riotous, violent or indecent behaviour, in churches and chapels of the Church of England or Ireland, or in any See also:chapel of any religious See also:denomination, or in England in any place of religious See also:worship duly certified, or in churchyards or See also:burial-grounds, are liable on conviction before two justices to a See also:penalty of not more than 5, or imprisonment for any See also:term not exceeding two months
.
This enactment applies to clergy as well as to laity, and a clergyman of the Church of England convicted under it may also be dealt with under the Clergy Discipline Act of 1892 (Girt v
.
Fillingham, 1901, L.R
.
Prob
.
176)
.
When Mr J
.
Kensit during an ordination service in St See also:Paul's See also:cathedral " objected " to one of the candidates for ordination, on grounds which did not constitute an impediment or notable See also:crime within the meaning of the ordination service, he was held to have unlawfully disturbed the See also:bishop of See also:London in the conduct of the service, and to be liable to conviction under the act of 186o (Kensit v
.
See also:Dean and See also:Chapter of St Paul's, 1905, L.R
.
2 K.B
.
249)
.
The public worship of See also:Protestant Dissenters, See also:Roman Catholics and See also:Jews in England had before 186o been protected by a See also:series of statutes beginning with the See also:Toleration Act of 1689, and ending with the See also:Liberty of Religious Worship Act 1855
.
These enactments, though not repealed, are for See also:practical purposes superseded by the See also:summary remedy given by the act of 186o
.
In See also:Scotland disturbance of public worship is punishable as a See also:breach of the See also:peace (Dougall v
.
Dykes, 1861, 4 See also:Irvine rot)
.
In See also:British possessions abroad interference with religious worship is usually dealt with by legislation, and not as a See also:common-law offence
.
In See also:India it is an offence voluntarily to cause disturbance to any See also:assembly lawfully engaged in the performance of religious worship or religious ceremonies (Penal See also:Code, s
.
296)
.
Under the See also:Queensland Criminal Code of 1899 (s
.
207) penalties are imposed on persons who wilfully and without lawful See also:justification or excuse (the See also:- PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)
proof of which lies on them) disquiet or disturb any See also:- MEETING (from " to meet," to come together, assemble, 0. Eng. metals ; cf. Du. moeten, Swed. mota, Goth. gamotjan, &c., derivatives of the Teut. word for a meeting, seen in O. Eng. Wit, moot, an assembly of the people; cf. witanagemot)
meeting of persons lawfully assembled for religious worship, or See also:assault any forces lawfully officiating at such meeting, or any of the persons there assembled
.
In the See also:United States disturbance of religious worship is treated as an offence under the common law, which is in many states supplemented by legislation (see Bishop, Amer
.
Crim
.
Law, 8th ed
.
1892, vol. i
.
S
.
542, vol. ii. ss
.
303-305; See also:California Penal Code, s
.
302; Revised See also:Laws of See also:Massachusetts, 1902, See also:chap
.
212, s
.
30.)
.
End of Article: