Brawling (legal definition)
Encyclopedia
Brawling in law
, was the offence of quarrelling, or creating a disturbance in a church or churchyard. Brawling was covered in ecclesiastic courts
until 1860. It has rarely been prosecuted since then.
in England
religious controversy too often became converted into actual disturbance, and the ritual lawlessness of the parochial clergy
very frequently provoked popular violence. To repress these disturbances an act was passed in 1551, by which it was enacted: "that if any person shall, by words only, quarrel, chide or brawl in any church or churchyard, it shall be lawful for the ordinary of the 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 office, for so long as the said ordinary shall think meet, according to the fault."
An act of 1553 added the 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 The act of 1551 was partly repealed in 1828 and wholly repealed as regards laymen by the Ecclesiastical Courts Jurisdiction Act of 1860. Under that act, which applies to 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 chapel of any religious denomination, or in England in any place of religious worship duly certified, or in churchyards or burial-grounds, were liable on conviction before two justices to a penalty of not more than £5, or imprisonment for any term not exceeding two months. This enactment applied to clergy as well as to laity, and a clergyman of the Church of England convicted under it could 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 Paul's cathedral
"objected" to one of the candidates for ordination, on grounds which did not constitute an impediment or notable crime within the meaning of the ordination service, he was held to have unlawfully disturbed the bishop
of London
in the conduct of the service, and to be liable to conviction under the act of 1860 (Kensit v. Dean and Chapter of St Paul's, 1905, L.R. 2 K.B. 249). The public worship of Protestant Dissenters, Roman Catholics and Jews
in England had before 1860 been protected by a series of statutes beginning with the Toleration Act
of 1689, and ending with the Liberty of Religious Worship Act 1855. These enactments, though not repealed, were for practical purposes superseded by the summary remedy given by the act of 1860. In Scotland
disturbance of public worship is punishable as a breach of the peace (Dougall v. Dykes, 1861, 4 Irvine 101).
it was an offence voluntarily to cause disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies (Penal Code, s. 296). Under the Queensland Criminal Code of 1899 (s. 207) penalties were imposed on persons who wilfully and without lawful justification or excuse (the proof of which lies on them) disquiet or disturb any meeting of persons lawfully assembled for religious worship, or assault any forces lawfully officiating at such meeting, or any of the persons there assembled.
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; California Penal Code, s. 302; Revised Laws of Massachusetts, 1902, chap. 212, s. 30.).
--
(Dissenting correction to the above)
of OutRage!
was prosecuted for interrupting the Archbishop of Canterbury
's Easter sermon with a short gay rights speech.http://www.petertatchell.net/religion/easter%20sunday.htm The 1860 legislation (which transferred jurisdiction away from the ecclesiastic courts) was used to try him; his defense focused on the 1998 Human Rights Act
. He was convicted and fined £18.60 (referring to the 1860 legislation) plus court costs.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, was the offence of quarrelling, or creating a disturbance in a church or churchyard. Brawling was covered in ecclesiastic courts
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
until 1860. It has rarely been prosecuted since then.
History
During the early stages of the ReformationProtestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
religious controversy too often became converted into actual disturbance, and the ritual lawlessness of the parochial clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
very frequently provoked popular violence. To repress these disturbances an act was passed in 1551, by which it was enacted: "that if any person shall, by words only, quarrel, chide or brawl in any church or churchyard, it shall be lawful for the ordinary of the 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 office, for so long as the said ordinary shall think meet, according to the fault."
An act of 1553 added the 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 Jurisdiction Act of 1860. Under that act, which applies to Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
as well as to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, persons guilty of riotous, violent or indecent behaviour, in churches and chapels of the Church of England or Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified, or in churchyards or burial-grounds, were liable on conviction before two justices to a penalty of not more than £5, or imprisonment for any term not exceeding two months. This enactment applied to clergy as well as to laity, and a clergyman of the Church of England convicted under it could also be dealt with under the Clergy Discipline Act of 1892 (Girt v. Fillingham, 1901, L.R. Prob. 176).
When Mr J. Kensit
John Kensit
John Kensit was an English religious leader and polemicist.In 1889 he founded the Protestant Truth Society to oppose what he saw as the excessive influence of the Oxford Movement on the Church of England, despite the Public Worship Regulation Act 1874.Kensit died in October 1902, of pneumonia and...
during an ordination service in St Paul's cathedral
St Paul's Cathedral
St Paul's Cathedral, London, is a Church of England cathedral and seat of the Bishop of London. Its dedication to Paul the Apostle dates back to the original church on this site, founded in AD 604. St Paul's sits at the top of Ludgate Hill, the highest point in the City of London, and is the mother...
"objected" to one of the candidates for ordination, on grounds which did not constitute an impediment or notable crime within the meaning of the ordination service, he was held to have unlawfully disturbed the bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
of London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in the conduct of the service, and to be liable to conviction under the act of 1860 (Kensit v. Dean and Chapter of St Paul's, 1905, L.R. 2 K.B. 249). The public worship of Protestant Dissenters, Roman Catholics and Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
in England had before 1860 been protected by a series of statutes beginning with the Toleration Act
Toleration Act
Toleration Act may refer to:* Act of Toleration 1689, in England* Maryland Toleration Act, of 1649...
of 1689, and ending with the Liberty of Religious Worship Act 1855. These enactments, though not repealed, were for practical purposes superseded by the summary remedy given by the act of 1860. In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
disturbance of public worship is punishable as a breach of the peace (Dougall v. Dykes, 1861, 4 Irvine 101).
In the British empire
In British possessions abroad, interference with religious worship was usually dealt with by legislation, and not as a common-law offence. In IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
it was an offence voluntarily to cause disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies (Penal Code, s. 296). Under the Queensland Criminal Code of 1899 (s. 207) penalties were imposed on persons who wilfully and without lawful justification or excuse (the proof of which lies on them) disquiet or disturb any meeting of persons lawfully assembled for religious worship, or assault any forces lawfully officiating at such meeting, or any of the persons there assembled.
In the United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
disturbance of religious worship is treated as an offence under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, 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; California Penal Code, s. 302; Revised Laws of Massachusetts, 1902, chap. 212, s. 30.).
--
(Dissenting correction to the above)
Modern case
In 1998, Peter TatchellPeter Tatchell
Peter Gary Tatchell is an Australian-born British political campaigner best known for his work with LGBT social movements...
of OutRage!
OutRage!
OutRage! is a British LGBT rights group that was formed to fight for equal rights of lesbian, gay, and bisexual people in comparison to heterosexual people. It is a group which has at times been criticised for outing individuals who wanted to keep their homosexuality secret and for being...
was prosecuted for interrupting the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
's Easter sermon with a short gay rights speech.http://www.petertatchell.net/religion/easter%20sunday.htm The 1860 legislation (which transferred jurisdiction away from the ecclesiastic courts) was used to try him; his defense focused on the 1998 Human Rights Act
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
. He was convicted and fined £18.60 (referring to the 1860 legislation) plus court costs.