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BRAWLING (probably connected with Ger...

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Originally appearing in Volume V04, Page 437 of the 1911 Encyclopedia Britannica.
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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 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, 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 The act of 1551 was partly repealed in 1828 and wholly repealed as regards laymen by the Ecclesiastical Courts See also:Jurisdiction Act 186o.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 of which lies on them) disquiet or disturb any See also: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: BRAWLING (probably connected with Ger. brallen, to roar, shout)

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