ties and disabilities incurred by such conviction, upon his acknowledgment or renunciation of such offence or erroneous opinions in the same court where he was convicted within four months after his conviction.

ARTICLE 182.

DEPRAVING THE LORD'S SUPPER.

1 Every one commits a misdemeanor who depraves, despises, or contemns the sacrament of the supper and table of the Lord, in contempt thereof by any contemptuous words, or by any words of depraving, despising, or reviling, or by advisedly in any other wise contemning, despising or reviling the said sacrament.

ARTICLE 183.

DEPRAVING THE BOOK OF COMMON PRAYER.

2 Every one commits a misdemeanor and is liable upon conviction thereof to the punishments hereinafter mentioned, who does any of the following things: that is to say,

(a.) who, in any interlude, play, song, rhymes, or other open words, declares or speaks anything in derogation, depraving, or despising of the Book of Common Prayer, or of anything therein contained, or any part thereof: or

(b.) who by open fact, deed, or open threatenings, compels, causes, or otherwise procures or maintains any parson, vicar,

1 1 Edw. 6, c. 1, s. 1, applied to the present Book of Common Prayer I have retained these and the following proviby 14 Car. 2, c. 4, s. 20. sions because, though they are practically obsolete, they relate to acts But I have not thought it worth while to enwhich might still be done. cumber the book with the statutes of præmunire, which, with hardly an exception, are only historical monuments of bygone political and religious conflicts, imposing penalties on acts which it is barely conceivable that any one should do in the present state of society. The subject is treated fully The in the 7th Report of the Criminal Law Commissioners, pp. 37–45. offences are appealing to Rome from any of the Queen's Courts (24 Hen. 8, c. 12); asserting that Parliament has a legislative authority without the Crown (13 Car. 2, c. 1); and some others.

2 1 Eliz. c. 2, s. 3, applied to the present Book of Common Prayer by 14 Car. 2, c. 4, s. 20.

or other minister, in any cathedral or parish church or chapel, or in any other place, to sing or say any common or open prayer, or to minister any sacrament otherwise or in any other manner or form than is mentioned in the said book; (c.) who by any of the said means unlawfully interrupts and lets any parson, vicar, or other minister in any cathedral or parish church, or chapel, in singing or saying common or open prayer, or ministering the sacraments, or any of them, in the manner mentioned in the said book.

For the first offence the offender must be fined one hundred marks, and in default of payment within six weeks after his conviction must be imprisoned for six months.

For the second offence the offender must be fined four hundred marks, and in default of payment as aforesaid must be imprisoned for twelve months.

For the third offence the offender must forfeit to the Queen all his goods and chattels and be imprisoned for life.

ARTICLE 184.

CLERGYMEN REFUSING TO USE THE BOOK OF COMMON PRAYER.

1 Every one commits a misdemeanor and is liable upon conviction thereof to the punishments hereinafter mentioned, who, being a parson, vicar, or other minister whatsoever, that ought or should sing or say common prayer according to the Book of Common Prayer,

(a.) refuses to use the said common prayer, or to minister the sacrament, in such cathedral or parish church, or other place, as he should use or minister the same; or

(b.) uses, wilfully and obstinately standing in the same, any other rite, ceremony, order, or form of mass, openly or privily, or matins, evensong, administration of the sacrament, or other 2 open prayer than is mentioned and set forth in the said book; or

1 2 & 3 Edw. 6, c. 1; 14 Car. 2, c. 4, s. 20, and see 1 Eliz. c. 2, s. 2, which slightly varies the penalty on one point.

2 By open prayer "is meant that prayer which is for others to come unto or hear, either in common churches, or private chapels, or oratories, commonly called the Service of the Church." 2 & 3 Edw. 6, c. 1.

K

(c.) preaches, declares, or speaks anything in derogation or depraving of the said book, or anything therein contained, or of any part thereof.

For the first offence the offender must forfeit to the Queen one year's profit of such of his benefices as Her Majesty appoints, and be imprisoned for six months, whether he has any benefice or not.

For the second offence the offender must be deprived ipso facto of all his spiritual promotions, and be imprisoned for a year, and if he has no promotion he must be imprisoned for life.

For the third offence the offender must be imprisoned for life.

1

ARTICLE 185.

DISTURBING PUBLIC WORSHIP.

(a.) 1 Every one commits a misdemeanor and is liable, upon conviction thereof, to a fine of forty pounds, who wilfully and maliciously or contemptuously disquiets or disturbs any meeting, assembly, or congregation of persons, 2 lawfully assembled for religious worship, or in any way disturbs, molests, or misuses any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled.

3

(b.) Every one who willingly and of purpose maliciously or contemptuously comes into any cathedral or parish church or other congregation permitted by this Act and disquiets or disturbs the same or misuses any preacher or teacher may be required by one justice to find two sureties for fifty pounds, and in default may be committed to Quarter Sessions, and on conviction of the offence there may be fined.twenty pounds.

1 52 Geo. 3, c. 155, s. 12. Draft Code, s. 143.

2 This Act was originally confined to all Protestant Dissenters other than Quakers, but was extended to all persons lawfully assembled for religious worship by 9 & 10 Vict. c. 59, s. 4.

31 Will. & Mary, c. 18, s. 15.

4 This Act originally exempted persons taking oaths under 1 Will. & Mary, c. 1, and 30 Car. 2, stat. 2, c. 1, from penalties for holding services, is now repealed.

&c.;

this part

CHAPTER XVIII

1 OFFENCES AGAINST MORALITY

ARTICLE 186.

SODOMY.

2 EVERY one commits the felony called sodomy, and is liable upon conviction thereof to penal servitude for life, who (a.) carnally knows any animal; or,

(b.) being a male, carnally knows any man or any woman (per anum).

Any person above the age of fourteen years who permits himself or herself to be so carnally known as aforesaid is a principal in the first degree in the said felony.

ARTICLE 187.

ATTEMPT TO COMMIT SODOMY.

3 Every one who attempts to commit sodomy is guilty of a misdemeanor, and is liable upon conviction thereof to ten years penal servitude.

4

ARTICLE 188.

OUTRAGES ON DECENCY.

* Any male person is guilty of a misdemeanor and is liable on conviction thereof to two years imprisonment and hard labour, who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person.

1 As to rape and other offences of the same kind, see Chap. XXVIII., post, p. 207.

2 24 & 25 Vict. c. 100, s. 61; see cases in 1 Russ. Cr. 879-82. See 2 Hist. Cr. Law, 429-30. As to carnal knowledge see Article 269, post. Draft Code, s. 144.

3 24 & 25 Vict. c. 100, s. 62. Draft Code, s. 145.

448 & 49 Vict. c. 69, s. 11.

ARTICLE 189.

ECCLESIASTICAL CENSURES FOR IMMORALITY.

1 Every person who commits incest, adultery, fornication, or any other deadly sin (not punishable at common law), is liable upon conviction thereof in an ecclesiastical Court to be directed to do penance, and to be excommunicated, and to be imprisoned for such term not exceeding six months as the Court pronouncing the sentence of excommunication may direct.

ARTICLE 190.

PUBLIC INDECENCIES.

2 Every one commits a misdemeanor who does any grossly indecent act in any open and public place in the presence of more persons than one; 3 but it is uncertain whether such conduct in a public place amounts to a misdemeanor if it is done when no one is present, or in the presence of one person only.

4

A place is public within the meaning of this Article if it is so situated that what passes there can be seen by any considerable number of persons if they happen to look.

1 13 Edw. 1, "Circumspecte agatis"; 53 Geo. 3, c. 127, ss. 1-3; and see Phillimore's Eccl. Law, 1081, 1442; also Phillimore v. Machon, 1876, 1 P. D. 481; Co. Litt. 96 b. Incest, though not mentioned in the statute "Circumspecte agatis," is the only offence which in these days is ever prosecuted under the law here stated. Such a prosecution occurred in modern times in the Bishop of Chichester's Court. See 2 Hist. Cr. Law, 396-429.

21 Hawk, P. C. 358. The acts referred to are principally acts of open indecency, but an act scandalously profligate, though not in this sense openly indecent, might in some cases be a misdemeanour, as e.g., selling a wife. See per Lord Mansfield in R. v. Delaval, 1762, 3 Burr. 1438. If the act done is a public and indecent exposure of the person the offender may on conviction be sentenced to hard labour. 14 & 15 Vict. c. 100, s. 29, and see Article 214 (d.), (e.). Draft Code, s. 146.

3 Elliot's Case, 1861, L. & C. 103.

4 Webb's Case, 1848, 1 Den. 338; R. v. Holmes, 1853, D. & P. 207; R. v. Orchard, 1848, 3 Cox, C. C. 248; R. v. Rouverard, stated by Parke, B., in R. v. Webb, supra at p. 344.