Prankard v Deacle
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Arches Court |
English Reports Citation: 162 E.R. 545
ARCHES COURT
Referred to, Fagg v. Lee, 1873, L. R. 4 Adm. & Ecc. 141.
£169] prankard v. deacle Arches Court, Hilary Term, 3rd Session, 1828.- Where, on the death of the archdeacon, the proceedings in a criminal suit were moved after the execution of a proxy, but before appearance by the defendant òeither personally, or by proxy, from the Archidiaconal to the Episcopal Court, and there went on to sentence the original proctor appearing for him but without òa new proxy: on appeal-the appellant having been cognizant de facto, of the progress of the suit; and through his proctor in the Court of Appeal, having .recognized (by some of the formal documents in the cause) that the proctor in the court below was his lawful proctor, the proceedings are valid, uoi is it a "fatal objection that the articles were exhibited in the name of the surrogate, and ònot of the Judge.-Semble, that if no proxy at all weie given, the pioceedings would not be null unless it were proved that no authority was given de facto to the proctor, and that the principal was ignorant of them The proxy is only essential to secure the adverse party, and to protect the proctor.-Qutere-whether, tie Archidiaconal and Episcopal Courts being concurrent, it ia any irregularity even in form, on the death of the archdeacon, to invoke the causes in his Court into the Episcopal Court.-Usages of different dioceses, in respect to the exercise of jurisdiction, if not contrary to the general policy of law and to justice, may be said to constitute the law of the particular diocese in that respect. [Referred to, Fagg v. Lee, 1873, L. R. 4 Adm. & Ecc. 141.] Thus was an appeal from the Episcopal Consistorial Court of Wells, in a cause of the voluntary promotion of the office of the Judge. The citation was of the following tenor - " Charles Sandiford3 clerk, Master of Arts, archdeacon of the archdeaconry of Wells, in the county of Somerset, to J. B. F. G and J M. our lawful apparitors, greeting. We do by these presents authorize, empower, and strictly enjoin and command you, jointly and severally, peremptorily to cite or cause to be cited Edward Prankard of (it) The principle upon which the costs of the wife are taxed, de die in diem, against the husband is thus stated by Sanchez :-" Quando uxor litem divortu adversus virum inteataret, dubium non est, quin ei ahmenta et litis expensie a viro mimstranda sint, ue expensis destituta a causa cadat" Sanchez, lib. 10, disp. 8, s. 28. Vide also Oughton, tit. 206 and 207. There is^however, an exception to this rule when the wife has a sepaiate maintenance. Vide IFilson v. ffilson, Davis v. Dams, 2 Consistory Reports, pp 203, 204. E, & A. il-18 546 PRANK ARD V. DEACLE 1 HACKS. ECC 170 the parish of Uphill in the said county, and our archdeaconry and jurisdiction, to appear before us, our surrogate, or lawful deputy, or some other competent judge in this behalf, in the Cathedral Church of St. Andrew in Wells aforesaid, and usual place of holding our Consistonal Archidiaconal Court [day and hour], then and there to answer to certain articles of our office to be ministered to him touching and concerning the mere health of his soul, and the conection and reformation of his manners and excesses; and more especially for quarrelling, chiding, and brawling in the parish church of Uphill aforesaid, on the third day of March instant, and for laying violent hands upon the Reverend John Henry Gregg, of the parish of Uphill aforesaid, on the same third day of [170] March in the said parish church, then and there to be exhibited and objected to him at the instance of the Reverend Thomas Deacle, clerk, rector of the rectory of the parish and parish church of Uphill aforesaid, the promoter of our office in this behalf. And further to do and receive as unto law and justice shall appertain, under pain of the law and contempt thereof. Dated at Wells the 8th of March, 1826." On the 9th of March Mr. Deacle executed a proxy . That, whereas a certain cause or business of office is intended to be commenced in the Consistorial Archidiaconal Court of Wells, promoted by Deacle against Prankard, I, the said Thomas Deacle, have nominated and do hereby nominate Samuel Prat, one of the procurators general of the said Consistorial Archidiaconal Court, to be my true and lawful proctor for me, and in my name to appear before the Reverend Charles Sandiford, clerk, Master of Arts, archdeacon of the said archdeaconry, his suiiogate, or lawful deputy, or othei competent judge in this behalf, and for me, and in my behalf, to issue, or cause to be issued, the usual citation in the said business to give in at tides, to receive the answers of the said Edward Prankard thereto; to produce and examine witnesses thereupon, &c. &c. On the 14th of March Prat appeared before the Reverend Robert Foster, M.A, surrogate of the archdeacon of Wells, and exhibited this proxy and returned the citation. On the 24th of March Mr. Prankard, by a proxy duly executed, appointed Thomas Robins, one of the procurators general of the Consistorial Archidiaconal Court of Wells, to be his lawful [171] proctor, and in his name to appear before the archdeacon of Wells in the said Court, his surrogate 01 lawful deputy, or other competent judge; and in his behalf to receive articles, if any should be offered by Deacle, and to act as proctor until the final determination of the cause, ratifying and confirming whatsoever as his proctor he should lawfully do On the 26th of April both proctors (Prat and Robins) appeared before the Reveiend Robert Foster, M A , surrogate of the vicar general of the Lord Bishop of Bath and Wells, and alleged that the Reverend Charles Sandiford, the archdeacon of Wells being dead, the archdeaconry of Wells was void, and prayed , and the Judge, at their petition, decreed the several causes depending in the Consistorial Archidiaconal Court of Wells to be brought into this Court, and proceeded in immediately. They were accordingly brought in by the deputy registrar of the said Consistorial Archidiaconal Court. On the same day Prat exhibited articles which, on the first session of Trinity Term, viz. the 30th of May, were admitted, and Robins gave a negative issue The articles were thus headed :-" In the name of God, Amen We, Robert Foster, clerk, Master of Arts, siurogate of the Worshipful Richard Beadon, Master of Arts, vicar general and official principal, &c " In the second and third articles weie pleaded the 5 and 6 Edw. VI c 4, s 1 and 2 . and the two succeeding articles went on to charge- "That the said Edward Prankard did upon the 3d of Maicb, 1826, brawl, chide, and quarrel in the [172] parish church of Uphill aforesaid, and did then and there in an angry and passionate manner accuse the said John Henry Gegg of iniquity and injustice when presiding in vestries, and thiow youi ringer close to his face, and say ' this is not my fist;' and did then arid there use heveral other brawling and chiding words and expressions against the said John Henry C4egg Also that, upon the day and in the church aforesaid he did, in an angiy and quarrelsome mannei, lay violent hands upon the said John Henry Gegg, by striking him a violent blow on his arm, and by repeatedly pushing his head and shoulder with great \iolence ag.amst the chest and other parts of the body of the said John Henry Gegg." I HA6O. ECC,1?3 PRANKARD V. DEACLE 547 In the last article it was prayed " That the said Edward Prankard be duly contcted and punished according to the exigency of the law, and be condemned in the easts ' Upon these articles four witnesses were examined ; and after informations, the sentence, of which the following extracts are subjoined, was promulged on the 16th of January, 1827 ;- " In the name, &c. We, Robert Foster, &c. surrogate, &c. rightly and duly proceeding in a certain cause of otiice, &c. And the parties lawfully appearing before us in judgment by their proctors respectively, and the proctor of the said Thomas Deacle praying sentence to be given for, and justice to be done to, his party, and the proctor of the said Edward Prankard praying for justice to be done to his party; therefoie we, Robert Foster, the surrogate aforesaid, having tirst maturely deliberated, do pronounce, decree, and declare that the said Edward Prankard did, not only [173] by words quarrel, chide or brawl in the parish church of Uphill on the said 3d day of March last, but did then and there lay violent hands on the said John Henry Gegg ò and that the said Edward Prankard hath, by the latter of his said excesses, namely, in having laid violent hands upon the said John Henry Gegg at the time and in the church aforesaid, ipso facto, fallen into and incurred the penalty of excommunication, according to the statute of the...
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