R v Davidson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 1303
COURTS OF KING'S BENCH AND COMMON PLEAS
rex vers. davidson. S. C. Salk. 105. Holt, 88. Q. whether the Spiritual Court can punish a man for keeping a school without a licence from the Ordinary. The defendant being brought into Court upon the return of a habeas corpus, it appeared that he was taken upon a writ of excommunicatio capiendo, being excommunicate for having kept school without licence of the Ordinary. And it was said by the counsel, that a man may keep school without such licence; and that in Oakfield's case lately, 12 Mod. 192, a prohibition was granted, to stay a suit against a 1304 MICH. TERM, 12 WILL. 3 1LD. RAYM. 604. man in the Ecclesiastical Court, for having kept school without licence. But the Court said, that the prohibition was only granted with intent that the plaintiff should declare upon it, in order that the matter might be more judicially determined. Then Mr. Northey moved, that the defendant might be bailed, until the matter in law should be determined upon the return of the habeas corpus. And Holt said, that Sir Samuel Astry said, that the course of the Court was, never to bail upon a habeas corpus; bnt that he was of a contrary opinion ; and that they bailed Clerk upon the return of a habeas corpus two or three years before, whilst the matter of the return was debated, and that he afterwards discharged him. And at another day Mr. Northey cited Vaugh...
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