R v Norris
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1760 |
| Date | 21 June 1760 |
| Court | Court of the King's Bench |
English Reports Citation: 97 E.R. 696
IN THE COURT OF KING'S BENCH
S. C. 1 Black. 231.
See Bul. 8. 3 Burr. 1697, and 5 East, 314.
rex versus moreley ; rex versus osbohne ; rex versus reeve ; and rex versus NORBIS. Saturday, 21st June, 1760. [S. C. 1 Black. 231.] Certiorari cannot be taken by any general, but only by express negative words. [See Bui. 8. 3 Burr. 1697, and 5 Eaat, 314.] Mr. Knowler and Mr. Filmer shewed cause against the issuing of a certiorari to remove several ordera made by Mr. Monypenny, a justice of the peace in Kent, upon the Conventicle-Act, 22 Car. 2, c. 1 : by which orders he had convicted a Methodist-preacher, and the master of the house wherein he preached and several of the audience, in the respective penalties following. The * preacher (Moreley) was convicted in 201. the t master of the house (Osborne) in 201. and several of { the persons present, in 5s. a-pieee. Two of the auditors (Reeve and Norris) had had 101. || a-piece levied upon them, (by virtue of the 3d section of this Act,) the preacher himself not being to be fouud. The penalty had been levied upon Osborne, (the master of the house,) as well as upon Reeve and Norris, they had all appealed (within the week) to the sessions: and Mr. Monypenny had returned to the sessions the monies levied, and certified the evidence, with the record of the conviction, agreeable to the directions of the 6th section; and the defendants had pleaded and been tried by a jury at the Quarter Sessions; and there had been both verdict and judgment given against them. Mr. Knowler and Mr. Filmer, on behalf of the prosecution, urged, that after all this had passed, a writ of error might lie; but not a certiorari, which will only lie when there is no other remedy. [1041] And there is a clause in the 6th section, which is express " that no other Court whatsoever shall intermeddle with auy cause or causes of appeal upon this Act: but they shall be finally determined in the Quarter-Sessions only." Which negative words must include all the Courts of Judicature in the kingdom, and this Court in particular, as being most likely to meddle with matters of this kind. And the 13th section directs "that this Act, and all clauses therein contained, shall be construed most largely and beneficially for the suppressing of conventicles, and for the justification and encouragement of all persons to be employed in the execution thereof; and that no record, warrant or mittimus to be made by...
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