Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/229

Ch. 15. ; when we conidered them as private wrongs, or civil injuries, for which a atisfaction or remedy is given to the party aggrieved. But, taken in a public light, as a breach of the king's peace, an affront to his government, and a damage done to his ubjects, they are alo indictable and punihable with fine and imprionment; or with other ignominious corporal penalties, where they are committed with any very atrocious deign. As in cae of an aault with an intent to murder, or with an intent to commit either of the crimes lat poken of; for which intentional aaults, in the two lat caes, indictments are much more uual, than for the abolute perpetration of the facts themelves, on account of the difficulty of proof: and herein, beides heavy fine and imprionment, it is uual to award judgment of the pillory. is alo one pecies of battery, more atrocious and penal than the ret, which is the beating of a clerk in orders, or clergyman; on account of the repect and reverence due to his acred character, as the miniter and embaador of peace. Accordingly it is enacted by the tatute called articuli cleri, 9 Edw. II. c. 3. that if any peron lay violent hands upon a clerk, the amends for the peace broken hall be before the king; that is by indictment in the king's courts: and the aailant may alo be ued before the bihop, that excommunication or bodily penance may be impoed: which if the offender will redeem by money, to be given to the bihop, or the party grieved, it may be ued for before the bihop; whereas otherwie to ue in any piritual court, for civil damages for the battery, falls within the danger of praemunire. But uits are, and always were, allowable in the piritual court, for money agreed to be given as a commutation for penance. So that upon the whole it appears, that a peron guilty of uch brutal behaviour to a clergyman, is ubject to three kinds of proecution, all of which may be purued for one and the ame offence: an indictment, for the breach Rh