christmas Huett against dash arch court and session easter term April that the  statute Edward c leaves nothing to the discretion of the judge but the  duration of the suspension ab entry church a appeal from Winchester dr hay for  Robert dash Robert dash cite Christmas Huett to answer to article for brawl  chide and quarrel in the church of Wickham in Hampshire plead that on Sunday  the rd of August the say Christmas Huett call dash rogue and rascal and other  name and afterward in the vestry churchporch lee abuse dash and other witness  be examine and on that November the judge pronounce that Huett be guilty of  brawl c on the d of April lee er p and decree he to be suspend ab entry church  for a month and condemned he in cost from which decree Huett have appeal dr  Simpson for Huett we shall show from their witness for we have examine none  that Huett be the aggressor witness for dash Thomas web Huett be a layman on  Sunday rd August in the church of Wickham the deponent hear dash say to Huett  you be a rascal Huett reply you be a rogue and dash offer to fight Huett for  two guinea Thomas cutler after church on d August the deponent hear dash say  to Huett in the churchporch he will fight he for two guinea there be a great  quarrel between they but he know not which begin John swan parish clerk of  Wickham after church on a Sunday in August the deponent hear a dispute in the  church between Robert dash and Francis Huett about a poor rate but the  deponent do not hear Christmas Huett say anything in the church but there be  very abusive language pass in the churchporch between Christmas and Francis  Huett and Robert dash the deponent can set forth the particular word use or  who be the aggressor but he hear dash offer to fight Christmas Huett lee John  ware on a Sunday in the summer of deponent hear a great quarrel in Wickham  churchporch but do not hear the particular word but hear dash tell Christmas  Huett he will bring a man to fight he if he will fight deponent do not hear  Huetts answer deponent do not hear Huett call dash a rogue c but believe they  quarrel in the churchporch dash be overseer of the poor in it do not know who  begin the quarrel Francis Huett Christmas Huett be the deponent son and be a  sober wellbehaved man on Sunday d August the parishioner be assemble at  Wickham church and talk of the poor rate dash abuse Christmas Huett very much  and offer to fight he Huett use no angry word to dash dr Simpson for Huett  urge that the churchwarden shall have present Huett at the visitation and they  shall have promote article against he and not dash who be a party concern and  be the aggressor that he be more the object of punishment than Huett for all  the witness prove that he abuse Huett and offer to fight he and Francis Huett  say Christmas use no angry word two witness do not depose to particular word  of brawl chide and quarrel the statute mean to punish only those who intend to  make a disturbance and there ought to be a clear evidence of such intention  which there be not in this case by the civil law no action lie against he who  only reply to a abuse because be receive the first provocation the judge below  be not warrant for suspend lee for so long a time as a month under the  circumstance of this case nor in give cost dr hay contra cite the case of foot  against Richard and Bartlett arch d February where it be hold that a person  can justify brawl by prove another person also brawl judgment sir George lee I  be of opinion that the statute not have direct who shall prosecute any party  whatever may promote article that Huett may have article against dash if he  have think proper but he can not justify himself by show that dash be the  aggressor because the statute have not allow any such defence nor leave any  thing to the discretion of the judge but the duration of the suspension but  have express direct that any person who be prove to have brawl quarrel c in  the church or churchyard shall be suspend that in this case the witness have  all except Francis Huett prove that Christmas Huett and dash have mutual  quarrel in the churchporch and therefore have bring he within the statute I  can not think a month a unreasonable time for the suspension it common be six  week and as to cost they be always give when a person be find guilty upon this  statute and these be small cost I therefore affirm the sentence remit the  cause and condemned Christmas Huett in cost lee N B article be promote against  Francis Huett the father of Christmas by dash for brawl also at the same time  and place which cause dr Simpson admit be exact the same I therefore hear a  witness read and give the same sentence and cost in that cause likewise lee er  p