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B02946 An act for the better observation of the Lords-Day. At the Parliament begun at Westminster, the seventeenth day of Septemb. An. Dom. 1656. England and Wales. Parliament. 1657 (1657) Wing E1094C; ESTC R176082 8,292 16

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appointed shall forfeit the sum of Twenty shillings And all Church-wardens and Overseers of the Poor and Constables within their several Limits are hereby Injoyned and Authorized upon their own view knowledge as well with Warrant as without to seize and secure all such Wares and Commodities sold exposed or offered to be sold and to apprehend secure and stop all offenders against this Law with their Horses and Carriages if any such shall be and after apprehension to bring such Offenders before any Iustice of Peace to be dealt with according to the Directions of this Act unless the Offender shall forthwith pay the Penalty forfeited by this Act to such Officer And it is Enacted by the Authority aforesaid That if any Children or Servants under the Age of Fourteen years offending in any the offences within this Act mentioned and thereof convicted before any Mayor Head-Officer or any one or more Iustices of the Peace as aforesaid the Parents Guardians Masters Mistresses or Tutors of all such Children and Servants shall forfeit the Sum of One shilling for every such Servant or Child so offending thereof convicted aforesaid unless such Parent Guardian Master Mistress or Tutor shall in the presence of the Church-wardens Overseers for the Poor or other Officer or one of them give or cause to be given unto such Child or Servant so offending due Correction And to the end that no prophane licentious person or persōs whatsoever may in the least measure receive encouragement to neglect the performance of religious holy Duties on the said Day by colour of any Law or Laws giving Liberty to truly Tender-Consciences Be it Enacted by the Authority aforesaid That all and every person and persons shall having no reasonable excuse for their absence to be allowed by a Iustice of Peace of the County where the offence shall be committed upon every Lords-Day diligently resort to some Church or Chappel where the true Worship and Service of God is exercised or shall be present at some other convenient Meeting-place of Christians not differing in matters of Faith from the Publick Profession of the Nation as it is expressed in the humble Petition Advice of the Parliament to his Highnes the Lord Protector wher the Lords-Day shall be duly sanctified according to the true intent and meaning of this Act upon pain that all and every such person or persons so offending shall for every such Offence being thereof convicted forfeit the sum of Two shillings and six pence And it is Enacted by the Authority aforesaid That no person being the Minister or publick Preacher of or in any Church Chappell or publick Congregation within this Commonwealth and officiating and doing his Duty therein upon any Lords-Day or at any othertimes shal be molested hindred or disturbed therein by any person whatsoever And if any person or persons shall after the First day of August next ensuing maliciously wilfully or of purpose molest lett disturb disquiet or otherwise trouble any such Minister or Publique Preacher in the doing and performing the Duty of their respective Places or in his going to or returning from such place or make or cause to be made any publique disturbance in any part of the Lords day in any of the places aforesaid It shall and may be lawful to and for any Church-warden Overseer of the Poor or Constable of the Parish Place where such Molestation Disturbance and Disquieting shall be and they are hereby enjoyned to apprehend all and every person and persons offending therein or in case of escape before such Apprehension for the Church-wardens Overseers of the Poor or Constables of any other Parish or Place where such Offender shall be found to apprehend them and every of them as well without Warrant as with Warrant and bring them before the Mayor or any Iustice of the Peace or Head-Officer where any such person and persons shall be apprehended And if such Mayor Iustice or Head-Officer shall find cause upon his own view Confession of the party or the Oath of one or more sufficient Witnesses which Oath he shall have herby power to administer then he shall commit such person to Prison there to remain without Bail or Mainprize untill the next General Sessions of the Peace to be holden for the County City or place where the Offence shall be committed And if upon Information Presentment or Indictment such person or persons shall at the General Sessions of the Peace who have hereby power to hear and determine the same by Confession or Oath of two or more sufficient Witnesses be found guilty for maliciously wilfully or of purpose molesting letting disturbing or otherwise troubling such Minister or Publique Preacher or making any disturbance as aforesaid every person so convicted shall forfeit the sum of Five pounds One moiety to the use of his Highnesse the Lord Protector and the other moiety to him or them that will sue or prosecute for the same or at the discretion of the said Iustices shall be sent to the house of Correction or Work-house to be set to hard Labour with such moderate Correction as in the discretion of the said Iustices shall be thought fit for some time not exceeding six moneths And it is Enacted by the Authority aforesaid That all persons Contriving Printing or Publishing any Papers Books or Pamphlets for allowance of Sports and Pastimes upon the Lords-Day or against the Morality thereof shall forfeit the sum of Five pounds or be cōmitted to the house of Correction as aforesaid And it is Enacted by the Authority aforesaid That in case any Wares or Commodities shall be seized and secured for being sold exposed or offered to be sold co●trary to this Act and the Offenders therein convicted as aforesaid All such Wares and Commodities or the value thereof at the discretion of the Mayor Head-Officer or Iustice shall be disposed of to the use of the poor of the Parish where such Wares shall be first feized Saving that it shall be in the Power of such Mayor Iustice of Peace or Head-Officer out of the same to reward any person that shall Inform or otherewise Prosecute any person for the said Offence according to their discretion so as such Reward exceed not the Third part of the Wares and Commodities so seized and so as no Reward be given to any person upon whose Oath only the Offender shall be convicted And all Sums of Money and Forfeitures not otherewise disposed of by this Act shal be imployed for the use of the Poor of the Parish where the several Offences shall be committed Saving only that it shal be lawful to and for any Mayor Iustice of Peace or Head-Officer out of the said Forfeitures to reward any such persons that shall Inform or otherewise Prosecute any persons for the same according to their discretion so as such Reward exceed not the third part of the Forfeiture so as no reward be given to any person upon whose Oath only the Offender shal be convicted Provided alwayes That no person or persons shall be impeached or molested for any Offence within this Act unless he or they be thereof convicted within One Moneth after the Offence committed And it is Enacted by the Authority aforesaid That all Mayors Iustices of the Peace Head-Officers the Governours of Inns of Court and Chancery all Masters and Governours of Schools and Families and the Governours of the Company of Water-men for the River of Thames who for the purposes in this Act mentioned shall have the Power of Constables upon the said River and upon any Keys Wharfs or Banks thereof and all other Officers persons herein concerned are hereby enjoyned and authorized within their several Limits and Iurisdictions to see this Act put in due and speedy execution upon pain that all and every person and persons neglecting to do his and their respective duties in putting this Act in due and speedy execution being thereof duly convicted by Bill Plaint Writ or Action of Debt in any Court of Record or upon Presentment Information or Indictment before any Iustices of the Peace in their open Sessions who have hereby power to hear and determine the same shall forfeit the sum of Five pounds one moiety whereof shall be to the use of his Highnesse the Lord Protector and the other moiety to him or them that will prosecute for the same And it is hereby Enacted by the Authority aforesaid That no Writ of Certiorari shall be granted or allowed for the removing any Action Suit Presentment Information Indictment or any other Proceedings against any person for offending against this Law And that in any Action brought against any Iustice of Peace Church-wardens Overseers of the Poor Constables or any other Officers or persons whatsoever for acting or doing or commanding to be acted or done any matter or thing in pursuance of this Act or for being aiding or assisting thereunto the Defendant in every such Action shall may plead the general Issue give the special Matter in Evidence and upon Non-suit of the Plaintiff or Uerdict passing for the Defendant the Defendant shal have and recover his and their treble Costs And it is lastly Enacted that the Church-wardens or other Officers of every Parish within this Commonwealth do at the charge of the Parish procure one or more of these Acts to be safely kept in their respective Parishes and the Ministers of each parish are hereby enjoyned in every year that is to say Upon the first Lords-Day in March yearly immediately before the Morning Sermon to read or cause to be read this present Act. Provided That this Act shall not extend to authorize or impower any Constable or Officer without the special warrant of one or more Iustice or Iustices of the peace to enter or demand Entrance into any House upon pretence of execution of his or their Office by vertue of this Act other then into Taverns Inns Ale-houses Tobacco-shops Uictualling houses or Tipling-houses Any thing in this Act to the contrary notwithstanding October Quarter-Sessions 1657. ORdered that this Act of Parliament be forthwith Reprinted for the benefit of the Shire of Aberdene Ordered by the Court Christopher Powell Cler. of the Peace
said Day be found contrary to this Act Travelling Rowing or Working in or with any Boat Lighter Barge or other smaller Vessel on any part of such River and the said Boats Lighters Barges other Vessels shall seize and stay or cause to be seized and stayed untill Twelve of the Clock of the said Night and untill the Penalties hereby inflicted on such Person or persons as shall be discovered to have offended therein be duly paid and satisfied to the Officer or Officers of that Town or Parish on either side such River as shall first discover and attempt the persuing seizing or staying thereof And it is Enacted by the Authority aforesaid That all Elections Swearing and taking of place of Mayors Sheriffs Bayliffs Aldermen or other Officer whatsoever to any City Borough Town-Corporate or any other place within this Commonwealth that after the First day of August next ensuing by vertue or colour of any act of Parliament Charter Custom Prescription or otherwise should or might fall out to be upon a Lords-Day And all Commissions and Courts which by means of any Adjournment or other cause And all Returns of Writs which shall fall out to be upon any Lords-Day as aforesaid shall be and ar hereby authorized and required to be kept had and done sat upon and executed upon the next day which shall ensue such Lords-Day And all Mayors Recorders Stewards Town-Clerk or other Officers or persons whatsoever that have or after the said First day of August next shall have Power and Authority to Elect Swear or give any Charge or Oath for taking any such Place Oath or Office or to keep any Courts shall and may and are hereby authorized and required to make such Elections give such Oath Charge and take such Oaths Places or Offices or keep such Courts as above-said upon the day next ensuing such Lords-Day And that all Customs Rents and Services due to Lords of Manors which by vertue of any Custom Prescription or otherewise are or ought to be done performed and paid upon any Lords-Day shall after the said First day of August next be done performed and paid upon the day next following such Lords-Day and shall be as valid and effectual to all intents purposes whatsoever as if the same had been done upon the said Lords-Day And that all Rents Some of Money Covenants and Conditions payable or performable upon any Lords-Day shall and may be paid and performed upon the day next ensuing such Lords-Day that such Payment and performance thereof shall be as good effectuall to the Law to all intents and purposes to save all Penalties Re-entries or Forfeitures whatsoever as if the same had been made and performed at or upon the day limited or appointed in or by any Bond Lease Covenant Indenture or other Deed or Agreement whatsoever Any Law Usage or Custom to the contrary hereof notwithstanding And that no Fair Market or Proclamation of any Fair or Market shall be had made or used upon any Lords-Day but upon the day next ensuing Nor shall any person or persons serve or cause to be served any Writ Process Warrant Order Iudgement or Decree Except in causes of Treason Felony Breach of the Peace Prophanation of the Lords-Day upon pain that every person and persons Bodies Politique and Corporate offending in any the particulars last mentioned shall forfeit the Sum of Five pounds to be recovered in Name of the Lord Protector by Bill Plaint Writ or Action of Debt in any Court of Record or upon Information or Indictment before the Iustices of the Peace in the open Sessions who have hereby Power to hear and determine the same and to be disposed viz. One Moyety to the use of His Highness the Lord Protector the other moyety to the use of him or them that will sue or prosecute for the same And that the service of every such Writ Action Process Warrant Order Iudgement or Decree shal be void to all intents and purposes whatsoever And whereas many Fairs Markets are kept upon Saturdayes and Moondays whereby is often occasioned the prophanation of the Lords-Day It is hereby Enacted by the Authority aforesaid That all and every person and persons resorting to sell or buy Commodities in any such Fairs and Markets shall in due time come to depart from the same and strictly observe the Laws and Rules of the Markets that the observation of the Lords-Day may not thereby be violated upon pain that every person travelling to or from such Fairs or Markets upon the Lords-Day and duly convicted as aforesaid before one or more Iustices of the Peace who have herby power by their own view confession of the parties or the Oath of one or more Witnesses which Oath they may administer to bear and determine the same shall forfeit for every offence the sum of Ten shillings And to the end this Act may be duly observed and henceforth put in execution Be it Enacted by the Authority aforesaid That all and every Mayor Head-Officers and Iustices of Peace within their respective Counties Limits and Iurisdictions are hereby Enjoyned and Authorized from time to time under their Hands and Seals to appoint require such Church-wardens Overseers of the Poor Constables and other persons within their severall Iurisdictions as they shal think fit to seize and secure such Wares and Commodities as shall be be sold exposed cryed or offered to Sale contrary to this Act upon the Day aforesaid and to search for discover secure apprehend and bring before them or any other Iustice of Peace of the County or place where they shal be apprehended all and every person persons whom they shall find prophaning and violating or shall know or be informed to have prophaned and violated the Lords-Day in any the particulars herin mentioned or shall have just cause to suspect for the same which said Warrant so received the said Constables Tythingmen Church-wardens Overseers of the poor or either of them to whom the said Warrant is or shall be directed shall make publication of in the said parish Church or Chappell Fourteen dayes before execution of the same and after such publication and end of the said Fourteen dayes the said Constables Tythingmen or Overseers of the poor so authorized and every of them are herby required and authorized to do and perform their duties accordingly without expecting any particular Warrant for the same upon such pains and penalties as are hereafter in this Act inflicted upon wilfull neglectors of their duty And for the better execution of the powers aforesaid The Constables Churchwarden or Overseer of the Poor so authorized are hereby required and authorized to demand Entrance into any Dwelling-house or other place whatsoever suspected by them to harbor 〈◊〉 of suffer to be any person or persons prophaning the Lords-Day And if such Entrance be either wilfully delayed or refused all and every person or persons so delaying or refusing being convicted thereof as by this Act is