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A50664 Immorality, debauchery, and profaneness, exposed to the reproof of Scripture, and the censure of the law containing a compendium of the penal laws now in force against idleness, profaneness, and drunkenness, houses of unlawful games, profane swearing and cursing, speaking or acting in contempt of the Holy Sacrament, disturbing of ministers, profane jesting with the name of God, absenting form the church, profanation of the Lord's day, debauched incontinency, and bastard-getting : with several texts of Scripture prohibiting such vices : also a brief collection of several signal judgments of God against offenders in the said vices and debaucheries / published for the advancement of reformation of manners, so happily begun and carried on by several societies, by G. Meriton, Gent. Meriton, George, 1634-1711. 1698 (1698) Wing M1800; ESTC R16769 67,391 130

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day in the service of Satan which Almighty God hath hallowed and commanded to be set apart for the Service and Worship of himself For this Day in many Places of the Realm being prophaned and neglected by a disorderly sort of People in exercising and frequenting Bear-baiting Bull-baiting Enterludes Common Plays and other unlawful Exercises and Pastimes thereon And for that many Quarrels Bloodsheds and other great Inconveniencies did grow by the Resort and Concourse of People going out of their own Parishes to such disorderly and unlawful Exercises and Pastimes neglecting Divine Service both in their own Parishes and elsewhere Therefore by the Statute 1 Car. 1. Ch. 1. it is enacted That there shall be no Meetings Assemblies or Concourse of People out of their own Parishes on the Lord's Day within this Realm of England or any the Dominions thereof for any Sports or Pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes Common Plays or other unlawful Exercises or Pastimes used by any Person or Persons within their own Parishes and that every Person and Persons offending in any the Premisses shall forfeit for every Offence three Shillings and four Pence to the use of the Poor of the Parish where the Offence shall be committed And if any one Justice of the Peace of the County or the Chief Officer or Officers of any City Borough or Town-corporate where such Offence shall be committed upon his or their view or Confession of the Party or Proof of any one or more Witness by Oath which such Magistrate hath power to administer shall find any Person offending in the Premisses the said Magistrate shall give Warrant under his or their Hand and Seals to the Constable or Church-wardens of the Parish or Parishes where such Offence shall be committed to levy the said Penalties so to be assessed by way of Distress and Sale of the Goods of every such Offender rendring the said Offenders the overplus and in Default of such Distress that the Party offending be set publickly in the Stocks by the space of three Hours And if any Man be sued or impeached for the Execution of this Law he may plead the general Issue and give the matter of Justification in evidence and no Man to be impeached by this Act except he be called in question within one Month next after the Offence committed The Ecclesiastical Jurisdiction not to beabridged by this Act but that the Ecclesiastical Court may punish the same Offence as if this Act had not been made This Statute 1 Car. 1. Ch. 1. only prohibiting unlawful Sports Games and Pastimes on the Lord's Day Carriers Waggoners Wayr-men Carmen and Drovers being out of the Statute having no Veneration for the Lord's Day kindness for themselves nor pity for their Beasts did make a Common practise of Travelling upon this Day and Butchers did usually kill and fell Victuals on the Lord's Day So in the 3 Car. 1. An Act was made prohibiting Carriers Drovers c. to travel on this Day on pain of twenty Shillings every Offence and Butchers for killing and selling Victuals thereon on pain of six Shillings and eight Pence for every Offence But this Statute standing but upon contiunance and expiring after the end of the first Session of Parliament then next following Several of these Persons returned again like the Dog to his Vomit to their former accustomed Prophaness And tho this Statute 3 Car. 1. Ch. 2. was by the Statute 17 Car. 1. Ch. 4. continued and made perpetual yet the unnatural uncivil Civil War between the King and Parliament breaking out shortly after this Statute was much neglected and seldom put in Execution two Witnesses being required for the conviction of the Offender which was troublesome So by the Statute 29 Car. 2. Ch. 7. it is enacted That all Persons whatsoever shall on the Lord's Day apply themselves to the observation of the same by exercising themselves thereon in the Duties of Piety and true Religion publickly and privately And no Tradesman Artificer Workman Labourer or other Person whatsoever shall do or exercise any worldly Labours Business or Work of their ordinary Callings upon the Lord's Day Works of Necessity and Charity only excepted And every Person being of the Age of Fourteen Years or upwards offending in the Premisses shall for every such Offence forfeit the Sum of five Shillings and no Person or Persons whatsoever shall publickly cry shew forth or expose to Sale any Wares Merchandizes Fruit Herbs Goods or Chattels whatsoever upon the Lord's Day or any part thereof upon pain of forfeiting the same Goods so cryed or shewed forth or exposed to Sale And no Drover Horse-courser Waggoner Butcher or Higler their or any of their Servants shall travel or come into his or their Inn or Lodging upon the Lord's Day or any part thereof upon pain of twenty Shillings for every such Offence and none shall use imploy or travel upon the Lord's Day with any Boat Wherry Lighter or Barge except it be upon extraordinary occasion to be allowed by a Justice of the P●ace of the County or Head Officer or Justice of the Peace of the City Borough or Town-Corporate where the Fact shall be committed on pain of five Shillings for every such Offence and if any Person so offending in any of the Premisses shall be thereof convicted before any Justice of the Peace of the County or chief Officer or Justice of the Peace of the City c. where the Offence shall be committed upon his or their view or confession of the Party or proof of any one or more Witnesses which Oath the said Magistrates are impowered to administer then the said Justice or chief Officer or Officers shall give Warrant under his or their Hand to the Constable or Church-wardens of the Parish or Parishes where the Offence shall be committed to seize the said Goods so shewed forth or put to sale as aforesaid and to fell the same And to levy the said other Forfeitures or Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendring them the overplus of the Money raised thereby and in Default of such Distress or in case of Insufficiency or Inability to pay the Party offending to be set publickly in the Stocks by the space of two Hours And all Forfeitures to be imployed to the use of the Poor of the Parish where the said Offence shall be committed Save that any such Justice Mayor c. may out of the said Forfeitures reward the informer according to their Discretions so as such Reward exceed not a third part of the Forefeitures But this Act is not to extend to the prohibiting of dressing of Meat in Families or dressing or selling of Meat in Inns Cooks-shops or Victualling-houses for such as otherwise cannot be provided nor to the crying or selling of Milk before nine of the Clock in the Morning and after-four in the Afternoon No Person to be impeached prosecuted or molested for any Offence before mentioned
Poor there to be levied by Distress by any Person or Persons having Warrant from the Magistrate or Court where any Conviction shall be and to be paid to the Church-wardens as before limited who are to account for the same as aforesaid And if any Person or Persons within this Realm of England or Dominion of Wales shall remain or continue Drinking or Tipling in any Inn Victualing-house or Ale-house being in the same City Town Village or Hamlet wherein they dwell or inhabit at the time of such Drinking and Tipling and the same being viewed or seen by any Mayor or other head Officer Justice or Justices of the Peace within their several Limits or duly proved in such manner and form as is limited in and by the Act of Parliament 1 Jac. 1. Ch. 9. aforementioned except it be in such Case or Cases as be tolerated or excepted in the said Act That then every Person or Persons so offending shall forfeit for every such Offence three Shillings and four Pence to the use of the Poor of the Parish where the Offence shall be committed to be levied by Distress in such manner and form as is before appointed by this Act for the levying the Penalty of five Shillings for being Drunk and the Offender being unable to pay and being lawfully Convicted then any of the Magistrates aforesaid or Court where any such Conviction shall be may punish the Offender or Offenders by setting them in the Stocks for every such Offence by the space of four Hours The Offences in this and the former mentioned Act shall be inquired of and presented before the Justices of Assize in their Circuits Justices of Peace in their ordinary Sessions and before the Mayor Bailiffs or other Head Officers of every City or Town Corporate who have Power to enquire of Trespasses Riots Routs and such like Offences and in every Court Leet and such Proceedings to be had thereupon against such Offenders for their Conviction as in such like Cases is used by the Laws of the Realm or Custom of the City Town or Place where such Presentment or Indictment shall be enquired of and found And if any Person or Persons being once lawfully Convicted of the said Offence of Drunkenness shall after that be again lawfully Convicted of the like Offence of Drunkenness Then for such second Offence they shall be bound with two Sureties to the King's Majesty in one Recognizance or Obligation of ten Pounds with Condition to be from thenceforth of the good Behaviour All Constables Church-wardens Headboroughs Tything-men Ale-Conners and Side-men shall in their several Oaths incident to their Offices be charged to present the Offences contrary to this Act. This Act is not to restrain the Ecclesiastical Power or Jurisdiction nor the Liberty of either of the Universities but that they enjoy their Jurisdictions Rights and Privileges And if any Offender against the true Intent and Meaning of this Act or any Branch thereof hath been once punished or corrected for his or her Offence by any the Ways or Means before limited he shall not be punished or corrected for the said Offence by any other Ways or Means And none shall be punished or molested for any Offence mentioned in this Statute unless he shall be Indicted Presented or Convicted for the same within six Months after such Offence committed Then by another Act of Parliament 7 Jac. 1. Ch. 10. It is Enacted That if any Person being an Alehouse-keeper shall be lawfully Convicted for any Offence or Offences committed against any of the Branches of the two before mentioned Acts of Parliament that then every Person or Persons so Convicted shall for the space of three Years next ensuing the said Conviction be utterly disabled to keep any such Ale-house The two Statutes first mentioned in this Chapter made against Tipling and Drunkenness requiring proof to be made by two Witnesses for the more easy Conviction of such Offenders It is by the Statute 21 Jac. 1. Ch. 7. Enacted That proof by one Witness shall be allowed and taken for sufficient in that behalf and the voluntary Confession before any such Persons as by the said Acts are authorized to minister the Oath of any Person offending either of the said Statutes shall suffice to convict the Person so offending and after such Confession the Oath of the party so offending shall and may be taken and be a sufficient proof against any other offending at thesame time And it is further Enacted That if any Person or Persons wheresoever his or their Habitation or abiding be shall at any time be found upon view or his own Confession or proof of one Witness to be Tipling in any Inn Ale-house or Victualling-house such Person or Persons shall be within the meaning of the said Statutes as if such Person had inhabited and dwelt in the same place where the said Inn Ale-house or Victualling-house is or shall be where he or they shall be found Tipling and shall incur the like Penalty and the same to be levied and disposed as in the said Act is expressed concerning such as there inhabit and the voluntary Confession of the Offenders before such as by the said Statutes are authorized to minister the Oath shall suffice to convince themselves And after such Confession the Oath of such Person or Persons so confessing shall and may be taken by such as by the said Act have Authority to minister the said Oath and shall be a sufficient proof against any other offending at the same time And any Justice of Peace in any County and any Justice of Peace or other Head Officer in any City or Town Corporate within their Limits respectively shall have Power and Authority upon his own View Confession of the party or proof of one Witness upon Oath before him to convince any Person of the offence of Drunkenness whereby such Person so convict shall incur the forfeiture of five Shillings for every such Offence and the same to be levied or the Offender otherwise punished as in the Statute is appointed and for the second Offence shall become bound to the good Behaviour as if he had been convicted in open Sessions any thing in the said former Act 4 Jac. 1. Ch. 5. to the contrary notwithstanding And if any Person being an Alehouse-keeper shall at any time be lawfully convicted for any Offence against any the Branches of either of the two former mentioned Statutes according to the Alterations and Additions herein contained against the true meaning of this Statute then every Person so convict shall for the space of three years next ensuing such Conviction be utterly disabled to keep any such Ale-house And Constables Church-wardens Headboroughs Tything-men Ale-conners and Side-men are to be charged in their Offices and Oaths to present all the Offences made in the Statute 1 Jac. 1. against inordinate Haunting and Tipling in Inns Ale-houses and other Victualling-houses according to the Alterations and Additions of the same in this Act contained There being no
size he cri'd it is too late I must be burned in Hell he pressed him with Tears not to cast away his Soul for Christ died c. he answered he cast off Christ and therefore must go to Hell in short at last in idleness of thoughts and talk he ended his miserable Life Anno 1576. Tir-Owen the Irish Rebel in Queen Elizabeths time was such a Drunkard that when his Body was immoderately inflamed with drinking strong Drink and Usquebath he used many times as Mr. Camden reports to be set in the Earth up to the Chin to cool himself A Gentleman whom I knew having been at a Fair at North-Allerton in Yorkshire a Town famous for strong Ale and there having overcharged himself with that Liquor as he was riding homewards putting his Horse into a galloping posture the Horse being in great heart and very mettl'd and he not in a condition to guide him having gotten about a mile from the Town the Horse threw the Gentleman in the open High-way and kill'd him with the Fall for he died presently Another Person with whom I had been long acquainted he being Barliff to the Lords of a Market-Town where I kept their Courts several years being full of strong Drink and not able to govern his Horse was in like manner slain with a fall from his Horse And one who lived in the same Town where I lived having gotten too large a quantity of strong Drink and riding his Horse into a River to pass over it the Water at that time being very high and scarce passable and he not keeping the Horses head up against the current of the Water when he came into the main Stream being driven down the River after a little while he parted from his Horse and was drowned And another of my Acquaintance being invited by a Gentleman to the Tavern and there drinking too freely at his going homewards from the Tavern on the back-side of the Town coming to enter into his own Yard he fell from off a little Bridg at the end of the Yard with his Head downwards into a Ditch and tho the Ditch were dry without any Water in it and that he was missed and found in a very short time yet he was found dead for the weight of his Body had choaked him A man being riding in the same Company that I was in and being very full of strong Liquor and clapping his Spurs to the Horses sides the Horse run into a Ditch or Gutter with the man on his back and riding along in the Gutter a Tree in the Hedg over hanging the same the Horse run the man's Head against the Tree and beat out his Brains and he fell down dead and never spoke one word of this sad Accident I was an Eye-witness and see the man's Brains lying on the Ground And one who was a customary prosane Swearer and a great Drinker being gotten drunk at North-Allerton aforesaid and desiring one of his Neighbours to let him ride home behind him when they came near the Town where the Drunkard dwelt he desired to alight from behind his Neighbour to ease himself and so getting down his Neighbour rid along the Street and some Company coming not long after found the man dead lying in the Street with his Breeches about his Feet in an unseemly and nasty manner A Mason who loved strong Drink too well and was frequently drunk one time lying down upon the ground to sober himself when he was drunk he fell into a long Sleep for he never awaked again but was there found dead A Farmer who lived in Cleaveland in Yorkshire in the same Constablery where I have a small Estate going with other of his Neighbours to pay his Tythe Rent to the Impropriator who being a jovial boon free man was very liberal and bestow'd great store of strong Ale on them And this man having drunk too freely had it seems got more than he was able to bear for when he was got very near his own House at his coming home when he alighted from his Horse it being in the Night and dark and he not able to guide himself he stagge●ed into a Pond close by the House and not able to get out of it was in the Morning found standing in the Pond with his Back against the bank of the Pond and up to the Knees in Water and there starv'd to death All these eight last mentioned exemplary Judgments have fall'n within the compass of my own certain knowledg Drunkenness is a flattering Evil a sweet Poison a cunning Circe that besots the Soul and destroys the Body Dolores gignit in capite in stomacho in toto corpore acerrimos Dolours and grievous Pains by Drunkenness The Head the Stomach and whole man possess At last as Solomon observes it bites like a Serpent and stings like an Adder CHAP. IV. A Compendium of the Laws made against profane idle customary Swearing and Cursing TIpling and excessive Drinking having obtain'd a kind and favourable Reception and in a manner a general approbation within this Realm as appears by the several Acts of Parliament mentioned before in the first Chapter hereof made for the restraining this exorbitant sinful Vice the People in their Frolicks and extravagant Cups were apt and prone to fly out one profaneness ushering in another into sinful profane desperate Swearing and Cursing which by little and little began to be so very common and practicable that the Parliament of 21 Jac. 1. taking notice thereof and knowing that profane Swearing and Cursing is forbidden by the Word of God they thereupon made an Act for the restraining the growth of this catching Sin For by the Statute of 21 Jac. 1. Ch. 20. it is Enacted That no Person or Persons shall prosanely Swear or Curse and that if any Person or Persons shall offend herein either in the hearing of any Justice of the Peace of the County or any Mayor Justice of the Peace Bailiff or Head Officer of any City or Town Corporate where such offence is or shall be committed or shall be convicted by the Oaths of two Witnesses or by Confession of the party before any such Justice of the Peace of the County or Head Officer or Justice of the Peace in the City or Town-Corporate where such offence is or shall be committed which Oath they have power to administer That then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of the Parish where the offence is or shall be committed the sum of twelve Pence to be levied by the Constable Church-wardens and overseers of the Poor of that Parish by Warrant from such Justice of the Peace or head Officer by Distress and sale of the Offenders Goods rendring to the party the Overplus and in default of such Distress the Offender if he or she be above the age of twelve Years shall by Warrant from such Justice of the Peace or Head Officer be set in the Stocks
three hours but if the Offender be under that Age and shall not forthwith pay the same sum of twelve Pence then he or she by such Warrant as aforesaid shall be whip'd by the Constable or by the Parent or Master in his presence And if such Offender shall commence any Suit at Law against any Officer or other for such distraining sale of Goods whipping or setting in the Stocks the Defendant or Defendants may plead the general Issue and give the special matter in evidence to the Jury at the Trial and if it be found against the Plaintiff or Plaintiffs or they are Nonsuited then the Defendant or Defendants shall be allowed good Costs to be taxed by the Court. The Offence shall be complained of and proved as abovesaid within twenty days after the Offence committed And it is Enacted That this Act shall be read in every Parish-Church by the Minister thereof upon the Sunday after Evening-Prayer twice in the Year There being no Penalty inflicted upon Ministers by this Statute of the 21 Jac. 1. for the not reading thereof it was therefore in most Churches very seldom and in some Churches never read and it being a long time since the making of this Law and the Penalty appointed thereby to be paid by the Offenders very small and proof by two witnesses troublesom it was therefore very seldom put in execution So for the more effectual discouragement and restraining of this spreading and catching profane Vice another Act of Parliament has been made in the sixth and seventh years of his present Majesties reign King William the third something more severe as appears by the Tenure thereof hereafter following By the Statute of the 6 7 Gul. 3. Ch. 2. it is Enacted That if any Person or Persons shall profanely Swear or Curse in the presence and hearing of any Justice of Peace of the County Riding or Division or of the Mayor or other Head Officer or Justice of Peace for any City or Town-Corporate or by the Confession of the party offending before any such Magistrate where the said Offence shall be committed that then for every such Offence the party so offending if a Servant Day-labourer common Soldier or common Sea-man shall forfeit and pay to the use of the Poor of the Parish where such offence is committed one Shilling and every other Person two Shillings and in case any of the Persons aforesaid shall after Conviction offend a second time such Person shall forfeit and pay double and if a third time treble the sum respectively by him or her to be paid for the first Offence And upon neglect or refusal of paiment of the said Forfeiture any Justice of Peace of the County Riding or Division or Mayor or other Head Officer or Justice of Peace for any City or Town-Corporate where the Offence is committed shall have Authority and are required to send his Warrant to the Constable Tything-man Church-warden or Overseer of the Poor of the Parish where the Offence is committed or where the Offender shall inhabit thereby commanding them or some or one of them to levy by Distress and sale of the Goods of the Offender or Offenders the sum so forfeited for the use of the Poor of the Parish as aforesaid and for want of Distress then every such Offender being above the age of sixteen Years shall by such Warrant as aforesaid be publickly set in the Stocks for the space of one Hour for every single Offence and for any number of Offences whereof he shall be Convicted at one and the same time then two Hours and if the party offending be under the age of sixteen years and shall not forthwith pay the said Forfeiture then he or she shall by Warrant as aforesaid be whip'd by the Constable or by the Parent Guardian or Master of such Offender in the presence of the Constable And if any Justice of Peace or chief Magistrate shall wilfully or wittingly omit the performance of his Duty in the execution of this Act he shall forfeit the sum of five Pounds one moiety to the use of the Informer to be recovered by Action Suit Bill or Plaint in any of his Majesties Courts at Westminster wherein no Essoin Protection c. shall be allowed nor any more than one Imparlance And if any Action or Suit shall be commenc'd or brought against any Justice of Peace Constable or other Officer for any thing done in the pursuance of this Act concerning the said Offences the Defendant in such Action may plead the general Issue and give the special matter in Evidence and upon a Verdict for the Defendant or Non-suit of the Plaintiff or Discontinuance then the Defendant shall have treble Costs No Person to be prosecuted or troubled for any Offence against this Statute unless the same be proved and prosecuted within ten days next after the Offence committed This Act shall be publickly read four several times in the Year in all Parish Churches and publick Chappels by the Parson Vicar or Curate of the respective Parishes or Chappels immediately after Morning-Prayer on four several Sundays that is to say the Sunday next after the four and twentieth day of June the nine and twentieth day of September the five and twentieth day of December and the five and twentieth day of March under the pain of twenty Shillings for every such Omission or Neglect And the Justice of Peace Mayor or other Head Officer shall register in a Book to be kept for that purpose all the Convictions made before him upon this Act and the time of making thereof and for what Offence and shall certify the same to the next general Quarter-Sessions of the Peace for the said County or Place where the Offences are committed to be there kept upon Record by the respective Clerks of the Peace to be seen without Fee or Reward Altho some Persons accustomed to profane Swearing and Cursing in their ordinary discourse and communication may possibly evade the Punishments ordained and appointed by the aforementioned Laws for such abominable wickedness yet such daring presumptuous Sinners may be assured they cannot without serious and unfeigned Repentance and an absolute and total renouncing and forsaking of their Wickedness escape the punishments threatned by Almighty God against such provoking Sins and that they may not be ignorant thereof I shall in the next Chapter set down several proofs of Scripture to that purpose in hopes that upon the perusal and serious Consideration thereof their Consciences may be touched with the guilt of their profane debauched Wickedness CHAP. V. Some Texts of Scripture shewing the odiousness and danger of profane customary Swearing and Cursing THOV shalt not take the Name of the Lord thy God in vain for the Lord will not hold him guiltless that taketh his Name in vain Exod. 20. 7. Deut. 5. 11. He that Curseth his Father or Mother shall surely be put to death Exod. 21. 17. Thou shalt not revile the Gods nor curse the Ruler of thy