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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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AN ACT FOR THE Better Observation OF THE LORDS-DAY At the Parliament begun at Westminster the seventeenth day of Septemb. An. Dom. 1656. Reprinted at Aberden by IAMES BROWN 1657. AN ACT FOR THE BEtter Observation OF THE LORDS-DAY FOrasmuch as God hath appointed one Day in seaven to be kept holy unto himself and that in order thereunto man should abstain from the works of his ordinarie Calling and hath intrusted the Magistrate amongst others to take care therof within his Gates And whereas it is found by daylie experience that the First day of the week being the Lords Day and since the Resurrection of Christ to be acknowledged the Christian Sabbath is frequently neglected and prophaned to the dishonour of Christ and Profession of the Gospel Therefore for the better observation of the said Day and preventing in some measure such Prophanation thereof for the future Be it enacted by his Highnesse the Lord Protector and the Parliament of the Cōmonwealth of England Scotland Ireland and the Dominions therunto belonging that whatsoever person or persons within this Commonwealth shall be found guilty according to this Act of doing committing the Offences herafter mentioned upon the said Lords Day that is to say Betwixt Twelve of the Clock on Saturday night and Twelve of the Clock Lords-Day night shal be adjudged deemed and taken to be guilty of prophaning the Lords-Day That is to say Every person being a Waggoner Carrier Butcher Higler Drover or any of their servants travelling or coming by Land or Water into his or their Inne House or Lodging within the times aforesaid And every Inn-Keeper Victualler or Alehouse Keeper who shall lodge and entertain any such W●ggon●r C●rrier Butcher Higle● Drover or their servants coming travelling as aforesaid Every person using or imploying any Boat Wherry Lighter Barge Horse Coach or Sedan or travelling or labouring with any of them upon the Day aforesaid except it be to and from some place for the service of God or except in case of necessitie to bee allowed by some Iustice of the Peace Every person being in any Tavern Inn Ale-house Uictualing house Strongwater-house Tobaco-house Cellar or Shop not lodging there nor upon urgent necessity to be allowed by a Iustice of Peace or fetching or sending for any Wine Ale or Beer Tobacco Strong-water or other strong Liquor unnecessarly and to Tipple within any other House or Shope And the Keepers or Owners of every such Houses Cellars or Shope-keeping or causing to be kept their Doors ordinarily usually open upon the Day aforesaid Every person Dancing or prophanly Singing or Playing upon Musical Instruments or Tipling in any such Houses Cellars or Shops or else-where upon the Day aforesaid or harbouring or entertaining the persons so offending Every person Grinding or causing to be ground any Corn or Grain in any Miln or causing any Fulling or other Mills to work vpon the Day aforesaid Add every person working in the Washing Whiting or Drying of Clothes Threed or Yarn or causing such Work to be done upon the Day aforesaid Every person setting up burning or branding Beet Truf or Earth upon the Day aforesaid Every person gathering of Rates Loans Taxations or other Payments upon the Day aforesaid Except to the use of the Poor in the Publick Collections Every Chaundler melting or causing to be melted Tallow or Wax belonging to his Calling And every Common Brewer and Baker Brewing and Baking or causing Bread to be baked or Beer or Ale to be brewed upon the Day aforesaid And every Butcher killing any Cattel and every Butcher Costermonger Poulterer Herb-seller Cordwayner Shoomaker or other persons selling exposing or offering to sell any their Wares or Commodities and the persons buying such Wares or Commodities upon the Day aforesaid All Taylors and other Tradsemen sitting or going to sit or carry any wearing Apparell or other things And Barbers Trimming upon the Day aforesaid All persons-keeping using or being present upon the Day aforesaid at any Fairs Markets Wakes Revels Wrestlings Shootings Leaping Bowling Ringing of Bells for pleasure or upon any other occasion saving for calling People together for the Publick Worship Feasts Church-Ale May-poles Gaming Bear-beating Bull-baiting or any other Sports and Pastimes All persons unnecessarily walking in the Church or Church-Yards or elsewhere in the time of Publick Worship And all persons vainly and prophanely Walking on the Day aforesaid And al persōs Traveling carrying Burthens or doing any worldly labours or work of their ordinary Calling on the Day aforesaid shall be deemed guilty of prophaning the Lords-Day And it is Enacted by the Authority aforesaid That every person being of the age of Fourteen years or upwards offending in any of the premises and being convicted thereof by Confession or the view of any Mayor Head-Officer or Iustice of the Peace or upon the Testimony of One or more Witnesses upon Oath before any such Mayor Head-Officer or Iustice of the peace in the County City Division or place where the Offence shall be committed which Oath the said Mayor Iustice of Peace or Head-Officer shall and may administer shall for every such Offence where-of he shall be so convicted forfeit the Sum of Ten shillings Besides which Forfeitures all and every person and persons selling exposing or offering to sell any Wares or Commodities upon the Day aforesaid and in like manner duly convicted shall have their Wares and Commodities so sold exposed or offered to be sold seized and disposed of as is by this Act appointed Provided and it is hereby Enacted and Declared That nothing in this Act contained shall extend to the prohibiting the dressing of Meat in private Families or the dressing or Sale of Victuals in a moderate way in Inns Victualing-Houses or Cooks Shops for the use of such as cannot otherwise be provided for or to the Crying or Selling of Milk before nine of the Clock in the morning or after four of the Clock in the afternoon from the Tenth of September till the Tenth of March or before Eight of the Clock in the morning or after Five of the Clock in the afternoon from the Tenth of March till the Tenth of September yearly Nor to hinder any other works of Piety Necessity or Mercy to be allowed by a Iustice of peace And whereas many Navigable Rivers or Waters extend themselves into or are the Bounds of more Counties then one by reason whereof some Doubts have been raised whether the Iustices of the Peace of any County lying on the one side of such River have any or how far they may have Iurisdiction or power upon or over the same Be it therefore enacted by the Authority aforesaid That the Iustices of Peace of any such County or the Constable or other Officers of any Parish lying on either side of such River shall have Power and are hereby authorised and required to put this Act in execution for the apprehending and punishing of all Water-men Barge-men or other persons whatsoever who shall on the
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