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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
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