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A84520 A collection of certaine statutes in force, vvith full and ready notes in the margent, containing their effect in briefe. As also the ordinances for the better observation of the Lords day, and the fast dayes. Published for the better caution of such as are inclinable to delinquency against the severall effects of those statutes and ordinances. And also for the better information of all such officers and ministers as are by late speciall warrants authorised and commanded to put the same statutes and ordinances in execution. For the better suppressing 1. Of unlawfull pastimes and abuses on the Lords day. 2. Of prophane swearing and cursing. 3. Of the loathsome sin of drunkennesse. 4. Of the severall offences committed by inne-keepers, ale-house-keepers, and unlicensed ale-house-keepers. 5. Of unlawful games. And severall other abuses. Being appointed by the Lord Mayor of the City of London to be published in all congregations within his jurisdiction. England and Wales.; W. B., co-author. 1644 (1644) Wing E887; Thomason E16_26; ESTC R8377 42,137 48

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duty And whereas the Lords and Commons in both houses of Parliament have received divers informations from severall parts of this Kingdom and Dominion of Wales of the great neglect of the due observation and keeping of the said Fast upon the dayes appointed and of the profanations of the same by many irreligous il-affected loose and scandalous persons as well of the Clergy as others who are so far from afflicting their souls and The neglect of the due observation of the Fast dayes a cause to provoke the wrath of Almighty God against us The ministers of every Parish to give publike notice to the people on the next Lords day before the day of Fast and to perswade the people to a solemn and religious observation of the whole day loosing the bands of wickednesse as that they provoke the wrath of Almighty God and make so pious a means to procure his blessings the occasion of greater judgements For the prevention whereof for the time to come the Lords and Commons do order declare ordaine that in all and every the Cathedrals Collegiate and Parish Churches and Chappels within the Kingdom of England and Dominion of Wales without any exception upon every Lords day next and immediately before any the daies appointed for the said publike Fast the Parson Vicar Curate or Minister that upon that day shall Officiate or exercise in any of the said Cathedralls Collegiate Parish Churches or Chappels shall give publike notice in every of the said Cathedrals Collegiate Parish Churches or Chappels respectively of the Fast day next ensuing immediately after Sermon or prayer ended in the forenoon before the Congregation be dismisled earnestly exhorting and perswading all the people to the solemne due keeping and religious observation of the whole day appointed for the That all manner of sports and pastimes travalling working and selling of all commodities be forborne on the said day And that all Vintners Ale house keepers and victuallers open not their doors nor sell any thing but in cases of extream necessity til the publike exercises be past and over said Fast and that they would repaire to some Church or Chappell there diligently and reverently to attend all such holy duties as shall be used in the observance of the same that they forbear to use all manner of sports and pastimes whatsoever and their ordinary Trades and Callings upon the said day as well Carriers Waggoners Carters Waynmen Drovers Butchers Hucksters Shop-keepers Labourers or any other using any Art Trade Mystery or mannuall occupation whatsoever and that all Vintners Taverners Ale house-keepers and keepers of Victualling-houses do forbear to keep open their doors Bulks or Shops or to sell or utter except in cases of extream necessity any Wine Bear Ale or Victuall till the publike exercises and religious duties of that day in the respective Cathedrals Collegiate Parish Churches and Chappels be past and over And lastly all and every the Justices of the Peace Mayors That the Justices of the Peace Maiors Baylists Constables and Church-wardens within their severall limits take speciall notice of all persons both ministers and others that shall neglect or contemne the same and returne their names offences to some of the Knights Citizens or Burgesses that serve for the County where such offence is committed Bayliffes Constables Church-Wardens and other Officers inhabiting or residing within the limits or percincts of any such Cathedrall Collegiate Parish Church or Chappell are hereby required to take speciall notice as well of such Person Vicar Curate or other Minister that ought to officiate at any of the said Cathedrals Collegiate and Parish Churches or Chappels upon any such day appointed for the said Fast that shall either refuse or neglect to do the same or not door cause the same to be done in that religious and solemn manner as it ought to be or that shall refuse to give notice of the Fast-day at the time and in manneras aforesaid and forthwith to return their names and the names of all such from time to time as shall wilfully offend herein in contempt of the Lawes his Majesty and both Houses of Parliament unto some one or more of the Knights Citizens or Burgesses that serve for the County where such offence is or shall be committed that some speedy course may be taken for the severe punishing of such as shall offend herein according to the Lawes Die Mercurii 24 August 1642 It is this day Ordered that this Ordinance for the better observing of the Fast be forthwith Printed and published Hen. Elsynge Cler. Parl. D. Com. VVHereas the Lords and Commons in Parliament have made an Ordinance for the more strict and solemn keeping of the days of publike Fast which are not by all persons duly observed even in these times of publike Calamity to the great dishonour of God and the contempt of the Authority of both Houses of Parliament Now that more particular notice may be given unto all such The Constables or their deputies shall the day before every publike fast repaire to every house within their liberty and charge all persons strictly to observe the same that shall offend herein before any exemplary punishment be inflicted upon them It is Ordered by the Commons now assembled in Parliament that all Constables or their Deputies shall the day before every publike Fast repair to every house within their severall respective Liberties and charge all persons that they strictly observe the Fast according to the directions in the said Ordinance And they shall upon the said dayes of the publike Fast walk And they shall upon the said dayes search diligently for all offences thorow their said Liberties diligently serching for and taking notice of all persons who either by following the work of their calling or sitting in Taverns Victualling or Alehouses or any other wayes shall not duly observe the same and they And returne the names of the offenders to the Committee for examinations are hereby required to return the names of all such persons as they shall finde so offending as also such Informations as they shall receive against any other persons within their Liberties guilty of the least offence unto the Committee for Examinations that so they may be proceeded against for the contempt of the said Ordinance And all Constables are to observe these direrections from time to time so long as the said publike Fast shall be kept without expecting any further Order H. Elsynge Cler. Parl. D. Com. The Form of an Oath concerning the Office of a Constable YOu shall swear that you shall well and truly serve our Dalton fol. 363. Soveraign Lord the King in the Office of a Constable you shall see and cause his Majesties Peace to be well and duly kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or go armed offensively or shall commit or make any Riot Affray or other breach of his Majesties Peace you shall do your best indeavour upon complaint to you made to apprehend all Felons Barrettors and Riotors or persons riotously assembled and if any such Offender shall make resistance with force you shall levie Huy and Cry and shall pursue them untill they be taken you shall do your best indeavour that the Watch in and about your Town be duly kept for the apprehending of Rogues Vagabonds Night-walkers Evesdroppers Scouts such as go armed and the like and that Huy and Cries be duly raised and pursued according to the Statute of Winchester against Murtherers Theeves and other Felons And that the Statutes made for the punishment of Rogues and Vagabonds and such other idle persons coming within your Bounds and Limits be duly put in execution you shall have a watchfull eye to such persons as shall maintain or keep any common house or place where any unlawfull game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawfull games there or elsewhere contrary to the Statutes At your Assises Sessions of the Peace or Leet you shall present all and every the offences done contrary to the Statutes made 1. Jacobi 4. Jacobi 21. Jacobi Regis to restrain the inordinate hanting or tippling in Innes Alehouses and other Victualling houses and for repressing of drunkennesse you shall there likewise true presentment make of all Blood-sheddings Affrays Out-cries Rescous and other offences committed or done against the Kings Majesties Peace within your Limits and you shall have a care for the maintenance of Archerie according to the Statute you shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace of this County And you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in this Office So help you God FINIS
strong therefore and let not your hands be weak for your worke shall be rewarded Therefore let us as the holy Ghost saith in the 1 Chron. 22. and the 16. verse Arise and be doing and the Lord will be with us Thus I humbly wish that this worke may be seriously thought upon and faithfully carried on to the high pleasure of Almighty God and the profit and quiet of the Common wealth Yours W. B. The Titles of the Statutes and Ordinances contained in this Collection viz. 1. Car. 1. There shall be no Assemblies for unlawfull Pastimes on the Lords day Page 1. 3. Car. 1. A Restraint of divers abuses committed on the Lords Day pag. 3. 1. Jac. 22. The duty of Shoomakers pag. 5. An Ordinance of the Lords and Commons assembled in Parliament for the better observation of the Lords day pag 5 21. Jac. 20. None shall prophanely swear or curse pag. 9 1. Jac. 9. Severall penalties of Ale-house-keepers for their severall offences pag. 10. 4. Jac. 5. The penalty of a Drunkard and of him that continueth drinking in an Ale-house pag. 14. 7. Jac. 10. The penalty for an offence committed against any of the Branches of the Statute of 1. Jac. 9. or 4. Jac. 5. touching Ale-house-keepers and Drunkards pag. 18. 21. Jac. 7. The Statutes of 1. Jac. 9. and 4. Jac. 5. made perpetuall One witnesse shall be sufficient to convince a man of Tipling or Drunkennesse pag. 18. 1. Car. 4. Forreiners as well as Inhabitants shall not be permitted to Tipple in Innes Ale-houses c. pag. 21. 5. 6. Ed. 6. cap. 25. None shall sell Ale or Beer without Licence and they shall be bound by Recognisance pag. 22. 3. Car. 3. The forfeiture and punishment of him that keepes an Ale-house without Licence pag. 25. 4. Jac. 4. In what case only Ale or Beer may be sold to an Alchouse-keeper having no Licence pag. 28. 33. Hen. 8. cap. 8. Artillery shall be maintained and unlawfull Games debarred pag. 30. 2. 3. Phil. Mar. cap. 9. All Licences to keep houses for unlawfull Games shall be void pag. 35. An Ordinance of the Lords and Commons in Parliament assembled for the better observation of the Monethly Fast pag. 36. Dalton fol. 363. The Form of an Oath concerning the Office of a Constable pag. 39. Anno primo CAROLI REGIS CAP. I. There shall be no Assemblies for unlawfull Pastimes upon the Lords-day FOrasmuch as there is nothing more acceptable to God then the true and sincere Service and Worship of him according to his holy will and that the holy keeping of the Lords-day is a principall part of the true Service of God which in very many places of this Realm hath been and now is profaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawfull exercises and pastimes upon the Lords-day And for that many quarrels bloodsheds and other great inconveniencies have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawfull exercises and pastimes neglecting Divine-worship both in their owne Parishes and elsewhere Be it enacted by the Kings most excellent Majestie and the Lords and Commons in this present Parliament assembled and by the authority of the same That from and after forty dayes next after the end of this Session of Parliament there shall be no meetings assemblies or concourse of No meetings out of their own Parishes on the Lords day for any sports No unlawfull pastimes to be used by any person within his own Parish 3. 5. 4. d. for every offence to the poor people out of their own Parishes on the Lords day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Playes or other unlawfull exercises and pastimes used by any person or persons within their own Parishes and that every person persons offending in any the premises shall forfeit for every offence three shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And A Justice of the County or chief officer of any Corporate Town upon view confession or proof of one witnes upon oath shall give warrant to the Constables or Church-wardens of the Parish to levie the said penalty by distresse that 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 consession of the party or proof of any one or more witnesses by oath which the said Justice or chief Officer or Officers shall by vertue of this Act have authority to minister shall finde any person offending in the premisses the said Justice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Patish or Parishes where such offence shall be committed to levie the said penalty so to be assessed by way of distresse and sale of the goods of every such offender rendring to the said offenders the over-plus of the money raised of the said goods so to be sold In default of distress the offender shall be set in the stocks for three hours If any be sued for executing this Law he may plead the generall issue None to be impeached unlesse questioned within a moneth after the offence committed And in default of such distresse that the party offending be set publikely in the stocks by the space of three hours And that if any man be sued or impeached for the execution of this Law he shall and may plead the generall Issue and give the said matter of Justification in evidence Provided that no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also that the Ecclesiasticall Jurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiasticall Court may punish the said offences as if this Act had not been made Anno tertio CAROLI REGIS CAP. I. A Restraint of divers abuses committed on the Lords-day FOrasmuch as the Lords-day commonly called Sunday is much broken and profaned by Carriers Wagoners Carters Wain-men Butchers and Drovers of Cattell to the great dishonour of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majestie the Lords Commons in this present Parliament assembled and by the authority of the same That no Carrier with any Horse or Horses nor Waggon-men No Carrier with horse waggon-man nor Carman with Waggons or Carts Wain-men with Wains nor Drover with Cattell shal travell on the Lords-day upon forfeiture of 20. 3. for every offence If a Butcher kill or sell any
Victuall on the Lords-day he shall forfeit 6. s. 8. d. for every offence to be levied by distress with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-men with any Wain or Wains nor Drovers with any Cattell shall after fourty dayes next after the end of this present Session of Parliament by themselves or any other travell upon the said Day upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said fourty dayes kill or sell any Victuall upon the said Day That then every such Butcher shall forfeit and lose for every such offence the summe of six shillings and eight pence The said offences and every of them being done in view of any Justice of the Peace Major or other head Officer of any City or Town Corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Justice Major or head Officer within their severall limits respectively wherein such offence shall be committed To which end every such Justice Major or head Officer shall have power by this Act to minister an Oath to such witnesse or witnesses All which summes or penalties shall or may be levied by any Constable or Church-warden by warrant from any such Justice or Justices of the Peace Major or other head Officer as aforesaid within their severall limits where such offence shall be committed or done by distresse and sale of the offenders goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in Or to be recovered by any that will sue by Bill Plaint or Information All which forfeitures shall be to the poor any of his Majesties Courts of Record in any City or Town Corporate before his Majesties Justices of the Peace in their generall Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawfull to and for any such Justice Major or head Officer out of the said forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward exceed not the third part Saving a third part to the Informer that shall sue Which suit shall be in the County City or Town where the offence shal be committed and not elsewhere If Suit or Action be brought against any constable or church-warden for any distres taken by them to plead the generall issue None shall be impeached if not questioned within six moneths of the forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town Corporate where such offence shall be committed and done and not else-where wherein no Essoigne Protection or Wager of Law shall be allowed to the Defendant Provided alwayes that it shall be lawfull for any Constable or Church-warden that shall have any Suit or Action brought against them for any distresse by them or any of them to be taken by force of this present Act to plead the generall Issue and to give the speciall matter in evidence Provided likewise that no person or persons whatsoever shall be impeached by this Act unlesse he be thereof questioned within six moneths after the offence committed Provided further that this Act shall not in any sort abridge or take away the authority of the Court Ecclesiasticall Anno primo JACOBI REGIS CAP. XXII The duty of Shoomakers NO Cordwainer or Shoomaker shall shew to the intent to No Shomaker shall make shew or put to sale any Wares upon the Lords-day upon pain of 3. s. 4. d. for every time and the value of the ware besales put to sale any Shoes Boots Buskins Startups Slippers or Pantosles upon the Sunday upon pain of forfeiture for every pair of Shoes Boots Buskins Startups Slippers and Pantosles made sold shewed or put to sale contrary to the true meaning of this Act three shillings four pence and the just and full value of the same An Ordinance of the LORDS and COMMONS assembled in Parliament for the better observation of the LORDS-DAY FOrasmuch as the Lords-day notwithstanding severall good Laws heretofore made hath been not onely greatly prophaned but divers ungodly Books have been published by the Prelaticall Faction against the morality of that Day and to countenance the profanation of the same to manifest the indangering of souls prejudice of the true Religion great dishonour of Almighty God and provocation of his just wrath and indignation against this Land The Lords and Commons for remedy All Laws enacted and in force concerning the observation of the Lords-day are to be put in due execution thereof do Order and Ordain and be it Ordered and Ordained That all the Laws enacted and in force concerning the observation of the Lords-day be carefully put in execution and that all and singular person and persons whatsoever shall on every Lords-day apply themselves to the sanctification of the same That all persons apply themselves to the Sanctification of the Lords day both in publike and private That no person cry or expose to sale any goods upon forfeiture of the same by exercising themselves thereon in the duties of Piety and true Religion publikely and privatly And that no person or persons whatsoever shall publikely cry shew forth or expose to sale any Wares Merchandizes Fruit Herbs Goods or Chattels whatsoever upon the Lords-day or any part thereof upon pain that every person so offending shall forfeit the same goods so cried shewed forth or put to sale And that no person or persons whatsoever shall without reasonable cause for the same None to travell upon forfeiture of ten shillings for every offence None to worke or carry burthens upon forfeiture of five shillings for every offence travell carry burthens or do any worldly labours or work whatsover upon that day or any part thereof upon pain that every one travelling contrary to the meaning of this Ordinance shall forfeit for every offence ten shilling of lawfull money and that every person carrying any burthen or doing any worldly labour or work contrary to the meaning hereof shall forfeit five shillings of like money for every such offence And be it further ordained that no person or persons shall No person above the age of 14. years shall be present at any sport or pastime whatsoever upon forfeiture of 5. shillings for every offence hereafter upon the Lords-day use exercise keep maintaine or be present at any Wrestlings Shooting Bowling Ringing of Bels for pleasure or pastime Masque Wake otherwise
one full Ale quart of the best Beer or Ale for a peny and of the small two quarts for one peny That then every such Inne-keeper Ale-house-keeper or Victualler shall forfeit for every such offence being duly proved in manner above limited the summe of twenty shillings of lawfull money of England to the use abovesaid All and every the said penalties to be levied by the Constables or Churchwardens of the Parish or Parishes where the offence or offences shall be committed by way of distresse to be taken and detained for the said forfeitures and for default of satisfaction within six dayes next ensuring the same then to be presenlty apprised and sold and the surplusage or remainder over and above to be delivered to And for want of distresse the offender to be committed to the common gaole till he pay the penalty the party of whom the distresse was taken and for want of sufficient distresse the party or parties offending to be by the Major Bailiffe other head Officer or Justice or Justices aforesaid committed to the common Gaole there to remain untill the said penalty or penalties be truly paid And be it further enacted by the authority aforesaid That if the Constables or Churchwardens do neglect their duty in levying or do not levy the said severall penalties or in default of distresse or distresses from time to time do neglect to certifie the same default of distresse by the space of twenty dayes then next ensuing to the Major Bailiffe or other head Officer or Justice of Peace within whose Jurisdiction the offence is committed Then every person and persons so offending shall forfeit for every such default the summe of fourty shillings of currant If the Constables or churchwardens neglect to levy or to certifie the default of distresse by twenty dayes they shall forfeit for every default 40. s. money of England to the use of the poor of the Parish where such offence shall be committed to be levied by way of distresse of the offenders goods by warrant from any one or more Justice or Justices of Peace Major Bailiffe or other head Officers within the limits of their Jurisdictions respectively under his or their hand and seal to be taken and detained for the said forfeitures for the space of six dayes then next ensuing Within which time if payment be not made the same goods to be presently apprised and fold and the surplusage and remainder over and above if any be to be delivered to the party of whom the distresse was taken And for want of such sufficient distresse the Constables Churchwarden or Churchwardens so offending to be by the Major Bailiffe or other head Officer Justice or Justices of Peace committed to the common Gaole there to remain untill the said penalty or penalties be truly paid for all For all which levies the Constables or Churchwardens shal be accomptable to their Successors and other the Parishioners which penalties which so shall be levied by the said Constables or Churchwardens they the said Constables and Churchwardens shall be accomptable to their successours and other the parishioners in such sort as they usually be in other Church reckonings or accompts And for all forfeitures to be levied by reason of any neglect of the Constables or Churchwardens those shall be accomptable who by force of any Warrant or Precept do levy the same or upon the enlargement of persons committed do receive the same And be it further enacted That all other Laws and Statutes touching Inne-keepers Victuallers and Ale-house-keepers shall still remain in their former force and be put in due execution This Act to continue to the end of the first Session of the next Parliament Provided alwayes and be it enacted by the authority of this The punishment of offenders against this Law in either of the Universities to be ministred by the Governours Magistrates Justices of the Peace or other principall Officers of the same And that all penalties and summes of money forfeit and lost by force of this Act within the said universities shal be levied by the Officers and Ministers of the same as shall he appointed by the Vice-chancellors for the time being And that the said Governours Magistrates and principal Officers shall have the like power and authority to imprison or otherwise as in this Act is before appointed present Parliament that the correction and punishment of such as shall offend against this Act or any part thereof within either of the two Universities of this Realm or the Precincts or Liberties of the same shall be done upon the offenders and Justice shall be ministred in this behalf according to the intent and true meaning of this Law by the Governours Magistrates Justices of the Peace or other principall Officers of either of the same Universities to whom in other cases the administration of Justice and correction and punishment of offenders by the Laws of this Realm and their severall Charters doth belong or appertain and that no other within their Liberties for any matter concerning this Law contrary to their severall Charters do intermeddle and that all penalties and summes of money to be forfeited or lost by force of this Act within either of the Universities or the Liberties or Precincts of the same shall be levied by the Officers or Ministers of either of the said Universities to be from time to time in that behalf appointed by the Vicechancellours thereof for the time being respectively And that all powers and authorities either of imprisonment or otherwise before given or appointed by this Act shall by the Governours Magistrates and principall Officers abovesaid of either of the Universities be duely executed and done within either of the said Universities and the Liberties and Precincts of the same according to the true intent and meaning of this Act. 21. Jac. 7. made perpetuall Anno quarto JACOBI REGIS CAP. V. The Penalty of a Drunkard and of him that continueth drinking in an Alehouse VVHereas the loathsome and odious sin of Drunkennesse is Drunkennesse the root and foundation of all other abominations of late grown into common use within this Realm being the root and foundation of many other enormous sins as Bloudshed Stabbing Murder Swearing Fornication Adultery and such like to the great dishonour of God and of our Nation the overthrow of many good Arts and munuall Trades the disabling of divers Workmen and the generall impoverishing of many good Subjects abusively wasting the good creatures of God Be it therefore enacted by the Kings most excellent Majestie the Lords and Commons in this present Parliament assembled and by the authority of the same That all and every person or persons which after fourty dayes next following the end of this present Session of Parliament shall be drunk and of the same offence of drunkennesse shall be lawfully convicted shall for every such offence forfeit and lose five shillings of lawfull Every one convicted of drunkennesse shal for every