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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37576 An act for the better preventing and suppressing of prophane swearing and cursing England and Wales. 1650 (1650) Wing E1097; ESTC R40493 2,863 1

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An Act for the better Preventing and Suppressing of Prophane Swearing and Cursing FOr the better preventing and suppressing of the detestable Sins of prophane Swearing and Cursing Be it Enacted by this present Parliament and the Authority thereof That if any person or persons shall hereafter offend by prophane Swearing or Cursing in the presence or hearing of any Justice of the Peace of the county or chief Officer or Justice of Peace of the city or Town Corporate where the same shall be committed or shall be thereof convicted by Confession of the party or by the Oath of one Witness or more before any such Justice of Peace of the county or chief Officer or Justice of Peace of such city or Town Corporate where such Offence is or shall be committed for which end every Justice of Peace and every such Head-Officer as aforesaid have power hereby within their several Precincts to administer an Oath and are enjoyned to keep a Record of such conviction and to make certificates quarterly of the Name of every person so convicted and the degree of such his or her Offence to the Clerk of the Peace for the county where such conviction shall be to be by him Recorded That then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same is or shall be committed for the first Offence according to the Degree and Quality of such person and persons so offending in maner and form following viz. Every person and persons who writeth or stileth himself or is usually written or stiled Duke Marquis Earl Viscount Baron or Lord the sum of Thirty shillings Every person and persons who writeth or stileth himself or is usually written or stiled Baronet or Knight the sum of Twenty shillings Every person and person who writeth or stileth himself or is usually written or stiled Esquire the sum of Ten shillings Every person and persons who writeth or stileth himself or is usually written or stiled Gentleman the sum of Six shillings and eight pence And all other person and persons whatsoever under the Degrees before expressed shall forfeit and pay to the uses aforesaid the sum of Three shillings and four pence And that every such Offender and Offenders shall forfeit and pay for the second Offence in maner and form following viz. Every such Duke Marquis Earl Viscount Baron or Lord as aforesaid the sum of Three pounds Every such Baronet or Knight as aforesaid the sum of Forty shillings Every such Esquire as aforesaid the sum of Twenty shillings Every such Gentleman as aforesaid the sum of Thirteen shillings and four pence And all and every other person and persons whatsoever so offending under the said Degrees the sum of Six shillings and eight pence And that every such Offender and Offenders for the third fourth fifth sixth seventh eighth and ninth Offence and every of them being thereof convicted as aforesaid shall forfeit and pay to the uses and purposes aforesaid the penalty and forfeiture by this Act imposed on every such person according to his Degree and Quality aforesaid for such second Offence And be it further Enacted by the Authority aforesaid That all and every person and persons of what Degree or Quality soever who shall upon Information Presentment or Indictment before any Justice of Assize Justices of Oyer Terminer Justices of the Peace in every Shire City or Town who have hereby power authority to enquire of hear and determine the same by Confession or Verdict be found guilty of any the Offences aforesaid the tenth time shall besides incurring the forfeiture by this Act imposed on such person for such second Offence be adjudged a Common Swearer or Curser and be bound with Sureties to the Good Behavior during three years and that for every like Offence afterwards upon the like conviction every such Offender shall incur the like Forfeiture and give the like Security as for the tenth Offence And that if any person that shall be so bound as aforesaid shall at any time aftewards while he stands so bound be convicted in maner aforesaid of the like Offence the same shall be adjudged and taken to be and the same is hereby Adjudged and Declared to be a Breach of the Good Behavior by every such person and persons And be it further Enacted by the Authority aforesaid That every Woman whether she be Wife Widow or single Woman that shall commit any of the Offences aforesaid in the presence of any Justice of Peace or Head-Officer aforesaid or shall be of such Offence convicted as aforesaid shall for every such Offence incur the like forfeiture penalty and judgement as if the same Offence had been committed by the Husband of such Wife or Widow or by the Father of such single Woman and according to the Degree and Quality of such Husband and Father respectively herein before expressed And be it likewise Enacted by the Authority aforesaid That all and every the Forfeitures aforesaid shall be levyed upon the Goods and Chattels of every person and persons before specified so offending by Warrant from such Justice of the Peace or Head-Officer aforesaid by Distress and Sale of the said Goods and Chattels restoring the overplus And in default of payment of the said Forfeiture or Security given for the same in case no sufficient Distress shall be found 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 there to remain for the space of three whole hours for such first Offence and for the second third fourth fifth sixth seventh eighth and ninth Offence and every of them for the space of six hours but if the Offender be under the Age of Twelve years and shall not forthwith pay the Forfeiture aforesaid That then he or she shall by Warrant of such Justice of the Peace or Head-Officer be whipped by the Constable or by the Parent or Master of such Offender in the presence of the Constable And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Constable Headborough Churchwarden Overseer of the Poor or any other Officer to apprehend or cause to be apprehended or for any other person or persons whatsoever by Warrant from any Justice of Peace or such Head-Officer as aforesaid to apprehend and bring or cause to be apprehended and brought before any Justice of Peace or Head-Officer as aforesaid the Body of any person or persons offending contrary to this Act to the end all such persons may be proceeded against as to Justice shall appertain And it is further Enacted That in any Action brought against any Justice of Peace Constable or any other Officer or person acting or doing or commanding to be acted or done any thing in pursuance of this Act touching or concerning any the Offences or Matters aforesaid The Defendant in every such Action shall and may plead the General Issue and give the special matter in Evidence And upon the Non-Suit of the Plaintiff or Verdict passing for the Defendant the party Defendant shall have and recover his and their treble Costs And be it further Enacted by the Authority aforesaid That this present Act shall be in force from and after the First day of August One thousand six hundred and fifty And that one Act of Parliament made in the One and twentieth year of the Raign of the late King James Entituled An Act against prophane Swearing and Cursing be and is from and after the said First day of August hereby Repealed And it is lastly Enacted by Authority aforesaid That this Act be forthwith printed and that all and every Sheriff and Sheriffs of every county and city within England and Wales do Proclaim or cause this Act to be Proclaimed in all Cities Towns Boroughs and other publique and usual places within their respective Liberties upon the Market-day next after the receipt thereof and cause the same to be set up and affixed in the publique places accustomed Die Veneris 28 Junii 1650. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti London Printed by Edward Husband and John Field Printers to the Parliament of England 1650.