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A61436 A plain relation of the late action at sea between the English & Dutch, and the French fleets, from June 22 to July 5 last with reflections thereupon, and upon the present state of the nation : together with A preparation for death and a perswasive to criminals to do right to their countrey, and a specimen of a bill for reformation of manners, drawn for the bishops, and mentioned in the folowing reflections. Stephens, Edward, d. 1706. 1690 (1690) Wing S5434; ESTC R13699 53,677 77

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suit of such Person as will prosecute for the same to and for his or their own use in which no Essoyn Protection or Wager of Law shall be allowed And in default of such prosecution within six Months after each several Offence shall forfeit the like summ and summs being thereof Convicted by Presentment or Indictment before the Justices of the Peace at the Quarter Sessions to be held for such County Division or Place where any such Offence shall happen to be committed as aforesaid One moi●ty to the King and the other to the Poor of the Parish where the Offence shall be committed And moreover for such second Offence shall be set in the Pillory in the next Market-Town or open Place And for the third Offence upon Conviction shall abjure the Realm And be it further enacted for the end and purpose aforesaid that no Person whatsoever keeping or that keep any publick Tavern Ale-house Tipling-house or other House of common Entertainment within the Cities of London or Westminster or Burrough of Southwark or places adjacent shall keep any Organ or other Instrument or Instruments of Musick for the Entertainment of Guests on pain of forfeiting the summe of 20 l. being thereof lawfully convicted upon Presentment or Indictment at the Quarter-sessions of the Peace and upon the further penalty of being disabled to sell Ale Wine or other Liquors by Retail for the space of a twelve Month after such Conviction And every person so convicted and yet selling any such liquors contrary to this Act shall be punished as selling the same without License And be it further Enacted by the Authority aforesaid that if any Women or Woman shall at any time after Sun-set and before Sun-rising be entertain'd or received into any Tavern Ale-house or other publick House of Entertainment as Guest or Guests except in Case of Travellers received into their Inns then the Master Mistriss or Dame of such Tavern or House upon proof thereof made before one or more Justice or Justices of the Peace shall forfeit 40 s. Vnless the said Master Mistriss or Dame shall prove by good and sufficient Testimony that such Woman and Women are of good Behaviour and Reputation And if afterwards the said Master Mistress or Dame shall permit the like Offence the said Tavern or House shall be taken and deem'd a Bawdy-house and the said Master Mistriss and Dame shall be punished as Keeper thereof And be it further Enacted by the Authority aforesaid that if any Offender within this Act shall not be Convicted and Punished by the Justice of Peace nor prosecuted at the Suit of any Party as is by this Act directed within the space of Months after the Offence committed that then the said Offender shall and may be Prosecuted at the quarter-Quarter-Sessions of the Peace or at the Assizes holden for the County where the Offence is committed by Indictment or Information within one Year after the Offence committed And be it also Enacted by the Authority aforesaid that when and as often as any Person shall be Convicted upon Indictment for any Offence contrary to this Act the Judge Justice and Justices before whom the Conviction shall be shall immediately thereupon signifie the same to the Bishop of the Diocess where the Offence shall be committed to the end that he may thereupon proceed to EXCOMMUNICATION of the Offender who shall not be absolved but by special Order of the Bishop upon Certificate by the Parson or Vicar and Church-Wardens of the Parish where the Offender shall inhabit that the said Offender shall on some Lords-Day in the Morning immediately after the Creed appointed for the Communion Service in the body or greatest Ile of the said Parish Church have publickly confessed his or her Offence and solemnly declared his or her unfeigned Sorrow and Repentance for the same And be it also Enacted by the Authority aforesaid that no Person Excommunicated or bound to be of Good Behaviour or Convicted of any Crime or Offence by Virtue or in pursuance of this Act shall be admitted to Vote or sit in Parliament or be capable to be Elected to serve in Parliament or to Act as Judge Justice of the Peace or Minister of Justice or to perform any publick Ecclesiastical Office within the Kingdom of England or Dominion of Wales or to maintain any Action of the Case for Scandalous Words or upon the Statute de Scandalis Magnatum until he shall be duely discharged of his Scourity for the good Behaviour and be absolved from his Excommunication as aforesaid and shall have paid and performed all Forfeitures Pains Penalties Costs and Charges incurred forfeited taxed or imposed by Virtue of this Act any Priviledge of Parliament or other whatever in any wise notwithstanding Provided that no Person excommunicate by Vertue or in pursuance of this Act shall by reason of any such Excommunication incurr or suffer any other temporal Punishment Disability or Incommodity than is by this Act appointed or Ordained any Law Statute Canon Vsage or Custom to the contrary in any wise notwithstanding And because the Effect of all Laws and the Honour of the Government in that respect doth depend upon the due Execution thereof to the end that this Act may be the more effectually put in Execution be it Enacted by the Authority aforesaid that the same shall be publickly read in all Cathedral Collegiate and Parish Churches and in all Chappels where the Common Prayers usually are or ought to be read immediately after the Creed appointed for the Communion Service on some Lords-Day before the 24th day of June next and afterwards once every Year upon the second Lords-Day in March and that for that purpose it shall be provided by the Church-Wardens of every Parish at the charge of their respective Parishes And that all Constables Tything-men Headboroughs and Church-wardens shall at the time of their Entrance upon their respective Offices be Sworn to put this Act in due Execution and to give Information of all Offences committed in their respective Parishes or by any person of the same Parish contrary to this Act or to the Statutes against Drunkenness unto some Justice of the Peace of the same County or Place within ten Dayes after the same shall come to their knowledge according to their best Skill and Vnderstanding And also that this Act shall be given in Charge to the Grand Jury by the Judges and Justices at their several Assizes and quarter-Quarter-Sessions to enquire and present the several Offences aforesaid and all Neglects of Justices Constables Church-Wardens and other Officers and Persons in the due Execution thereof And be it also Enacted that the Judge Justice and Justices before whom any Person shall be Convicted of any Offence by Vertue of this Act shall Order and cause to be paid unto such Prosecutor and Prosecutors as shall otherwise receive no benefit by this Act and to the several Witnesses such reasonable Costs and Charges and in such manner as he or they shall think fit And that in any Action brought against any Justice Constable or other Officer or Person for any thing done by Vertue or in pursuance of this Act the Defendant may Plead the General Issue and give the special matter in Evidence and upon Verdict for him or Non-suit of the Plaintiff shall recover his treble Costs The END
take the Information of the said persons in writing And every Justice of the Peace who shall have any knowledge of any such Offence committed either by his own hearing or view or by any such Testimony or by Confession of the Party is hereby authorized and required to cause the said Offender to become bound to appear and answer for the same at the next general Gaol-delivery or Oyer and Terminer to be holden for that County and to be of Good Behaviour in in the mean time And likewise to cause the said Witness and witnesses to be bound over to prosecute and give Evidence against the said Offender who at the said next Gaol-delivery or Oyer and Terminer if it may be or otherwise as soon as may be shall be Indicted for his said Offence and upon the Tryall being found Guilty shall forfeit the sum of one moiety thereof to the King and Queen their Heirs and Successors and the other moiety thereof to the Prosecutor and shall by the Judge before whom such Tryal shall be had be committed to the Gaol there to remain till he or she shall have paid the said sum and shall become bound with two good Sureties to the Good Behaviour for the space of seven years then next ensuing in case it be the Parties first Offence of that kind but if it be the second Offence of which he is so convicted then to be of the Good Behaviour during Life And if it be a third Offence and Conviction then the Offendor shall be committed to the Gaol there to remain till he or she shall abjure the Realm And be it likewise enacted by the Authority aforesaid That all and every Person and Persons who shall hereafter offend by PROPHANE SWEARING or CURSING shall forfeit and pay for every such Offence to the use of the Poor of the Parish where the same shall be committed or if it be out of any Parish to the use of the Poor of such next adjoyning Parish as the Justice or Justices hereafter mentioned shall appoint according to the Degree and Quality of the Person offending in Manner and Form following that is to say every Peer and Baron of this Realm or other the Kings Dominions residing here and every Person holding and enjoying any Barony the summ of twenty shillings every Baronet and Knight the summ of thirteen shillings and four pence every Esquire and every Person having and enjoying any Office Place Dignity Promotion or Employment Ecclesiastical or Civil of the value of one hundred pounds per Annum or more the summ of Ten shillings and every Gentleman and Person in Holy Orders every Graduate in either Vniversity and every Person having and enjoying any Office Place Dignity Promotion or Employment Ecclesiastical or Civil under one hundred pounds per annum the summ of six shillings and eight pence and every person keeping any Publick House of Entertainment and every other Person under the degree of a Gentleman except Labourers and poor people the summ of five shillings and every Labourer and other poor person the summ of two shillings and six-pence and every married Woman or Widow according to the Degree and Quality of her present or last Husband and in case she was never Married according to the degree and quality of a younger Son of her Father All which summs and forfeitures all and every person and persons in whose presence or hearing any such Offence shall be committed are hereby Authorized and required to demand for the use of the Poor of the said Parish and in case the same shall be paid to pay it over immediately to the Overseers of the Poor for the use aforesaid And in case the person so offending shall upon such demand refuse to pay the summ by him so forfeited then the said persons in whose presence or hearing the said Offence shall be committed shall and are hereby required presently thereupon to put the words expressing the Offence into Writing under his and their Hands and to give notice of the said Offence demand and refusal and to testifie his or their knowledge thereof upon Oath within the space of ten dayes unto some Justice of the Peace of the County or Place where the same Offence shall be committed who is hereby authorized and required to administer the said Oath and thereupon unless the Offendor be a Peer or such other great Man of this Realm as in this Act hereafter is mentioned to direct and send his Warrant to the Constable Tythingman Church-Wardens and Overseers of the poor of such Parish as aforesaid or of the Parish where the Offendor shall inhabit thereby commanding them or some one or more of them to levy the summ and summs so forfeited for the use of the poor of such parish as aforesaid and likewise the like summ to be paid to such Witness and Witnesses for his and their time travel and pains employed about any such Information by distress and sale of the Goods of such Offendor rendering unto him or her the overplus And in case no such Distress can be had to apprehend the said Offendor and him or her to bring before the said Justice or some other Justice of the Peace of the said County or place who is hereby required to commit the said Offendor to the common Gaol there to remain until the said Offendor shall have paid the several summs aforesaid and full Costs and Charges to be taxed by the said Justice for Apprehending and Conveying of such Offendors to the Gaol if it be the first Conviction for such Offence But if the said Offendor shall have been before convicted as aforesaid of the like Offence and obstinate Refusal then to remain there until the said Offendor shall moreover become bound before the Justices of the Peace at their General Quarter Sessions or the Judge of Assize General Gaol Delivery or Oyer and Terminer to be of the Good Behaviour for the space of then next ensuing But in case it shall appear to the said Justice by Confession of the party or otherwise that the Offendor so convicted is not able to pay the said sever●l summs then the said Offender shall be set in the Stocks for three whole hours for his first Offence and shall be so set in the Stocks and moreover be publickly whip'd not exceeding ten lashes for the second and every other Offence afterward And because it is found by common Experience that Excess in Drinking doth besides other inconveniences very much dispose people to profane Swearing and that such Excesses are usually promoted by DRINKING HEALTHS Be it therefore enacted by the Authority aforesaid that every person who shall begin or pledge any Health shall forfeit and pay as is before enacted for prophane Swearing to be levyed in like manner and for the same Vses and all persons present required to demand the forfeiture and give Information of the Refusal if any be as in the said Case is appointed and the Justice thereupon to proceed accordingly Provided and