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A82520 All ordinances and orders, for the better observation of the Lords-Day, and the fast. 9. Decemb. 1646. Ordered, &c. that the ordinances for the better observation of the publick dayes of fast and humiliation and for the better observation of the Lords-Day be printed together, ... Hen. Elsynge Cler. Parl. Dom. Com.; Laws, etc. England and Wales.; England and Wales. Parliament. 1647 (1647) Wing E1199; Thomason E377_7; ESTC R201359 6,562 15

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ALL ORDINANCES AND ORDERS For the better observation of the LORDS-DAY and the FAST 9. Decemb. 1646. ORdered c. That the Ordinances for the better Observation of the publick dayes of Fast and Humiliation and for the better Observation of the Lords-Day be Printed together And that it be referred to the Care of the Knights and Burgesses of the severall Counties Cities and Burroughs to send downe a sufficient number of Copies of them so Printed to the severall and Respective Committees to be distributed and dispersed to the severall Parishes and the severall and respective Ministers are hereby enjoyned and required the Lords day immediatly before every day of publick Humiliation to give notice of the said day to the Congregation assembled and to reade unto them these Ordinances for the better observation of the Lords-day and the dayes appointed for publick Humiliation And that the Justices of Peace in their severall Limits doe take a strict Monethly Account of the due Execution and Observation of these Ordinances Hen. Elsynge Cler. Parl. Dom. Com. LONDON Printed for Edw. Husband printer to the Honourable House of Commons Feb. the 18. 1646. Die Sabbathi 6. Aprill 1644. 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 Lawes heretofore made hath been not only greatly prophaned but divers ungodly Bookes have been published by the Prelaticall faction against the Morality of that Day and to countenance the prophanation of the same to the manifest indangering of Soules 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 thereof doe Order and Ordain and be it Ordered and Ordained that all the Laws enacted and in force concerning the Observation of the Lords day bee 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 by exercising themselves thereon in the duties of Piety and true Religion publiquely and privately And that no person or persons whatsoever shall publiquely 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 cryed shewed forth or put to sale And that no person or persons whatsoever shall without reasonable cause for the same Travell carry Burthens or do any worldly labours or worke whatsoever upon that day or any part thereof upon paing that every one travelling contrary to the meaning of this Ordinance shall forfeit for every offence ten shillings 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 bee it further Ordained That no person or persons shall hereafter upon the Lords day use exercise keep maintain or be present at any Wrestlings Shootings Bowling Ringing of Bells for pleasure or pastime Masque Wake otherwise called Feasts Church-Ale Dancing Games Sport or pastime whatsoever upon pain that every person so offending being above the age of fourteen yeares shall lose and forfeit five shillings for every such offence And be it further Ordained that all and singular person and persons that have the care government tuitition or education of any child or children under or within the age of fourteen yeares shall for feit and lose twelve pence for every of the said offences that shall be committed by any such child and children And because the prophanation of the Lords day hath beene heretofore greatly occasioned by May-poles a Heathenish vanity generally abused to superstition and wickednesse The Lords and Commons doe further Order and Ordaine that all and singular May-poles that are or shall be erected shall be taken downe and removed by the Constables Borsholders Tythingmen petty Constables and Churchwardens of the Parishes and places where the same be and that no May-pole shall bee hereafter set up erected or suffered to bee within this kingdome of England or Dominion of wales And it is further Ordained that if any of the said Officers shall neglect to doe their Office in the premises within one weeke after notice of this Ordinance every of them for such neglect shall forfeit five shillings of lawfull moneys and so from weeke to weeke weekly five shillings more afterwards till the said May-pole shall bee taken downe and removed And that if any Justice of the Peace of the County or the chiefe Officer or Officers or any Justice of the Peace of or within any City Burrough or Towne-Corporate where the said offences shall bee committed upon his or their view or confession of the party or proofe of any one or more witnesses by oath which the said Justice chiefe Officer or Officers is by this Ordinance authorised to minister shall find any person offending in the premises the said Iustice or chiefe Officer or Officers shall give warrant under his or their hand and seale to the Constables or Churchwardens of the Parish or Parishes where such offence shall bee committed to seize the said Goods Cried shewed forth or put to sale as aforesaid and to leavy the said other Forfeitures or penalties by way of Distresse and sale of the Goods of every such offender rendring to the said offenders the overplus of the Moneys raised thereby And in default of such Distresse or in case of insufficiencie or inabilitie of the offender to pay the said Forfeitures or penalties that the party offending be set publiquely in the Stocks by the space of three houres And all and singular the forfeitures or penalties aforesaid shall bee imployed and converted to the use of the poore of the Parish where the said offences shall bee committed saving only that it shall and may bee lawfull to and for any such Justice Mayor or head Officer or Officers out of the said forfeitures or penalties to reward any person or persons that shall informe of any offence against this Ordinance according to their discretions so as such reward exceed not the third part of the forfeiture or penalties And it is further Ordained by the said Lords and Commons that the Kings Declaration concerning observing of Wakes and use of exercise and recreation upon the Lords day The Booke intituled The Kings Majesties Declaration to His Subjects concerning lawfull Sports to bee used and all other Books and Pamphlets that have been or shall be written printed or published against the Morality of the fourth Commandement or of the Lords-day or to countenance the prophanation thereof be called in seized and suppressed and publiquely burnt by the Justices of Peace or some or one of them or by the chiefe Officer or Officers aforesaid in their severall Limits or by their VVarrant or Command Provided and bee it Declared That
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 as 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 and 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 daies of the publike Fast walke through their said Liberties diligently searching for and taking notice of all persons who either by following their worke of their calling or sitting in Taverns Victualling or Alehouses or any other wayes shall not duly observe the same And they are hereby required to returne the Names of all such persons as they shall find so offending as also such Informations as they shall receive against any other persons within their liberties guilty of the like 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 directions from time to time so long as the said publique Fast shall be kept without expecting any further Order Hen. Elsynge Cler. Parl Dom. Com. 2. Decembris 1646. An Ordinance of the Lords and Commons assembled in Parliament for the better Observation of the Monthly Fast THe Lords and Commons in Parliament assembled Taking notice of the great neglect and prophanation of the Monthly Fast in diverse places of this Kingdome doe for prevention thereof in time to come Order and Ordaine and be it Ordained by the said Lords and Commons that all Justices of the Peace Mayors Bayliffes Constables and other Officers and Ministers whatsoever in their respective places shall put in Execution all Orders and Ordinances of Parliament heretofore made for the due observation of the said monthly Fast and are hereby authorized and required to use and exercise the same power and to inflict penalties upon the offenders therein in such manner and form as is limited and appointed by any Statute Law Order or Ordinance whatsoever now in force for the Sanctification of the Lords day or against the prophanation thereof And for the better incouragement of all such persons as have or shall testifie their good affections to the State by their readinesse in observing and putting in Execution of this and other the Ordinances of this Parliament and for prevention of causelesse and contentious suits against them It is further Ordained by the said Lords and Commons that if any Action Bill Plaint or Suite upon the Case Trespasse Battery or false Imprisonment now be or hereafter shall be brought for or concerning any matter cause or thing done or to be done hereafter by any Person or Persons whatsoever by Vertue of any Ordinance of Parliament or by any Person or Persons in their ayde and assistance or by their Commandement according to any such Ordinance of Parliament the said Action Bill Plaint or Suite shall be layed within the County where the Trespas or Fact was or shall be done committed not elsewhere and that it shall be lawfull to and for all and every Person and Persons aforesaid to plead thereunto the Generall issue that he or they are not Guilty And for their Justification to give in Evidence to the Jury which shall try the same any Ordinance or Ordinances of Parliament which they or any of them shall produce by vertue whereof the Fact Complained of was done or Committed And that if upon the Tryall of any such Action Bil Plaint or Suit the Plantiff or Plaintiffs therein shall not prove to the Jury which shall try the same that the Trespass Battery Imprisonment or other Fact or Cause of his her or their said Action Bill Plaint or Suit was or were had made committed or done within the County wherein such Action Bill Plaint or Suit is or shall be layed That then in every such case the Jury which shall Try the same shall find the Defendant or Defendants in every such Action Bill Plaint or Suit not Guilty without having regard or respect to any evidence given by the Plaintiff or Plaintiffs therein touching the Trespass Battery Imprisonment or other Cause for which the same Action Bill Plaint or Suit is or shall be Brought And if the Verdit shall Passe with the Defendant or Defendants in any such Action Bill plaint or Suit or the plaintiff or plaintiffs therein become Non-suits or suffer any discontinuance thereof that in every such Case the Justices or Justice or such other Judge before whom the said Matter shall be tryed shall by force and vertue of this Ordinance allow unto the Defendant or Defendants his or their double Costs which he or they shall have susteined by reason of their wrongfull vexation in Defence of the said Action or Suit for which the said Defendant or Defendants shall have remedy as in other Cases where Costs by the Laws of the Realm are given to the Defendants Hen. Elsynge Cler. Parl. Dom. Com. FINIS