offence forfeit 5. s. to the poor money of England to be paid within one week next after his her or their conviction thereof to the hands of the Church-wardens of that Parish where the offence shall be committed who shall be accomptable thereof to the use of the poor of the Parish And if the said person or persons so convicted shall refuse or neglect to pay the said forfeiture as aforesaid then the And for default of payment to be levied of the offenders goods same shall be from time to time levied of the goods of every such person or persons so refusing or neglecting to pay the same by Warrant of Precept from the same Court Judge or Justices before whom the same conviction shall be And if the offender or offenders be not able to pay the summe of five shillings If not able to pay the said 5. s. to be committed to the stocks for every offence six hours Then the offender or offenders shall be committed to the Stocks for every offence there to remain by the space of six hours And be it further enacted by the authority aforesaid That if any Constable or any other inferiour Officer of that Parish or place where the offence shall be committed to whom that shall be given in charge by the Precept of any Major Bailiffe other head Officer or Justices of the Peace within their severall Limits do neglect the due correction of the said offender or the due levying of the said penalties where distresse may be had Then every person so offending shall forfeit the summe of ten If the Constable neglect the due correction or levying where disTres may be had he shall forfeit 10. s. to the poor to be levied by distresse by any other person having warrant from any Justice where the conviction shall be shillings of currant money of England to the use of the poor of the same Parish or place where the offence shall be committed to be levied by way of distresse by any other person or persons having Warrant from any Major Bailiffe or other head Officer Justices of Peace or Court where any such conviction shall be And to be paid to the Churchwardens as before limited who are also to accompt for the same to the use aforesaid And be it further enacted by the authority aforesaid That if any person or persons within this Realm of England or the Dominions of Wales shall remain or continue drinking or tipling in any Inne Victualling-house or Ale-house being in the same City Town Village or Hamlet wherein the said person or persons so remaining tiplign or drinking doth dwell inhabit at the time of such drinking and tipling And the same being viewed and seen by any Major or other head Officer Justice or Justices of Peace within their severall Limits or duly proved in such manner and form as is limited in and by one Act of Parliament made in the first Session of this present Parliament entituled An Act to restrain the inordinate haunting and tipling in Innes Ale-houses and other Victualling-houses unlesse it be in such case or cases as be tolerated or excepted in the said Act That then every person or persons so offending shall forfeit and lose for every such offence the summe of three shillings 3. 8. 4. d. for every offence of continuing drinking in an Ale-house of the town or village where the party so drinking doth dwell and four pence of currant money of England to the use of the poor of the Parish where the said offence shall be committed to be levied by way of distresse in such manner and form as is before appointed by this Act for the levying of the penalty of five shillings for being drunk And if it happen that any offender or offenders against the true intent of this Clause or Branch being thereof lawfully convicted be not able to pay the said forfeiture or forfeitures Then it shall and may be lawfull for any Major Bailiffe or other head Officer Justice or Justices of Peace or Court where any such conviction shall be to punish the said offender or offenders by setting him her or them in the Stocks for every such offence by the space of four hours For the more due execution of this Statute and for the better and more due proceeding against such offenders all offences of Drunkennesse and of excesse and unmeasurable Drinking Be it further enacted by the authority of this present Parliament That all the offences in this Act and in the said former Act All offences in this Act shall be presented before the Judges of Assise Justices of Peace and before the Major and head Officer of every City or Town Corporate mentioned shall be from time to time diligently enquired of and presented before the Justices of Assises in their Circuit Justices of Peace in their Quarter or Ordinary Sessions and before the Majors Bailiffs or other head Officers of every City or Town Corporate who have power to enquire of Trespasses Riots Routs Forces and such like offences and in every Court Leet and thereupon such due proceeding shall be against the offender or offenders for their due conviction in that behalf as in such like cases upon any Indictment or Presentment is used by the Laws of the Realm or Customs of the City Town or place where such Presentment or Indictment shall be enquired of and found And it is further enacted by the authority aforesaid That if any person or persons being once lawfully convicted of the said offence of Drunkennesse shall after that be again lawfully convicted of the like offence of Drunkennesse That then every person or persons so secondly convicted of the said offence of Drunkennesse shall be bounden with two Sureties to our Soveraigne The offender upon second conviction shall be bound with two sureties to be of good behaviour Lord the Kings Majestie his Heirs and Successors in one Recognisance or Obligation of ten pounds with Condition to be from thenceforth of good behaviour Be it further enacted by the authority aforesaid That all Constables Churchwardens Headboroughs Tythingmen Ale-cunners All Constabl Headboroughs Tithingmen Ale-cunners Sidemen shall present the offences against this Statute and Sidemen shall in their severall Oaths incident to their severall Offices be charged in like sort to present the offences contrary to this Statute Provided alwayes That this Act or any thing therein contained do not in any wise abridge or restrain the Ecclesiasticall No restraint of Ecclesiasticall Jurisdiction power or Jurisdiction but that all Ordinaries and other Ecclesiasticall Judges and Officers shall and may proceed to enquire of censure and punish all such offenders according to the Ecclesiasticall Laws of this Realm in such manner and form as before they lawfully might do Any thing in this Act to the contrary notwithstanding Provided also That when any of the offenders against the There shall be but one punishment for one offence true intent of this Act
Corporate Franchise or Liberty where such Alehouse or tipling house shall be The same Recog there to remain of Record before the Justices of Peace of that Shire City Borough Town Corporate Franchise or Liberty upon pain of forfeiture to the King for every such Recog taken and not certified the summe of three pound six shillings eight pence And it is further enacted by the authority aforesaid That the Inquiry of those which have forfeited their recognisance Justices of Peace of every Shire City Borough Town Corporate Franchise and Liberty where such Recognisance shall be taken shall have power and authority by this Act in their quarter Sessions of the Peace by presentment information or otherwise by their discretion to inquire of all such persons as shall be admitted and allowed to keep any Ale-house or tipling house and that be bound by Recognisance as is abovesaid if they or any of them have done any Act or Acts whereby they or any of them have forfeited the same Recognisance And the said Justices of every Shire and places where they be Justices shall upon every such presentment or information award Processe against every such person so presented or complained upon before them to shew why he should not forfeit his Recognisance and shall have power and authority by this Act to hear and to determine the same by all such ways and means as by their discretion shall be thought good And it is further enacted by the authority aforesaid That if The punishment of those which contrary to the commandment of the Justices do keep Ale-house 3 Car. 3. any person or persons other then such as shall be hereafter admitted allowed by the said Justices shal after the said first day of May obstinately and upon his own authority take upon him or them to keep a common Ale-house or tipling house or shall contrary to the commandment of the said Justices or two of them use commonly selling of Ale and Beer that then the said Justices of Peace or two of them whereof one to be of the Quorum shall for every such offence commit every such person or persons so offending to the common Gaole within the said Shire City Borough Town Corporate Franchise or Liberty there to remain without bail or mainprise by the space of three days And before his or their deliverance the said Justice shall take Recognisance of him or them so committed with two sureties that he or they shall not keep any common Ale-house tipling house or use commonly selling of Ale or Beer as by the discretion of the said Justices shall be seen convenient And the said Justices shall make certificate of every such Recognisance and offence at the next quarter Sessions that shall Certificate of the Recog and offence at the Quarter Sessions be holden within the same Shire City Borough Town Corporate Franchise or Liberty where the same shall be committed or done Which certificate shall be a sufficient conviction in the Law of the same offence And the said Justices of Peace upon the said certificate made shall in open Sessions assesse the fine for every such offence at twenty shillings Provided alway that in any such Towns and places where any Fair or Fairs shall be kept that for the time onely of the The fine of those which keep Ale-house without License same Fair or Fairs it shall be lawfull for every person and persons to use common selling of Ale or Beer in Booths or other places there for the relief of the Kings Subjects that shall repair to the same in such manner and sort as hath been used and A Proviso for Towns where Fairs be kept done in time passed This Act or any thing therein contrary notwithstanding 1. Jac. 9. 4. Jac. 4. 11. H. 7. 2. 3. Car. 3. Anno tertio CAROLI REGIS CAP. III. The forfeiture and punishment of him that keeps an Ale-house without Licence VVHereas by an Act made in the fifth yeer of the reign of King Eward the sixth of famous memory intituled An Act for keepers of Ale-houses to be bound by Recognizance amongst other things it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Justices mentioned in the said Act should Every person obstinately keeping an Ale-house or Tippling-house contrary to the commandment of the Justices to be committed to prison for the space of three dayes there to remaine without Baile or mainprise 5. 6. Exd. 6. 25. after the day in the said Act limitted obstinately and upon his own authority take upon him or them to keep a common Ale-house or Tipling house or should contrary to the commandment of the Justices or two of them use commonly selling of Ale or Beer That then the said Justices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the common Gaole within the Shire City Borough Town Corporate Franchise or Liberty there to remain without Bail or Mainprise by the space of three dayes And before his or their deliverance the said Justices should take Recognisance of him or them so committed with two Sureties that he or they should not keep any common Ale-house Tipling house or use commonly selling of Ale or Beer as by the discretion of the said Justices should seem convenient And the said Justices should make Certificat of every such Recognizance and Offence at the next Quarter-Sessions that should be holden within the same Shire City Borough Town Corporate Franchise or Liberty where the same should be committed or done which Certificat should be a sufficient conviction in Law of the same offence And the said Justices of Peace upon the said Certificate made should in open Sessions assesse the Fine for every such offence at twenty shillings as by the said Act may appear Which Law hath not wrought such reformation as was intended for that the said Fine of twenty shillings is seldome levyed and for that many of the said offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to beare their own charges of conveying them to the Gaole and moreover do leave a great charge of wife and children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the offenders become obstinate and incorrigible For remedy whereof Be it enacted by the authority of this present Parliament That if any person or persons after forty Every one that keeps an Alehouse without License shall for every offence lose 20 s to the poor dayes next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licenced take upon him her or them to keep a common Ale-house or Tipling-house or use commonly selling of Ale Beere Cyder or Perry That then every such
cursing is forbidden by the Word of God Be it therefore enacted by the authority of this present Parliament that no person or persons shall from henceforth prophanely swear or curse And that if any person or persons shall at any time or times hereafter offend herein either in the hearing of any Justice of Peace of the County or of any Major Justice of Peace Bailiffe or head Officer of any City or Town Corporate where such offence is or shall be committed or shall thereof be convicted by the oaths of two For every prophane oath or curse the offender shall upon conviction by two witnesses or confession forfeit 12. d. to the poor The Constables Ch. wardens and Overseers for the poor shall by warrant of the Justice of Peace levy the said forfeitures by distresse In defect of distres the offender if above twelve yeers of age shall be set in the stocks 3. hours If under 12 yeers and shall not forthwith pay the said 12. d. he shall be whipt by the Constable Parent or Master witnesses or by confession of the party before any Justice of Peace of the County or head Officer or Justice of the Peace in the City or Town Corporate where such offence is or shall be committed To which end every Justice of Peace and every such head Officer shall have power by this Act to minister the same Oath That then every such offender shall for every time so offending forfeit pay to the use of the poor of that Parish where the same offence is or shall be committed the summe of twelve pence And it shall also be lawfull for the Constable Church-wardens and Overseers of the poor of that Parish by warrant from such justice of Peace or head Officer to levy the same summe and summes of money by distresse and sale of the offenders goods rendering to the party the overplus And in defect of such distresse the offender if he or she be above the age of 12. yeers shall by warrant from such Justice of the Peace or head Officer be set in the Stocks by three whole houres but if the offender be under the age of twelve yeers and shall not forthwith pay the summe of twelve pence Then he or she by warrant of such Justice of Peace or head Officer shall be whipped by the Constable or by the parent or master in his presence And be it further enacted That if any such offender shall If the offender sue any officer for distraining whipping or stocking the defendant may plead the generall issue commence any Suit in Law against any Officer or other for such distraining sale of goods whipping or setting in the stocks the Defendant or Defendants may plead the generall Issue and give the speciall matter in evidence to the Jury at the triall And if it be found against the Plaintiffe or that the Plaintiffe be non-suit And have good costs the Defendant or Defendants shall be allowed good Costs to be taxed by the Court. Provided neverthelesse that every offence against this Law Every offence shall be complained of and proved within twenty dayes Thsi Act shall be read in every church upon the Lords-day twice every yeer shall be complained of and proved as abovesaid within twenty dayes after the offence committed And it is also enacted That this Act shall be read in every Parish Church by the Minister thereof upon the Sunday after Evening prayer twice in the yeer Anno primo JACOBI REGIS CAP. IX Severall Penalties of Alehouse-keepers for their severall Offences VVHereas the ancient true and principall use of Innes Ale-houses The true and principall use of Innes Alehouses and other Victualling-houses and Victualling-houses was for the receit and lodging of wayfaring people travelling from place to place and for such supply of the wants of such people as are not able by greater quantities to make their provision of Victuals and not meant for entertainment and harbouring of lewd and idle people to spend and consume their money and their time in lewd and drunken manner Be it therefore 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 if after forty dayes next ensuing after the end of this present Session of Parliament any Inne-keeper Victualler or Ale-house-keeper within this Realm of England or the Dominion of Wales do permit or suffer any person or persons inhabiting and dwelling in any City Town Corporate Market Town Village or Hamlet within this Realm of England and Dominion of Wales where any such Inne Ale-house or Tipling-house is or shall be to remain continue drinking or tipling in the said Inne Victualling house Tipling-house or Ale-house other then such as shal be invited by any Traveller shal accompany him during his necessary abode there and other then Labouring and Handicrafts-men in Cities and Towns Corporate and Market Towns upon the usuall working dayes for one hour at dinner time to take their diet in an Ale-house and other then Labourers and Work-men which for the following of their work by the day or by the If an Ale-house-keeper suffer a dweller of the Town or Village where the Inne or Ale-house is to continue drinking there but such as shall be invited by a Traveller he shall for every offence forfeit 10. s to the poor Such offence being seen by any Major or Justice or proved by oath of two witnesses to be taken by such Major or Justice 21. Jac. 7. one witnesse is to be taken If he sell lesse then an Ale-quart of the best Bear or Ale for a peny and 2. quarts of the small he shall forfeit 20. s. to the poor for every offence proved as above limited The said penalties to be leyied by the Constables and Ch. Wardens by distres great in any City Town Corporate Market Town or Village shall for the time of their said continuing in work there sojourn lodge or victuall in any Inne Ale-house or other Victualling-house other then for urgent and necessary occasions to be allowed by two Justices of Peace That then every such Inne-keeper Victualler or Ale-house-keeper shall for every such offence forfeit and lose the summe of ten shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed the same offence being viewed and seen by any Major Bailiffe or Justice of Peace within their severall limits or proved by the oath of two witnesses to be taken before any Major Bailiffe or any other head Officer or any one or more Justice or Justices of the Peace who by vertue of this Act shall be authorized to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission And be it further enacted by the authority aforesaid That if any Inne-keeper Alehouse-keeper or Victualler shal at any time utter or sell lesse then
or any Branch or Article thereof hath been once punished or corrected for his or her offence by any the ways and means before limited That then the said offender shall not be eftsoons punished or corrected for the same offence by any other ways or means Provided always That this Act or any thing therein contained The Liberties of the Universities shall not be prejudiced shall not be prejudiciall to either of the two Universities of this Land But that the Chancellour Masters and Scholers and the Successours of them and either of them may as fully use and enjoy all their Jurisdictions Rights Priviledges and Charters as heretofore they have or might have done Any thing in this Act to the contrary notwithstanding Provided always That no person or persons shall be punished No punishment if not questioned within six moneths impeached or molested for any offence mentioned in this Statute unlesse he shall be for the same offence presented indicted or convicted within six moneths after such offence committed This Act to continue untill the end of the first Session of the next Parliament 21. Jac. 7. made perpetuall Anno septimo JACOBI REGIS CAP. X. The Penalty for an Offence committed against any of the Branches of the Statutes of 1 Jac. 9. or 4. Jac. 5. touching Alehouse-keepers and Drunkards VVHereas notwithstanding all former Laws and Provisions already made the inordinate and extream vice of excessive Drinking and Drunkennesse doth more and more abound to the great offence of Almighty God and the wastfull destruction of Gods good creatures Be it enacted by the authority of The Ale-house-keeper upon conviction for any offence against the Statutes of 1. Jac. 9. or 4. Jac. 5. shall for 3. yeeres next after such conviction be disabled to keep any Ale-house 21. Jac. 7. this present Parliament That if any person being an Ale-house-keeper after six weeks next ensuing this present Session of Parliament shall be lawfully convicted for any offence or offences committed against any of the Branches of two former Acts of Parliament made sithence the beginning of this present Parliament the one intituled An Act to restrain the inordinate haunting and tipling in Innes Ale-houses and other Victualling-houses the other entituled An Act against the odious and loathsome sin of Drunkennesse That then every person or persons so convicted shall for the space of three yeers next ensuing the said conviction be utterly disabled to keep any such Ale-house Anno vicesimo primo JACOBI REGIS CAP. VII 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 VVHereas one Statute entituled An Act to restrain the inordinate haunting or tipling in Innes Ale-houses and other Victualling-houses made in the first yeer of his Highness happy raigne of England And another Statute intituled An Act to represse the odious and loathsome sin of Drunkennesse made in the fourth yeer of his Highnesse raign of England were 1. Jac. 9. 4. Jac. 5. With the alterations and additions hereafter expressed made perpetuall Where by those Statutes proof of 2. witnesses was required It is enacted That one witnesse shall be sufficient That after the confession of one offender his oath shall be sufficient proof against any other offending at the same time made to continue to the end of the first Session of the next Parliament and by experience have been found good and necessary Laws Be it therefore enacted That the said Statutes with the alterations and additions hereafter expressed shall be put in due execution and continue for ever And whereas by the said Statutes proof of two witnesses is required Be it enacted that proof of one witnesse from henceforth shall be allowed and taken for sufficient in that behalf And that the voluntary confession before any such persons as by the said Act are authorized to minister the Oath of any person offending either of the said Statutes shall suffice to convince the Person so offending after such confession the oath of the party so offending shall and may be taken and be a sufficient proof against any other offending at the same time And be it further enacted That if any person or persons wheresoever his or their habitation or abiding be shall at any time hereafter be found upon view or his own confession He that stayes tipling in an Inne or Alehouse wheresoever he dwels shal be within the said Statutes as if he dwelt within the City or Town where the Inne or Alehouse is or proof of one witnesse to be tipling in any Inne Ale-house or Victualling-house such person or persons shall be from henceforth adjudged and construed to be within the said Statutes as if he or they had inhabited and dwelt in the City Town Corporate Market Town Village or Hamlet where the said Inne Ale-house or Victualling-house is or shall be where he or they shall be so found tipling and shall incurre the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit and And shall incur the like penalties the voluntary confession of such person or persons so offending before such as by the said statutes are authorized to minister the Oath shall suffice to convince themselves and after such confession the Oath of such person or persons so confessing shall and may be taken by such as by the said Act have authority to minister an Oath and shall be a sufficient proof against any other offending at that time And be it further enacted That any Justice of Peace in any That any Justice or Head-officer upon his view confession of the party or proof of one witnesse upon oath before him shal have power to convince any person of drunkennes wherby such person so convict shall forfeit 5. s. for every such offence to be levied or the offender otherwise punished as in the aforesaid Statute is appointed And for the second offence sha be bound to be of good behaviour If any Ale-house keeper be convict for any offence against the branches of either of the said two former Statutes or against this Statute he shal be disabled to keep any Ale-house for three years after County any Justice of Peace or other head Officer in any City or Town Corporate within their Limits respectively shall from henceforth have power and authority upon his own view confession of the party or proof of one witnesse upon Oath before him which he by vertue of this Act shall have power to administer to convince any person of the offence of Drunkennesse whereby such person so convict shall incurre the forfeiture of five shillings for every such offence and the same to be levied or the offender otherwise punished as in the said Statute is appointed And for the second offence shall become bound to the good behaviour as if he had been convicted in open Sessions Any thing in the
said former Statute made in the fourth yeer of his Majesties raign to the contrary notwithstanding And be it further enacted That if any person being an Alehouse-keeper or that shall at any time hereafter be an Alehouse-keeper shal at any time herafter be lawfully convict for any offence against any the Branches of either of the said two former Statutes according to the alterations and additions therein contained or against the true meaning of this present Statute That every person so convict shall for the space of three yeers next ensuing the said conviction be utterly disabled to keep any such Ale-house And whereas in the said Statute made in the fourth yeer of his said Majesties raign intituled An Act to represse the odious Constables Church-wardens Head Boroughs Tithingmen Ale-cunners and Side-men are enlarged and charged to present all offences against the Statute 1 Jac. 9. and against the alterations and additions in this Act and loathsome sin of Drunkennesse Constables Churchwardens Headboroughs Tithing-men Ale-cunners and Sidemen are appointed in the Oaths incident to their Offices to be likewise charged to present the offences contrary to the said Statute Be it enacted That the said Oath shall always hereafter be also enlarged extend to present all offences done contrary to the statute made in the first Session of Parliament held in the first yeer of his Highnesse raign intituled An Act to restrain the inordinate haunting and tipling in Innes and Ale-houses and other Victualling-houses with the alterations and additions in this Act contained made in the said fourth yeer of his said Majesties raign according to the alterations and additions of the same in this Act expressed Stat. 1. Car. 4. Anno primo CAROLI REGIS CAP. IV. Forreiners as well as Inhabitants shall not be permitted to tipple in Innes Ale-houses c. VVHereas in the last Parliament it was enacted That if any person or persons wheresoever his or their habitation or abiding be should after be found upon view or his own confession or proof of one witnesse to be tippling in any Inne Ale-house or Victualling-house such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth yeers of the late Kings Majesties raign King James of famous memory The one intituled An Every Alehouse keeper that shall suffer any person or persons not dwelling in the city or town where the Ale-house is to tipple in his Alehouse contrary to the true intent of any the said three Statutes shall incur the same penalty as is appointed 1 Jac. 9. for suffering such to tipple as dwell in the same City or town Act to restrain the inordinate haunting of tipling in Innes Ale-houses and other Victualling-houses And the other intituled An Act to represse the odious and loathsome sin of Drunkennesse as if he or they had inhabited and dwelled in the City Town Corporate Market Town Village or Hamlet where the Inne Ale-house or Victualling-house was or should be where he or they should be so found tipling should incurre the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either of the said Acts or by any other Statute is inflicted upon the Inne-keeper Ale-house-keeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inne Ale-house or Victualling-house For remedy whereof Be it enacted That every Inne-keeper Ale-house-keeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporat Market Town Village or Hamlet where such Inne Ale-house or Victualling-house is or shall be to tipple in the said Inne Ale-house or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inne-keeper Ale-house keeper and Victualler so offending shall incurre the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first yeer of his said late Majesties raign is appointed for permitting such to tipple as dwell in the same City Town Corporate Market Town Village or Hamlet Taverns such as sell wine do also keep Inns or victualling shall be within the said two former statutes and this statute And be it further enacted That the keepers of Taverns and such as do sell wine in their houses and do also keep Innes or Vicaualling in their houses shall be taken to be within the said two former Statutes and also within this Statute Anno quinto sexto EDWARDI sexti CAP. XXV None shall sell Ale or Beer without Licence and they shall be bound by Recognisance FOrasmuch as intolerable hurts and troubles to the Common-wealth of this Realm daily do grow and increase through such abuses and disorders as are had and used in common Ale-houses and other houses called tipling-houses It is therefore enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the authority of the same that the Justices of Peace within every Shire City Borough Town Corporate Franchise or Liberty within this Realm or two of them at the least whereof one of them to be of the Quorum shall have full power and authority by vertue of this Act within every Shire City Borough or Town Corporate Franchise and Liberty where they be Justices of Peace to remove discharge and put away The Justices of Peace may discharge common selling of Ale and Beer common selling of Ale and Beer in the said common Ale-houses and tipling houses in such Town or Towns and places where they shall think meet and convenient And that none after the first day of May next comming shall be admitted or suffered to keep any common Ale-house or tipling house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Justices of the Peace whereof one to be of the Quorum And that the said Justices of the Peace or 2. of them whereof the one to be of the Quorum shall take bond and surety from time to time by Recognisance Recog with surety by those that do keep Alehouse of such as shall be admitted and allowed hereafter to keep any common Ale-house or tipling-house as well for and against the using of unlawfull games as also for the using and maintenance of good order and rule to be had and used within the same as by their discretion shall be thought necessary and convenient for making of every which Recognisance the party Twelve pence for making the Recog or parties that shall be bound shall pay but twelve pence And the said Justices shall certifie the same Recognisance at the next quarter Sessions of the Peace to be holden within the same Shire City Borough Town
a certain summe to be appointed by the discretion of the Lord Chancellor of England that hee shall not use the said placard contrary to the form thereof Be it further enacted by the authority aforesaid that it shall be lawfull to all and every the Justices of Peace in every Shire Mayors Sheriffes Bailiffes and other head Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as need and case shall require to come enter and resort into all and every houses places and allies where such games shall be suspected to be holden exercised used or occupied contrary to the form of this estatute and as well the keepers of the same as also the persons there hanting resorting and playing to take arrest and imprison and them so taken and arrested to keep in prison unto such time as the keepers and maintainers of the said playes and games have found sureties to the Kings use to be bound by recognisance or otherwise no longer to use keep or occupy any such house play game alley or place and also that the persons there so found be in like case bound by themselves or else with And that the persons that are so found be in like case bound by themselves or with sureties by discretion of the Justices Mayors or head Officers no more to play haunt or exercise at any the said places or games That the Maiors and head Officers shall search weekly or once a month where any such houses or playes shall be susspected to be kept And if they do not so search to forfeit for every months neglect forty shillings That no Artificer Crafts man husbandman apprentice labourer journeyman Marriners Fishermen Watermen or any serving-man shall play at Tables Tennis dice Cards Bowls Clash Coyting c. Out of Christmas under pain of 40. s. for every time And in Christmas to play in their Masters houses or in their masters presence None to play at any time at bowls out of his garden or orchard upon 6. s. 8. d. forfeiture for every time so offending All Justices Maiors c. finding or knowing any such offenders shall commit them to ward till they be bound from using such unlawfull games sureties by the discretion of the Justices Mayors Sheriffes Bailiffes or other head Officers no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Also be it further enacted by the authority aforesaid that the Mayors Sheriffes Bailiffes Constables and other head Officers within every City Borough or Town within this Realme where any such Officers shall fortune to be as well within the franchises as without shall make due search weekly or at the furthest at all times hereafter once every moneth in all places where any such houses allies playes or places shall be suspected to be had kept and maintained And if the said Mayors Sheriffes Bailiffes Constables and other head Officers within their Cities Boroughs and Townes as well within franchises as without do not make due search at the furthest once every moneth if the case so require according to the tenor of this act and do not execute the same in all things according to the purport and force of the same that then every such Mayor Sheriffes Bailiffes Constable or other head Officer to pay and forfeit for every moneth not making such search nor executing the same xl s. Be it also enacted by the authority aforesaid that no manner of artificer or Crafts man of any handy Craft or occupation husbandman apprentice labourer servant at husbandry journeyman or servant of artificer mariners fishermen watermen or any serving man shall from the said feast of the Nativity of Saint John Baptist play at the tables tennis dice cards bowles clash coyting logating or any other unlawfull game out of Christmas under the pain of xx s. to be forfeit for every time and in Christmas to play at any of the said games in their Masters houses or in their Masters presence And also that no manner of person shall at any time play at any bowle or bowles in open places out of his garden or orchard under the pain for every time so offending to forfeit vi s. viii d. And that all Justices of Peace Mayors Bailiffes Sheriffes and all other head Officers and every of them finding or knowing any manner person or persons using or exercising any unlawfull games contrary to this present Statute shall have full power and authority to commit every such offender to Ward there to remain without baile or mainprise untill such time that they so offending be bounden by obligation to the Kings use in such summes of money as by the discretion of the said Justices Maiors Bailiffs or other head Officers shall be thought reasonable that they or any of them shall not from henceforth use such unlawfull games Be it further enacted by the authority aforesaid that all other All suits upon this Statute shal be within the year after the offence statutes made for the restraint of unlawfull games or for the maintenance of Artillery as touching the penalties or forfeitures of the same shall be from henceforth utterly void And all informations plaints actions or suits that shall be taken or sued upon any part of this statute shall be commenced within the yeer after the offence committed and done or otherwise no advantage or suit to be taken And where any such forfeitures shall happen to be found Where such forfeiture shall be in any Franchise or Leet the lord to have one moity thereof and the other to him that will sue for the same in any the Kings Courts within the Precinct of any Franchise Leet or Lawday then the Lord of the same Franchise Leet or Lawday to have the one moity thereof and the other moity thereof to any of the Kings Subjects that will sue for the same in any of the Kings Courts by action information bill or otherwise in which action or suit the Defendant shall not be admitted to wage his Law nor any protection nor essoine shall be allowed And where such forfeiture shall be found out of the Precinct of any Franchise Leet or Lawday that the moity of all such forfeitures shall be to the King our Soveraign Lord and the other moity thereof to And where such forfeiture shal be out of any Franchise the moity shall be to the King and the other to him that will sue That all Maiors Sheriffs and other head Officers shall once every quarter make Proclamation of this Act in every Market within their jurisdictions That the Justices of Gaole delivery Assises and Justices of peace do cause the same to be proclaimed in their Circuit and Sessions any the Kings Subjects that will sue for the same by bill plaint action information or otherwise in any of the Kings Courts in which suit or action the Defendant shall not be admitted to
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
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