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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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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
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
person or persons shall for every such offence forfeit and lose the summe of twenty 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 Mayor Bailiffe or Justice of Peace or other head Officer within the severall limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiffe or other head Officer or any one or more Justice or Justices of the Peace who by vertue of this Act shall be authorised 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 Upon conviction the penalty is to be levied by the Constables or Church-wardens for the poor by way of distresse upon warrant from the Mavor or Justice The said penalty to be levyed by the Constables or Church-wardens of the Parish or Parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said Parish by way of distresse to be taken and detained by Warrant or Precept from the said Mayor Bailiffe Justice or Justices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid And for default of satisfaction within three dayes next ensuing the said distresse to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or Through defect of distresse or not payment of the said 20 shillings within six dayes after conviction the offender to be committed to a Constable or to be apprehended and openly whipped for the said offence as the Justice shall limit or appoint offenders shall not have sufficient goods and chattels whereby the said twenty shillings may be levyed by way of distresse as aforesaid or shall not pay the said summe of twenty shillings within six dayes after such conviction as aforesaid That then the said Mayor Bailiffe Justice or Justices or other head Officer before whom the said offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferior Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Justice or Justices shall limit or appoint And be it enacted by the authority aforesaid That if any If the Constable neglect to execute his Warrant or punishment on the offender he shall be committed to the Common Gaole untill he cause the said punishment to be executed or pay 40. s. to the use of the poor for his contempt Constable or inferior Officer shall neglect to execute the said Precept or Warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawfull for the said Mayor Bailiffe Justice or Justices of Peace or other head Officer to commit the Constable or other inferior Officer so refusing or not executing the said punishment by himself or some other to the common Gaole of the said County City or Town Corporate there to remain without Bail or Mainprise untill the said offender or offenders shall be by the said Constable or Constables or other inferior Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the summe of forty shillings of lawfull Upon the second offence and conviction of an unlicensed alehouse-keeper he or she shall be committed to the house of correction till by order of the Justices in their generall Sessions he or she shall be freed money of England unto the use of the poor of the Parish for their said contempt And be it further enacted that if the said offender or offenders being an unlicenced Ale-house-keeper shall offend in any of the Premises the second time and be thereof lawfully convicted in manner and form aforesaid That then the said Mayor Bailiffe Justice or Justices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such person or persons shall again offend and shall be thereof convicted as aforesaid That then the said offender or offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain untill by the order of the Justices in their generall Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be No offender having been once punished either by the former Statute of Ed. 6. or this Statute shall be punished again punished by vertue of this Act shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth afore mentioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes that in such towns and places where any That during the time of Fairs onely any person may sell ale or beer Faire or Faires shall be kept that for the time only of the same Faire or Faires it shall be lawfull for every person or 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 unto the same in such like manner and sort as hath been used and done in times past this Act or any thing therein contained to the contrary notwithstanding Stat. 11. H. 7. 2. 1. Jac. 9. 4. Jac. 5. 7. Jac. 10. 21. Jac. 7. 1. Car. 4. Anno quarto JACOBI REGIS CAP. IV. In what case only Ale or Beer may be sold to an Alehouse-keeper having no Licence FOr the better repressing of Ale-houses whereof the multitudes None shal sell or deliver Beer or Ale to any person that shall sell it as a common tippler or Ale-house keeper not having any licence then in force to sell Ale and Beer upon pain of six shillings eight pence for every barrell so sold or delivered and abuses have been and are found intollerable and stil do and are like to increase Be it enacted by the Kings most excellent Majesty and the Lords and
Commons in this present Parliament assembled and by the authority of the same That no person or persons by himself or by any other wayes or means directly or indirectly shall at any time after three moneths next after the end of this present Session of Parliament sell utter or deliver or cause to be sold uttered or delivered any Beer or Ale to any person or persons or into the house or cellar of any person or persons that then shall sell or utter Beer or Ale as a common Tipler or Ale-house-keeper the same person not having any Licenee then in force to sell Ale or Beer other then for the convenient use and expence of his her or their houshold only upon pain to forfeit for every barrell sold uttered or delivered contrary to the form and true meaning of this Act the summe of six shillings eight pence and so after that rate for a greater or lesser quantity And be it further enacted by that authority aforesaid That all offences to be done or committed contrary to the true meaning All offences against this Act shall be heard and determined in the Sessions of the peace for the County City or Town where the offence is committed by action of debt information Indictment or presentment of this Act and all penalties aforesaid shall be enquired of sued for heard and determined in the Sessions of the Peace for the County City or Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such offence shall be committed by action of debt Information Indictment or Presentment wherein no Essoine Protection or Wager of Law shall be allowed to the Defendant And the one half of all which forfeitures shall be to the use of the poore people inhabiting within the City Borough Hundred Town or Liberty where such offence shall be committed from time to time and the other half thereof to him or them that will sue for the same And to the end that the said one half of the said forfeitures above limited to be to the use of the said poor people may be The moity of all forfeitures shall be to the poor and the other half to him that will sue for the same truly imployed and bestowed upon them according to the true meaning of this Act be it further enacted That the Sheriffe Bailiffe or other Officer or person that shall levy or receive any summe or summes of money forfeited and recovered according to the true meaning of this Act shall and may by vertue of this Act without further warrant deliver the one half of the same summe and summes of money by him or them so levyed or received to some one or more of the Church-wardens and Overseers of the poore of the same Parish where the same offence shall be committed to be by them and every of them distributed and bestowed amongst the said poor people according to the true meaning of this Act who shall likewise have authority by vertue of this Act to distribute and bestow the same accordingly And be it further enacted That every Sheriffe Bailiffe and The person that shal levy and receive the forfeitures by this Act shall deliver half thereof to the Churchwardens and overseers for the Poor to be by them distributed to the Poor If such person refuse to pay over the said moity or that the Churchwardens and Overseers do not within convenient time distribute the same to the poor every person so offending shall forfeit the double value therof other officer and person which shall levy or receive any such forfeiture or forfeitures aforesaid and shall pay over the moity and one half thereof according to the true meaning of this Act shall be thereof discharged against the Kings Majesty his heirs and successors And be it further enacted That if any Sheriffe Baylisse or other Officer or person shall refuse to pay over the moity and one half of the said mony by him or them levyed or received or that the said Church-wardens and Overseers to whom the said mony shall be so paid shall not from time to time within convenient time truly distribute and bestow the same to and amongst the poor people according to the true meaning of this Act That then every person so offending shall forfeit double the value thereof to be recovered and imployed as aforesaid Anno tricesimo tertio HENRICI octavi CAP. IX Artillery shall be maintained and unlawfull games debarred BE it also enacted by the authority aforesaid that no manner None shall keep a Common house Alley or place of Bowting Tennis dicing table carding c. Upon pain to sorfeit 40. s. for every day of person or persons of what degree quality or condition soever he or they be from the feast of the Nativity of Saint Iohn Baptist now next comming by himself factor deputy servant or other person shall for his or their gain lucre or living keep have hold occupy exercise or maintain any common house alley or place of bowling coyting cloyshcayles half-bowl tennis dicing table or carding or any other manner of game prohibite by any estatute heretofore made or any unlawfull new game now invented or made or any other new unlawfull game hereafter to be invented found had or made upon pain to forfeit and pay for every day keeping having or maintaining or suffering any such game to be had kept executed played or Every person using the said houses and playes and there playing to forfeit for every time 6. s. 8. d. maintained within any such house garden alley or other place contrary to the form and effect of this estatute forty shillings And also every person using and haunting any of the said houses and playes and there playing to forfeit for every time If any sue for a Placard the game shall be contained therein that he will use in his house and what persons shall play thereat Every placard granted to the contrary to be voyd That the party before he put such Placard in execution shall be bound with sureties in Chancery not to use the said Placard contrary to the form thereof That every Justice and headofficer may enter into all houses places where such Games shall be suspected to be holden and as well the keepers as players there to arrest and imprison Untill the keepers of such house playes have found sureties to be bound no longer to keep or use such house or playes so doing six shillings eight pence And if any person hereafter sue for any placard to have common gaming in his house contrary to this estatute that then it shall be contained in the same placard what game shall be used in the same house and what persons shall play thereat and every placard granted to the contrary to be void and also that the party obtaining any such placard before he put the same in execution shall be bound with sufficient sureties with him by recognisance in the Chancery in