ALL ORDINANCES AND ORDERS, For the better observation of the LORDSDAY, and the FAST. 9 Decemb. 1646. ORdered etc. That the Ordinances for the better Observation of the public days of Fast and Humiliation and for the better Observation of the Lordsday be Printed together, And that it be referred to the Care of the Knights and Burgesses of the several Counties, Cities, and Burroughs, to send down a sufficient number of Copies, of them so Printed, to the several and Respective Committees to be distributed and dispersed to the several Parishes, and the several and respective Ministers are hereby enjoined and required, the Lords day immediately before every day of public Humiliation, to give notice of the said day to the Congregation assembled, and to read unto them these Ordinances for the better observation of the Lordsday, and the days appointed for public Humiliation And that the Justices of Peace in their several Limits do take a strict Monthly Account of the due Execution and Observation of these Ordinances. Hen. Elsing Cler. Parl. Dom. Com. LONDON. Printed for Edw. Husband printer to the Honourable House of Commons. Feb. the 18. 1646. Die Sabbathi 6. April, 1644. An Ordinance of the Lords and Commons assembled in Parliament, for the better Observation of the LORDSDAY. FOrasmuch as the Lords day, notwithstanding several good Laws heretofore made, hath been not only greatly profaned, but divers ungodly Books have been published by the Prelatical faction, against the Morality of that Day, and to countenance the profanation of the same, to the manifest endangering 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 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 Lord's day, apply themselves to the sanctification of the same, by exercising themselves thereon, in the duties of Piety and true Religion, publicly and privately: And that no person or persons whatsoever, shall publicly cry, show forth, or expose to sale any Wares, Merchandizes, Fruit, Herbs, Goods, or Chattels whatsoever, upon the Lordsday, or any part thereof▪ upon pain, that every person so offending shall forfeit the same Goods so cried, shown forth, or put to sale: And that no person or persons whatsoever, shall, without reasonable cause for the same, Travel▪ carry Burdens, or do any worldly labours or work 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 lawful money; and that every person carrying any burden, 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 hereafter upon the Lord's day, use, exercise, keep, maintain, or be present at any Wrestle, Shooting, 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 years, 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 years, shall forfeit and lose twelve pence for every of the said offences that shall be committed by any such child and children. And because the profanation of the Lords day hath been heretofore greatly occasioned by Maypoles (a Heathenish vanity, generally abused to superstition and wickedness) The Lords and Commons do further Order and Ordain, that all and singular Maypoles, that are, or shall be erected, shall be taken down, and removed by the Constables, Borsholders, Tythingmen, petty Constables, and Churchwardens of the Parishes and places where the same be; and that no Maypole shall be hereafter set up, erected, or suffered to be within this kingdom of England, or Dominion of wales. And it is further Ordained, that if any of the said Officers shall neglect to do their Office in the premises, within one week after notice of this Ordinance, every of them for such neglect shall forfeit five shillings of lawful moneys; and so from week to week, weekly five shillings more afterwards, till the said Maypole shall be taken down and removed. And that if any Justice of the Peace of the County, or the chief Officer or Officers, or any Justice of the Peace, of, or within any City, Burrough, or Towne-Corporate, where the said offences shall be committed upon his or their view, or confession of the party, or proof of any one or more witnesses by oath (which the said Justice, chief Officer or Officers, is by this Ordinance authorised to minister (shall find any person offending in the premises, the said justice, or chief Officer or Officers, shall give warrant under his or their hand and seal, to the Constables or Churchwardens of the Parish or Parishes where such offence shall be committed, to seize the said Goods, Cried, shown forth, or put to sale as aforesaid; and to levy the said other Forfeitures or penalties by way of Distress, and sale of the Goods of every such offender, rendering to the said offenders the overplus of the Moneys raised thereby; And in default of such Distress, or in case of insufficiency, or inability of the offender to pay the said Forfeitures or penalties, that the party offending be set publicly in the Stocks by the space of three hours. And all and singular, the forfeitures or penalties aforesaid, shall be employed and converted to the use of the poor of the Parish where the said offences shall be committed, saving only, that it shall and may be lawful, 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 inform 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 King's Declaration concerning observing of Wakes, and use of exercise and recreation upon the Lord's day, The Book entitled, The King's Majesty's Declaration to His Subjects, concerning lawful Sports to be used; and all other Books and Pamphlets that have been, or shall be written, printed or published against the Morality of the fourth Commandment, or of the Lordsday, or to countenance the profanation thereof, be called in▪ seized and suppressed, and publicly burnt, by the Justices of Peace, or some, or one of them, or by the chief Officer or Officers aforesaid, in their several Limits, or by their Warrant or Command. Provided, and be it Declared, That nothing in this Ordinance shall extend to the prohibiting of dressing of Meat in private Families, or the dressing and sale of Victuals in a moderate way in Inns or Victualling-Houses, for the use of such as otherwise cannot be provided for; or to the crying or selling Milk before Nine of the Clock, in the Morning, or after Four of the Clock in the Afternoon, from the Tenth of September, till the Tenth of March: or before Eight of the Clock in the Morning, or after five of the Clock in the Afternoon, from the Tenth of March, till the Tenth of September. And whereas there is great breach of the Sabbath by Rogues, Vagabonds and Beggars; It is further Ordained, That the Lord Mayor of the City of London, and all justices of Peace, Constables, Churchwardens and other Officers and Ministers whatsoever, shall from time to time cause all Laws against Rogues, Vagabonds and Beggars, to be put in due execution; and take order that all Rogues, Vagabonds and Beggars, do on every Sabbath-day repair to some Church or Chapel, and remain there soberly and orderly during the time of Divine Worship. And that all and singular person and persons, that shall do any thing in the execution of this Ordinance, shall be protected and saved harmless by the Power and Authority of Parliament. And be it further Ordained▪ That this Ordinance be printed and published, and read in all Parish Churches and Chappells, before the Sermon▪ in the Morning on some Lordsday before the first of May next, on the Southside of Trent, and before the first of June next, on the North-side of Trent. H. Elsing, Cler. Parl. Dom. Com. Die Mercurii 22. August 1642. An Ordinance of the Lords and Commons assembled in Parliament, for the better Observing and Keeping a Monthly Fast, within the Kingdom of England, and Dominion of WALES. WHereas the Kings most excellent Majesty upon the request of the Lords and Commons in this present Parliament assembled, and by and with their advice and consent, considering the lamentable and distressed condition of his good Subjects in the Kingdom of Ireland; (that there might be a general Humiliation of all the Estates of this Kingdom before Almighty God in Fasting and Prayer) was graciously pleased to command the keeping of a Monthly Fast; and to the end that all persons might the better take notice thereof (and to leave such without excuse, as should not duly keep and observe the same) did afterward by his Proclamation of the eighth of january 1641. appoint that the same should be generally▪ publicly, & solemnly holden, and kept, as well by abstinence from food, as by public prayers, preaching and hearing of the Word of God, and other Religious and holy duties, in all cathedrals, Collegiate, and Parish Churches, and Chappells, within the Kingdom of England and Dominion of Wales, (without any exception) on the last Wednesday of every Month, to continue during the troubles in the said Kingdom of Ireland: All which his Majesty did straightly charge and command, should be reverently and devoutly performed by all his Subjects, as they desire the blessing of Almighty God, and would avoid his heavy indignation against this Land and people; and upon pain of such punishments as may justly be inflicted upon all such as shall contemn or neglect so Religious a work and duty. And whereas the Lords and Commons in both Houses of Parliament, have received divers informations from several parts of this Kingdom and Dominion of Wales, of the great neglect of the due observation and keeping of the said Fast upon the days appointed, and of the profanations of the same, by many irreligious, illaffected, lose, and scandalous persons, as well of the Clergy as others, who are so far from aflicting their souls, and losing the bands of wickedness, 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, ordain, that in all and every the Cathedrals, Collegiate, and Parish Churches, and Chapels within the Kingdom of England and Dominion of Wales, (without any exception) upon every Lord's day, next and immediately before any the days appointed for the said public Fast, the Parson, Vicar, Curate, or Minister, that upon that day shall officiate, or exercise in any of the said cathedrals, Collegiate, Parish Churches or Chappells, shall give public notice in every of the said cathedrals, Collegiate, Parish Churches or Chappells respectively, of the Fast day next ensuing, immediately after Sermon, or prayer ended in the forenoon, before the Congregation be dismissed, earnestly exhorting and persuading all the people to the solemn due keeping and religious observation of the whole day appointed for the said Fast, and that they would repair to some Church or Chapel, 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, Shopkeepers, Labourers, or any others using any Art, Trade, Mystery or manual Occupation whatsoever, and that all Vintners, Taverners, Alehouse-keepers, and Keepers of Victualing-houses▪ do forbear to keep open their doors, Bulks, or Shops, or to sell or utter (except in cases of extreme necessity) any Wine, Beer, Ale or victual, till the public exercises and religious duties of that day in the respective cathedrals, Collegiate, Parish Churches and Chappells be past and over. And lastly all and every the Justices of the Peace, Mayor, Bailiffs, Constables, Churchwardens, and other Officers inhabiting or residing within the limits or precincts of any such Cathedral, Collegiate, Parish Church or Chapel, are hereby required to take special notice as well of such Parson, Vicar, Curate, or other Minister that ought to Officiate in any of the said cathedrals, Collegiate, and Parish Churches or Chappells, upon any such day appointed for the said Fast, that shall either refuse or neglect to do the same, or not do or 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 manner as 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 Laws, 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 Laws. Hen. Elsing, Cler. Parl, Dom. Com. 24. April. 1643. WHereas the Lords and Commons assembled in Parliament, have made an Ordinance for the more strict and solemn keeping of the days of public Fast, which are not by all persons duly observed, even in these times of public 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 public Fast, repair to every House within their several 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 days of the public Fast, walk through their said Liberties, diligently searching for and taking notice of all persons, who either by following their work of their calling, or sitting in Taverns, Victualling or Alehouses, or any other ways shall not duly observe the same; And they are hereby required to return 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 public Fast shall be kept, without expecting any further Order. Hen. Elsing, 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 profanation of the Monthly Fast in divers places of this Kingdom, do for prevention thereof in time to come. Order and Ordain, and be it Ordained by the said Lords and Commons, that all Justices of the Peace, Mayor, Bailiffs, 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 profanation thereof: And for the better encouragement of all such persons as have or shall testify their good affections to the State by their readiness in observing and putting in Execution of this and other the Ordinances of this Parliament, and for prevention of causeless and contentious suits against them; It is further Ordained by the said Lords and Commons that if any Action, Bill, Plaint or Suit upon the Case, Trespass, 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 Virtue of any Ordinance of Parliament or by any Person or Persons in their aid and assistance or by their Commandment, according to any such Ordinance of Parliament, the said Action, Bill, Plaint or Suit shall be laid within the County where the Trespass or Fact was or shall be done, & committed & not elsewhere; and that it shall be lawful to and for all and every Person, and Persons aforesaid to plead thereunto the General 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 virtue whereof the Fact Complained of was done or Committed. And that if upon the Trial of any such Action, Bill, Plaint, or Suit the Plaintiff 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 laid, 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 Verdict shall Pass 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 tried, shall by force, and virtue of this Ordinance allow unto the Defendant, or Defendants, his, or their double Costs, which he or they shall have sustained by reason of their wrongful 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. Elsing, Cler. Parl. Dom. Com. FINIS.