A COLLECTION Of certain Statutes in force, With full and ready notes in the Margin, containing their effect in brief. As also the ORDINANCES for the better observation of the Lords Day, and the Fast Days. Published For the better caution of such as are inclinable to Delinquency against the several effects of those STATUTES and Ordinances. And also For the better Information of all such Officers and Ministers as are by late special Warrants authorised and commanded to put the same Statutes and Ordinances in execution. For the better suppressing 1. Of unlawful Pastimes Pastimes and abuses on the Lord's day. 2. Of profane Swearing and Cursing. 3. Of the loathsome sin of Drunkenness. 4. Of the several offences committed by Innkeepers, Alehouse-keepers, and unlicensed Ale-house-keepers. 5. Of unlawful Games. And several other abuses. Being appointed by the Lord Mayor of the City of London, to be published in all Congregations within his Jurisdiction. London printed by Robert White, and are to be sold at his house On Adling-Hill. MDCXLIV. THE EPISTLE TO The READER: To whose serious consideration are presented some Arguments to move all good Christians to consider their Vows made in their late solemn Covenant, And accordingly to assist in this great work of active Reformation. Courteous Reader, HEre is set out to thy view in this ensuing Treatise, some of the penal Statutes now in force against the heinous and common offences of vain swearing, cursing, profaning of the Lords day, drunkenness and common gaming, etc. which offences have from one end of the Kingdom to the other, deeply dishonoured our God, provoked his wrath against us, disgraced the gospel and Religion professed amongst us, and made the land to mourn and languish under many heavy judgements, and now at last under that sore Plague of civil war: the effectual suppressing of which abominations, how happily may it conduce to repair the honour of God, to appease the wrath of the most high, to adorn and credit the Gospel of Christ, and to obtain healing for a bleeding, languishing, dying Nation. The vows of God are upon us, most strongly obliging us, sincerely to assist in this work, as appears by our late national Covenant for Reformation, which we have solemnly sworn. That we shall sincerely, really, and 〈…〉 constantly through the grace of God in our several places and callings, without respect of persons, endeavour the extirpation of Popery, Prelacy, Superstition, Heresy, Schism, profaneness, and whatsoever Artic ● shall be found to be contrary to sound doctrine, and the power of godliness; lest we partake of other men's sins, and thereby be in danger to receive of their Plagues. We shall also according to our places and callings Artic. 6. in this Common Cause of Religion, Liberty, and peace of the Kingdoms, assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof. Now the forenamed sins are ringleaders in profaneness, directly opposite both to sound doctrine, and the power of godliness; and such person or persons as zealoustie employ themselves by warrant from authority to see that the penal Statutes, and the Ordinances against such sins be effectually put in execution, do really proceed as by our Covenant we are strictly engaged, according to our places and callings. The crushing of these outrageous and most scandalous offences in this Kingdom, will be no small progress in the pious design of Reformation, which hath been begged with so many prayers and tears, yea dearly bought with so much blood. God's people may herein learn wisdom of the children of this world in their generation, for when the Prelatic all and Popish faction had designed the utter ruin of the true Religion amongst us, both in truth of doctrine, and power of godliness, and the introducing of Atheism, Popery, and profaneness; their compendious method, was to stock up the Lord's day by the roots, both by preaching, and publishing licentious Pamphlets against the doctrine, and morality of the Sabbath, and by sending forth Declarations in the King's name, to be read in all Churches and Chapels, directly against the practical sanctification of the Sabbath: Whereby both all godly Ministers, all public Ordinances, and therein the whole life of Religion were exposed to contempt; So that now we are (by God's great blessing) upon the great work of Reformation, in removing the rubbish of sin, and advancing pure Ordinances, and the power of godliness: one most compendious way thereto, is the carrying on of this work in the suppressing of the aforesaid abuses, and that the Lords day may be restored to her primative glory. Much good success hath already crowned these endeavours in the City of London, and places adjacent, especially in putting a stop to drunken courses, sensual sports, and other profanations of the Lords day; which inviteth London to persist, and likewise all the Counties of the Kingdom to set upon the like work, it being a work, that doth so much conduce to the glory of God. And it is not doubted, but that the Royal City of London will be an exemplary pattern to all the Cities and Counties of the Kingdom of England, in spewing out, all these loathsome sins; for which the Lord might justly cause the land to vomit out her Inhabitants. The life of all our political Laws, consists in their lively and faithful execution, the publishing of these Statutes therefore, may be very useful to all, but chief for a rule for those to walk by, that are authorised to put the same in execution; and also for those that are subject to violate the said Laws, that so they may take warning and avoid the penalties. A happy thing it were, and much to be desired, as being a matter much conducing to the carrying on of this work, that all godly Ministers would inform the judgements of the people in their preaching, of the greatness of these offences; that so the sword of the Magistrate, and the sword of the Ministry going together, the work may be carried on with the more ease, to the glory of God, the credit of the Gospel, and the comfort of the Godly. It was the practice of good King Jehosaphat, 2 Chro. 17. 8, 9 He sent the Priests and Levites to instruct the people, and in the 10. verse saith the holy Ghost, the fear of the Lord fell upon all the Kingdoms of the lands that were round about Judah, so that they made no war against Jehosaphat; such glorious effects may this work produce if it be done with courage for God; God now calls for men to put too their helping hand in this active work for Reformation. And let no man think the work too low for him, for the work is Gods, and our Covenant binds us to it, and there is a curse pronounced against those that do it not, in the 48. of Jer. and the 10 verse, Cursed be he that doth the work of the Lord negligently: And for our encouragement, it is said in the 2 Chron. 15. and the 7. verse, Be ye strong therefore, and let not your hands be weak, for your work 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 work 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 unlawful Pastimes on the Lord's day. Page 1. 3. Car. 1. A Restraint of divers abuses committed on the Lord's Day. pag. 3. 1. Jac. 22. The duty of Shoemakers. 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 profanely swear or curse. pag. 9 1. Jac. 9 Several penalties of Ale-house-keepers, for their several offences. pag. 10. 4. Jac. 5. The penalty of a Drunkard, and of him that continueth drinking in an Alehouse. 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 perpetual. One witness shall be sufficient to convince a man of Tippling or Drunkenness. pag. 18. 1. Car. 4. Foreigners as well as Inhabitants shall not be permitted to Tipple in Inns, Alehouses, etc. 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 keeps an Alehouse 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 unlawful Games debarred. pag. 30. 2. & 3. Phil. & Mar. cap. 9 All Licences to keep houses for unlawful Games shall be void. pag. 35. An Ordinance of the Lords and Commons in Parliament assembled: for the better observation of the Monthly 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 unlawful Pastimes upon the Lordsday. FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him, according to his holy will, and that the holy keeping of the Lordsday, is a principal 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, Interludes, common Plays, and other unlawful exercises and pastimes upon the Lordsday: 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 unlawful exercises and pastimes, neglecting Divine-worship both in their own Parishes and elsewhere: 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 from and after forty day's 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 Lord's day for any sports. No unlawful 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 Lord's day within this Realm of England, or any the Dominions thereof, for any sports and pastimes whatsoever; nor any Bear-baiting, Bull-baiting, Interludes, common Plays, or other unlawful 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 witness upon oath, shall give warrant to the Constables, or Churchwardens of the Parish to levy the said penalty by distress. 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 confession of the party, or proof of any one or more witnesses by oath, which the said Justice or chief Officer or Officers shall by virtue of this Act have authority 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 Patish or Parishes where such offence shall be committed, to levy the said penalty so to be assessed, by way of distress, and sale of the goods of every such offender, rendering to the said offenders, the overplus 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 general issue. None to be impeached, unless questioned within a month after the offence committed. And in default of such distress, that the party offending be set publicly 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 general 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 month next after the said offence committed. Provided also, that the Ecclesiastical Jurisdiction within this Realm, or any the Dominions thereof, by virtue of this Act or any thing therein contained, shall not be abridged, but that the Ecclesiastical 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 Lordsday. FOrasmuch as the Lordsday, commonly called Sunday, is much broken and profaned by Carriers, Wagoners, Carters, Wain-men, Butchers and Drovers of Cattles, to the great dishonour of God, and reproach of Religion; Be it therefore enacted by the Kings most excellent Majesty, & the Lords & Commons in this present Parliament assembled, and by the authority of the same, That no Carrier with any Horse or Horses, nor Waggonmen No Carrier with horse, waggonman nor Carman, with Wagons or Carts, Wain-men with Wains, nor Drover with Cattles shall travel on the Lordsday, upon forfeiture of 20. 3. for every offence. If a Butcher kill or sell any Victual on the Lordsday, he shall forfeit 6. s. 8. d. for every offence, to be levied by distress. with any Wagon or Wagons, nor Carmen with any Cart or Carts, nor Wain-men with any Wain or Wains, nor Drovers with any Cattles, shall after forty day's next after the end of this present Session of Parliament, by themselves, or any other, travel 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 forty days, kill, or sell any Victual upon the said Day; That then every such Butcher shall forfeit and lose for every such offence, the sum 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 several 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 witness or witnesses; All which sums or penalties, shall or may be levied by any Constable, or Churchwarden, by warrant from any such Justice or Justices of the Peace, Major, or other head Officer, as aforesaid, within their several limits, where such offence shall be committed or done, by distress and sale of the offender's goods, rendering to the party the overplus; 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 Majesty's Courts of Record, in any City, or Town Corporate, before his Majesty's Justices of the Peace, in their general 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 only that it shall be lawful 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 shall be committed, and not elsewhere. If Suit or Action be brought against any constable or churchwarden for any distress taken by them, to plead the general issue. None shall be impeached, if not questioned within six months. 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 elsewhere, wherein no Essoigne, Protection or Wager of Law shall be allowed to the Defendant. Provided always that it shall be lawful for any Constable or Churchwarden, that shall have any Suit or Action brought against them for any distress, by them or any of them to be taken by force of this present Act, to plead the general Issue, and to give the special matter in evidence: Provided likewise that no person or persons whatsoever, shall be impeached by this Act, unless he be thereof questioned within six months after the offence committed. Provided further, that this Act shall not in any sort abridge or take away the authority of the Court Ecclesiastical. Anno primo JACOBI REGIS. CAP. XXII. The duty of Shoemakers. NO Cordwainer or Shoemaker shall show, to the intent to No Shoemaker shall make, show, or put to sale, any Wares upon the Lordsday, upon pain of 3. s. 4. d. for every time, and the value of the aware 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, showed, 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 LORDSDAY. FOrasmuch as the Lordsday, 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 manifest the 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 All Laws enacted and in force concerning the observation of the Lordsday 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 Lordsday, be carefully put in execution; and that all and singular person and persons whatsoever, shall on every Lordsday, apply themselves to the sanctification of the same, That all persons apply themselves to the Sanctification of the Lords day both in public 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, 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, None to travel upon forfeiture of ten shillings for every offence. None to work, or carry burdens, upon forfeiture of five shillings for every offence. travel, carry burdens, or do any worldly labours, or work whatsoever, 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 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 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 Lordsday, 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 sieve shillings for every such offence. And be it further ordained, that all and singular person and Those that have the government of children under the age of 14. years shall forfeit 12. pence for every of the said offences. All Maypoles to be taken down, and no more to be erected. persons, that have the care, government, tuition 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 Lordsday 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 The Officers for their neglect to forfeit 5. s. for every week. 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 A Justice of the peace of the County, Major, or chief Officer of any corporate Town, upon view, confession, or proof of one, or more witnesses upon oath, shall give warrant to the Constable or Church▪ Wardens of the Parish to levy the said penalties by distress. chief Officer or Officers, or any Justice of the Peace, of, or within any City, Borough, or Town-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 authorized 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 leavy 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, Major, 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 The King's Declarations concerning Wakes, and recreations, and concerning lawful sports to be used; and all other books and pamphlets against the morality of the 4. Commandment, to be burnt publicly. 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 Meat to be dressed in a moderate way for present necessity. 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 and selling of And milk to be sold according to the hours appointed. 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 Major of the City of London, and all Justices of Peace, Constables, Churchwardens, and other Officers and Ministers whatsoever, All Laws against Rogues and Vagabonds to be put in due execution, and care to be taken that they repair to some Church or Chapel every Sabbath-day, there to remain during the time of Divine-worship. 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 Chapels, before the Sermon in the morning, on some Lards-day before the first of May next, on the South side of Trent, before the first of June next, on the North side of Trent. Die Sabbathi, 6. April. 1644. ORdered by the Lords and Commons assembled in Parliament, That this Ordinance be printed and published, and read in all Churches & Chapels, before the Sermon in the morning, on some Lordsday before May 1. next, on the South side of Trent; & before Jun. 1. next on the North side of Trent. Hen. Elsing, Cler. Parl. D. Com. Anno vicesimo primo JACOBI REGIS. CAP. XX. None shall profanely swear or curse. FOrasmuch as all profane swearing & 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 profanely 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, Bailiff, 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 profane 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 distress. In defect of distress, the offender (if above twelve years of age) shall be set in the stocks 3. hours. If under 12, years, and shall not forthwith pay the said 12. d. he shall be whipped 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 sum of twelve pence. And it shall also be lawful for the Constable, Churchwardens, and Overseers of the poor of that Parish, by warrant from such justice of Peace, or head Officer, to levy the same sum and sums of money, by distress, and sale of the offender's goods, rendering to the party the overplus. And in defect of such distress, the offender, if he or she be above the age of 12. years, shall by warrant from such Justice of the Peace, or head Officer, be set in the Stocks by three whole hours; but if the offender be under the age of twelve years, and shall not forthwith pay the sum 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 general 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 general Issue, and give the special matter in evidence to the Jury at the trial. And if it be found against the Plaintiff, or that the Plaintiff be nonsuit, And have good costs the Defendant or Defendants shall be allowed good Costs, to be taxed by the Court. Provided nevertheless, that every offence against this Law, Every offence shall be complained of, and proved within twenty days. Thsi Act shall be read in every church upon the Lordsday, twice every year. shall be complained of, and proved, as abovesaid, within twenty days 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 year. Anno primo JACOBI REGIS. CAP. IX. Several Penalties of Alehouse-keepers, for their several Offences. Whereas the ancient, true and principal use of Inns, Alehouses The true and principal use of Inns, Alehouses, and other Victualling-houses. and Victualling-houses, was for the receipt, 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 Majesty, and the Lords and Commons in this present Parliament assembled, and by the authority of the same, that if after forty day's next ensuing after the end of this present Session of Parliament, any Innkeeper, Victualler or Alehousekeeper 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 Inn, Alehouse, or Tippling-house, is or shall be to remain & continue drinking or tippling in the said Inn, Victualling house, Tippling-house, or Alehouse, other than such as shall be invited by any Traveller, & shall accompany him during his necessary abode there: and other then Labouring and Handicraftsmen, in Cities and Towns Corporate, and Market Towns, upon the usual working days, for one hour at dinner time, to take their diet in an Alehouse: and other than Labourers and Workmen, which for the following of their work by the day or by the If an Alehousekeeper suffer a dweller of the Town or Village where the Inn, or Alehouse 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 witness is to be taken. If he sell less than an Ale-quart of the best Bear or Ale for a penny, 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 distress, great in any City, Town Corporate, Market Town or Village, shall for the time of their said continuing in work there, sojourn, lodge, or victual in any Inn, Alehouse, or other Victualling-house, other then for urgent and necessary occasions, to be allowed by two Justices of Peace, That then every such Innkeeper, Victualler, or Alehousekeeper, shall for every such offence forfeit and lose the sum 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, Bailiff or Justice of Peace within their several limits, or proved by the oath of two witnesses, to be taken before any Major, Bailiff or any other head Officer, or any one or more Justice or Justices of the Peace, who by virtue of this Act, shall be authorized to minister the said oath to any person or persons that can or will justify the same, being within the limits of their said Commission. And be it further enacted by the authority aforesaid, That if any Innkeeper, Alehousekeeper or Victualler, shall at any time utter or sell less than one full Ale quart of the best Beer or Ale for a penny, and of the small two quarts for one penny, That then every such Innkeeper, Alehousekeeper or Victualler, shall forfeit for every such offence being duly proved in manner above limited, the sum of twenty shillings of lawful money of England, to the use abovesaid, All and every the said penalties to be levied by the Constables or Churchwardens of the Parish or Parishes where the offence or offences shall be committed, by way of distress to be taken and detained for the said forfeitures, and for default of satisfaction within six days next ensuring, the same then to be presenlty apprised and sold, and the surplusage or remainder over and above to be delivered to And for want of distress, the offender to be committed to the common gaol, till he pay the penalty. the party, of whom the distress was taken, and for want of sufficient distress, the party or parties offending, to be by the Major, Bailiff, other head Officer, or Justice or Justice's aforesaid, committed to the common Gaol, there to remain until the said penalty or penalties be truly paid. And be it further enacted by the authority aforesaid, That if the Constables or Churchwardens do neglect their duty in levying, or do not levy the said several penalties, or in default of distress or distresses, from time to time, do neglect to certify the same default of distress, by the space of twenty days then next ensuing, to the Major, Bailiff, or other head Officer, or Justice of Peace within whose Jurisdiction the offence is committed: Then every person and persons so offending, shall forfeit for every such default, the sum of forty shillings of currant If the Constables or churchwardens neglect to levy, or to certify the default of distress by twenty days, they shall forfeit for every default 40. s. money of England, to the use of the poor of the Parish where such offence shall be committed, to be levied by way of distress of the offender's goods, by warrant from any one or more Justice or Justices of Peace, Major, Bailiff, or other head Officers within the limits of their Jurisdictions respectively, under his or their hand and seal, to be taken and detained for the said forfeitures, for the space of six days then next ensuing, Within which time if payment be not made, the same goods to be presently apprised and fold▪ and the surplusage and remainder over and above (if any be) to be delivered to the party of whom the distress was taken: And for want of such sufficient distress, the Constables, Churchwarden or Churchwardens so offending, to be by the Major, Bailiff, or other head Officer, Justice or Justices of Peace, committed to the common Gaol, there to remain until the said penalty or penalties be truly paid: for all For all which levies the Constables or Churchwardens shall be accountable to their Successors and other the Parishioners. which penalties, which so shall be levied by the said Constables or Churchwardens, they the said Constables and Churchwardens, shall be accountable to their successors and other the parishioners, in such sort as they usually be in other Church reckon or accounts. And for all forfeitures to be levied by reason of any neglect of the Constables or Churchwardens, those shall be accountable, who by force of any Warrant or Precept do levy the same, or upon the enlargement of persons committed, do receive the same. And be it further enacted, That all other Laws and Statutes touching Innkeepers, Victuallers, and Ale-house-keepers, shall still remain in their former force, and be put in due execution. This Act to continue to the end of the first Session of the next Parliament. Provided always, and be it enacted by the authority of this The punishment of offenders against this Law in either of the Universities, to be ministered by the Governors, Magistrates, Justices of the Peace, or other principal Officers of the same. And that all penalties and sums of money forfeit and lost by force of this Act within the said universities, shallbe levied by the Officers and Ministers of the same, as shall he appointed by the Vicechancellors for the time being. And that the said Governors, Magistrates and principal Officers shall have the like power and authority to imprison or otherwise, as in this Act is before appointed. present Parliament, that the correction and punishment of such as shall offend against this Act or any part thereof within either of the two Universities of this Realm, or the Precincts or Liberties of the same, shall be done upon the offenders, and Justice shall be ministered in this behalf, according to the intent and true meaning of this Law, by the Governors, Magistrates, Justices of the Peace or other principal Officers of either of the same Universities, to whom in other cases the administration of Justice, and correction, and punishment of offenders by the Laws of this Realm and their several Charters doth belong or appertain, and that no other within their Liberties for any matter concerning this Law contrary to their several Charters, do intermeddle, and that all penalties and sums of money to be forfeited or lost by force of this Act, within either of the Universities, or the Liberties or Precincts of the same, shall be levied by the Officers or Ministers of either of the said Universities, to be from time to time in that behalf appointed by the vicechancellors thereof for the time being respectively, And that all powers and authorities either of imprisonment or otherwise, before given or appointed by this Act, shall by the Governors, Magistrates and principal Officers abovesaid of either of the Universities, be duly executed and done within either of the said Universities, and the Liberties and Precincts of the same, according to the true intent and meaning of this Act. 21. Jac. 7. made perpetual. Anno quarto JACOBI REGIS. CAP. V The Penalty of a Drunkard, and of him that continueth drinking in an Alehouse. Whereas the loathsome and odious sin of Drunkenness is Drunkenness the root and foundation of all other abominations. of late grown into common use within this Realm, being the root and foundation of many other enormous sins, as Bloodshed, Stabbing, Murder, Swearing, Fornication, Adultery, and such like, to the great dishonour of God, and of our Nation, the overthrow of many good Arts and munuall Trades, the disabling of divers Workmen, and the general impoverishing of many good Subjects, abusively wasting the good creatures of God: Be it therefore enacted by the Kings most excellent Majesty, the Lords and Commons in this present Parliament assembled, and by the authority of the same, That all and every person or persons, which after forty day's next following the end of this present Session of Parliament, shall be drunk, and of the same offence of drunkenness shall be lawfully convicted, shall for every such offence forfeit and lose five shillings of lawful Every one convicted of drunkenness shall for every 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 Churchwardens of that Parish where the offence shall be committed, who shall be accountable 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, than the And for default of payment to be levied of the offender's 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 sum 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 inferior 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, Bailiff, other head Officer, or Justices of the Peace within their several Limits, do neglect the due correction of the said offender, or the due levying of the said penalties, where distress may be had, Then every person so offending, shall forfeit the sum of ten If the Constable neglect the due correction, or levying, (where distress may be had) he shall forfeit 10. s. to the poor, to be levied by distress 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 distress by any other person or persons, having Warrant from any Major, Bailiff, 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 account 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 tippling in any Inn, Victualling-house, or Alehouse, 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 tippling, And the same being viewed and seen by any Major, or other head Officer, Justice or Justices of Peace within their several 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, entitled, An Act to restrain the inordinate haunting and tippling in Inns, Alehouses, and other Victualling-houses, unless 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 sum of three shillings 3. 8. 4. d. for every offence of continuing drinking in an Alehouse 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 distress, 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, Than it shall and may be lawful for any Major, Bailiff, 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 Drunkenness and of excess 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 Assize, 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 Assizes 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 inquire 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 Drunkenness, shall after that be again lawfully convicted of the like offence of Drunkenness, That then every person or persons so secondly convicted of the said offence of Drunkenness, shall be bounden with two Sureties to our Sovereign The offender upon second conviction shall be bound with two sureties to be of good behaviour. Lord the King's Majesty, 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 several Oaths, incident to their several Offices, be charged in like sort to present the offences contrary to this Statute. Provided always, That this Act or any thing therein contained▪ do not in any wise abridge or restrain the Ecclesiastical No restraint of Ecclesiastical Jurisdiction. power or Jurisdiction, but that all Ordinaries, and other Ecclesiastical Judges and Officers shall and may proceed to inquire of, censure, and punish all such offenders, according to the Ecclesiastical 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, 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 prejudicial to either of the two Universities of this Land, But that the Chancellor, Masters and Scholars, and the Successors of them, and either of them may as fully use and enjoy all their Jurisdictions, Rights, Privileges, 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 months▪ impeached, or molested for any offence mentioned in this Statute, unless he shall be for the same offence presented, indicted, or convicted within six months after such offence committed. This Act to continue until the end of the first Session of the next Parliament. 21. Jac. 7. made perpetual. 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. Whereas notwithstanding all former Laws and Provisions already made, the inordinate and extreme vice of excessive Drinking and Drunkenness doth more and more abound, to the great offence of Almighty God, and the wasteful destruction of God's good creatures: Be it enacted by the authority of The Alehousekeeper upon conviction for any offence against the Statutes of 1. Jac. 9 or 4. Jac. 5. shall for 3. year's next after such conviction be disabled to keep any Alehouse. 21. Jac. 7. this present Parliament, That if any person being an Alehousekeeper (after six week's 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 since the beginning of this present Parliament, the one entitled, An Act to restrain the inordinate haunting and tippling in Inns, Alehouses, and other Victualling-houses: the other entitled, An Act against the odious and loathsome sin of Drunkenness, That then every person or persons so convicted, shall for the space of three years next ensuing the said conviction, be utterly disabled to keep any such Alehouse. Anno vicesimo primo JACOBI REGIS. CAP. VII. The Statutes of 1. Jac. 9 and 4. Jac. 5. made perpetual. One witness shall be sufficient to convince a man of Tippling or Drunkenness. Whereas one Statute entitled, An Act to restrain the inordinate haunting or tippling in Inns, Alehouses, and other Victualling-houses, made in the first year of his Highness▪ happy reign of England, And another Statute, entitled, An Act to repress the odious and loathsome sin of Drunkenness, made in the fourth year of his Highness' reign of England, were 1. Jac. 9 & 4. Jac. 5. With the alterations and additions hereafter expressed, made perpetual. Where by those Statutes proof of 2. witnesses was required. It is enacted, That one witness 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 witness 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 stays tippling in an Inn or Alehouse (wheresoever he dwells) shall be within the said Statutes, as if he dwelled within the City or Town where the Inn or Alehouse is. or proof of one witness, to be tippling in any Inn, Alehouse, 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 dwelled in the City, Town Corporate, Market Town, Village or Hamlet, where the said Inn, Alehouse or Victualling-house is, or shall be, where he or they shall be so found tippling, and shall incur 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 witness upon oath before him, shall have power to convince any person of drunkenness, whereby 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 Alehouse keeper be convict for any offence against the branches of either of the said two former Statutes, or against this Statute, he shallbe disabled to keep any Alehouse 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 witness upon Oath before him, which he by virtue of this Act shall have power to administer, to convince any person of the offence of Drunkenness, whereby such person so convict, shall incur 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 year of his Majesty's reign, to the contrary notwithstanding. And be it further enacted, That if any person being an Alehousekeeper, or that shall at any time hereafter be an Alehousekeeper, shall at any time hereafter 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 years, next ensuing the said conviction, be utterly disabled to keep any such Alehouse. And whereas in the said Statute, made in the fourth year of his said Majesties reign, entitled, An Act to repress the odious Constables, Churchwardens, Head Boroughs, Tithingmen Ale-cunners, and Sidemen, 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 Drunkenness, 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 year of his Highness' reign, entitled, An Act to restrain the inordinate haunting and tippling in Inns and Alehouses, and other Victualling-houses, with the alterations and additions in this Act contained, made in the said fourth year of his said Majesty's reign according to the alterations and additions of the same, in this Act expressed, Stat. 1. Car. 4. Anno primo CAROLI REGIS. CAP. IV. Foreigners as well as Inhabitants shall not be permitted to tipple in Inns, Alehouses, etc. Whereas 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 witness, to be tippling in any Inn, Alehouse, or Victualling-house; such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late King's Majesties reign, King James of famous memory: The one entitled, An Every Alehouse keeper that shall suffer any person or persons not dwelling in the city or town where the Alehouse 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 tippling in Inns, Alehouses, and other Victualling-houses: And the other entitled, An Act to repress the odious and loathsome sin of Drunkenness, as if he or they had inhabited and dwelled in the City, Town Corporate, Market Town, Village or Hamlet, where the Inn, Alehouse, or Victualling-house was, or should be, where he or they should be so found tippling, should incur 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 Innkeeper, Alehousekeeper, or Victualler, that permits, or suffers such person or persons not there inhabiting, to tipple in his Inn, Alehouse, or Victualling-house: For remedy whereof, Be it enacted, That every Innkeeper, Alehousekeeper, 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 Inn, Alehouse, or Victualling-house is or shall be, to tipple in the said Inn, Alehouse or Victualling-house, contrary to the true intent of any, or either of the said former Statutes, the said Innkeeper, Alehouse keeper and Victualler so offending, shall incur the same penalty, and in such manner to be proved, levied and disposed, as in the former Statute of the first year of his said late Majesty's reign, 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 Inns or Vicavalling 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 Commonwealth of this Realm, daily do grow and increase through such abuses and disorders, as are had and used in common Alehouses, and other houses called tippling-houses: It is therefore enacted by the King our Sovereign 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 virtue 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 Alehouses, and tippling 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 coming, shall be admitted or suffered to keep any common Alehouse, or tippling 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 Alehouse, or tippling-house, as well for, and against the using of unlawful 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 certify the same Recognisance at the next quarter Sessions of the Peace, to be holden within the same Shire, City, Borough, Town Corporate, Franchise or Liberty where such Alehouse or tippling 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 sum 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 recognizance. 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 Alehouse, or tippling 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 Process against every such person so presented, or complained upon before them, to show 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 Alehouse. 3 Car. 3. any person or persons, other than such as shall be hereafter admitted & allowed by the said Justices, shall after the said first day of May, obstinately, and upon his own authority take upon him or them to keep a common Alehouse, or tippling 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 Gaol within the said Shire, City, Borough, Town Corporate, Franchise, or Liberty, there to remain without bail or mainprize, 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 Alehouse, tippling 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 assess the fine for every such offence at twenty shillings. Provided always, that in any such Towns and places where any Fair or Fairs shall be kept, that for the time only of the The fine of those which keep Alehouse without Licence. same Fair or Fairs, it shall be lawful for every person and persons, to use common selling of Ale or Beer in Booths, or other places there, for the relief of the King's 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 Alehouse without Licence. Whereas by an Act made in the fifth year of the reign of King Eward the sixth of famous memory entitled, An Act for keepers of Alehouses to be bound by Recognizance, amongst other things, it is enacted, That if any person or persons, other than such as should be from thenceforth admitted and allowed by the Justices mentioned in the said Act, should Every person obstinately keeping an Alehouse or Tippling-house contrary to the commandment of the Justices to be committed to prison for the space of three days, there to remain without Bail or mainprize. 5. & 6. Exd. 6. 25. after the day in the said Act limited, obstinately, and upon his own authority, take upon him or them to keep a common Alehouse, or Tippling 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 Gaol within the Shire, City, Borough, Town Corporate, Franchise or Liberty, there to remain without Bail or Mainprize, by the space of three days: 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 Alehouse, Tippling 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 Certificate 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 Certificate, 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, assess 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 seldom levied, and for that many of the said offenders, by reason of their poverty, are neither able to pay the said Fine of twenty shillings, nor yet to bear their own charges of conveying them to the Gaol; 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 Licence shall for every offence lose 20. s to the poor. day's 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 Alehouse, or Tippling-house, or use commonly selling of Ale, Beer, Cider, or Perry, That then every such person or persons shall for every such offence forfeit and lose the sum 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, Bailiff, or Justice of Peace, or other head Officer, within the several limits, or confessed by the party so offending, or proved by the oath of two witnesses, to be taken before any Mayor, Bailiff, or other head Officer, or any one or more Justice or Justices of the Peace, who by virtue of this Act shall be authorised to minister the said Oath to any person or persons that can or will justify the same, being within the limits of their said Commission; Upon conviction the penalty is to be levied by the Constables or Churchwardens for the poor by way of distress upon warrant from the Mavor or Justice. The said penalty to be levied by the Constables or Churchwardens 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 distress, to be taken and detained by Warrant or Precept, from the said Mayor, Bailiff, 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 days next ensuing, the said distress to be by the said Constables or Churchwardens 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 distress or not payment of the said 20, shillings within six days 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 levied by way of distress as aforesaid, or shall not pay the said sum of twenty shillings, within six days after such conviction as aforesaid, That then the said Mayor, Bailiff, 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 Gaol until 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 lawful for the said Mayor, Bailiff, 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 Gaol of the said County, City, or Town Corporate, there to remain without Bail or Mainprize, until 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 until he or they so neglecting or refusing, shall have paid the sum of forty shillings of lawful Upon the second offence and conviction of an unlicensed alehousekeeper, he or she shall be committed to the house of correction, till by order of the Justices in their general 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 Alehousekeeper, 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, Bailiff, 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 month, and be dealt withal 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 until by the order of the Justices in their general Sessions for the County, City, Borough, or Franchise, he, she, or they shall be delivered from thence. Provided always, 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 virtue 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 virtue 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 virtue of this present Act, nor any thing therein contained. Provided always, that in such towns and places, where any That during the time of Fairs only any person may sell ale or beer. Fair or Fairs shall be kept, that for the time only of the same Fair or Fairs, it shall be lawful for every person or persons to use common selling of Ale or Beer in Booths or other places there, for the relief of the King's 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. IU. In what case only Ale or Beer may be sold to an Alehousekeeper having no Licence. FOr the better repressing of Alehouses, whereof the multitudes None shall sell or deliver Beer or Ale to any person that shall sell it as a common tippler or Alehouse keeper, not having any licence then in force to sell Ale, and Beer, upon pain of six shillings eight pence for every barrel, so sold or delivered. and abuses have been and are found intolerable, and still 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 ways or means, directly or indirectly, shall at any time after three month's 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 Alehousekeeper, the same person not having any Licenee then in force to sell Ale or Beer, other then for the convenient use and expense of his, her, or their household only, upon pain to forfeit for every barrel sold, uttered or delivered contrary to the form and true meaning of this Act, the sum 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 poor 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 moiety of all forfeitures shall be to the poor, and the other half to him that will sue for the same. truly employed, and bestowed upon them, according to the true meaning of this Act, be it further enacted, That the Sheriff, Bailiff, or other Officer, or person that shall levy or receive any sum or sums of money forfeited and recovered according to the true meaning of this Act, shall and may by virtue of this Act, without further warrant, deliver the one half of the same sum and sums of money, by him or them so levied or received, to some one or more of the Churchwardens and Overseers of the poor 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 virtue of this Act to distribute and bestow the same accordingly. And be it further enacted, That every Sheriff, Bailiff, and The person that shall 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 moiety, 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 thereof. other officer and person which shall levy or receive any such forfeiture or forfeitures aforesaid, and shall pay over the moiety and one half thereof, according to the true meaning of this Act, shall be thereof discharged against the King's Majesty, his heirs and successors. And be it further enacted, That if any Sheriff, Baylisse, or other Officer or person shall refuse to pay over the moiety and one half of the said money by him or them levied or received, or that the said Churchwardens and Overseers, to whom the said money 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 employed as aforesaid. Anno tricesimo tertio HENRICI octavi. CAP. IX. Artillery shall be maintained, and unlawful 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, etc. 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 john Baptist now next coming, 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 prohibit by any statute heretofore made, or any unlawful new game now invented or made, or any other new unlawful 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 plays, 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 statute, forty shillings. And also every person, using and haunting any of the said houses and plays, 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 void. 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. Until the keepers of such house & plays have found sureties to be bound, no longer to keep or use such house or plays. 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 statute, 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 recognizance in the Chancery in a certain sum, to be appointed by the discretion of the Lord Chancellor of England, that he shall not use the said placard contrary to the form thereof. Be it further enacted by the authority aforesaid, that it shall be lawful to all and every the Justices of Peace in every Shire, Mayors, Sheriffs, Bailiffs, 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 statute, and as well the keepers of the same, as also the persons there haunting, 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 plays and games, have found sureties to the King's use, to be bound by recognizance 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 Majors and head Officers shall search weekly or once a month where any such houses or plays 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, Mariners, Fishermen, Watermen or any servingman shall play at Tables, Tennis, dice Cards, Bowls, Clash, Coyting, etc. Out of Christmas, under pain of 40. s. for every time. And in Christmas to play in their Master's houses or in their master's 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, Majors, etc. finding or knowing any such offenders shall commit them to ward, till they be bound from using such unlawful games. sureties, by the discretion of the Justices, Mayors, Sheriffs, Bailiffs, 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, Sheriffs, Bailiffs, Constables and other head Officers, within every City, Borough, or Town, within this Realm, 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 month, in all places where any such houses, allies, plays, or places shall be suspected to be had, kept, and maintained. And if the said Mayors, Sheriffs, Bailiffs, Constables, and other head Officers within their Cities, Boroughs, and Towns, as well within franchises as without do not make due search at the furthest once every month, 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, Sheriffs, Bailiffs, Constable, or other head Officer, to pay and forfeit for every month, 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, bowls, clash, coyting, logating, or any other unlawful 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 Master's houses, or in their Master's presence. And also that no manner of person shall at any time play at any bowl or bowls in open places out of his garden or orchard, under the pain for every time so offending to forfeit vi. s. viij. d. And that all Justices of Peace, Mayor, Bailiffs, Sheriffs, and all other head Officers, and every of them, finding or knowing any manner person or persons, using or exercising any unlawful games contrary to this present Statute, shall have full power and authority to commit every such offender to Ward, there to remain without bail or mainprize, until such time that they so offending, be bounden by obligation to the King's use, in such sums of money, as by the discretion of the said Justices, Majors, Bailiffs, or other head Officers, shall be thought reasonable, that they or any of them shall not from henceforth use such unlawful games. Be it further enacted by the authority aforesaid, that all other All suits upon this Statute shall be within the year after the offence. statutes made for the restraint of unlawful 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 year 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 moiety thereof, and the other to him that will sue for the same in any the King's Courts. within the Precinct of any Franchise, Leet or Lawday, than the Lord of the same Franchise, Leet, or Lawday, to have the one moiety thereof, and the other moiety thereof to any of the King's Subjects that will sue for the same, in any of the King's 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 moiety of all such forfeitures shall be to the King our Sovereign Lord, and the other moiety thereof to And where such forfeiture shall be out of any Franchise, the moiety shall be to the King, and the other to him that will sue. That all Majors, Sheriffs, and other head Officers shall once every quarter make Proclamation of this Act in every Market within their jurisdictions. That the Justices of Gaol delivery, Assizes, and Justices of peace, do cause the same to be proclaimed in their Circuit and Sessions. any the King's Subjects that will sue for the same, by bill, plaint, action, information, or otherwise, in any of the King's Courts, in which suit or action the Defendant shall not be admitted to wage his Law, nor any protection or essoine shall be allowed. And to the intent that every person may have knowledge of this Act, and avoid the danger and penalties of the same, be it enacted by the authority aforesaid, that all Majors, Bailiffs, Sheriffs, and all other head Officers, shall four times in the year, that is to say, every quarter once, make open Proclamation of this present Act, in every market to be holden within their several jurisdictions and authorities. And also that the Justices of Gaole-delivery, Assizes, and Justices of Peace, do cause the same to be Proclaimed in their several circuits and sessions before them holden, and that this Statute shall begin to take his effect, concerning the penalties of the same, from the said Feast of S. John Baptist now next coming, and to continue and endure for ever. Provided always, and be it enacted by the authority aforesaid, that if any person or persons having taken by lease, whether it be by word, writing, or otherwise, any house, alley, or place wherein any such unlawful game now is, and at the time of such lease made, was used, that then every such Lessee shall at the liberty of him or them, to whom such lease is made, their executors, administrators, or assigns, from the said Feast of the nativity of S. John Baptist, be utterly void, except it be for breach of covenants or agreements, or payment of rent due, or to be due at the said Feast, or any time before, so that then at the same Feast, or within one month next after the same, the said Lessee give knowledge to such Lessor or Lessors, their heirs and assigns, that he will no longer occupy the same, and that then it shall be lawful for the inheritor, lessor or owner thereof, or to his heirs or assigns in the same house, alley, or place to re-enter. Provided also, and be it enacted by the authority aforesaid, Every Master may licence his servant to play at Cards, Dice or Tables with their master or other gentlemen in his house, or presence. that it shallbe lawful for every Master to licence his, or their servants to play at Cards, Dice, or Tables with their said Master or with any other Gentleman, repairing to their said Master, openly in his or their house, or in his or their presence, according to his or their discretion. And that it shall be lawful to every such servant, for every time so being commanded or licenced by his said Master, as is aforesaid, to play at Cards, Dice, or Tables with his said Master or other Gentleman, so to him repairing, any thing in this Act to the contrary notwithstanding. Provided also, and be it enacted by the authority aforesaid, Leases of houses where unlawful games be used. The servant by Litense may play with his Master. that it be lawful to every Nobleman, and other having Manors, Lands, Tenements, or other yearly profits, for term of life in his own right, or in his wives right, to the yearly value of a hundred pound, or above, to command, appoint, or licence by his or their discretion, his or their servants, or family of his or their house or houses, for to play within the precinct of his or In what cases servants may play at Dice, Cards, tables, Bowls or Tennis. their houses, gardens, or orchards, at Cards, Dice, Tables, Bowls or Tennis, as well amongst themselves as other repairing to the same house or houses. And that they so playing by commandment, appointment or licence, as is aforesaid, shall not incur any danger, or penalty contained in this Act for the same, this Act or any thing therein contained to the contrary thereof in any wise notwithstanding. Anno secundo & tertio Philippi & Mariae. CAP. IX. All Licences to keep houses for unlawful Games shall be void. MOst humbly beseecheth the Queen's most excellent Highness your loving and obedient Subjects, the Commons in this your present Parliament assembled, that where by reason of divers sundry licences heretofore granted to divers persons, as well within the City of London, and the Suburbs of the same, as also in divers other places within your Highness' Realm, for the having, maintaining, and keeping of houses, gardens and places for bowling, tennis, dicing, white and black, making and marring, and other unlawful games prohibited by the Laws and Statutes of this Realm, divers and many unlawful The inconveniences of permitting houses for unlawful games. assemblies, conventicles, seditions, and conspiracies, have and been daily secretly practised by idle and mis-ruled persons, repairing to such places, of the which, robberies, and other misdemeanours have ensued, to the breach of your Highness' peace: For remedy whereof, it may please your Highness, that it may be enacted by your Highness, the Lords and Commons in this present Parliament assembled, that from & after the Feast of the birth of our Lord God next coming, every licence, placard, or grant, made toany person or persons, for the having, maintnance, or keeping of any bowling-allies, dicing-houses, or other unlawful games, prohibited by the Laws and Statutes of this Realm, shall be from the said Feast utterly void, and of none effect. All licences to keep such houses shall be void. Statute 33. H. 8. 9 An Ordinance of the Lords and Commons in Parliament assembled: For the better observation of the Monthly Fast. 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 The Fast commanded to be kept by the King's Proclamation of the 8. of January 1641. by his Proclamation of the 8. of January 1641. appoint that the same should be generally, publicly, and 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 Chapels, 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 straight This Fast to continue during the troubles of Ireland on the last Wednesday of every month. 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 irreligous, ill-affected, lose, 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 days a cause to provoke the wrath of Almighty God against us. The ministers of every Parish to give public notice to the people on the next Lord's day before the day of Fast, and to persuade the people to a solemn and religious observation of the whole day. 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 Chapels, shall give public notice in every of the said Cathedrals, Collegiate, Parish Churches, or Chapels respectively, of the Fast day next ensuing, immediately after Sermon, or prayer ended in the forenoon, before the Congregation be dismisled, earnestly exhorting and persuading all the people to the solemn 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 forborn 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 extreme necessity till the public exercises be past and over. 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 other using any Art, Trade, Mystery or manual occupation whatsoever, and that all Vintners, Taverners, Ale housekeepers, and keepers of Victualling-houses, do forbear to keep open their doors, Bulks, or Shops, or to sell or utter (except in cases of extreme necessity) any Wine, Bear. Ale, or Victual, till the public exercises and religious duties of that day in the respective Cathedrals, Collegiate, Parish Churches and Chapels be past and over. And lastly, all and every the Justices of the Peace, Mayor, That the Justices of the Peace, Mayor, Baylists', Constables, and Churchwardens within their several limits take special notice of all persons both ministers and others that shall neglect or contemn the same, and return their names & offences to some of the Knight's Citizens or Burgesses that serve for the County where such offence is committed. Bailiffs, Constables, Churchwardens, and other Officers inhabiting or residing within the limits or percincts of any such Cathedral, Collegiate, Parish Church, or Chapel, are hereby required to take special 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 Chapels, 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 Fastday 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 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. 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. Elsing Cler. Parl. D. Com. Whereas the Lords and Commons 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 The Constables or their deputies shall the day before every public fast repair 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 public Fast, repair to every house within their several 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 And they shall upon the said days search diligently for all offences. thorough their said Liberties, diligently searching 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 ways shall not duly observe the same, and they And return the names of the offenders to the Committee for examinations. 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 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 public Fast shall be kept, without expecting any further Order. H. Elsing 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. Sovereign Lord the King in the Office of a Constable: you shall see and cause his Majesty's 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 Majesty's Peace: you shall do your best endeavour (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 levy Hue and Cry, and shall pursue them until they be taken: you shall do your best endeavour that the Watch in and about your Town be duly kept for the apprehending of Rogues, Vagabonds, Nightwalkers, Eavesdroppers, Scouts, such as go armed, and the like; and that Hue and Cries be duly raised and pursued according to the Statute of Winchester against Murderers, Thiefs, 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 watchful eye to such persons as shall maintain or keep any common house or place where any unlawful game is or shall be used; as also to such as shall frequent or use such places, or shall use or exercise any unlawful games there, or elsewhere contrary to the Statutes. At your Assizes, 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 haunting or tippling in Inns, Alehouses, and other Victualling houses, and for repressing of drunkenness: you shall there likewise true presentment make of all Bloodsheddings, Affrays, Out-cries, Rescous, and other offences committed or done against the King's Majesty's Peace, within your Limits: and you shall have a care for the maintenance of Archery 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.