AN ACT FOR THE Better Observation OF THE LORDSDAY.  
At the Parliament begun at Westminster, the seventeenth day of Septemb. An. Dom. 1656.  
Reprinted at Aberden, by JAMES BROWN. 1657.   

AN ACT FOR THE BEtter Observation OF THE LORDSDAY.  
FOrasmuch as God hath appointed one Day in seven to be kept holy unto himself, and that in order thereunto man should abstain from the works of his ordinary Calling, and hath entrusted the Magistrate amongst others, to take care thereof within his Gates; And whereas it is found by daily experience, that the First day of the week (being the Lord's Day, and since the Resurrection of Christ to be acknowledged the Christian Sabbath) is frequently neglected and profaned to the dishonour of Christ, and Profession of the Gospel; Therefore for the better observation of the said Day, and preventing in some measure such Profanation thereof for the future, Be it enacted by his Highness the Lord Protector, and the Parliament of the Commonwealth of England, Scotland & Ireland, and the Dominions thereunto belonging, that whatsoever person or persons within this Commonwealth shall be found guilty according to this Act, of doing & committing the Offences hereafter mentioned upon the said Lords Day, that is to say, Betwixt Twelve of the Clock on Saturday night, and Twelve of the Clock Lordsday night, shall be adjudged, deemed and taken to be guilty of profaning the Lordsday; That is to say, Every person being a Waggoner, Carrier, Butcher, Higler, Drover, or any of their servants travelling or coming by Land or Water, into his or their Inn, House or Lodging within the times aforesaid; And every Innkeeper, Victualler, or Alehouse Keeper, who shall lodge and entertain any such Waggoner, C●rrier, Butcher, Higle● Drover, or their servants, coming & travelling as aforesaid; Every person using or employing any Boat, Wherry, Lighter, Barge, Horse, Coach or Sedan, or travelling or labouring with any of them upon the Day aforesaid (except it be to and from some place for the service of God, or except in case of necessity to be allowed by some justice of the Peace) Every person being in any Tavern, Inn, Alehouse, Uictualing house, Strongwater-house, Tobaco-house, Cellar or Shop, (not lodging there, nor upon urgent necessity, to be allowed by a justice of Peace) or fetching or sending for any Wine, Ale or Beer, Tobacco, Strong-water, or other strong Liquor unnecessarly, and to Tipple within any other House or Shaped; And the Keepers or Owners of every such Houses, Cellars or Shope-keeping or causing to be kept their Doors ordinarily & usually open upon the Day aforesaid; Every person Dancing, or prophanly Singing or Playing upon Musical Instruments, or Tippling in any such Houses, Cellars or Shops, or elsewhere upon the Day aforesaid, or harbouring or entertaining the persons so offending; Every person Grinding or causing to be ground any Corn or Grain in any Miln, or causing any Fulling or other Mills to work upon the Day aforesaid; Add every person working in the Washing, Whiting or Drying of Clothes, Thread or Yarn, or causing such Work to be done upon the Day aforesaid; Every person setting up, burning or branding Beet, Truf or Earth, upon the Day aforesaid; Every person gathering of Rates, Loans, Taxations, or other Payments upon the Day aforesaid (Except to the use of the Poor in the Public Collections) Every Chandler melting or causing to be melted, Tallow or Wax belonging to his Calling; And every Common Brewer and Baker, Brewing and Baking, or causing Bread to be baked, or Beer or Ale to be brewed upon the Day aforesaid; And every Butcher killing any , and every Butcher, Costermonger, Poulterer, Herb-seller, Cordwayner, Shoemaker or other persons selling, exposing or offering to sell any their Wares or Commodities, and the persons buying such Wares or Commodities upon the Day aforesaid; All Tailors and other Tradesman, sitting or going to sit, or carry any wearing Apparel or other things. And Barbers Trimming upon the Day aforesaid; All persons-keeping, using or being present upon the Day aforesaid at any Fairs, Markets, Wakes Revels, Wrestle, Shooting, Leaping, Bowling, Ringing of Bells for pleasure, or upon any other occasion (saving for calling People together for the Public Worship) Feasts, Church-Ale, Maypoles, Gaming, Bear-beating Bull-baiting, or any other Sports and Pastimes; All persons unnecessarily walking in the Church or Church-Yards, or elsewhere in the time of Public Worship; And all persons vainly and profanely Walking on the Day aforesaid; And all persons Travelling carrying Burdens, or doing any worldly labours or work of their ordinary Calling on the Day aforesaid, shall be deemed guilty of profaning the Lordsday.  
And it is Enacted by the Authority aforesaid, That every person being of the age of Fourteen years or upwards, offending in any of the premises, and being convicted thereof by Confession, or the view of any Mayor, Head-Officer or justice of the Peace, or upon the Testimony of One or more Witnesses upon Oath, before any such Mayor, Head-Officer or justice of the peace in the County, City, Division or place where the Offence shall be committed (which Oath the said Mayor, justice of Peace or Head-Officer, shall and may administer) shall for every such Offence where-of he shall be so convicted, forfeit the Sum of Ten shillings: Besides which Forfeitures, all and every person and persons selling, exposing or offering to sell any Wares or Commodities upon the Day aforesaid, and in like manner duly convicted, shall have their Wares and Commodities so sold, exposed, or offered to be sold, seized and disposed of as is by this Act appointed.  
Provided, and it is hereby Enacted and Declared, That nothing in this Act contained, shall extend to the prohibiting the dressing of Meat in private Families, or the dressing or Sale of Victuals in a moderate way in Inns, Victualing-Houses, or Cooks Shops, for the use of such as cannot otherwise be provided for, or to the Crying or Selling of 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 yearly; Nor to hinder any other works of Piety, Necessity or Mercy, to be allowed by a justice of peace.  
And whereas many Navigable Rivers or Waters extend themselves into, or are the Bounds of more Counties than one, by reason whereof, some Doubts have been raised, whether the justices of the Peace of any County lying on the one side of such River have any, or how far they may have jurisdiction or power upon or over the same; Be it therefore enacted by the Authority aforesaid, That the justices of Peace of any such County, or the Constable or other Officers of any Parish, lying on either side of such River, shall have Power and are hereby authorised and required to put this Act in execution, for the apprehending and punishing of all Watermens, Bargemen, or other persons whatsoever, who shall on the said Day be found contrary to this Act, Travelling, Rowing, or Working in or with any Boat, Lighter, Barge, or other smaller Vessel on any part of such River, and the said Boats, Lighters, Barges & other Vessels, shall seize and stay, or cause to be seized and stayed until Twelve of the Clock of the said Night, and until the Penalties hereby inflicted on such Person or persons as shall be discovered to have offended therein be duly paid and satisfied to the Officer or Officers of that Town or Parish (on either side such River) as shall first discover and attempt the pursuing, seizing or staying thereof.  
And it is Enacted by the Authority aforesaid, That all Elections, Swearing and taking of place of Mayors, Sheriffs, Bailiffs, Aldermen, or other Officer whatsoever, to any City, Borough, Town-Corporate, or any other place within this Commonwealth, that after the First day of August next ensuing, by virtue or colour of any act of Parliament, Charter, Custom, Prescription or otherwise, should or might fall out to be upon a Lordsday, And all Commissions and Courts, which by means of any Adjournment or other cause; And all Returns of Writs which shall fall out to be upon any Lordsday as aforesaid, shall be, and are hereby authorized and required to be kept, had and done, sat upon, and executed upon the next day which shall ensue such Lordsday; And all Mayors, Recorders, Stewards, Town-Clerk, or other Officers or persons whatsoever, that have, or after the said First day of August next, shall have Power and Authority to Elect Swear, or give any Charge or Oath for taking any such Place, Oath or Office, or to keep any Courts, shall and may, and are hereby authorized and required to make such Elections, give such Oath & Charge, and take such Oaths, Places or Offices, or keep such Courts as abovesaid, upon the day next ensuing such Lordsday; And that all Customs, Rents and Services due to Lords of Manors, which by virtue of any Custom Prescription, or otherewise, are, or aught to be done performed and paid upon any Lordsday, shall after the said First day of August next, be done, performed and paid upon the day next following such Lordsday, and shall be as valid and effectual to all intents & purposes whatsoever, as if the same had been done upon the said Lordsday; And that all Rents, Some of Money, Covenants and Conditions, payable or performable upon any Lordsday, shall and may be paid and performed upon the day next ensuing such Lordsday, & that such Payment and performance thereof, shall be as good & effectual to the Law, to all intents and purposes, to save all Penalties, Re-entries or Forfeitures whatsoever, as if the same had been made and performed at or upon the day limited or appointed in or by any Bond, Lease, Covenant, Indenture or other Deed or Agreement whatsoever, Any Law, Usage or Custom to the contrary hereof notwithstanding: And that no Fair, Market, or Proclamation of any Fair or Market shall be had, made or used upon any Lordsday, but upon the day next ensuing; Nor shall any person or persons serve, or cause to be served, any Writ, Process, Warrant, Order, judgement or Decree (Except in causes of Treason, Felony, Breach of the Peace, & Profanation of the Lordsday) upon pain that every person and persons, Bodies Politic and Corporate, offending in any the particulars last mentioned, shall forfeit the Sum of Five pounds, to be recovered in Name of the Lord Protector, by Bill, Plaint, Writ or Action of Debt in any Court of Record, or upon Information or Indictment before the justices of the Peace in the open Sessions, who have hereby Power to hear and determine the same, and to be disposed; viz. One Moiety to the use of His Highness the Lord Protector, & the other moiety to the use of him or them that will sue or prosecute for the same; And that the service of every such Writ, Action, Process, Warrant, Order, judgement or Decree shallbe void to all intents and purposes whatsoever.  
And whereas many Fairs & Markets are kept upon saturdays and Moondays, whereby is often occasioned the profanation of the Lordsday, It is hereby Enacted by the Authority aforesaid, That all and every person and persons resorting to sell or buy Commodities in any such Fairs and Markets, shall in due time come to, & departed from the same, and strictly observe the Laws and Rules of the Markets, that the observation of the Lordsday may not thereby be violated, upon pain that every person travelling to or from such Fairs or Markets upon the Lordsday, and duly convicted as aforesaid, before one or more justices of the Peace, who have hereby power by their own view, confession of the parties, or the Oath of one or more Witnesses (which Oath they may administer) to bear and determine the same, shall forfeit for every offence the sum of Ten shillings.  
And to the end this Act may be duly observed and henceforth put in execution, Be it Enacted by the Authority aforesaid, That all and every Mayor, Head-Officers, and justices of Peace within their respective Counties, Limits and jurisdictions, are hereby Enjoined and Authorized from time to time under their Hands and Seals, to appoint & require such Churchwardens, Overseers of the Poor, Constables and other persons within their several jurisdictions as they shall think fit, to seize and secure such Wares and Commodities as shallbe be sold, exposed, cried, or offered to Sale contrary to this Act upon the Day aforesaid, and to search for, discover, secure, apprehend and bring before them, or any other justice of Peace of the County or place where they shall be apprehended, all and every person & persons whom they shall find profaning and violating, or shall know or be informed to have profaned and violated the Lordsday in any the particulars herein mentioned, or shall have just cause to suspect for the same; which said Warrant so received, the said Constables, Tythingmen, Churchwardens, Overseers of the poor, or either of them to whom the said Warrant is or shall be directed, shall make publication of in the said parish Church or Chapel Fourteen days before execution of the same, and after such publication, and end of the said Fourteen days, the said Constables, Tythingmen or Overseers of the poor so authorized, and every of them, are hereby required and authorized, to do and perform their duties accordingly, without expecting any particular Warrant for the same, upon such pains and penalties as are hereafter in this Act inflicted upon wilful neglectors of their duty.  
And for the better execution of the powers aforesaid, The Constables, Churchwarden or Overseer of the Poor so authorized, are hereby required and authorized, to demand Entrance into any Dwellinghouse, or other place whatsoever suspected by them to harbour, 〈◊〉 of suffer to be any person or persons profaning the Lordsday; And if such Entrance be either wilfully delayed or refused, all and every person or persons so delaying or refusing, being convicted thereof (as by this Act is appointed) shall forfeit the sum of Twenty shillings  
And all Churchwardens and Overseers of the Poor, and Constables within their several Limits, are hereby Enjoined and Authorized upon their own view & knowledge, as well with Warrant as without, to seize and secure all such Wares and Commodities sold, exposed or offered to be sold, and to apprehend, secure and stop all offenders against this Law, with their Horses and Carriages (if any such shall be) and after apprehension, to bring such Offenders before any justice of Peace, to be dealt with according to the Directions of this Act, unless the Offender shall forthwith pay the Penalty forfeited by this Act to such Officer.  
And it is Enacted by the Authority aforesaid, That if any Children or Servants under the Age of Fourteen years, offending in any the offences within this Act mentioned, and thereof convicted before any Mayor, Head-Officer, or any one or more justices of the Peace as aforesaid, the Parents, Guardians, Masters, Mistresses or Tutors of all such Children and Servants, shall forfeit the Sum of One shilling for every such Servant or Child so offending & thereof convicted aforesaid unless such Parent, Guardian, Master, Mistress or Tutor, shall in the presence of the Churchwardens, Overseers for the Poor, or other Officer, or one of them, give or cause to be given unto such Child or Servant so offending due Correction.  
And to the end that no profane licentious person or persons whatsoever, may in the least measure receive encouragement to neglect the performance of religious & holy Duties on the said Day, by colour of any Law or Laws giving Liberty to truly Tender-Consciences, Be it Enacted by the Authority aforesaid, That all and every person and persons shall (having no reasonable excuse for their absence, to be allowed by a justice of Peace of the County where the offence shall be committed) upon every Lordsday diligently resort to some Church or Chappel where the true Worship and Service of God is exercised, or shall be present at some other convenient Meeting-place of Christians, not differing in matters of Faith from the Public Profession of the Nation, as it is expressed in the humble Petition & Advice of the Parliament to his Highness the Lord Protector, where the Lordsday shall be duly sanctified, according to the true intent and meaning of this Act, upon pain that all and every such person or persons so offending, shall for every such Offence, being thereof convicted, forfeit the sum of Two shillings and six pence.  
And it is Enacted by the Authority aforesaid, That no person being the Minister or public Preacher of, or in any Church, chapel, or public Congregation within this Commonwealth, and officiating and doing his Duty therein upon any Lordsday, or at any othertimes, shall be molested, hindered, or disturbed therein by any person whatsoever; And if any person or persons shall after the First day of August next ensuing, maliciously, wilfully, or of purpose molest, let disturb, disquiet or otherwise trouble any such Minister or Public Preacher in the doing and performing the Duty of their respective Places, or in his going to, or returning from such place, or make or cause to be made any public disturbance in any part of the Lords day in any of the places aforesaid, It shall and may be lawful to and for any Churchwarden, Overseer of the Poor, or Constable of the Parish & Place where such Molestation, Disturbance and Disquieting shall be, and they are hereby enjoined to apprehend all and every person and persons offending therein, or in case of escape before such Apprehension, for the Churchwardens, Overseers of the Poor, or Constables of any other Parish or Place where such Offender shall: be found, to apprehend them and every of them, as well without Warrant as with Warrant, and bring them before the Mayor, or any justice of the Peace or Head-Officer where any such person and persons shall be apprehended; And if such Mayor, justice or Head-Officer shall find cause upon his own view, Confession of the party, or the Oath of one or more sufficient Witnesses (which Oath he shall have hereby power to administer) than he shall commit such person to Prison, there to remain without Bail or Mainprize until the next General Sessions of the Peace to be holden for the County, City or place where the Offence shall be committed; And if upon Information, Presentment or Indictment, such person or persons shall at the General Sessions of the Peace (who have hereby power to hear and determine the same by Confession or Oath of two or more sufficient Witnesses) be found guilty for maliciously, wilfully, or of purpose molesting, letting, disturbing or otherwise troubling such Minister or Public Preacher, or making any disturbance as aforesaid, every person so convicted, shall forfeit the sum of Five pounds, One moiety to the use of his Highness the Lord Protector, and the other moiety to him or them that will sue or prosecute for the same; or at the discretion of the said justices, shall be sent to the house of Correction or Workhouse, to be set to hard Labour, with such moderate Correction, as in the discretion of the said justices shall be thought fit, for some time, not exceeding six months.  
And it is Enacted by the Authority aforesaid, That all persons Contriving, Printing or Publishing any Papers, Books, or Pamphlets for allowance of Sports and Pastimes upon the Lordsday, or against the Morality thereof, shall forfeit the sum of Five pounds, or be committed to the house of Correction as aforesaid.  
And it is Enacted by the Authority aforesaid, That in case any Wares or Commodities shall be seized and secured for being sold, exposed or offered to be sold contrary to this Act, and the Offenders therein convicted as aforesaid, All such Wares and Commodities, or the value thereof, at the discretion of the Mayor, Head-Officer or justice, shall be disposed of to the use of the poor of the Parish where such Wares shall be first feized, Saving that it shall be in the Power of such Mayor, justice of Peace or Head-Officer, out of the same to reward any person that shall Inform, or otherewise Prosecute any person for the said Offence according to their discretion, so as such Reward exceed not the Third part of the Wares and Commodities so seized, and so as no Reward be given to any person upon whose Oath only the Offender shall be convicted; And all Sums of Money, and Forfeitures not otherewise disposed of by this Act, shall be employed for the use of the Poor of the Parish where the several Offences shall be committed, Saving only that it shall be lawful to and for any Mayor, justice of Peace or Head-Officer, out of the said Forfeitures, to reward any such persons that shall Inform, or otherewise Prosecute any persons for the same, according to their discretion, so as such Reward exceed not the third part of the Forfeiture, & so as no reward be given to any person upon whose Oath only the Offender shall be convicted. Provided always, That no person or persons shall be impeached or molested for any Offence within this Act, unless he or they be thereof convicted within One Month after the Offence committed.  
And it is Enacted by the Authority aforesaid, That all Mayors, justices of the Peace, Head-Officers, the Governors of Inns of Court and Chancery, all Masters and Governors of Schools and Families, and the Governors of the Company of Watermens for the River of Thames (who for the purposes in this Act mentioned, shall have the Power of Constables upon the said River, and upon any Keys, Wharves or Banks thereof) and all other Officers & persons herein concerned, are hereby enjoined and authorized within their several Limits and jurisdictions, to see this Act put in due and speedy execution, upon pain that all and every person and persons neglecting to do his and their respective duties, in putting this Act in due and speedy execution, being thereof duly convicted by Bill, Plaint, Writ or Action of Debt, in any Court of Record, or upon Presentment, Information or Indictment before any justices of the Peace in their open Sessions (who have hereby power to hear and determine the same (shall forfeit the sum of Five pounds; one moiety whereof shall be to the use of his Highness the Lord Protector, and the other moiety to him or them that will prosecute for the same.  
And it is hereby Enacted by the Authority aforesaid, That no Writ of Certiorari shall be granted or allowed for the removing any Action, Suit, Presentment, Information, Indictment, or any other Proceed against any person for offending against this Law; And that in any Action brought against any justice of Peace, Churchwardens, Overseers of the Poor, Constables, or any other Officers or persons whatsoever, for acting or doing, or commanding to be acted or done, any matter or thing in pursuance of this Act, or for being aiding or assisting thereunto, the Defendant in every such Action shall & may plead the general Issue, & give the special Matter in Evidence, and upon Nonsuit of the Plaintiff, or Uerdict passing for the Defendant, the Defendant shall have and recover his and their treble Costs.  
And it is lastly Enacted, that the Churchwardens, or other Officers of every Parish within this Commonwealth, do at the charge of the Parish procure one or more of these Acts to be safely kept in their respective Parishes; and the Ministers of each parish are hereby enjoined in every year, that is to say, Upon the first Lordsday in March yearly, immediately before the Morning Sermon, to read, or cause to be read this present Act.  
Provided, That this Act shall not extend to authorise or empower any Constable or Officer, without the special warrant of one or more justice or justices of the peace, to enter or demand Entrance into any House upon pretence of execution of his or their Office by virtue of this Act, other then into Taverns, Inns, Alehouses, Tobacco-shops Uictualling, houses or tippling-houses Any thing in this Act to the contrary notwithstanding.   

October Quarter-Sessions 1657.  
ORdered that this Act of Parliament be forthwith Reprinted for the benefit of the Shire of Aberdene.  
Ordered by the Court. Christopher powel, Cler. of the Peace.