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Every per. son using any unlaw
Lord's day, shall forfeit
3s. 4d. to
the poor of the parish.
and pastimes, upon the Lord's Day; and for that many breaking. quarrels, bloodsheds, and other great inconveniences, 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 service both in their own parishes and elsewhere: be it enacted, &c. that, from and after forty days next after the end of this session of parliament, there shall be no meetings, assemblies, or concourse of 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 or persons offending in any the premises, shall forfeit, ful pastimes 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 that 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 and churchwardens of the parish 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 offender the overplus of the money raised of the said goods so to be sold; 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 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.
3 Charles 1, c. 1, (enforced by 29 Car. 2, c. 7.)
Forasmuch as the Lord's Day, commonly called Sunday, is much broken and profaned by carriers, waggoners, carters, wainmen, butchers, and drovers of cattle, to the great dishonour of God and reproach of religion; be it, therefore,
enacted, &c. that no carrier with any horse or horses, nor Sabbathwaggonmen with any waggon or waggons, nor carman breaking. with any cart or carts, nor wainman with any wain or wains, nor drover with any cattle, shall, after forty days A carrier, next after the end of this present session of parliament, by travels on themselves, or any other, travel upon the said day, upon the Lord's pain that every person and persons so offending shall lose day shall and forfeit twenty shillings for every such offence; or if any butcher, by himself or any other for him, by his privity Butchers or consent, shall, after the end of the said forty days, kill that sell or or sell any victual upon the said day, that then every such kill victual butcher shall forfeit and lose, for every such offence, the day shall sum of six shillings and eight-pence; the said offences, and forfeit6s.8d. every of them, being done in view of any justice of peace, mayor, 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, mayor, or head-officer within their several limits, respectively, wherein such offence shall be committed: to which end every such justice, mayor, 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 Atter conconstable or churchwarden, by warrant from any such jus- viction, and tice or justices of the peace, mayor, or other head officer, as by warrant aforesaid, within their several limits, where such offence tice, &c. the jusshall be committed or done, by distress and sale of the constables, offender's goods, rendering to the party the overplus, or &c. may shall be recovered by any person or persons that will sue levy the for the same by bill, plaint, or information in any of his tures to the majesty's courts of record, or any city or town corporate, use of the before his majesty's justices of the peace in their general poor, or sessions of the peace: all which forfeitures shall be em- be recoverthey may ployed to and for the use of the poor of the parishes where ed by suit. the said offences shall be committed or done, saving only, that it shall be lawful to and for any such justice, mayor, 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 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 essoin, 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
Sabbath act, unless he be thereof questioned within six months after breaking. the offence committed: provided further, that this act shall not in any sort abridge or take away the authority of the courts ecclesiastical.
Note. An indictment against a butcher for selling meat on a Sunday, must conclude contra formam stututi. But, if the offender keep
open shop, the usual method is to indict at the sessions for the nuisance: R. v. Brotherton, 1 Str. 702.
29 Car. 2, c. 7.
I. For the better observation and keeping holy the Lord's day, commonly called Sunday, be it enacted, &c., that all the laws enacted and in force concerning the observation of the Lord's day, and repairing to the church thereon, be carefully put in execution; and that all and every person and persons whatsoever, shall, on every Lord's day, apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and true religion, Tradesmen, publicly and privately; and that no tradesman, artificer, artificers, workman, labourer, or other person whatsoever, shall do or exercise any worldly labour, business, or work of their ordinary callings, upon the Lord's day, or any part thereof (works of necessity and charity only excepted); and that every person, being of the age of fourteen years or upwards, offending in the premises, shall, for every such offence, forfeit the sum of five shillings; and that no person or perpose to sale, sons whatsoever shall publicly cry, show forth, or expose
None shall cry, or ex
Drovers, horse-cours ers, waggoners, butch
ers, and hig. lers, boats and barges.
manner the conviction shall be.
to sale any wares, merchandizes, fruit, herbs, goods, or chattels whatsoever, upon the Lord's day, or any part thereof, upon pain that every person so offending shall forfeit the same goods so cried or showed forth, or exposed to sale.
II. And it is further enacted, that no drover, horsecourser, waggoner, butcher, higler, their or any of their servants, shall travel or come into his or their inn, or lodg ing, upon the Lord's day, or any part thereof, upon pain that each and every such offender shall forfeit twenty shillings for every such offence; and that no person or persons shall use, employ, or travel upon the Lord's day, with any boat, wherry, lighter, or barge, except it be upon extraordinary occasion, to be allowed by some justice of the peace of the county, or head officer, or some justice of the peace of the city, borough, or town corporate, where the fact shall be committed, upon pain that every person so offending shall forfeit and lose the sum of five shillings for every such offence; and that, if any person offending in any of the premises shall be thereof convicted, before any justice of the peace of the county, or the chief officer or officers, or any justice of the peace of or within any city,
borough, or town corporate, where the said offences shall Sabbath. breaking. 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 justices, chief officer or officers, is by this act authorized to administer) 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 The penalty, parishes where such offence shall be committed, to seize how to be the said goods cried, shewed forth, or put to sale as aforesaid, and to sell the same, and to levy the said other forfeitures or penalties by way of distress and sale of the goods of every such offender distrained, rendering to the said offenders the overplus of the monies raised thereby; and in In case of default of such distress, or in case of insufficiency or inabi- insufficility of the said offender to pay the said forfeitures or pe- ency, the nalties, that then the party offending be set publicly in the shall be set stocks by the space of two hours; and all and singular the in the forfeitures or penalties aforesaid, shall be employed and stocks. converted to use of the poor of the parish where the said offences shall be committed, saving only that it shall and The forfei may be lawful to and for any such justice, mayor, or head tures, how to be disposed officer or officers, out of the said forfeitures or penalties, to reward any person or persons that shall inform of any offence against this act, according to their discretions, so as such reward exceed not the third part of the forfeitures or penalties.
III. Provided, that nothing in this act contained shall A provision for private extend to the prohibiting of dressing of meat in families, or families, dressing or selling of meat in inns, cook-shops, or vic- victuallingtualling-houses, for such as otherwise cannot be provided, houses, &c. nor to the crying or selling of milk before nine of the clock in the morning, or after four of the clock in the afternoon.
IV. Provided, also, that no person or persons shall be The proseimpeached, prosecuted, or molested for any offence before cution to be mentioned in this act, unless he or they be prosecuted for days. the same within ten days after the offence committed.
V. [The hundred not responsible to persons travelling on the Lord's day, but shall make fresh suit after the offenders.]
2. GAMING-HOUSES, LOTTERIES, &c.
33 Hen. 8, c. 9.
nance of a
XI. Be it enacted by the authority aforesaid, that no The penalty manner of person or persons, of what degree, quality, or for maintecondition soever he or they be, from the feast of the nativity house for of St. Jonn Baptist now next coming, by himself, fac- unlawful tor, deputy, servant, or other person, shall, for his or their games. gain, lucre, or living, keep, have, hold, occupy, exercise, or maintain, any common house, alley, or place of bowling,
Resorting to a house
of unlawful games.
Duty of magistrates.
coyting, cloysh-cayls, half-bowl, tennis, dicing-table, or carding, or any other manner of game, prohibited by any estatute 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 maintained within any such house, garden, alley, or other place, contrary to the form and effect of this estatute, forty shillings.
XII. And also every person using and haunting any of the said houses and plays, and there playing, to forfeit for every time so doing, six shillings and eight-pence.
XIV. Be it further enacted, by the authority aforesaid, that it shall be lawful to all and every the justices of the 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 alleys, where such games shall be suspected to be holden, exercised, used, or occupied, contrary to the form of this estatute; and as well the keepers of the same, as also the persons there 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 provisions like case bound by themselves, or else with sureties, by relating the discretions of the justices, mayors, sheriffs, bailiffs, or hereto. 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.
Searching of houses
where unlawful games be kept.
XV. Also, be it further enacted by the authority aforesaid, that the mayors, sheriffs, bailiffs, constables, and other head officers within every city, borough, and 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 farthest at all times hereafter once every month, in all places, where any such houses, alleys, 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 farthest 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, sheriff,