[Page] ALL ORDINANCES AND ORDERS, For the better observation of the LORDS-DAY, and the FAST.

9. Decemb. 1646.

ORdered &c. That the Ordinances for the better Obser­vation of the publick dayes of Fast and Humiliation and for the better Observation of the Lords-Day be Printed together, And that it be referred to the Care of the Knights and Burgesses of the severall Counties, Cities, and Burroughs, to send downe a sufficient number of Copies, of them so Prin­ted, to the severall and Respective Committees to be distribu­ted and dispersed to the severall Parishes, and the severall and respective Ministers are hereby enjoyned and required, the Lords day immediatly before every day of publick Humi­liation, to give notice of the said day to the Congregation as­sembled, and to reade unto them these Ordinances for the bet­ter observation of the Lords-day, and the dayes appointed for publick Humiliation And that the Justices of Peace in their severall Limits doe take a strict Monethly Account of the due Execution and Observation of these Ordinances.

Hen. Elsynge Cler. Parl. Dom. Com.


Printed for Edw. Husband printer to the Honoura­ble House of Commons. Feb. the 18. 1646.

Die Sabbathi 6. Aprill, 1644.
An Ordinance of the Lords and Commons assem­bled in Parliament, for the better Observation of the LORDS-DAY.

FOrasmuch as the Lords day, notwithstand­ing severall good Lawes heretofore made, hath been not only greatly prophaned, but divers ungodly Bookes have been published by the Prelaticall faction, against the Mo­rality of that Day, and to countenance the prophanation of the same, to the manifest indangering of Soules, prejudice of the true Religion, great dishonour of Almighty God, and provocation of his just wrath and in­dignation against this Land; The Lords and Commons for remedy thereof, doe Order and Ordain, and be it Orde­red and Ordained, that all the Laws enacted, and in force, concerning the Observation of the Lords day, bee carefully put in execution; and that all and singular person and per­sons whatsoever, shall on every Lords day, apply themselves to the sanctification of the same, by exercising themselves thereon, in the duties of Piety and true Religion, publique­ly and privately: And that no person or persons whatsoever, shall publiquely cry, shew forth, or expose to sale any [Page 2] Wares, Merchandizes, Fruit, Herbs, Goods, or Chattels whatsoever, upon the Lords-day, or any part thereof▪ upon pain, that every person so offending shall forfeit the same Goods so cryed, shewed forth, or put to sale: And that no person or persons whatsoever, shall, without reasonable cause for the same, Travell▪ carry Burthens, or do any world­ly labours or worke whatsoever, upon that day, or any part thereof; upon paing, that every one travelling contrary to the meaning of this▪ Ordinance, shall forfeit for every of­fence, ten shillings of lawfull money; and that every per­son carrying any burthen, or doing any worldly labour or work, contrary to the meaning hereof, shall forfeit five shil­lings of like money for every such offence▪ And bee it fur­ther Ordained, That no person or persons shall hereafter upon the Lords day, use, exercise, keep, maintain, or be pre­sent at any Wrestlings, Shootings, 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 yeares, shall lose and for­feit five shillings for every such offence. And be it further Ordained, that all and singular person and persons, that have the care, government, tuitition or education of any child or children, under, or within the age of fourteen yeares, shall for feit and lose twelve pence for every of the said offences that shall be committed by any such child and children. And because the prophanation of the Lords day hath beene heretofore greatly occasioned by May-poles (a Heathenish vanity, generally abused to superstition and wickednesse) The Lords and Commons doe further Order and Ordaine, that all and singular May-poles, that are, or shall be erected, shall be taken downe, and removed by the Constables, Bor­sholders, [Page 3] Tythingmen, petty Constables, and Churchwardens of the Parishes and places where the same be; and that no May-pole shall bee hereaf­ter set up, erected, or suffered to bee within this kingdome of England, or Dominion of wales.

And it is further Ordained, that if any of the said Officers shall neglect to doe their Office in the premises, within one weeke after notice of this Or­dinance, every of them for such neglect shall for­feit five shillings of lawfull moneys; and so from weeke to weeke, weekly five shillings more after­wards, till the said May-pole shall bee taken downe and removed. And that if any Justice of the Peace of the County, or the chiefe Officer or Of­ficers, or any Justice of the Peace, of, or within any City, Burrough, or Towne-Corporate, where the said offences shall bee committed upon his or their view, or confession of the party, or proofe of any one or more witnesses by oath (which the said Justice, chiefe Officer or Officers, is by this Ordi­nance authorised to minister (shall find any per­son offending in the premises, the said Iustice, or chiefe Officer or Officers, shall give warrant under his or their hand and seale, to the Constables or Churchwardens of the Parish or Parishes where such offence shall bee committed, to seize the said Goods, Cried, shewed forth, or put to sale as afore­said; and to leavy the said other Forfeitures or pe­nalties by way of Distresse, and sale of the Goods of every such offender, rendring to the said offen­ders the overplus of the Moneys raised thereby; [Page 4] And in default of such Distresse, or in case of in­sufficiencie, or inabilitie of the offender to pay the said Forfeitures or penalties, that the party offend­ing be set publiquely in the Stocks by the space of three houres. And all and singular, the forfeitures or penalties aforesaid, shall bee imployed and con­verted to the use of the poore of the Parish where the said offences shall bee committed, saving only, that it shall and may bee lawfull, to and for any such Justice, Mayor, or head Officer or Officers, out of the said forfeitures or penalties, to reward any person or persons that shall informe of any offence against this Ordinance, according to their discre­tions; so as such reward exceed not the third part of the forfeiture or penalties.

And it is further Ordained by the said Lords and Commons, that the Kings Declaration concerning observing of Wakes, and use of exercise and recrea­tion upon the Lords day, The Booke intituled, The Kings Majesties Declaration to His Subjects, concern­ing lawfull Sports to bee used; and all other Books and Pamphlets that have been, or shall be written, printed or published against the Morality of the fourth Commandement, or of the Lords-day, or to countenance the prophanation thereof, be called in▪ seized and suppressed, and publiquely burnt, by the Justices of Peace, or some, or one of them, or by the chiefe Officer or Officers aforesaid, in their severall Limits, or by their VVarrant or Command.

[Page 5] Provided, and bee it Declared, That nothing in this Ordinance shall extend to the prohibiting of dressing of Meat in private Families, or the dres­sing and sale of Victuals in a moderate way in Innes or Victualling-Houses, for the use of such as otherwise cannot be provided for; or to the crying or selling Milke before Nine of the Clock, in the Morning, or after Foure of the Clock in the After­noon, from the Tenth of September, till the Tenth of March: or before Eight of the Clocke in the Morning, or after five of the Clocke in the After­noon, from the Tenth of March, till the Tenth of September.

And whereas there is great breach of the Sab­bath by Rogues, Vagabonds and Beggars; It is fur­ther Ordained, That the Lord Mayor of the City of London, and all Iustices of Peace, Constables, Churchwardens and other Officers and Ministers whatsoever, shall from time to time cause all Lawes against Rogues, Vagabonds and Beggars, to be put in due execution; and take order that all Rogues, Vagabonds and Beggars, doe on every Sab­bath-day repaire to some Church or Chappell, and remaine there soberly and orderly during the time of Divine Worship. And that all and singular person and persons, that shall doe any thing in the execution of this Ordinance, shall bee pro­tected and saved harmlesse by the Power and Au­thority of Parliament.

[Page 6] And be it further Ordained▪ That this Ordi­nance be printed and published, and read in all Pa­rish Churches and Chappells, before the Sermon▪ in the Morning on some Lords-day before the first of May next, on the South-side of Trent, and be­fore the first of June next, on the North-side of Trent.

H. Elsynge, Cler. Parl. Dom. Com.

Die Mercurii 22. August 1642.
An Ordinance of the Lords and Commons assem­bled in Parliament, for the better Observing and Keeping a Monethly Fast, within the King­dome of England, and Dominion of WALES.

WHereas the Kings most excellent Majesty upon the request of the Lords and Com­mons in this present Parliament assem­bled, and by and with their advice and consent, considering the lamentable and distressed condition of his good Subjects in the Kingdome of Ireland; (that there might be a generall Humiliation of all the Estates of this Kingdome before Almighty God in Fasting and Prayer) was graciously pleased to command the keeping of a Month­ly Fast; and to the end that all persons might the better take notice thereof (and to leave such without excuse, as should not duly keep and observe the same) did afterward by his Proclamation of the eighth of Ianuary 1641. appoint that the same should be generally▪ publikely, & solemnly holden, and kept, as well by abstinence from food, as by publike prayers, preaching and hearing of the Word of God, and other Religious and holy duties, in all Cathedralls, Colle­giate, and Parish Churches, and Chappells, within the [Page 8] Kingdome of England and Dominion of Wales, (without any exception) on the last Wednesday of every Moneth, to continue during the troubles in the said Kingdome of Ire­land: All which his Majesty did straightly charge and command, should be reverently and devoutly performed by all his Subjects, as they desire the blessing of Almighty God, and would avoyd his heavy indignation against this Land and people; and upon pain of such punishments as may just­ly be inflicted upon all such as shall contemne or neglect so Religious a worke and duty.

And whereas the Lords and Commons in both Houses of Parliament, have received divers informations from severall parts of this Kingdome and Dominion of Wales, of the great neglect of the due observation and keeping of the said Fast upon the dayes appointed, and of the prophanations of the same, by many irreligious, ill-affected, loose, and scan­dalous persons, as well of the Clergie as others, who are so far from aflicting their soules, and loosing the bands of wic­kednesse, as that they provoke the wrath of Almighty God, and make so pious a meanes to procure his blessings, the oc­casion of greater Judgements.

For the prevention whereof for the time to come, the Lords and Commons doe order, declare, ordain, that in all and every the Cathedrals, Collegiate, and Parish Churches, and Chappels within the Kingdome of England and Do­minion of Wales, (without any exception) upon every Lords day, next and immediately before any the dayes appointed for the said publike Fast, the Parson, Vicar, Cu­rate, or Minister, that upon that day shall officiate, or exer­cise in any of the said Cathedralls, Collegiate, Parish Chur­ches or Chappells, shall give publike notice in every of the said Cathedralls, Collegiate, Parish Churches or Chappells [Page 9] respectively, of the Fast day next ensuing, immediately af­ter Sermon, or prayer ended in the forenoon, before the Congregation be dismissed, earnestly exhorting and per­swading all the people to the solemne due keeping and re­ligious observation of the whole day appointed for the said Fast, and that they would repair to some Church or Chap­pell, 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, Shop-keepers, Labourers, or any others using any Art, Trade, Mystery or manuall Oc­cupation whatsoever, and that all Vintners, Taverners, Ale­house-keepers, and Keepers of Victualing-houses▪ doe for­beare to keep open their doores, Bulks, or Shops, or to sell or utter (except in cases of extreame necessity) any Wine, Beere, Ale or victuall, till the publike exercises and religi­ous duties of that day in the respective Cathedralls, Colle­giate, Parish Churches and Chappells be past and over.

And lastly all and every the Justices of the Peace, May­ors, Bayliffs, Constables, Church-wardens, and other Offi­cers inhabiting or residing within the limits or precincts of any such Cathedrall, Collegiate, Parish Church or Chap­pell, are hereby required to take speciall notice as well of such Parson, Vicar, Curate, or other Minister that ought to Officiate in any of the said Cathedralls, Collegiate, and Parish Churches or Chappells, upon any such day appoin­ted for the said Fast, that shall either refuse or neglect to doe the same, or not do or cause the same to be done in that religious and solemne manner as it ought to be, or that shall refuse to give notice of the Fast day at the time and in man­ner [Page 10] as aforesaid, and forthwith to returne their names, and the names of all such (from time to time) as shall willfully offend herein, in contempt of the Lawes, 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 Lawes.

Hen. Elsynge, Cler. Parl, Dom. Com.

24. Aprill. 1643.

WHereas the Lords and Commons assembled in Parliament, have made an Ordinance for the more strict and solemne keeping of the dayes of publike Fast, which are not by all persons duly observed, even in these times of publike cala­mity, to the great dishonour of God, and the contempt of the Authority of both Houses of parliament. Now that more particular notice may be given unto all such as shall offend herein, before any exemplary punishment be infli­cted upon them; It is Ordered by the Commons now as­sembled in Parliament, That all Constables (or their De­puties) shall the day before every publike Fast, repair to e­very House within their severall and respective liberties, and charge all persons, That they strictly observe the Fast, according to the directions in the said Ordinance.

And they shall upon the said daies of the publike Fast, walke through their said Liberties, diligently searching for and taking notice of all persons, who either by following their worke of their calling, or sitting in Taverns, Victual­ling [Page 11] or Alehouses, or any other wayes shall not duly ob­serve the same; And they are hereby required to returne the Names of all such persons as they shall find so offending, as also such Informations as they shall receive against any o­ther persons within their liberties, guilty of the like offence unto the Committee for Examinations, that so they may be proceeded against for the contempt of the said Ordi­nance; And all Constables are to observe these directions from time to time, so long as the said publique Fast shall be kept, without expecting any further Order.

Hen. Elsynge, Cler. Parl▪ Dom. Com.

2. Decembris. 1646.
An Ordinance of the Lords and Commons assem­bled in Parliament for the better Observation of the Monthly Fast.

THe Lords and Commons in Parliament assembled, Taking notice of the great neglect and prophanati­on of the Monthly Fast in diverse places of this Kingdome, doe for prevention thereof in time to come. Order and Ordaine, and be it Ordained by the said Lords and Commons, that all Justices of the Peace, May­ors, Bayliffes, Constables, and other Officers and Ministers whatsoever in their respective places shall put in Execution all Orders, and Ordinances of Parliament heretofore made for the due observation of the said monthly Fast, and are hereby authorized and required to use and exercise the same power, and to inflict penalties upon the offenders therein, in such manner and form as is limited and appointed by any [Page 12] Statute, Law, Order, or Ordinance whatsoever now in force for the Sanctification of the Lords day, or against the pro­phanation thereof: And for the better incouragement of all such persons as have or shall testifie their good affecti­ons to the State by their readinesse in observing and putting in Execution of this and other the Ordinances of this Par­liament, and for prevention of causelesse and contentious suits against them; It is further Ordained by the said Lords and Commons that if any Action, Bill, Plaint or Suite up­on the Case, Trespasse, Battery, or false Imprisonment now be or hereafter shall be brought, for or concerning any mat­ter, cause, or thing done, or to be done hereafter by any Person or Persons whatsoever, by Vertue of any Ordinance of Parliament or by any Person or Persons in their ayde and assistance or by their Commandement, according to any such Ordinance of Parliament, the said Action, Bill, Plaint or Suite shall be layed within the County where the Trespas or Fact was or shall be done, & committed & not elsewhere; and that it shall be lawfull to and for all and every Person, and Persons aforesaid to plead thereunto the Generall issue that he or they are not Guilty, And for their Justification to give in Evidence to the Jury which shall try the same, any Ordinance, or Ordinances of Parliament which they or any of them shall produce, by vertue whereof the Fact Complai­ned of was done or Committed. And that if upon the Tryall of any such Action, Bil, Plaint, or Suit the Plantiff or Plain­tiffs therein shall not prove to the Jury which shall try the same, that the Trespass, Battery, Imprisonment, or other Fact or Cause of his, her, or their said Action, Bill, Plaint, or Suit was or were, had, made, committed, or done▪ with­in the County wherein such Action, Bill, Plaint, or Suit, is or shall be layed, That then in every such case the Jury [Page 13] which shall Try the same, shall find the Defendant or De­fendants in every such Action, Bill, Plaint or Suit not Guil­ty without having regard or respect to any evidence given by the Plaintiff or Plaintiffs therein touching the Trespass, Battery, Imprisonment, or other Cause for which the same Action, Bill, Plaint, or Suit, is or shall be Brought: And if the Verdit shall Passe with the Defendant or Defendants in any such Action, Bill, plaint, or Suit, or the plaintiff or plaintiffs therein become Non-suits or suffer any discon­tinuance thereof, that in every such Case the Justices, or Ju­stice, or such other Judge, before whom the said Matter shall be tryed, shall by force, and vertue of this Ordinance allow unto the Defendant, or Defendants, his, or their dou­ble Costs, which he or they shall have susteined by reason of their wrongfull vexation in Defence of the said Action, or Suit, for which the said Defendant or Defendants shall have remedy as in other Cases, where Costs, by the Laws of the Realm are given to the Defendants.

Hen. Elsynge, Cler. Parl. Dom. Com.

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