FOrasmuch as there is nothing more acceptable to God then the true and sincere Service and Worship of him, according to his holy will, and that the holy keeping of the Lords-day, is a principall 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, Enterludes, common Playes, and other unlawfull exercises and pastimes upon the Lords-day: 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 unlawfull exercises and pastimes, negle­cting Divine-worship both in their owne Parishes and elsewhere: Be it enacted by the Kings most excellent Maje­stie, and the Lords and Commons in this present Parlia­ment assembled, and by the authority of the same, That from and after forty dayes next after the end of this Session of Par­liament, [Page 2] there shall be no meetings, assemblies, or concourse of No meetings out of their own Parishes on the Lords day for any sports. No unlawfull 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 Lords day within this Realm of England, or any the Dominions thereof, for any sports and pastimes whatsoever; nor any Bear-baiting, Bull­baiting, Enterludes, common Playes, or other unlawfull 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 witnes upon oath, shall give warrant to the Con­stables, or Church­wardens of the Pa­rish to levie the said penalty by distresse. 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 consession of the party, or proof of any one or more witnes­ses by oath, which the said Justice or chief Officer or Officers shall by vertue of this Act have authority to minister, shall finde any person offending in the premisses, the said Justice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables, or Church-wardens of the Patish or Parishes where such offence shall be committed, to levie the said penalty so to be assessed, by way of distresse, and sale of the goods of every such offender, rendring to the said offenders, the over-plus 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 generall issue. None to be impea­ched, unlesse questi­oned within a mo­neth after the of­fence committed. And in default of such distresse, that the party offending be set publikely 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 generall 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 moneth next after the said offence committed. Provided also, that the Ecclesiasticall Jurisdiction within this Realm, or any the Dominions thereof, by vertue of this Act or any thing there­in contained, shall not be abridged, but that the Ecclesiasticall Court may punish the said offences, as if this Act had not been made.

FOrasmuch as the Lords-day, commonly called Sunday, is much broken and profaned by Carriers, Wagoners, Carters, Wain-men, Butchers and Drovers of Cattell, to the great disho­nour of God, and reproach of Religion; Be it therefore enacted by the Kings most excellent Majestie, & 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, waggon-man nor Carman, with Waggons or Carts, Wain-men with Wains, nor Drover with Cattell shal tra­vell on the Lords­day, upon forfeiture of 20. 3. for every offence. If a Butcher kill or sell any Victuall on the Lords-day, he shall forfeit 6. s. 8. d. for every offence, to be levied by distress. with any Waggon or Waggons, nor Car-men with any Cart or Carts, nor Wain-men with any Wain or Wains, nor Drovers with any Cattell, shall after fourty dayes next after the end of this present Session of Parliament, by themselves, or any other, travell 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 fourty dayes, kill, or sell any Victuall upon the said Day; That then every such Butcher shall forfeit and lose for eve­ry such offence, the summe 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 severall 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 witnesse or witnesses; All which summes [Page 4] 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 severall limits, where such offence shall be committed or done, by distresse and sale of the offenders goods, rendring to the par­ty the over-plus; 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 Majesties Courts of Record, in any City, or Town Corporate, before his Majesties Justices of the Peace, in their generall 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 onely that it shall be lawfull 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 shal be com­mitted, and not else­where. If Suit or Action be brought against any constable or church­warden for any di­stres taken by them, to plead the generall issue. None shall be im­peached, if not que­stioned within six moneths. 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 else-where, wherein no Essoigne, Protection or Wager of Law shall be allowed to the Defendant. Provided alwayes that it shall be lawfull for any Constable or Church­warden, that shall have any Suit or Action brought against them for any distresse, by them or any of them to be taken by force of this present Act, to plead the generall Issue, and to give the speciall matter in evidence: Provided likewise that no person or persons whatsoever, shall be impeached by this Act, unlesse he be thereof questioned within six moneths after the offence committed. Provided further, that this Act shall not in any sort abridge or take away the authority of the Court Ecclesiasti­call.

NO Cordwainer or Shoomaker shall shew, to the intent to No Shomaker shall make, shew, or put to sale, any Wares upon the Lords-day, upon pain of 3. s. 4. d. for every time, and the value of the ware 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, shewed, 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.

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 prophanely 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, Bailiffe, 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 prophane 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 distresse. In defect of distres, the offender (if a­bove twelve yeers of age) shall be set in the stocks 3. hours. If under 12, yeers, and shall not forth­with pay the said 12. d. he shall be whipt 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 summe of twelve pence. And it shall also be lawfull for the Constable, Church-wardens, and Overseers of the poor of that Parish, by warrant from such justice of Peace, or head Officer, to levy the same summe and summes of money, by distresse, and sale of the offenders goods, rendering to the party the overplus. And in defect of such distresse, the offender, if he or she be above the age of 12. yeers, shall by warrant from such Justice of the Peace, or head Officer, be set in the Stocks by three whole houres; but if the offender be under the age of twelve yeers, and shall not forthwith pay the summe 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 generall 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 generall Issue, and give the speciall matter in evidence to the Jury at the triall. And if it be found against the Plaintiffe, or that the Plaintiffe be non­suit, And have good costs the Defendant or Defendants shall be allowed good Costs, to be taxed by the Court.

Provided neverthelesse, that every offence against this Law, Every offence shall be complained of, and proved within twenty dayes. Thsi Act shall be read in every church upon the Lords-day, twice every yeer. shall be complained of, and proved, as abovesaid, within twen­ty dayes 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 yeer.

VVHereas the ancient, true and principall use of Innes, Ale­houses The true and prin­cipall use of Innes, Alehouses, and other Victualling-houses. and Victualling-houses, was for the receit, 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 Majestie, and the Lords and Commons in this present Parliament assem­bled, and by the authority of the same, that if after forty dayes next ensuing after the end of this present Session of Parliament, any Inne-keeper, Victualler or Ale-house-keeper within this Realm of England, or the Dominion of Wales, do permit or [Page 11] 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 Inne, Ale-house, or Tipling-house, is or shall be to re­main & continue drinking or tipling in the said Inne, Victualling house, Tipling-house, or Ale-house, other then such as shal be in­vited by any Traveller, & shal accompany him during his necessa­ry abode there: and other then Labouring and Handicrafts-men, in Cities and Towns Corporate, and Market Towns, upon the usuall working dayes, for one hour at dinner time, to take their diet in an Ale-house: and other then Labourers and Work-men, which for the following of their work by the day or by the If an Ale-house-kee­per suffer a dweller of the Town or Vil­lage where the Inne, or Ale-house 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 wit­nesse is to be taken. If he sell lesse then an Ale-quart of the best Bear or Ale for a peny, 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 distres, great in any City, Town Corporate, Market Town or Village, shall for the time of their said continuing in work there, sojourn, lodge, or victuall in any Inne, Ale-house, or other Victualling­house, other then for urgent and necessary occasions, to be al­lowed by two Justices of Peace, That then every such Inne-kee­per, Victualler, or Ale-house-keeper, shall for every such of­fence forfeit and lose the summe 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, Bailiffe or Justice of Peace within their seve­rall limits, or proved by the oath of two witnesses, to be taken before any Major, Bailiffe or any other head Officer, or any one or more Justice or Justices of the Peace, who by vertue of this Act, shall be authorized to minister the said oath to any person or persons that can or will justifie the same, being within the li­mits of their said Commission.

And be it further enacted by the authority aforesaid, That if any Inne-keeper, Alehouse-keeper or Victualler, shal at any time utter or sell lesse then one full Ale quart of the best Beer or Ale for a peny, and of the small two quarts for one peny, That then every such Inne-keeper, Ale-house-keeper or Victualler, shall forfeit for every such offence being duly proved in manner a­bove limited, the summe of twenty shillings of lawfull 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, [Page 12] by way of distresse to be taken and detained for the said forfeitures, and for default of satisfaction within six dayes 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 di­stresse, the offender to be committed to the common gaole, till he pay the pe­nalty. the party, of whom the distresse was taken, and for want of suf­ficient distresse, the party or parties offending, to be by the Major, Bailiffe, other head Officer, or Justice or Justices afore­said, committed to the common Gaole, there to remain untill 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 severall penalties, or in default of distresse or distresses, from time to time, do neglect to certifie the same default of distresse, by the space of twenty dayes then next ensuing, to the Major, Bailiffe, 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 summe of fourty shillings of cur­rant If the Constables or churchwardens neg­lect to levy, or to cer­tifie the default of distresse by twenty dayes, 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 distresse of the offenders goods, by warrant from any one or more Justice or Justices of Peace, Major, Bailiffe, 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 dayes 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 distresse was taken: And for want of such sufficient distresse, the Constables, Churchwarden or Churchwardens so offend­ing, to be by the Major, Bailiffe, or other head Officer, Justice or Justices of Peace, committed to the common Gaole, there to remain untill the said penalty or penalties be truly paid: for all For all which levies the Constables or Churchwardens shal be accomptable 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 accomptable to their successours and other the pa­rishioners, in such sort as they usually be in other Church recko­nings or accompts. And for all forfeitures to be levied by reason [Page 13] of any neglect of the Constables or Churchwardens, those shall be accomptable, 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 Inne-keepers, 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 alwayes, and be it enacted by the authority of this The punishment of offenders against this Law in either of the Universities, to be ministred by the Governours, Magi­strates, Justices of the Peace, or other principall Officers of the same. And that all penal­ties and summes of money forfeit and lost by force of this Act within the said universities, shalbe le­vied by the Officers and Ministers of the same, as shall he ap­pointed by the Vice­chancellors for the time being. And that the said Governours, 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 ministred in this behalf, according to the intent and true meaning of this Law, by the Governours, Magistrates, Ju­stices of the Peace or other principall 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 severall Charters doth belong or appertain, and that no other within their Liberties for any mat­ter concerning this Law contrary to their severall Charters, do intermeddle, and that all penalties and summes 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 Vicechan­cellours 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 Governours, Magistrates and principall Officers abovesaid of either of the Universities, be duely 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 perpetuall.

VVHereas the loathsome and odious sin of Drunkennesse is Drunkennesse 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 Bloud­shed, 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 generall impoverishing of many good Subjects, abusively wasting the good creatures of God:

Be it therefore enacted by the Kings most excellent Majestie, 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 fourty dayes next following the end of this present Session of Parliament, shall be drunk, and of the same offence of drunkennesse shall be lawfully convicted, shall for every such offence forfeit and lose five shillings of law­full Every one convicted of drunkennesse shal 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 accomptable 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, then the And for default of payment to be levied of the offenders 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 summe 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 inferiour 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, Bailiffe, other head Officer, or Justices of the Peace within their severall Li­mits, do neglect the due correction of the said offender, or the due levying of the said penalties, where distresse may be had, Then every person so offending, shall forfeit the summe of ten If the Constable neglect the due cor­rection, or levying, (where disTres may be had) he shall for­feit 10. s. to the poor, to be levied by di­stresse 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 distresse by any other person or per­sons, having Warrant from any Major, Bailiffe, 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 accompt 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 tip­ling in any Inne, Victualling-house, or Ale-house, 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 tipling, And the same being viewed and seen by any Major, or other head Officer, Justice or Justices of Peace within their severall 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, entituled, An Act to restrain the inordinate haunting and tip­ling in Innes, Ale-houses, and other Victualling-houses, unlesse 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 summe 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 distresse, 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 [Page 16] the said forfeiture or forfeitures, Then it shall and may be law­full for any Major, Bailiffe, 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 Drunkennesse and of excesse 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 Assise, 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 Assises 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 enquire 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 Drunkennesse, shall after that be again lawfully convicted of the like offence of Drunkennesse, That then every person or persons so secondly convicted of the said offence of Drunkennesse, shall be bounden with two Sureties to our Sove­raigne The offender upon second conviction shall be bound with two sureties to be of good behaviour. Lord the Kings Majestie, 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, Ale­cunners, All Constabl. Head­boroughs, Tithing­men, Ale-cunners, & Sidemen shall pre­sent the offences a­gainst this Statute. and Sidemen, shall in their severall Oaths, incident to their severall Offices, be charged in like sort to present the of­fences contrary to this Statute.

Provided alwayes, That this Act or any thing therein contai­ned▪ [Page 17] do not in any wise abridge or restrain the Ecclesiasticall No restraint of Ec­clesiasticall Jurisdi­ction. power or Jurisdiction, but that all Ordinaries, and other Eccle­siasticall Judges and Officers shall and may proceed to enquire of, censure, and punish all such offenders, according to the Ec­clesiasticall 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 prejudiciall to either of the two Universities of this Land, But that the Chancellour, Masters and Scholers, and the Successours of them, and either of them may as fully use and enjoy all their Jurisdictions, Rights, Priviledges, 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 moneths▪ impeached, or molested for any offence mentioned in this Sta­tute, unlesse he shall be for the same offence presented, indicted, or convicted within six moneths after such offence committed. This Act to continue untill the end of the first Session of the next Parliament. 21. Jac. 7. made perpetuall.

VVHereas notwithstanding all former Laws and Provisions already made, the inordinate and extream vice of exces­sive Drinking and Drunkennesse doth more and more abound, to the great offence of Almighty God, and the wastfull destru­ction of Gods good creatures: Be it enacted by the authority of The Ale-house-kee­per upon conviction for any offence a­gainst the Statutes of 1. Jac. 9. or 4. Jac. 5. shall for 3. yeeres next after such con­viction be disabled to keep any Ale­house. 21. Jac. 7. this present Parliament, That if any person being an Ale-house­keeper (after six weeks 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 sithence the beginning of this present Parlia­ment, the one intituled, An Act to restrain the inordinate haunt­ing and tipling in Innes, Ale-houses, and other Victualling-hou­ses: the other entituled, An Act against the odious and loath­some sin of Drunkennesse, That then every person or persons so convicted, shall for the space of three yeers next ensuing the said conviction, be utterly disabled to keep any such Ale-house.

VVHereas one Statute entituled, An Act to restrain the in­ordinate haunting or tipling in Innes, Ale-houses, and [Page 19] other Victualling-houses, made in the first yeer of his Highness▪ happy raigne of England, And another Statute, intituled, An Act to represse the odious and loathsome sin of Drunkennesse, made in the fourth yeer of his Highnesse raign of England, were 1. Jac. 9. & 4. Jac. 5. With the alterations and additions here­after expressed, made perpetuall. Where by those Sta­tutes proof of 2. wit­nesses was required. It is enacted, That one witnesse 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 witnesse 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 stayes tip­ling in an Inne or Alehouse (wheresoe­ver he dwels) shal be within the said Sta­tutes, as if he dwelt within the City or Town where the Inne or Alehouse is. or proof of one witnesse, to be tipling in any Inne, Ale-house, 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 dwelt in the City, Town Corporate, Market Town, Village or Hamlet, where the said Inne, Ale-house or Victualling-house is, or shall be, where he or they shall be so found tipling, and shall incurre 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 witnesse upon oath before him, shal have power to con­vince any person of drunkennes, wherby 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 Ale-house keeper be convict for any offence against the branches of ei­ther of the said two former Statutes, or against this Statute, he shalbe disabled to keep any Ale-house for three years after. [Page 20] 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 witnesse upon Oath before him, which he by vertue of this Act shall have power to admini­ster, to convince any person of the offence of Drunkennesse, whereby such person so convict, shall incurre 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 yeer of his Majesties raign, to the contrary notwithstanding.

And be it further enacted, That if any person being an Ale­house-keeper, or that shall at any time hereafter be an Alehouse­keeper, shal at any time herafter 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 yeers, next ensuing the said conviction, be utterly disabled to keep any such Ale-house.

And whereas in the said Statute, made in the fourth yeer of his said Majesties raign, intituled, An Act to represse the odious Constables, Church­wardens, Head Bo­roughs, Tithingmen Ale-cunners, and Side-men, 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 Drunkennesse, 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 yeer of his Highnesse raign, intituled, An Act to restrain the in­ordinate haunting and tipling in Innes and Ale-houses, and o­ther Victualling-houses, with the alterations and additions in this Act contained, made in the said fourth yeer of his said Maje­sties raign according to the alterations and additions of the same, in this Act expressed, Stat. 1. Car. 4.

VVHereas 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 witnesse, to be tippling in any Inne, Ale-house, or Victualling-house; such person or persons should be thenceforth adjudged and construed to be within the Sta­tutes of the first and fourth yeers of the late Kings Majesties raign, King James of famous memory: The one intituled, An Every Alehouse kee­per that shall suffer any person or per­sons not dwelling in the city or town where the Ale-house 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 tipling in Innes, Ale­houses, and other Victualling-houses: And the other intitu­led, An Act to represse the odious and loathsome sin of Drun­kennesse, as if he or they had inhabited and dwelled in the City, Town Corporate, Market Town, Village or Hamlet, where the Inne, Ale-house, or Victualling-house was, or should be, where he or they should be so found tipling, should incurre 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 Inne-keeper, Ale-house-kee­per, or Victualler, that permits, or suffers such person or per­sons not there inhabiting, to tipple in his Inne, Ale-house, or Victualling-house: For remedy whereof, Be it enacted, That every Inne-keeper, Ale-house-keeper, 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 Inne, Ale-house, or Victualling-house is or shall be, to tipple in the said Inne, Ale-house or Victualling-house, contrary to [Page 22] the true intent of any, or either of the said former Statutes, the said Inne-keeper, Ale-house keeper and Victualler so offending, shall incurre the same penalty, and in such manner to be pro­ved, levied and disposed, as in the former Statute of the first yeer of his said late Majesties raign, 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 Innes or Vicaualling in their houses, shall be taken to be within the said two former Statutes, and also within this Statute.

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 tipling-houses: It is therefore enacted by the King our Soveraign 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 vertue 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 Ale-hou­ses, and tipling 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 comming, shall be admitted or [Page 23] suffered to keep any common Ale-house, or tipling 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 Ale-house, or tipling-house, as well for, and a­gainst the using of unlawfull 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 certifie 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 tipling 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 summe 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 recognisance. 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 Ale-house, or tipling 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 Pro­cesse against every such person so presented, or complained up­on before them, to shew 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 Ale-house. 3 Car. 3. any person or persons, other then such as shall be hereafter ad­mitted & allowed by the said Justices, shal after the said first day of May, obstinately, and upon his own authority take upon him or them to keep a common Ale-house, or tipling 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 Gaole within the said Shire, City, Borough, Town Corporate, Franchise, or Liberty, there to remain without bail or mainprise, 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, tipling 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 assesse the fine for every such offence at twenty shillings.

Provided alway, that in any such Towns and places where any Fair or Fairs shall be kept, that for the time onely of the The fine of those which keep Ale-house without Li­cense. same Fair or Fairs, it shall be lawfull for every person and per­sons, to use common selling of Ale or Beer in Booths, or other places there, for the relief of the Kings 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.

VVHereas by an Act made in the fifth yeer of the reign of King Eward the sixth of famous memory intituled, An Act for keepers of Ale-houses to be bound by Recognizance, amongst other things, it is enacted, That if any person or per­sons, other then such as should be from thenceforth admitted and allowed by the Justices mentioned in the said Act, should Every person obsti­nately keeping an Ale-house or Tip­pling-house contra­ry to the command­ment of the Justices to be committed to prison for the space of three dayes, there to remaine without Baile or mainprise. 5. & 6. Exd. 6. 25. after the day in the said Act limitted, obstinately, and upon his own authority, take upon him or them to keep a common Ale-house, or Tipling 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 Gaole within the Shire, City, Borough, Town Corporate, Franchise or Liberty, there to remain without Bail or Mainprise, by the space of three dayes: 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 Ale-house, Tipling 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 Certificat 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 Certificat, 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, assesse the Fine [Page 26] 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 seldome levyed, and for that many of the said offendors, by reason of their poverty, are neither able to pay the said Fine of twenty shillings, nor yet to beare their own charges of conveying them to the Gaole; 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 License shall for every offence lose 20.s to the poor. dayes 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 Ale-house, or Tipling-house, or use commonly selling of Ale, Beere, Cyder, or Perry, That then every such person or persons shall for every such offence forfeit and lose the summe 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, Bailiffe, or Ju­stice of Peace, or other head Officer, within the severall limits, or confessed by the party so offending, or proved by the oath of two witnesses, to be taken before any Mayor, Bailiffe, or other head Officer, or any one or more Justice or Justices of the Peace, who by vertue of this Act shall be authorised to minister the said Oath to any person or persons that can or will justifie the same, being within the limits of their said Commission; Upon conviction the penalty is to be le­vied by the Consta­bles or Church-war­dens for the poor by way of distresse up­on warrant from the Mavor or Justice. The said penalty to be levyed by the Constables or Church-wardens 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 distresse, to be taken and detained by Warrant or Precept, from the said Mayor, Bailiffe, 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 dayes next ensuing, the said distresse to be by [Page 27] the said Constables or Church-wardens 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 distresse or not pay­ment of the said 20, shillings within six dayes 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 levyed by way of distresse as aforesaid, or shall not pay the said summe of twenty shillings, within six dayes after such conviction as aforesaid, That then the said Mayor, Bailiffe, 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 Gaole untill 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 lawfull for the said Mayor, Bailiffe, 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 Gaole of the said County, City, or Town Corporate, there to remain without Bail or Mainprise, untill 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 untill he or they so neglecting or refusing, shall have paid the summe of forty shillings of lawfull Upon the second of­fence and conviction of an unlicensed ale­house-keeper, he or she shall be commit­ted to the house of correction, till by or­der of the Justices in their generall 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 Ale-house-keeper, 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, Bailiffe, Justice or Justices of the Peace, or other head Officer [Page 28] shall commit him, her or them unto the house of Correction, there to remain for the space of one moneth, and be dealt with­all 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 untill by the order of the Justices in their generall Sessions for the County, City, Borough, or Franchise, he, she, or they shall be delivered from thence.

Provided alwayes, 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 vertue 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 vertue 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 vertue of this present Act, nor any thing therein contained.

Provided alwayes, that in such towns and places, where any That during the time of Fairs onely any person may sell ale or beer. Faire or Faires shall be kept, that for the time only of the same Faire or Faires, it shall be lawfull for every person or persons to use common selling of Ale or Beer in Booths or other places there, for the relief of the Kings 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.

FOr the better repressing of Ale-houses, whereof the multi­tudes None shal sell or de­liver Beer or Ale to any person that shall sell it as a common tippler or Ale-house keeper, not having any licence then in force to sell Ale, and Beer, upon pain of six shillings eight pence for every bar­rell, so sold or de­livered. and abuses have been and are found intollerable, and stil [Page 29] 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 wayes or means, directly or indirectly, shall at any time after three moneths 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 Ale-house-keeper, the same person not having any Licenee then in force to sell Ale or Beer, other then for the convenient use and expence of his, her, or their houshold only, upon pain to forfeit for every barrell sold, uttered or delivered contrary to the form and true meaning of this Act, the summe 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 poore 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 moity of all forfeitures shall be to the poor, and the other half to him that will sue for the same. truly imployed, and bestowed upon them, according to the true meaning of this Act, be it further enacted, That the Sheriffe, Bailiffe, or other Officer, or person that shall levy or receive any summe or summes of money forfeited and recovered according to the true meaning of this Act, shall and may by vertue of this Act, without further warrant, deliver the one half of the same [Page 30] summe and summes of money, by him or them so levyed or re­ceived, to some one or more of the Church-wardens and Over­seers of the poore 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 vertue of this Act to distribute and bestow the same accord­ingly.

And be it further enacted, That every Sheriffe, Bailiffe, and The person that shal 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 moity, 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 therof. other officer and person which shall levy or receive any such forfeiture or forfeitures aforesaid, and shall pay over the moity and one half thereof, according to the true meaning of this Act, shall be thereof discharged against the Kings Majesty, his heirs and successors.

And be it further enacted, That if any Sheriffe, Baylisse, or o­ther Officer or person shall refuse to pay over the moity and one half of the said mony by him or them levyed or received, or that the said Church-wardens and Overseers, to whom the said mony 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 imployed as aforesaid.

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, &c. 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 Iohn Baptist now next comming, 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 [Page 31] or place of bowling, coyting, cloyshcayles, half-bowl, ten­nis, dicing table, or carding, or any other manner of game pro­hibite by any estatute heretofore made, or any unlawfull new game now invented or made, or any other new unlawfull 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 playes, 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 estatute, forty shillings.

And also every person, using and haunting any of the said houses and playes, 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 voyd. 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. Untill the keepers of such house & playes have found sureties to be bound, no lon­ger to keep or use such house or playes. 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 estatute, 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 re­cognisance in the Chancery in a certain summe, to be appointed by the discretion of the Lord Chancellor of England, that hee shall not use the said placard contrary to the form thereof.

Be it further enacted by the authority aforesaid, that it shall be lawfull to all and every the Justices of Peace in every Shire, Mayors, Sheriffes, Bailiffes, 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 estatute, and as well the keepers of the same, as also the per­sons there hanting, 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 playes and games, have found sureties to the Kings use, to be bound by re­cognisance 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 [Page 32] 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 Maiors and head Officers shall search weekly or once a month where any such houses or playes 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, Marriners, Fishermen, Water­men or any serving­man shall play at Tables, Tennis, dice Cards, Bowls, Clash, Coyting, &c. Out of Christmas, under pain of 40. s. for eve­ry time. And in Christmas to play in their Ma­sters houses or in their masters 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, Maiors, &c. finding or know­ing any such offen­ders shall commit them to ward, till they be bound from using such unlawfull games. sureties, by the discretion of the Justices, Mayors, Sheriffes, Bailiffes, 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, Sheriffes, Bailiffes, Constables and other head Officers, within every City, Borough, or Town, within this Realme, 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 moneth, in all places where any such houses, allies, playes, or places shall be suspect­ed to be had, kept, and maintained. And if the said Mayors, Sheriffes, Bailiffes, Constables, and other head Officers within their Cities, Boroughs, and Townes, as well within franchises as without do not make due search at the furthest once every moneth, 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, She­riffes, Bailiffes, Constable, or other head Officer, to pay and forfeit for every moneth, 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, bowles, clash, coyting, logating, or any other unlawfull 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 Ma­sters houses, or in their Masters presence. And also that no man­ner of person shall at any time play at any bowle or bowles in open places out of his garden or orchard, under the pain for eve­ry time so offending to forfeit vi. s. viii. d. And that all Justices of Peace, Mayors, Bailiffes, Sheriffes, and all other head Officers, and every of them, finding or knowing any manner person or persons, using or exercising any unlawfull games contrary to this present Statute, shall have full power and authority to [Page 33] commit every such offender to Ward, there to remain without baile or mainprise, untill such time that they so offending, be bounden by obligation to the Kings use, in such summes of money, as by the discretion of the said Justices, Maiors, Bai­liffs, or other head Officers, shall be thought reasonable, that they or any of them shall not from henceforth use such unlaw­full games.

Be it further enacted by the authority aforesaid, that all o­ther All suits upon this Statute shal be with­in the year after the offence. statutes made for the restraint of unlawfull 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 yeer 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 moity thereof, and the other to him that will sue for the same in any the Kings Courts. within the Precinct of any Franchise, Leet or Lawday, then the Lord of the same Franchise, Leet, or Lawday, to have the one moity thereof, and the other moity thereof to any of the Kings Subjects that will sue for the same, in any of the Kings 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 moity of all such forfeitures shall be to the King our Soveraign Lord, and the other moity thereof to And where such for­feiture shal be out of any Franchise, the moity shall be to the King, and the other to him that will sue. That all Maiors, Sheriffs, and other head Officers shall once every quarter make Proclamation of this Act in every Market within their jurisdictions. That the Justices of Gaole delivery, As­sises, and Justices of peace, do cause the same to be proclaim­ed in their Circuit and Sessions. any the Kings Subjects that will sue for the same, by bill, plaint, action, information, or otherwise, in any of the Kings 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 yeer, that is to say, every quarter once, make open Proclamati­on of this present Act, in every market to be holden within their severall jurisdictions and authorities.

And also that the Justices of Gaole-delivery, Assises, and Ju­stices [Page 34] of Peace, do cause the same to be Proclaimed in their se­verall 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 alway, 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 unlawfull 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 assignes, 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 moneth next after the same, the said Lessee give knowledge to such Lessor or Lessors, their heirs and assignes, that he will no longer occupy the same, and that then it shall be lawfull for the inheritor, lessor or owner there­of, or to his heirs or assignes 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 shalbe lawfull 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 lawfull 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 unlawfull games be used. The servant by Li­tense may play with his Master. that it be lawfull to every Noble-man, and other having Ma­nors, Lands, Tenements, or other yeerly profits, for tearm of life in his own right, or in his wives right, to the yeerly 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 [Page 35] 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, Bowles 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 incurre 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.

MOst humbly beseecheth the Queens most excellent High­nesse 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 Highnesse Realm, for the having, maintaining, and keeping of houses, gardens and places for bowling, tennice, dicing, white and black, making and marring, and other unlawfull games prohibited by the Laws and Statutes of this Realm, divers and many unlawfull The inconveniences of permitting houses for unlawfull 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 mis­demeanors have ensued, to the breach of your Highnesse peace: For remedy whereof, it may please your Highnesse, that it may be enacted by your Highnesse, 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 unlaw­full 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.