By the Maior.
To the Alderman of the Ward of
[...]
WHEREAS divers good Laws have formerly been made, and are still in force against several wicked and disorderly Practices, which through the omission of the Magistrate and Officers concern'd to put the same in Execution, are openly and notoriously violated and broken within this City, to the great Offence of Almighty God, Dishonour of the Christian Religion, and Scandal and Reproach of the Citizens and Inhabitants of this City, and not without a just Imputation [Page 2] upon the Government thereof. And whereas it is Incumbent upon me to Correct, Suppress, and Prevent (as much as in me lies) all kinds of Enormities and Disorders within this City, and to Invite and Ingage all my Brethren the Aldermen to concur and joyn with me in that Performance; Wherein having communicated to them my Intentions at a Court of Aldermen, they have readily and heartily promised and undertaken in their Stations to further and promote the same.
Wherefore, by Advice of my said Brethren the Aldermen, These are to desire, and in His Majesties Name to charge you from time to time to exert your Care and your Authority (in all Parts of this City, as you shall have Opportunity, and especially within your Ward) for the Punishment and Extirpation, as much as is possible, of all Lewd, Enormous, and Disorderly Practices; Some Instances of which kind, being most notorious and scandalous, I have thought fit more particularly to recommend to your Care (not to lessen it in reference to other Enormities, but to ingage you more immediately to the Prosecution of such as follow, namely)
- The Prophanation of the Lord's Day by Peoples Exercise of their ordinary Callings on that Day, and Tipling or using other vain Imployment, and neglecting the Worship and Service of God.
- [Page 3]The Sin of Drunkenness.
- And profane Cursing and Swearing.
Which being very heinous, and yet grown very common, require the more vigorous Endeavour of all Persons in Authority to suppress them.
And then Vagabonds and Beggars (which though of less Consequence than any of the former, yet) exceedingly pestering and anoying the Streets and Publick Places within this City, and being given me strictly in Charge by my Lord Chief Baron when I took my Oath at the Exchequer, I recommend likewise particularly to your Care the clearing of the Streets from that living Nusance.
In all which Cases, in regard sufficient Provision hath been made by Acts of Parliament, I have caused such Acts as provide against the said Enormities to be Abbreviated and added hereunto, for your better knowledge of the Laws in that behalf, and the better Execution thereof.
And you are required frequently to Charge and Admonish all Constables and other Officers within your Ward, That they omit not to do their parts diligently and carefully for putting the said Laws respectively in Execution against all Offenders thereof: And on the Lord's Days particularly that they be careful to search for all Persons that shall continue Tipling in Taverns Ale-houses, or Coffee-houses, and both them, [Page 4] and the Masters of the said Houses, and all other Offenders against any of the said Laws, that they cause them to undergo the Penalties thereby respectively inflicted.
And you are also desired to call all the Constables, and other Officers of your Ward, frequently to Account, and Inform your self how they shall have performed their Duties in all the aforesaid Particulars; and such of them as you shall at any time find remiss or negligent therein, That you cause the Forfeitures imposed by the said Laws in that behalf to be daily levied upon them accordingly; or otherwise that they be bound over to the Sessions of the Peace, there to answer the same. Hereof fail not as you tender the Honour and Service of Almighty God, and the Publick Weal of this City.
A BREVIATE OF THE ACTS of PARLIAMENT.
The Lord's Day.
STat. 1 Jac. cap. 22. (continued 3 Car. 1. cap. 4. & 17 Car. 1. cap. 4.) No Shoemaker shall shew (for Sale) any Shoes, Boots, Slippers, &c. on the Sunday, on pain of forfeiting Thrée shillings four pence for every pair made, sold, or put to sale, and the value of them besides. The Offender to be bound over to answer the same at the Sessions of Peace.
Stat. 1 Car. 1. cap. 1. Reciting, That the holy kéeping the Lord's Day is a principal part of the true Service of God, Enacts That there shall be no Méetings or Concourse of People on that Day out of their own Parishes for any Sports or Pastimes whatsoever; Nor any Bear-beating, Enterludes, or other unlawful Exercises and Pastimes used by any within their own Parishes. The Offender to forfeit Thrée shillings four pence to the Poor of the Parish where the said Offence is committed. A Iustice of Peace upon view, or the Parties confession, or proof upon Oath, shall grant a Warrant to the Constables or Churchwardens to levy the said Penalty by Distress and Sale of [Page 6] the Offenders Goods. In default of Distress, he is to sit Thrée hours in the Stocks. The Offender must be questioned within a Month.
3 Car. 1. cap. 1. No Carrier with Horses or Waggons, nor Carman with Carts, nor Drover with Cattel, shall travel on the Lord's Day on forfeiture of Twenty shillings. No Butcher by himself, or other, to kill or sell Victual, on forfeiture of Six shillings eight pence; being done in view of a Iustice of Peace, or proved by two Witnesses upon Oath, or the Parties confession; The said Penalties to be levied by the Constable or Churchwarden by Warrant from the said Iustice, by Distress and Sale of the Offenders Goods, rendring the Overplus, and to go to the Poor of the Parish where the Offence is committed, Except what the said Iustice shall give (not excéeding a third part) for a Reward to the Informer or Prosecutor. The Offender must be questioned within Six Months.
Both those Acts continued per Stat. 17 Car. 1. cap. 4.
29 Car. 2. Intituled for Observation of the Lord's Day. All Persons on that Day to apply themselves to the Observation thereof, by Exercising themselves thereon in the Duties of Piety and true Religion publickly and privately. And that no Trades-man or other, Exercise worldly Labour, or Work of their ordinary Callings (Works of Necessity and Charity excepted) Offenders (being of the Age of Fouriéen) to forfeit Five shillings.
None publickly to cry or shew Wares, Fruit, &c. on pain to forfeit the Goods.
No Drover, Horsecourser, Waggoner, Butcher, Higler, or their Servants, to travel or come to their Inn, on pain to forfeit Twenty shillings.
Boats not to be used on that Day unless on extraordinary Occasions to be allowed by a Iustice of the Peace, on forfeiture of Five shillings. Vpon conviction by view of a Iustice of Peace, or confession, or a Witnesses Oath, the Iustice shall give a Warrant to the Constable or Churchwardens where the Offence is committed, to seize and sell the Goods cried or put to sale, and levy the other Forfeitures by Distress. In default of Distress, or the Offenders [Page 7] Ability to pay, to set them in the Stocks for Two hours. A third of the Forfeitures the Iustice may give to the Informer, and the Residue given to the Poor of the Parish where the Offence is committed.
Dressing and selling Meat in Inns, Victualing Houses, &c. for such as cannot otherwise be provided, and crying of Milk before Nine in the Morning and after Four, Excepted. Prosecution must be within Ten days after the Offence.
If any Travelling on the Lord's Day be robbed, the Hundred not lyable; yet nevertheless shall make fresh Suit upon Huy and Cry.
No Writ, Proces, Order, Warrant, &c. except for Breach of the Peach, shall be served on that Day.
Tipling.
1 Jac. 9. IF any Inn-kéeper, Victualer, or Alehouse-kéeper permit any Person dwelling in the same City or Town, to continue drinking or Tipling in his House, (unless invited by a Traveller, and accompanying him only during his necessary abode there, and except labouring and handicrafts-men upon the usual working days for an hour at dinner time, and except Labourers, who for following their Work in any Town, shall sojourn or victual there, and except for necessary occasions to be allowed by Two Iustices of the Peace) he shall for every Offence forfeit Ten shillings for the Poor of the Parish; the same being séen by a Iustice of the Peace, or proved before him by Two Witnesses. The said Penalty to be levied by the Constable or Churchwardens of the Parish where the Offence is committed, by Distress, to be apprized and sold, if the Penalty be not paid within Six days, and the Surplus return'd to the owner. For want of sufficient Distress, the Iustice may commit the Offender to the Common Goal, to remain till the Penalty paid.
Constables and Churchwardens neglecting to levy the Penalties, or to certifie to a Iustice within Twenty days if no Distress, shall forfeit Forty shillings for the Poor of the [Page 8] Parish, to be levied by Distress by Warrant from a Iustice of Peace, the same, if payment be not made in Six days, to be apprized and sold as before.
Drunkenness.
4 Jac. cap. 5. EVery Person that shall be drunk, and thereof lawfully convicted, shall forfeit Five shillings, to be paid within one Wèek after his Conviction to the Churchwardens of the Parish where the Offence shall be committed, to the use of the Poor. Vpon refusal or neglect then to pay it, to be levied upon his Goods by Warrant from the Court, Iudge, or Iustices before whom the Conviction shall be. If he be not able to pay, then to be committed to the Stocks for Six hours.
Constable or other Officer, to whom it shall be given in Charge by Precept of the Maior or Iustices of the Peace within their Limits, neglecting to Correct the Offender, or Levy the Penalty, to forfeit Ten shillings to the Poor of that Parish, to be levied by Distress upon Warrant from such Maior, or Iustices, or Court where the Conviction shall be.
Tipling.
IF any Person continue drinking or tipling in any Iun, Victualing-house or Alehouse, in the same City or Town where he dwells, and the same being viewed by a Iustice of Peace, or proved as is directed by the aforesaid Statute of 1 Jac. (unless in Cases excepted in the said Act) he shall forfeit for every Offence Thrée shillings four pence to the use of the Poor of the Parish where the Offence is committed, to be levied by Distress in like manner as is before appointed for being drunk. If the Offender, being lawfully convicted, be not able to pay, any Iustice of Peace, or the Court where the Conviction shall be, may set the Offender in the Stocks for Four hours.
Drunkenness.
ANy Person once lawfully convicted of Drunkenness, and after that lawfully convicted again of the like Oftence, shall be bound with Two Sureties in a Recognizance, or Bond of Ten pounds, to be of the Good Behaviour.
Persons to be presented, indicted, or convicted within Six Months after the Offence, upon this Statute.
Stat. 21 Jac. cap. 7. The aforesaid Statutes of 1 & 4 Jac. made perpetual. Where proof of Two Witnesses is required by the said Two Statutes, One shall be sufficient. Voluntary Confession of the Party (before such Persons as by the said Acts are to minister the Oath) shall suffice to convict him. After his Confession, his Oath shall be proof against another Offender.
Tipling.
IF any person, wherever his dwelling is, shall be found upon view, or his own confession, or proof of one Witness, to be tipling in any Inn, Alehouse or Victualing-house, he shall incur the like Penalty, and to be levied and disposed as in the said former A [...]t is expressed concerning such as there inhabit. The Offenders confession (before such as by the former Statutes are to minister the Oath) shall convict himself, and his Oath afterwards shall be proof against another.
Any Iustice of Peace, upon his view, the Parties confession, or Oath of one Witness, may convict any person of drunkenness, whereby he shall incur the forfeiture of Five shillings, to be levied, or the Offender punish'd, as in the former Statutes appointed. And for the second Offence he shall be bound to the Good Behaviour.
If an Alehouse-kéeper be lawfully convict of an Offence against this or the two former Statutes, he shall for Thrée pears after be disabled to kéep such Alehouse.
[Page 10] 1 Car. 1. cap. 4. Every Inn-kéeper, Alehouse-kéeper, and other Victualer permitting any person, not inhabiting in the City where the Inn or Victualing-house is, to tipple therein, contrary to the intent of the Statutes of 1 Jac. 9. & 4 Jac. 5. he shall incur the Penalty appointed by the said Statute of 1 Jac. for permitting such to tipple as dwell in the City.
Kéepers of Caverns, and such as sell Wine in their Houses, and also kéep Inns or Victualing in their Houses, shall be taken to be within this and the said two former Statutes.
Swearing.
21 Jac. cap. 20. IF any person shall profanely Swear or Curse either in the hearing of a Iustice of the Peace, or be convicted thereof before him by the Oaths of Two Witnesses, or the parties confession, he shall for every time offending forfeit and pay Twelve pence to the use of the Poor of the Parish where the Offence is committed. The Constable, Churchwardens, or Overséers of the Poor of that Parish, to levy the same by Warrant from such Iustice of the Peace by Distress and Sale of the Offenders Goods, rendring him the Overplus. In default of Distress, the Offender (if above Twelve years old) shall by Warrant from such Iustice be set in the Stocks Thrée hours; if under Twelve, be whipped by the Constable, Parent, or Mastec, by Warrant of such Iustice in his presence.
This continued 17 Car. 1. cap. 4.
Beggars.
39 Eliz. cap. 4. ALL Rogues, Vagabonds, or sturdy Beggars (which all idle persons going about to beg ars by the said Statute declared to be) taken begging, vagrant, wandring, or misordering themselves, shall upon their Apprehension, by the appointment of a Iustice of Peace, or Constable, of the County or Parish where such person shall be taken, be stripped naked from the middle upward, and be openly whipped tilt his or her Body be [Page 11] bloody; and shall be forthwith sent from Parish to Parish the next streight way to the Parish where he was born, if the same may be known by the parties confession, or otherwise: And if the same be not known, then to the Parish where he or she last dwelt, before the same Punishment, by the space of one whole year, there to put him or her self to labour; Or not being known where he or she was born or last dwelt, then to the Parish through which they last passed without punishment. After which whipping the same person shall have a Testimonial under the Hand and Seal of the Iustice of Peace and Constable, testifying the time and place of his or her punishment, and the place whether they are limited to go, and by what time they are to pass thither: And if the said person, through his or her default, do dot accomplish the order given in the said Testimonial, then to be taken again and whipped, and so as oft as there shall be such default. The party so whipped, and not known where he or she was born or last dwelt by the space of a year, shall by the Officer of the place where he or she last passed through without punishment, be conveyed to the House of Correction, there to be imployed in work till he or she shall be placed in some Service, and so to continue for a year, or (if not able of Body) till placed in some Almes-house.
If the Constable do not his best endeavour for apprehending every such Vagabond, Rogue, or sturdy Beggar, and cause them to be punished and conveyed according to this Act, he shall forfeit Ten shillings.
If any person disturb or let the Execution hereof, he shall forfeit Five pounds, and be bound to the Good Behaviour.
The said Forfeitures to be imployed for Maintenance of the House of Correction, or Relief of the Poor where the Offence shall be committed, at the discretion of the Iustices of the Peace, and be levied by Warrant of Two Iustices by Distress and Sale of the Offenders Goods upon the parties confession, or proof by Two Witnesses before Two Iustices.
This not to extend to Children under Seven years, nor to Seafaring-men suffering Shipwrack, having a Pass from a Iustice of Peace near the place where he landed, but that they may beg in their Passage.
[Page 12] 1 Jac. cap. 7. All persons shall apprehend such Rogues, Vagabonds, and sturdy Beggars, as they shall see resort to their Houses to beg, and cause them to be carried to the next Constable, on pain to forfeit Ten shillings, to be levied and imployed, and upon like proof and conviction as is appointed by the said former Act.
The Constable not causing the said Rogues, Vegabonds, or sturdy Beggars to be punished and conveyed (as above directed) shall forfeit Twenty shillings for every default, to be levied and imployed, as before.
Both these Statutes are continued 21 Jac. cap. 28. 3 Car. 1. cap. 4. & 17 Car. 1. cap. 4.
LONDON, Printed by S. Roycroft, Printer to the Honourable City. 1687.