A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.

CHAP. XXXIII. The Constables Office about keeping the Sabbath.

THE Constable by Warrant from a Justice of Peace, (or the Chief Officer of any ••ity, Borough, or Town Corporate) under ••heir Hand and Seal, against such as use unlawful ••ames on the Sabbath-day, as Bull-baiting, Bear-••aiting, Enterludes, or other unlawful Exercises ••ithin their own Parish, or out of their own Pa∣••••sh at any such Sports whatsoever, may levy the ••enalty of three shillings and four pence, by ••istress and Sale of the Offenders Goods, ren∣••ring the overplus to the Owners; and in de∣••ult of Distress, the Constable is to set the Of∣••enders in the Stocks by the space of three hours: Note, That the Party offending in these Games, must be questioned within a month after the Of∣••ence committed, 1 Car. 1. c. 1. Dalt. J.P. c. 23. ••ol. 63.

If any one on the Sabbath-day, keep, or be ••resent at any Wrestling, Shootings, Bowlings, ••inging of Bells for Pleasure, Mask, Wake, Church Ale, Dancing, Games, Sport or Pastime whatsoever, they forfeit five shillings, if he or ••he be above fourteen years of Age, and if un∣••er that Age, then twelve pence by him that ••ath the Government of the Party, to be levied by Sale and Distress by the Constable, by War∣rant from a Justice of Peace, or Chief Officer, ••s aforesaid; and for want of Distress, to be set ••hree hours in the Stocks. And every Carrier going with his Horses on this day, or Wagoner, Carrier or Waynman going with any Wagon,

Cart or Wayn, or Drover with his Cattel, forfe•••• twenty shillings for every Offence, to be levi•••• also by Distress and Sale of his Goods, if he 〈◊〉〈◊〉 questioned within six weeks after the Offen•••••• done; but there must be but one twenty sh••••¦lings forfeit for one Journy, although they p•••••• through several Parishes, and this twenty sh••¦lings that Parish shall have where the Distre•••••• is first taken, 3 Car. 1. c. 1. Dalt. c. 50. •• 134.

And if any Butcher by himself, or any for hi•• shall kill or sell any Victuals upon the Lo•••• day, he forfeits six shillings and eight pence, 〈◊〉〈◊〉 be levied by the Constable, by Distress and S•••••• as aforesaid, upon Warrant from a Justice Peace, &c. the Offence to be questioned wi•••• six weeks after it is committed, and the Part•••• to be convicted before any Justice of Peace Mayor, or Head Officer, &c. upon their ow•• view, proof of two Witnesses or more, or t•••• Parties own confession, and the Justice, Mayor &c. may reward the Informer with the this part of the Penalty, 3 Car. 1. c 1. Dalt. J.P. c. 5•• fol. 134.

All Laws in force concerning the Observation of the Lords day, shall be put in Execution none shall do any Work, by Labour or Business that day, Works of Charity and Necessity only excepted:) and the Offender, if of the Age 〈◊〉〈◊〉 fourteen years or upwards, shall forfeit fin•••• shillings: none shall cry, or expose to sale 〈◊〉〈◊〉 Wares that day, on pain to forfeit them: 〈◊〉〈◊〉 Drover, Horse-Courser, Waggoner, Butche•••• Higler, or their Servants, shall travel on the Lords day, on pain to forfeit twenty shillings no Person shall travel on that day with any Boa••••

Wherry, &c. except on extraordinary occasion ••o be allowed by a Justice of Peace, or Head Officer of the place, &c. on pain to forfeit five shillings, 29 Cap. 2. c. 7.

The Justice of Peace, or Chief Officer of the City, Borough, &c. before whom the Offender ••s convicted, by View, Confession, or Oath of ••one Witness, shall give Warrant to the Consta∣••les or Churchwardens, to seize the Goods ••••ried, or put to sale, and to sell them, and to ••evy the other Penalties by distress and sale of Goods, and in case of inability, &c. to set the Of∣fenders in the Stocks for two hours: the Penalties to be to the Poor of the Parish where the Offence ••s committed, saving that the Justice or Head Officer may reward Informers, the Reward not exceeding a third part of the Penalties. But Prosecution must be made upon this Act within ••en days after the Offence committed, 29 Car. 2. c. 7.

Dressing of Meat in Families, Inns, Cooks∣••hops, &c. and crying of Milk before nine in the Morning, or after four in the Afternoon, are not prohibited by this Act, 29 Car. 2. c. 7.

No Writ, Process, Warrant, &c. shall be served on the Lords day, except for Treason, Felony, or Breach of the Peace; but the Ser∣vice shall be void, and the Party serving it shall answer Damages, as if done without Warrant, 29 Car. 2. c. 7.