each parish by itself to use the said recreation after divine service" (o).

For any Sports and Pastimes whatsoever.] King James I., in the aforesaid book of sports, in the year 1618, publicly declared to his subjects these games following to be lawful: viz., dancing, archery, leaping, vaulting, Maygames, Whitsun ales, and morris dances; and did command that no such honest mirth or recreation should be forbidden to his subjects on Sundays after evening service: but restraining all recusants from this liberty; and commanding each parish (as was said before) to use these recreations by itself; and prohibiting all unlawful games, bear-baiting, bull-baiting, interludes, and bowling by the meaner sort (p).

Killing game, or using a dog, net or gun on a Sunday Killing game. or Christmas day, is forbidden by 1 & 2 Will. 4, c. 32,

s. 3.

By 21 Geo. 3, c. 49," Whereas certain houses, rooms Honses of or places, within London and Westminster, or in the entertainment. neighbourhood thereof, have been frequently opened for public entertainment or amusement, upon the evening of the Lord's day; and at other places within the said limits, under pretence of inquiring into religious doctrines, debates have frequently been held on the evening of the Lord's day, concerning divers texts of Holy Scripture, by persons unlearned and incompetent to explain the same, to the corruption of good morals, and to the great encouragement of irreligion and profaneness;" it is enacted, that every house, room or other place, which shall be opened or used for public entertainment or amusement, or for publicly debating on any subject whatsoever, upon any part of the Lord's day called Sunday, and to which persons shall be admitted by the payment of money or by tickets sold for money, directly or indirectly, shall be deemed a disorderly house or place: and the keeper thereof shall forfeit 2001. for every Sunday the same shall be so used as aforesaid, and be otherwise punishable as the law directs in cases of disorderly houses; and the person managing the same, or acting as master of the ceremonies, or as moderator, president, or chairman in any such debate, shall forfeit 1007.; and the door-keeper or other person delivering out tickets, 501.; and any person advertising such amusement shall also forfeit 501. The said penalties to be recovered, with full costs, in any of his majesty's courts of record at Westminster, by any person who shall sue for the same, within

(0) Gibs. 236.

(p) Dalt. c. 46; Gibs. 236.

Houses of six calendar months after the offence committed. Proentertainment. vided, that nothing herein shall be construed to abridge the ecclesiastical jurisdiction, or any of the liberties or immunities of the act of toleration.

Frocess.

In the case of Baxter v. Langley (q), the facts were these. Meetings were held on Sunday evenings in a hall duly registered for that purpose as a place of religious worship. The proceedings at the meetings consisted of the performance of sacred music and the delivery of an address, which was sometimes of a religious tendency, sometimes neutral, but never profane. Admission to the body of the hall was gratuitous, but tickets were sold and money taken for admission to reserved seats. The object of the persons who held the meetings was not pecuniary gain, and they honestly intended to introduce religious worship, though not according to any established or usual form. It was holden, that the proceedings at the meetings were not an entertainment or amusement within the act.

By the 29 Car. 2, c. 7, s. 6, "No person, upon the Lord's day, shall serve or execute, or cause to be served or executed, any writ, process, warrant, order, judgment or decree (except in cases of treason, felony or breach of the peace); but the services of the same shall be void to all intents and purposes: and the person so serving or executing the same shall be as liable to the suit of the party grieved, and to answer damages to him for doing thereof, as if he had done the same without any writ, process, warrant, order, judgment or decree at all.'

Shall serve or execute, or caused to be served or executed, any Writ, Process, &c.]-Before this statute, one might have been attached for arresting another on Sunday (as in Prinsor's case, in 16 Car. 1, who was fined 20s. for so doing): but with this circumstance, that he might have arrested him upon any other day of the week. Agreeably to which, Keeling said, upon such a motion, that he had known many attachments for arresting a man upon a Sunday, but still the affidavit contained that he might have been taken on another day; to which Twisden added, that so also it was for arresting a man as he was going to church, to disgrace him (r).

Process.]-A libel was exhibited in the spiritual court of Durham against a woman for incontinence, and the citation was fixed upon the church door on a Sunday, according to custom; upon which it was urged as the opinion of civilians, that such citation was sufficient with

(9) L. R., 4 C. P. 21.

(r) Cro. Car. 602; 1 Mod. 56.

out a personal serving, and that this had been the constant practice both before and since this statute: and Holt, Chief Justice, said, if the ecclesiastical law was and had always been to serve this process on a Sunday (in which respect it was different from temporal process, which may be as well served on any other day), that then it did not seem to be the intent of this statute to take away the serving it in that manner, which is only meant of processes that may as well be executed at any other time (s).

But by 6 Ann. c. 12, s. 4, a judge's warrant for apprehending a person escaped out of the King's Bench or Fleet Prison, may be executed on the Lord's day.

By 29 Car. 2, c. 7, s. 5, "If any person which shall Robbery. travel upon the Lord's day, shall be then robbed; no hundred, or the inhabitants thereof, shall be charged with or answerable for any robbery so committed; but the person so robbed shall be barred from bringing any action for the said robbery. Nevertheless, the inhabitants of the counties and hundreds (after notice of any such robbery to them or some of them given, or after hue and cry for the same to be brought) shall make fresh suit after the offenders; on pain of forfeiting to the king as much money as might have been recovered against the hundred by the party robbed, if this law had not been made."

By 3 & 4 Will. 4, c. 31, the elections of corporate offi- Corporate cers, which would otherwise fall on Sundays in particular elections. years, shall be held on the previous Saturday or the following Monday.

By 6 & 7 Will. 4, c. 58, bills of exchange falling due Bills of exon a Sunday, Christmas-day or Good Friday, or any day change. appointed by royal proclamation for a solemn fast or

thanksgiving, need not be presented or paid till the following day.

By 2 & 3 Vict. c. 47, s. 42, public-houses shall not be Rules for the opened within the metropolitan police district before 1 p.m. metropolis. on Sundays, Christmas-day and Good Friday.

By s. 51, the commissioners of police, on the application of the minister or churchwardens of any church, chapel or place of public worship, may make rules for regulating the route of all carriages, horses, droves, &c. during the hours of Divine Service on Sundays, Christmas-day, Good Friday and days of fast and thanksgiving as aforesaid.

By "The Prison Act, 1865," 28 & 29 Vict. c. 126, s. 41, Discharge any prisoner whose term of imprisonment would, according from prison. to his sentence, expire on any Lord's day, shall be entitled

to his discharge on the Saturday next preceding.

(8) Alanson v. Brookbank, 5 Mod. 449; 2 Salk. 625.

Factories and workshops.

Exemption

as to Jews.

Provisions for the observance of Sundays in factories and workshops are contained in 42 Geo. 3, c. 73, s. 8; 30 & 31 Vict. c. 103, s. 7; and 30 & 31 Vict. c. 146, s. 6, and "The Workshop Regulation Act, 1867.”

By 34 & 35 Vict. c. 19, however, the following exemption is made in favour of Jewish workshops :—

Sect. 1. "No penalty shall be incurred by any person from penalties in respect of any work done on Sunday either in a workshop (t) or in the tobacco manufacture by any young person or woman professing the Jewish religion; provided that,

Feasts.

"(1.) The workshop or manufactory is in the occupation of a person professing the Jewish religion, is on Saturday closed until sunset, and is not open for traffic on Sunday:

"(2.) That such workshop or manufactory is open on Sundays to the officers duly authorized by The Factory and Workshop Act, 1867:'

"(3.) The total number of hours of labour of such young person or woman in any one week or day or period of twenty-four hours at such workshop or manufactory does not exceed the total number of hours of labour in any one week or day or period of twenty-four hours allowed by The Workshop Regulation Act,

1867.""

By 5 & 6 Edw. 6, c. 3, s. 1, " Forasmuch as at all times 5 & 6 Edw. 6, men be not so mindful to laud and praise God, so ready to

c. 3.

resort and hear God's holy word, and to come to the holy communion, and other laudable rites which are to be observed in every Christian congregation, as their bounden duty doth require; therefore to call men to remembrance of their duty, and to help their infirmity, it hath been wholesomely provided, that there should be some certain times and days appointed wherein the Christians should cease from all other kind of labours, and should apply themselves only and wholly unto the aforesaid holy works, properly pertaining unto true religion; the which times and days specially appointed for the same are called holidays not for the matter or nature either of the time or day, nor for any of the saints sake whose memories are had on those days (for so all days and times considered are God's creatures, and all of like holiness), but for the nature and condition of those godly and holy works wherewith only God is to be honoured, and the congregation to be

(t) As defined by The Workshop Regulation Act, 1867.

edified, whereunto such times and days are sanctified and hallowed, that is to say, separated from all profane uses, and dedicated and appointed not unto any saint or creature, but only unto God and his true worship; neither is it to be thought, that there is any certain time or definite number of days prescribed in Holy Scripture, but that the appointment both of the time, and also of the number of days, is left by the authority of God's word to the liberty of Christ's church, to be determined and assigned orderly in every country, by the discretion of the rulers and ministers thereof as they shall judge most expedient to the true setting forth of God's glory, and the edification of their people;" it is therefore enacted, that "all the days hereafter mentioned shall be kept and commanded to be kept holidays, and none other; that is to say, all Sundays in the year, the days of the Feast of the Circumcision of our Lord Jesus Christ, of the Epiphany, of the Purification of the Blessed Virgin, of St. Mathias the Apostle, of the Annunciation of the Blessed Virgin, of St. Mark the Evangelist, of St. Philip and Jacob the Apostles, of the Ascension of our Lord Jesus Christ, of the Nativity of St. John Baptist, of St. Peter the Apostle, of St. James the Apostle, of St. Bartholomew the Apostle, of St. Matthew the Apostle, of St. Michael the Archangel, of St. Luke the Evangelist, of St. Simon and Jude the Apostles, of All Saints, of St. Andrew the Apostle, of St. Thomas the Apostle, of the Nativity of our Lord, of St. Stephen the Martyr, of St. John the Evangelist, of the Holy Innocents, Monday and Tuesday in Easter week, and Monday and Tuesday in Whitsun week; and that none other day shall be kept and commanded to be kept holy, or to abstain from lawful bodily labour."

Sect. 3. "And it shall be lawful to all archbishops and Spiritual jurisbishops in their dioceses, and to all other having eccle- diction. siastical or spiritual jurisdiction, to inquire of every person that shall offend in the premises, and to punish every such offender by the censures of the church, and to enjoin them such penance as the spiritual judge by his discretion shall think meet and convenient."

cases of neces

Sect. 6. "Provided that it shall be lawful for every Proviso in husbandman, labourer, fisherman, and every other person, of what estate, degree or condition he be, upon the holi- sity. days aforesaid, in harvest or at any other time in the year when necessity shall require, to labour, ride, fish, or work any kind of work, at their free wills and pleasure."

Sect. 7. "Provided that it shall be lawful to the knights of the right honourable Order of the Garter to keep and