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PROFANE SWEARING.

profanely

swear or

curse.

eth or swear

21 JAMES 1, CAP. 20.-An act to prevent and reform profane swearing and cursing.-Forasmuch as all profane swearing and None shall 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 profanely swear or curse: and that if any 19Geo.2,c.21. 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 mayor, justice of peace, bailiff 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 witnesses, or by confession of the party, before any such 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 He that projustice of peace and every such head officer shall have power by fanely cursthis act to minister the same oath; that then every such offender eth shall shall for every time so offending forfeit and pay to the use of the forfeit 12d. poor of that parish where the same offence is or shall be committed, the poor. the sum of twelve pence: and it shall also be lawful for the consta- The constable, churchwardens and overseers of the poor of that parish, by levy the said warrant from such justice of the peace or head officer, to levy the forfeiture. same sum and sums of money by distress and sale of the offender's goods, rendering to the party the overplus: and in defect of such By 6 & 7 W. distress, the offender, if he or she be above the age of twelve years, the second shall by warrant from such justice of the peace or head officer be offence forset in the stocks by three whole hours; but if the offender be under the age of twelve years, and shall not forthwith pay the said sum 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.

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to the use of

ble, &c. shall

3, c. 11, s. 1,

feits double.

issue,

II. And be it further enacted, that if any such offender shall The officer being sued commence any suit in law against any officer or other for such dis- shall plead training, sale of goods, whipping or setting in the stocks, the the general defendant or defendants may plead the general issue, and give the special matter in evidence to the jury at the trial; and if it be found against the plaintiff, or that the plaintiff be nonsuit, the defendant or defendants shall be allowed good costs, to be taxed by the court. III. Provided nevertheless, that every offence against this law This offence shall be complained of, and proved as abovesaid, within twenty secuted withdays after the offence committed. And it is also enacted, that this in 20 days. act shall be read in every parish church by the minister thereof, be read in the upon the Sunday after evening prayer, twice in the year. church twice every year. IV. Provided, that this act shall continue until the end of the first session of the next parliament, and no longer. [3 Car. 1, c. 4, continued until the end of the first session of the next parliament, and further continued by 16 Car. 1, c. 4.]

shall be pro

This act shall

The forfeit

ures of seve

ral degrees

of persons for swearing.

6 & 7 WILLIAM 3, CAP. 11.—An act for the more effectual suppressing profane cursing and swearing.-Whereas it is found by 21 Jac.1.c.20. experience, that an act of parliament made in the one and twentieth 19Geo.2,c.21. year of the reign of king James the first, intituled, an act to prevent and reform profane swearing and cursing, hath proved ineffectual to the suppressing of those detestable sins, by reason of some deficiencies in the said act; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that if any person or persons shall (after the four and twentieth day of June in the year of our Lord one thousand six hundred ninety-five) profanely swear Mod. cases or curse in the presence or hearing of any justice of peace of the in law 58,366. county, riding or division, or of the mayor or other head officer, or justice of peace for any city or town corporate, where such offence is or shall be committed, or that shall be thereof convicted by oath of one witness, or by the confession of the party offending, before any justice of peace of the county, or mayor, or bailiff, or other chief officer or justice of the peace of such city or town corporate, where the said offence shall be committed; that then, for every such offence, the party so offending shall forfeit and pay to the use of the poor of the parish where such offence or offences shall be committed, the respective sums hereinafter mentioned (that is to say) every servant, day labourer, common soldier, and common seaman, one shilling, and every other person, two shillings; and in case any of the persons aforesaid shall after conviction offend a second time, such person shall forfeit and pay double; and if a third time, treble the sum respectively by him or her to be paid for the first offence.

To be levied by distress.

II. And it is hereby further enacted, that upon neglect or refusal of payment of the said forfeiture, any justice of peace of the county, riding or division, or mayor or other head officer, or justice of peace of any city or town corporate, where the said offences shall be committed, shall and are hereby authorized and required to direct and send his warrant to the constable, tithingman, churchwarden or overseer of the poor of the parish where the offence shall be committed, or where the offender shall inhabit, thereby commanding them, or some one or more of them, to levy, by distress and sale of the goods of the offender, the sum so forfeited, for the use of the poor of the parish, as aforesaid; and in case no such distress can be had, then every such offender, being above the age of sixteen years, in the stocks. shall, by warrant under the hand and seal of the said justice of peace, or other officer as aforesaid, be publicly set in the stocks for the space of one hour for every single offence, and for any number of offences whereof he shall be convicted at one and the same time, then two hours; and if the party offending be under the age of sixteen years, and shall not forthwith pay the said forfeitures, then he or she shall, by warrant as aforesaid, be whipped by the constable, or by the parent, guardian or master of such offender, in the presence of the constable.

If no distress, offen

der to be put

£5 penalty upon justice

III. And be it further enacted, that if any justice of the peace, or of peace not chief magistrate, shall wilfully and wittingly omit the performance executing of his duty in the execution of this act, he shall forfeit the sum of

the act.

five pounds; the one moiety to the use of the informer, to be recovered by action, suit, bill or plaint, in any of his majesty's courts at Westminster, wherein no essoin, protection or wager of law shall be allowed, nor any more than one imparlance.

issue, &c.

IV. And it is hereby further enacted, that if any action or suit Officer sued for executing shall be commenced or brought against any justice of peace, consta- this act may ble or other officer or person whatsoever, for doing or causing to be plead general done any thing in pursuance of this act, concerning the said offences, the defendant in such action may plead the general issue, and give the special matter in evidence; and if upon such action verdict be given for the defendant, or the plaintiff become nonsuit, or discontinue his action, then the defendant shall have treble costs.

V. Provided always, and it is hereby enacted, that no person shall Time for prosecuting be prosecuted or troubled for any offence against this statute, unless upon this the same be proved or prosecuted within ten days next after the act. offence committed.

in churches,

VI. And it is further enacted by the authority aforesaid, that this To be read act shall be publicly read four several times in the year in all &c. parish churches, and all public chapels, by the parson, vicar or curate of the respective parishes or chapels, immediately after morning prayer, on four several Sundays (that is to say) the Sunday next after the four and twentieth day of June, the nine and twentieth day of September, the five and twentieth day of December, and the five and twentieth day of March, under the pain of twenty shillings for every such omission or neglect.

to be regis

VII. And be it further enacted by the authority aforesaid, that Convictions the justices of peace, mayor or other head officer, shall register in a tered. book to be kept for that purpose, all the convictions made before him upon this act, and the time of making thereof, and for what offence, and shall certify the same to the next general quarter sessions of the peace for the said county or place where the offences are committed, to be there kept upon record by the respective clerks of the peace, to be seen without fee or reward.

9 & 10 WILLIAM 3, CAP. 32.-An act for the more effectual suppressing of blasphemy and profaneness.-Whereas many persons have of late years openly avowed and published many blasphemous and impious opinions, contrary to the doctrines and principles of the christian religion, greatly tending to the dishonor of Almighty God, and may prove destructive to the peace and welfare of this kingdom: wherefore for the more effectual suppressing of the said detestable crimes, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that if any person or persons, having been Persons denying the educated in, or at any time having made profession of the christian Trinity, or religion within this realm, shall by writing, printing, teaching, or asserting there are advised speaking, deny any one of the persons in the holy Trinity more Gods than one, or to be God, or shall assert or maintain there are more Gods than one, denying the or shall deny the christian religion to be true, or the holy scriptures christian of the old and new testament to be of divine authority, and shall be true, &c. upon indictment or information in any of his majesty's courts at being conWestminster, or at the assizes, be thereof lawfully convicted by the of, disabled to

VOL. IV.

с

religion to

victed there

hold any office, &c.

oath of two or more credible witnesses; such person or persons for the first offence shall be adjudged incapable and disabled in law, to all intents and purposes whatsoever, to have or enjoy any office or offices, employment or employments, ecclesiastical, civil or military, or any part in them, or any profit or advantage appertaining to them, or any of them and if any person or persons so convicted as aforesaid, shall at the time of his or their conviction, enjoy or possess any office, place or employment, such office, place or employment Further dis- shall be void, and is hereby declared void: and if such person or second time persons shall be a second time lawfully convicted as aforesaid, of all or any the aforesaid crime or crimes, that then he or they shall from thenceforth be disabled to sue, prosecute, plead or use any action or information in any court of law or equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to bear any office, civil or military, or benefice ecclesiastical for ever within this realm, and shall also suffer imprisonment for the space of three years, without bail or mainprize, from the time of such conviction.

abilities if a

convicted

thereof.

No prosecu tion unless

II. Provided always, and be it enacted by the authority aforesaid, information that no person shall be prosecuted by virtue of this act, for any be given in words spoken, unless the information of such words shall be given oath before one or more justice or justices of the peace, within four days after such words spoken, and the prosecution of such offence be within three months after such information.

four days after words spoken, &c.

Person for the first

offence, (on renouncing

his opinion in four months after conviction)

shall be dis

charged from penalty, &c.

upon

III. Provided also, and be it enacted by the authority aforesaid, that any person or persons, convicted of all or any of the aforesaid crime or crimes, in manner aforesaid, shall for the first offence (upon his, her, or their acknowledgment and renunciation of such offence or erroneous opinions, in the same court where such person or persons was or were convicted, as aforesaid, within the space of four months after his, her, or their conviction) be discharged from all penalties and disabilities incurred by such conviction; any thing in this act contained to the contrary thereof in anywise notwithstanding.

19 GEORGE 2, CAP. 21.-An act more effectually to prevent profane cursing and swearing.-Forasmuch as the horrid, impious, and execrable vices of profane cursing and swearing (so highly displeasing to Almighty God, and loathsome and offensive to every christian) are become so frequent and notorious, that unless speedily and effectually punished, they may justly provoke the divine vengeance to increase the many calamities these nations now labour under: and whereas the laws now in being for punishing those crimes, have not answered the intents for which they were designed, by means of difficulties attending the putting such laws in execution: for remedy whereof, may it please your most excellent majesty, that it may be enacted; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the first day of June one thousand seven hundred and forty-six, if any person or persons shall profanely curse or swear, and be thereof convicted on the oath of any one or more witness or witnesses, before any one justice of the

peace for any county, city, riding, division or liberty, or before the mayor, justice, bailiff, or other chief magistrate of any city or town corporate, or by the confession of the party offending, every person or persons so offending, shall forfeit and lose the respective sums hereinafter mentioned; (that is to say)

Every day labourer, common soldier, common sailor, and common The penalty seaman, one shilling;

of profane cursing and

And every other person under the degree of a gentleman, two swearing. shillings;

And every person of or above the degree of a gentleman, five shillings.

And in case any such person or persons shall, after conviction, offend a second time, every such person shall forfeit and lose double; and for every other offence after a second conviction, treble the sum first forfeited by any offender, for profane cursing and swearing as aforesaid.

the hearing

tice, &c. to

without

II. And be it further enacted by the authority aforesaid, that in Profane case any person or persons shall profanely swear or curse, in the swearers in presence and hearing of any justice of the peace for any county, of any jusriding, division or liberty; or in the presence or hearing of any be convicted mayor, justice, bailiff, or other chief magistrate of any town corporate; every such justice, mayor, or other chief magistrate as aforesaid, shall and is hereby authorized and required to convict every such offender of such offence (in the form and manner hereinafter set forth) without any other proof whatsoever.

other proof.

&c. to seize

swearing, if

them before

is to convict

III. And be it further enacted by the authority aforesaid, that in Constables, case any person or persons shall profanely swear or curse, in the persons presence and hearing of any constable, petty constable, tithingman, profanely or other peace officer, it shall and may be lawful for any and unknown, every such constable, petty constable, tithingman, or other peace officer, and they and each of them are hereby authorized and required (in case any such person shall be unknown to such constable, petty constable, tithingman, or other peace officer) to seize, secure, and detain such offender or offenders, unknown to him or them as aforesaid; and such offender or offenders forthwith to and bring carry before the next justice of the peace for the county, riding, the next jusdivision, or liberty, or before the mayor, justice, bailiff, or other tice, &c. who chief magistrate of the town corporate, wherein such offence was them on the committed; and the said justice, mayor, or other chief magistrate, officer's oath; is hereby authorized and required, on the oath of such constable, petty constable, tithingman, or other peace officer, to convict the offender in manner and form hereinafter directed: and in case any and if they such person so profanely swearing or cursing, in the presence or information hearing of any such constable, petty constable, tithingman, or other to be made. peace officer, shall be known to any of them, every such constable petty constable, tithingman, or other peace officer, shall and is hereby required speedily to make information before some justice of the peace for the county, riding, division or liberty, mayor, justice, bailiff, or chief magistrate of any town corporate as aforesaid, in order that the offender or offenders may be by such justice, mayor, bailiff, or other chief magistrate convicted thereof, and punished for the same, in manner and form as in and by this act is directed.

are known,

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