The Law

After the civil wars, the law against enclosure was not enforced.

What was passed in Parliament in Cromwell's time were called statutes, but after Cromwell's time, these statutes were not recognized as legitimate.

"whereas Public Sports do not well agree with Public Calamities, not Public Stage-plays with the Seasons of Humiliation, this being an Exercise of sad and pious Solemnity, and the other being Spectacles of Pleasure, too commonly expressing lascivious Mirth and Levity ... Public Stage Plays shall cease, and be forborne instead of which are recommended to the People of this Land the profitable and seasonable considerations of Repentance, Reconciliation, and Peace with God, ..."

No book or pamphlet may be printed, bound, stitched, or sold or imported unless licensed and entered into the Register Book of the Company of Stationers. Officials of this company and of Parliament may search all places which they shall think meet for all unlicensed printing presses and all suspected printing houses, warehouses, and shops and other places for unlicensed books and pamphlets and papers and seize them and apprehend all authors, printers, and other involved people and bring them before Parliament or the Committee on Examinations for punishment. Justices of the peace and other officers may order doors and locks broken for this purpose. The fine is ten pounds for authors, five pounds for printers, two pounds for booksellers, and one pound for buyers who conceal a book bought. One half of each fine shall go to the person who discovers and prosecutes the offender, and the other half shall go to the poor. This law suppressed royalist newspapers but was enforced only with great difficulty.

All shall observe Sunday and days of Thanksgiving in their "duties of Piety and true Religion publicly and privately" and none may sell wares or goods, including fruit or herbs upon pain of forfeiture of such. None may, without reasonable cause, travel, carry burdens, or do any worldly labors or work whatsoever or pay a fine of 10s. This work shall include grinding grain, fulling in mills, burning turf or earth, gathering taxes, melting wax for candles, brewing, baking, butchering cattle, tailors fitting or carrying clothes, barbers trimming hair, being present at fairs or markets, or washing, whiting, or drying clothes. Nor may any one maintain or be present at wrestlings, shooting, bowling, ringing of bells for pleasure or pastime, masks, wake, church-ale, dancing, games, sport or, for those over 14, forfeit 5s., and for those having care or education of a child under 14, 12d. Maypoles, a "Heathenish vanity, generally abused to superstition and wickedness", shall be taken down by officers or else forfeit 5s. per week. If any offender can't pay his fine, he shall be put in the stocks for three hours. However meat maybe dressed in private families, and victual sold in inns and victualing houses in a moderate way, and milk sold before 9a.m. or after 4p.m.

Persons of the trinity, angels, or saints shall be demolished. Altar and communion tables must not be raised but leveled. There may be no copes, surplices, superstitious vestments, or holy water fonts. There may be no crosses, crucifixes, pictures of the trinity, angels or saints on plates. All organs must be taken away.

The fine for using the Book of Common Prayer is five pounds for the first offense, ten pounds for the second offense, and one year imprisonment without bail for the third offense. The penalty for writing or preaching against the Directory for Public Worship is five to fifty pounds.

Blasphemies and heresies such as teaching or writing or printing that there is no God, that God is not almighty, that Jesus was not divine, that the resurrection of Jesus did not occur, that the Bible is not the word of God, or that there is no judgment day after death, are felony without benefit of clergy. If such an offender recants, he shall stay in gaol until he obtains two sureties. If he offends again after recantation, it is felony without benefit of clergy.

In 1650 adultery was declared to be a felony, except for a wife whose husband had been beyond the seas for three years or had been reputed to be dead. Incest was also declared to be a felony. It was defined as marrying or having carnal knowledge of one's grandparent, parent, sibling, mother's brother or sister, father's wife, mother's husband, son's wife, daughter's husband, wife's mother or daughter, or husband's father or son. Fornication was given a punishment of three months imprisonment and until security was obtained for one year for good behavior. It was defined as carnal knowledge of a virgin, unmarried woman, or widow. A common bawd or one keeping a brothel or bawdy house was to be whipped, set in the pillory, marked in the forehead by a hot iron with the letter: B, and then imprisoned for three years without bail and until there were sureties for good behavior for life. The second offense was felony without benefit of clergy. There was to be no corruption of the blood. However, juries were reluctant to convict for adultery and incest.

There shall be no profane swearing or cursing of forfeit by a lord 30s., a baronet or knight 20s., an esquire 10s., a gentleman 6s.8d., and all others 3s.4d.There is a double fine for the second offense. For the tenth offense, the offender shall be bound by sureties for good behavior for three years.

A person equating himself or another with God or not believing in God shall be imprisoned for six months without bail. For the second offense, he shall be banished from the nation.

No longer shall people be punished for nonattendance at church on Sunday or days of Thanksgiving, but may be at some other place of prayer, preaching, reading, or the scriptures.

Hawkers and ballad singers have been libelous, so are to be whipped as common rogues and then dismissed. Also, their ballads and pamphlets are to be confiscated. Vagrant, idle, loose, dissolute and disorderly persons and fiddlers in inns, alehouses, and taverns are to be punished as rogues, vagabonds, and sturdy beggars, that is, whipped.

In 1649, treason against Parliament was defined as writing, printing, or declaring that the government is tyrannical, usurped, or unlawful; or that Parliament is not the supreme authority of the nation; or plot, contrive, or endeavor to stir up or raise force against the government. Attainder for such would not work corruption of the blood.

Treason to the Protector was defined the same as it was to the King.

Army deserters are to be corporally punished or executed.

Fellable wood and underwood, but no timber trees, may be cut within 60 miles of London because fuel is needed, especially by the poor. This will be supervised by overseers appointed by Parliament.

No one may import foreign hats or hatbands to relieve that industry in England.

As of 1656, certain food could not be exported when the prices of such exceeded a stated amount. For instance, 5 pounds for a 36 gallon barrel of beef, 6d. for a pound of bacon, 4 pounds and 10s. for a 224 gallon barrel of butter, and 24s. for 64 pounds of rye, pease, or beans. The customs for such items was more for foreigners than for natives, for instance 3s. for natives and 5s. for foreigners for a barrel of beef.

Butter for sale must not be corrupt and be properly weighed.

One must obtain a license to buy wheat or other grain and put it to sale in meal or flour or else forfeit three times the value.

All books of the law, writs, pleadings, and patents shall be in English or else forfeit 20 pounds.

No deer may be killed or else forfeit 15 pounds, half to the informer and half to the poor.

Interest may not exceed 6 pounds for a loan of 100 pounds yearly as of 1651.

No goods are to be imported from America, Asia, or Africa except in English ships or else forfeit all goods and the ship, one half of which goes to the one who seizes the goods and prosecutes. None may be imported from Europe except in English ships or ships from the country of origin of the goods. No salt fish may be imported or exported but in English vessels.

There is a 10 pound reward for discovery of highwaymen and burglars or persons who break and enter into houses and there use violence.

No cart or wagon or carriage on the road may be drawn by more than five horses or six oxen and a horse except for military vehicles.

Notice of intended marriages shall be published once a week for three weeks in a public meeting place called church or a public market place next to church. Exceptions to the marriage shall be noted by the Register and considered by the Justice of the Peace before the marriage is performed. The words used shall be: "...promise to be unto thee a loving and faithful husband..." and "promise to be unto thee a loving, faithful, and obedient wife...".

There shall be no cock-fighting because it disturbs the peace and usually is accompanied by gaming, drinking, swearing, and quarreling.

Anyone challenging or accepting a challenge to duel shall be imprisoned for six months without bail, and must acquire two sureties for a year. Anyone fighting a duel in which death ensues, shall be banished for life.

Horse races were forbidden in 1654 for six months to discourage mischievous plots and designs by enemies of the state. The penalty was forfeiting the horse. Attendees were to be brought to justice.

As of 1657, a house or building built within ten miles of the walls of the City of London not having at least four acres had to pay a fine of one year's rent. All houses within London or Westminster or the suburbs must be brick or stone, and built straight up without protruding into the street or else forfeit 100 pounds.

As of 1657 persons living extravagantly without visible estate or calling may be made by Justices of the Peace to acquire sureties for good behavior or go to gaol. They would also be sent to the house of correction to work for three months for the first offense and for a time specified by the Justice of the Peace for the second offense.

Anyone winning at betting or playing at cards, dice, tennis, and horse races shall forfeit double his winnings.

Excluded from pardon were buggery with man [sodomy] or animal [bestiality], carnal ravishment of women, and bigamy.

Drunkenness was much punished.

Husbands were responsible for their wives' oaths and fathers for their daughters'.