| Chap. 46. |
Games unlawful.
Masters Houses, and by their Masters Licence; or Serving men within
the
Precinct of their Masters House, Garden, or Orchard, and by their Masters
License. Also no manner of person shall at any time play at Bowls
in any
open places, out of his Garden or Orchard. P. 4. |
91 |
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And the said Statute seemeth to make all Games
unlawful, save
Shooting in the long Bow, that being a great defence for the Realm, and
a meet exercise for all manner of persons to use, and a means to prevent
or divert Men from other unlawful, crafty, and deceitful Games, and from
the inordinate and common haunting of Ale houses and Tipling. |
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Every Justice of Peace finding or knowing any person
to exercise or use
any of the aforenamed unlawful Games (contrary to this Statute of 23
H. 8. cap. 9.) may commit him to Ward, there to remain without
Bail,
until he become bound (in such sum of Mony as he the said Justice shall
think reasonable in his discretion) that he shall not from henceforth use
such
unlawful Games. Ibid. |
|
33 H. 8.
c. 9. |
The Penalties for Artificers, Husband men, Laborers,
Apprentices,
Servants at Husbandry, Journy man, or Servant of Artificers, Mariners
Fishermen, Watermen, or Serving men, Playing at Tables, Tennis, Dice,
Cards, Bowls, Clash, &c. out of Christmas, is Forty shillings, and
in Christmas
time to play in their Masters House or presence. |
§. 4.
Penalties. |
| Ibid. |
The Penalty for keeping a House of unlawful Games,
is Forty shillings per
diem. |
|
| Ibid. |
The Penalty for resorting thither, or playing
there, is Six shillings and eight
pence for every time. |
|
| Ibid. |
Majors, Sheriffs, Constables, and Head-officers,
&c. shall once a
Month search places suspected, or forfeit for every Month Forty shillings. |
|
| Ibid. |
All Majors, &c. and Head-officers, shall
four times every year, Proclaim
this Statute in the Market. And all Justices of Peace shall
Proclaim
the same in their Sessions. |
§. 5. |
| 31 Eliz. c. 5. |
All Suits upon the Statutes of unlawful Games,
shall be heard, sued, and
prosecuted, at the Assizes or Sessions of the County where the offence
is committed,
and not out of the County. |
|
2 & 3 Ph.
& Ma. c. 9. |
Every License, Placard, or Grant, made to any
person for having keeping
any Bowling Alley, Dicing Houses, or other unlawful Games, prohibited by
the Laws of the Realm, shall be void. |
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Although these Games aforenamed, are by Statute
prohibited as unlawful
for some places, persons, and times; yet are they not unlawful or
evil of themselves, but are matters of Recreation and Pleasure, (though
some of them more vain and more idle than others:) And the King by
his
Prerogative may tolerate and license the moderate use of all such Games,
as
it shall seem good to His Majesty, co. 11. 85. b. |
§. 6. |
* B. Baily.
400.
Dr. Wellet,
498.
M. Perkins. |
Note also, That playing at Cards, Dice, and the
like, are not prohibited
by the Common Laws of this Realm, (except that one be deceived
by false Dice, or false Cards; and then he that is deceived, may have his
Action of the Case for such Deceit;) neither are they malum in se, or
of
their own natures, for then none might be tolerated or licensed to use
them;
whereas the Statute doth except and tolerate certain persons, places and
times. And yet good * Divines do hold divers of these Recreations
to
be altogether unlawful, as being actions wherein we neither bless God,
nor look to receive a Blessing from God; nay, such as we dare not pray
to God for a Blessing on them, nor on our selves in the use thereof:
But
especially on the Sabbath-day all such Recreations and Games are holden
unlawful, For if lawful Works be forbidden on that day, much more |
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