London in the Time of the Stuarts

by Walter Besant

To the end therefore that the laws may become a terror unto evil-doers, and that such, in whose hearts the fear of God and the love of virtue shall not prevail, being forewarned, may amend their lives for fear of punishment, his Lordship hath thought fit to remember them of several penalties provided by law against notorious offenders: as also of all Constables and Public Officers (who are to put the said laws in execution) of their duty therein.

First, every profane curser and swearer ought to be punished by the payment of twelve pence for every oath: and if the same cannot be levied upon the offender’s goods, then he is to sit three hours in the stocks.

Secondly, every drunkard is to pay for the first offence five shillings: and in default thereof to sit six hours in the stocks, and for the second offence to find sureties for the good behaviour or to be committed to the common gaol: and the like punishment is to be inflicted upon all common haunters of ale-houses and taverns, and common gamesters, and persons justly suspected to live by any unlawful means, having no visible living. And no person is to sit or continue tipling or drinking more than one hour, unless upon some extraordinary occasion, in any tavern, victualling-house, ale-house, or other tipling-house, upon the penalty of ten shillings for every offence upon the master of such house: and upon the person that shall so continue drinking, three shillings four pence.

Thirdly, every person maintaining houses suspected of common bawdry, by the law, is to find sureties for their good behaviour: likewise all night-walkers, and persons using that impudent and insufferable practice of attempting others’ modesty in the streets, are to be punished at the House of Correction, and find sureties for their good behaviour.

Fourthly, all persons using any unlawful exercises on the Lord’s Day, or tipling in taverns, inns or ale-houses, and coffee-houses, during divine service on that day, are to forfeit three shillings four pence for every offence, to be levied by distress, and where none can be had to sit three hours in the stocks: and every vintner, inn-keeper, or ale-house keeper that shall suffer any such drinking or tipling in his house is to forfeit ten shillings for every offence: and no person may sit in the streets with herbs, fruits, or other things, to expose them to sale, nor no hackney coachman may stand or ply in the streets on that day.

And therefore all Constables and other officers, whom it doth or may concern, are required according to their oaths solemnly taken in that behalf, to take care for discovering and bringing to punishment whosoever shall offend in any of the premises: and for that end they are to enter into any suspected houses before mentioned to search for any such disorderly persons as shall be found misbehaving themselves, or doing contrary to the said laws, and to levy the penalties, and bring the offenders before some of his Majestie’s Justices of the Peace of this City, to be dealt withall according to law.

And whereas there are other disorders of another nature very dishonourable, and a great scandal to the government of this City, and very prejudicial to the trade and commerce of the same: his lordship, therefore, is resolved by God’s blessing, with the assistance of his brethren the Aldermen, to use his utmost endeavour to prevent the same, by putting in execution the good and wholesome laws in force for that purpose, with all strictness and severity: some of which he hath thought fit to enumerate, with the duties and penalties upon every Constable and other officers concerned therein.

At first the great resort of rogues, vagrants, idle persons, and common beggars, pestring and anoying the streets and common passages, and all places of publick meetings and resort, against whom very good provision is made by the law, viz.:—

That all such persons shall be openly whipped, and forthwith sent from parish to parish to the place where he or she was born, if known: if not, to the place where he or she last dwelt for the space of one year, to be set to work: or not being known where he or she was born or dwelt, then to be sent to the parish where he or she last passed through without punishment.

That every Constable that shall not do his best endeavour for the apprehension of such vagabond, rogue, or sturdy beggar, and cause him or her to be punished or conveyed according to law, shall forfeit ten shillings for every default.