PART II. CLASS II. Anno 19 GEO. II. Cap. 21. An Act more effectually to prevent profane Cursing and 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 herein-after mentioned; (that is to say,) The penal- Every day labourer, common soldier, common sailor, and common seaman, one shilling; ty of profane cursing and swearing. Profane the hear And every other person under the degree of a gentleman, two 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. II. And be it further enacted by the authority aforesaid, swearers in That in case any person or persons shall profanely swear or ing of curse, in the presence and hearing of any Justice of the Justice, &c. Peace for any county, riding, division, or liberty; or in the to be con- presence or hearing of any Mayor, Justice, Bailiff, or other victed with-chief magistrate of any town corporate; every such Jus any out other proof. II. tice, Mayor, or other chief magistrate as aforesaid, shall PART II. and is hereby authorized and required to convict every CLASS such offender of such offence (in the form and manner Stat. 19 herein-after set forth) without any other proof whatsoever. G. 2. c. 21. III. And be it further enacted by the authority afore-Constables, said, That in case any person or persons shall profanely &c. to seize swear or curse, in the presence and hearing of any Consta- persons ble, Petty Constable, Tythingman, or other Peace Officer, it profanely shall and may be lawful for any and every such Constable, if unswearing, Petty Constable, Tythingman, or other Peace Officer, and known; they and each of them are hereby authorized and required (in case any such person shall be unknown to such Constable, Petty Constable, Tythingman, 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 carry before the next Justice of the Peace for the county, riding, division, or liberty, or before the Mayor, Justice, Bailiff, or other chief magistrate of the town corporate, wherein such offence was committed; and the said Justice, Mayor, or other chief magistrate, is hereby authorized and required, on the oath of such Constable, Petty Constable, Tythingman, or other Peace Officer, to convict the offender in manner and form herein-after directed: and in case any such person so profanely swearing and if they or cursing, in the presence or hearing of any such Consta- are known, ble, Petty Constable, Tythingman, or other Peace Officer, tion to be shall be known to any of them, every such Constable, Petty made. Constable, Tythingman, 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 chief magistrate convicted thereof, and punished for the same, in manner and form as in and by this Act is directed. informa der offend IV. And be it further enacted by the authority aforesaid, Justices, That every such Justice of the Peace, Mayor, or other &c. to orchief magistrate as aforesaid, shall immediately upon in- er to apformation given upon oath of any such Constable, Petty pear, &c. Constable, Tythingman, or other Peace Officer, or of any penalty, to other person whatsoever, cause the offender or offenders to security appear before him; and upon such information being given, or proved as aforesaid, convict such offender or offenders in offender to such manner as in and by this Act is prescribed. And in ted for ten case such offender or offenders shall not immediately pay days to be commit No. 3. PART II. down the respective sum so forfeited, or give security to CLASS 11. the satisfaction of such Justice, Mayor, or other chief maStat. 19 gistrate, before whom such conviction is made, it shall and G. 2. c. 21. may be lawful for such Justice, Mayor, or other chief magistrate, to commit the offender to the House of CorrecCorrection. tion for the county, riding, division, liberty, city, or town corporate, where such offence shall be committed, there to remain, and be kept to hard labour for the space of ten days. House of &c. not Common V. Provided always, and it is hereby enacted by the ausoldiers, thority aforesaid, That in case any common soldier belonging to any regiment in his Majesty's service, or any common paying penalty, &c. sailor or common seaman belonging to any ship or vessel, shall be convicted of profane cursing or swearing as aforesaid, and shall not immediately pay down the penalty by him forfeited, or give security for the same as aforesaid, and also the cost of the information, summons, and conviction, as in and by this Act is directed; every such common soldier, common sailor, or common seaman, instead of being committed to the House of Correction, as by this Act is directed, shall by the said Justice, Mayor, Bailiff, or other head officer, be ordered to 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, two hours. Set in stocks. Justices, VI. And be it further enacted by the authority aforenot doing said, That if any Justice of the Peace of any county, their duty, riding, division, or liberty, Mayor, Justice, Bailiff, or other chief magistrate of any town corporate, shall wilfully and wittingly omit the performance of his duty, in the execuforfeit 51. tion of this Act, he shall forfeit and lose the sum of five pounds; one moiety thereof to the use of the informer, and the other moiety thereof to the use of the poor of the parish wherein such Justice, Mayor, or other chief magistrate shall reside; to be recovered by action, suit, bill, or plaint, in any of his Majesty's Courts of Record at Westminster; wherein no essoin, protection, or wager of law shall be allowed, or more than one imparlance. Constables, VII. And be it further enacted by the authority aforenot doing said, That if any Constable, Petty Constable, Tythingman, their duty, or other Peace Officer, shall wilfully and wittingly omit the performance of his duty in the execution of this Act, and be thereof convicted by the oath of one witness, before any Justice of the Peace for any county, riding, division, or liberty, or before the Mayor, Justice, Bailiff, or other chief magistrate of any town corporate, every such Constable, No. 3. Petty Constable, Tythingman, or other Peace Officer so of- PART II. fending, shall forfeit and lose the sum of forty shillings; to CLASS II. be levied and recovered by distress and sale of the offender's Stat. 19 goods and chattels, by virtue of a warrant under the hand G. 1. c. 21. and seal of such Justice, Mayor, or other chief magistrate, and to be disposed of, one moiety thereof to the use of the forfeit 40s. informer, and the other moiety to the use of the poor of the parish where such offence shall be committed; and in and for case such offender shall not have sufficient goods and chat- want of distels whereon to levy the said penalty, it shall and may be committed lawful for such Justice, Mayor, or other magistrate, to for one commit such offender to the House of Correction for the month to county, riding, division, liberty, city, or place, there to re- of Correc main, and be kept to hard labour for the space of one tion. month. VIII. And be it further enacted by the authority aforesaid, That all and every Justice of the Peace for any county, riding, division, or liberty, and all and every Mayor, Justice, Bailiff, or other chief magistrate of any town corporate, before whom any person or persons shall be convicted of profane swearing or cursing, shall cause the conviction to be drawn up in the words and form following: Middle- BE it remembered, that on the sex in the tress, to be the House day of Form of year of his Majesty's conviction, to wit. reign, A. B. was convicted before me (one of his Majesty's Justices of the Peace for the County, Riding, Division, or Liberty_aforesaid; or before me Mayor, Justice, Bailiff, or other Chief Magistrate of the City or Town of within the County of the case shall be) of swearing one or more profane Oath or Oaths, or of cursing one or more profane Curse or Curses, as the case shall be. as Given under my Hand and Seal the Day Which said form and conviction shall not be liable to be ment, and Sessions. PART II. of the Peace, and remain and be kept amongst the records CLASS II. of the said county. No. 3. Stat. 19 IX. And be it further enacted by the authority aforeG. 2. c. 21. said, That all and every Justice of the Peace for any county, riding, division, or liberty, and every Mayor, JusJustices, tice, Bailiff, or other chief magistrate of any city or town this Act in corporate may, and they are hereby authorized and reexecution quired to put this Act in execution against any person or indiscrimi- persons within their several jurisdictions, although such Jus &c. to put nately. Penalties tice, Mayor, Bailiff, or other chief magistrate shall be rated and pay to the relief of the poor of any parish, town, or place, where any offence, contrary to the true intent and meaning of this Act, shall be committed; any law or statute to the contrary in any wise notwithstanding. X. And be it further enacted by the authority aforesaid, how to be That all and every penalty or penalties inflicted by this disposed of. Act, upon any person or persons for profane cursing and swearing, shall be disposed of for the benefit of the poor Offenders of the parish wherein such offence was committed; and to pay all that all charges of the information and conviction of any charges such offender shall be borne and paid by the party offendover and above the ing, if able, over and above the penalties inflicted by this penalties, Act, which charges shall be settled and ascertained by the Justice of Peace, Mayor, Bailiff, or other chief magistrate before whom such conviction shall be made. And in case such party shall not be able, or shall not immediately pay the said charges and expenses, or give security for the same to the satisfaction of such Justice of the Peace, Mayor, Bailiff, or other chief magistrate, it shall and may be lawful for the Justice, Mayor, Bailiff, or other chief magistrate before whom such information or conviction shall be made, or be com- to commit such offender to the House of Correction as mitted to aforesaid, there to remain and be kept to hard labour for of Correc- the space of six days, over and above such time for which tion for six such offender may be committed in default of payment of days extra- the penalties inflicted by this Act; and in such case no charges of information and conviction shall be paid by any person whatsoever. the House ordinary. General issue. XI. And it is hereby further enacted, That if any action or suit shall be commenced or brought against any Justice of the Peace, Constable, or other officer or person whatsoever, for doing, or causing to be done, any thing in pursuance of this Act concerning the said offences, the defendant in that 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 |