Unlawful Games Act 1541

The Unlawful Games Act 1541[1]

Long title An Acte for Mayntenance of Artyllarie and debarringe of unlawful Games.[2]
Citation 33 Hen 8 c 9
Other legislation
Repealed by 8 & 9 Eliz. 2, c.60
Relates to 11 Hen IV, c. 4
Status: Repealed

The Unlawful Games Act 1541 (33 Hen 8 c 9), sometimes referred to as the Suppression of Unlawful Games Act 1541,[3] was an Act of the Parliament of England, designed to prohibit "Several new devised Games" that caused "the Decay of Archery".[4] All Men under the Age of sixty Years "shall have Bows and Arrows for shooting". Men-Children between Seven "Years and Seventeen shall have a Bow and 2 Shafts". Men about Seventeen "Years of Age shall keep a Bow and 4 Arrows". The penalty for nonobservance was set at 6s.8d.

Archery, which had been the key to Henry V's victory at the 1415 Battle of Agincourt, had been required of the labourers, servants, artificers, or victuallers as early as 1388 (12 Ric 2, c.6) and 1409 (11 Hen IV, c.4), and again in An Act concerning shooting in Long Bows (3 Hen 8, c.3) and the Act for Maintenance of Archery (6 Hen 8, c.2), among others.[5] In fact, the law of 1409 had as punishment six days' imprisonment; and reference is made herein to an act in the Parliament at Canterbury of Richard the Lionheart.

John Warleman of St Mary Magdalen Oxford was prosecuted for fixing a game of Le Tenyse. while the Tudor kings played on:[6]

Item duodecim jurati presentant quod quidam Iohannes Warleman de parochia sancte Magdalene recepit diatim infra domum suam diversos homines ludentes ad pilam vocat le Tenyse & alia joca illicita.

18th century dice players

So much of the Unlawful Games Act 1541 whereby any game of mere skill, such as bowling, coyting, cloyshcayls, half bowl, tennis, or the like, was declared an unlawful game, or which enacted any penalty for playing at any such game of skill as aforesaid, or which enacted any penalty for lacking bows or arrows, or for not making and continuing butts, or which regulated the making, selling, or using of bows and arrows, and also so much of the said Act as required the mayors, sheriffs, bailiffs, constables, and other head officers within every city, borough, and town within the Realm, to make search weekly, or at the farthest once a month, in all places where houses, alleys, plays, or places of dicing, carding or gaming were suspected to be had, kept and maintained, was repealed by section 1 of the Gaming Act 1845 (8 & 9 Vict c 109).

So much of the Unlawful Games Act 1541 as made it lawful for every master to license his or their servants, and for every nobleman and other having manors, lands, tenements or other yearly profits for term of life, in his own right or in his wife's right, to the yearly value of an hundred pounds or above, to command, appoint or license, by his or their discretion, his or their servants or family of his or their house or houses to play at cards, dice or tables, or any unlawful game, as therein more fully set forth, was repealed by section 1 of the Gaming Act 1845, which further enacted that no such commandment, appointment or licence was to avail any person to exempt him from the danger or penalty of playing at any unlawful game or in any common gaming house.

Part of the Unlawful Games Act 1541 was repealed by section 4 of 3 Geo 4 c 41 and by the Statute Law Revision Act 1863.

The Statute Law Revision Act 1948 repealed Sections 11 to 13, part of Section 8, and the preambulatory words "by reason therof Archerie ys sore decayed, and dayly is lyke to be more mynished..."[7] Archery could not compete with the nefarious pursuits of cricket, dicing, and carding.[8]

The remainder of the whole Act was repealed by section 15 of, and Part I of Schedule 6 to, the Betting and Gaming Act 1960 (8 & 9 Eliz. 2, c.60).[9][10][11]

The Act forbade all sport on Christmas Day with the exception of archery practice, meaning that footballers who played on Christmas Day before 1960, when the Football League routinely scheduled fixtures for 25 December, had technically broken the law.[12]

Section 5

This is section 7 in Ruffhead's Edition. It was of a local character.[13]

See also

References

  1. ↑ The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. ↑ (1950) 48 Knight's Local Government and Magisterial Reports 177, 180 and 681 , (1950) 85 Weekly Notes xvi
  4. ↑ duhaime.org: "Crazy Laws - English Style (1482-1541)" 9 Aug 2006
  5. ↑ forbes.com: "Britain's Archery Mandate" (Underhill) 16 Jun 2010
  6. ↑ Did you know that tennis was once illegal? St Luke's Church "Luke & Learn" 1 Jul 2004, Issue 5, p.2
  7. ↑ utexas.edu: "Statute Law Revision Act 1948" (11&12 Geo 6, c.62)
  8. ↑ spectator.co.uk: "LEGAL COBWEBS" 16 SEPTEMBER 1948, Page 12 (RH Cecil)
  9. ↑ lawcommission.justice.gov.uk: "Legal Curiosities: Fact or Fable?" March 2013
  10. ↑ "25 J. Crim. L. 149 (1961): The Betting and Gaming Act, 1960
  11. ↑ nationalarchives.gov.uk: "Discussions leading to Betting and Gaming Act, 1960"
  12. ↑ see e.g. 11 Hen 4, c.4; 12 Ric 2, c.6; and 7 Ric
  13. ↑ The Statutes: Revised Edition. Volume I. Eyre and Spottiswoode, Printers to the Queen. London. 1870. Page lxxiv.
This article is issued from Wikipedia - version of the Friday, April 10, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.