that behalf appointed by the vice-chancellors thereof for the time being respectively; (3) and that all powers and authorities either of imprisonment or otherwise before given or appointed by this Act, shall by the governors magistrates and principal officers abovesaid of either of the said Universities, be duly executed and done within either of the said Universities and the liberties and precincts of the same, according to the true intent and meaning of this Act. [Made perpetual by 21 Jac. 1. c. 7. §. 1.] [No. III. ] 4 James I. c. 5.-An Act for repressing the odious and loathsome Sin of Drunkenness. No. II. 1 Jac. I. c. 9. 4 Jac. I. c. 5. The Penalty of a Drunkard, WHEREAS the odious and loathsome sin of drunkenness is of late grown into common use within this realm, being the root and foundation of many other enormous sins, as bloodshed stabbing murder · swearing fornication adultery and such like, to the great dishonour of God and of our nation, the overthrow of many good arts and manual trades, the disabling of divers workmen, and the general impoverishing of 6 many good subjects, abusively wasting the good creatures of God:"" Alehouse. Drunkenness the Foundation of many other Sins, and the Cause of several Enormities. 1 Salk. 45 II. Be it therefore enacted by the King's most excellent Majesty, the The Forfeiture Lords Spiritual and Temporal and Commons in this present Parliament of him that is assembled, and by the authority of the same, That all and every person convicted of or persons, which after forty days next following the end of this present Drunkenness. Session of Parliament shall be drunk, and of the same offence of drunken- 7 Jac. 1. c. 10. ness shall be lawfully convicted, shall for every such offence forfeit and lose five shillings of lawful money of England, to be paid within one week next after his her or their conviction thereof, to the hands of the churchwardens of that parish where the offence shall be committed, who shall be accountable therefore to the use of the poor of the same parish: (2) And if the said person or persons so convicted shall refuse or neglect The Penalty for to pay the said forfeiture as aforesaid, then the same shall be from time to refusing or time levied of the goods of every such person or persons so refusing or being not able neglecting to pay the same, by warrant or precept from the same court to pay the Forjudge or justices before whom the same conviction shall be: (3) And if the feiture. offender or offenders be not able to pay the said sum of five shillings, then the offender or offenders shall be committed to the stocks for every offence, there to remain by the space of six hours. III. And be it further enacted by the authority aforesaid, That if any The Forfeiture constable or any other inferior officer of that parish or place where the of an inferior offence shall be committed, to whom that shall be given in charge by the Officer that precept of any mayor bailiff or other head officer or justices of the peace doth neglect to within their several limits, do neglect the due correction of the said do his Duty. offender, or the due levying of the said penalties where distress may be had; then every person so offending shall forfeit the sum of ten shillings of current money of England, to the use of the poor of the same parish or place where the offence shall be committed, to be levied by way of distress, by any other person or persons having warrant from any mayor bailiff or other head officer justices of peace or court where any such conviction shall be, and to be paid to the churchwardens as before limited, who are also to account for the same to the use aforesaid. per The Penalty for drinking in an Alehouse, &c. 7 Jac. 1. c. 10. IV. And be it further enacted by the authority aforesaid, That if any person or persons within this realm of England or the dominion of Wales shall continuing remain or continue drinking or tipling in any inn victualling-house or alehouse, being in the same city town village or hamlet wherein the said son or persons (so remaining drinking or tipling) doth dwell and inhabit at the time of such drinking and tipling; and the same being viewed and seen by any mayor or other head officer justice or justices of peace within their several limits, or duly proved in such manner and forin as is limited in hereto, and by one Act of Parliament made in the first session of this present Parliament, intituled, An Act to restrain the inordinate Haunting and Tip. ling in Inns Alehouses and other Victualling-houses, unless it be in such Further Provisions relating Car. 1. c. 4. 1 Jac, 1. c. 9. No. III. 4 Jac. I. c. 5. What Officers shall inquire of and punish the Offences committed against this Statute, and the Statute of 1 Jac. 1. c. 9. He that is the second Time convicted of Drunkenness shall be bound to his good be haviour. What Officers shall present the Offences aforesaid. case or cases as be tolerated or accepted in the said Act; that then every person or persons so offending shall forfeit and lose for every such offence the sum of three shillings and four pence of current money of England, to the use of the poor of the parish where the said offence shall be committed, to be levied by way of distress in such manner and form as is before appointed by this Act for the levying of the penalty of five shillings for being drunk: (2) And if it happen that any offender or offenders against the true intent of this clause or branch being thereof lawfully convicted be not able to pay the said forfeiture or forfeitures, then it shall and may be lawful for any mayor bailiff or other head officer justice or justices of peace or court where any such convictions shall be, to punish the said offender or offenders by setting him her or them in the stocks for every such offence by the space of four hours. V. For the more due execution of this statute, and for the better and more due proceeding against such offenders, all offences of drunkenness and of excess and unmeasurable drinking, (2) Be it further enacted by the authority of this present Parliament, That all the offences in this Act and in the said former Act mentioned, shall be from time to time diligently inquired of and presented before the justices of assizes in their circuit, justices of the peace in their quarter or ordinary sessions, and before the mayors bailiffs or other head officers of every city or town corporate, who have power to inquire of trespasses riots routs forces and such like offences, and in every court leet, and thereupon such due proceedings shall be against the offender and offenders for their due conviction in that behalf, as in such like cases upon any indictment or presentment is used by the laws of the realm, or customs of the city town or place where such presentment or indictment shall be inquired of and found. VI. And it is further enacted by the authority aforesaid, That if any person or persons, being once lawfully convicted of the said offence of drunkenness, shall after that be again lawfully convicted of the like offence of drunkenness, That then every person and persons so secondly convicted of the said offence of drunkenness shall be bounden with two sureties to our sovereign lord the King's Majesty his heirs and successors in one recognisance or obligation of ten pounds, with condition to be from thenceforth of good behaviour. VII. Be it further enacted by the authority aforesaid, That all constables churchwardens headboroughs tythingmen aleconners and sidemen shall in their several oaths incident to their several offices be charged in like sort to present the offences contrary to this statute. Enlarged by 21 Jac. 1. c. 7. sect. 5. No Restraint VIII. Provided always, That this Act or any thing therein contained of Ecclesiastical do not in any wise abridge or restrain the ecclesiastical power or jurisdicJurisdictions. tion, but that all ordinaries and other ecclesiastical justices and officers shall and may proceed to inquire of censure and punish all such offenders according to the ecclesiastical laws of this realm, in such manner and form as before they lawfully might do; any thing in this Act to the contrary notwithstanding. There shall be but one Punishment for one Offence. The Liberties of the Universities shall not be prejudiced. Within what fender shall be IX. Provided also, That when any of the offenders against the true intent of this Act, or any branch or article thereof, hath been once punished or corrected for his or her offence, by any the ways and means before limited, that then the said offender shall not be eftsoons punished or corrected for the same offence by any other ways or means. X. Provided always, That this Act or any thing therein contained shall not be prejudicial to either of the two Universities of this land, but that the chancellors masters and scholars and the successors of them and either of them may as fully use and enjoy all their jurisdictions rights privileges and charters as heretofore they have or might have done; any thing in this Act to the contrary notwithstanding. XI. Provide! always, That no person or persons shall be punished impeached or molested for any offence mentioned in this statute, unless he shall be for the same offence presented indicted or convicted within six months after such offence committed: (2) This Act to continue until the end of the first session of the next parliament. [Made perpetual by 21 Jac. I. c. 7. but see 21 Jac. I. c. 28. which only continues it to the end of the first session of the next parliament. Enforced as perpetual by 1 Car. I. c. 4.] The Continuance of this Act. No. IV. ] 21 James I. c. 7.-An Act for the better repressing of Drunkenness, and restraining the inordinate haunting of Inns, Alehouses and other Victuallinghouses. -No. HI. 4 Jac. I. c. 5. Man of Tip ling and Drunk enness. 5 & 6 Ed. VI. c. 25. WHEREAS one statute, intituled An Act to restrain the inordinate 21 Jac. I. e. 7. Haunting or Tipling in Inns Alehouses and other Victualling-houses The Statutes <made in the first year of his Highness happy reign of England, and of 1 Jac. 1. c.9. < another statute intituled An Act to repress the odious and loathsome Sin 4 Jac. 1. c. 5. of Drunkenness made in the fourth year of his Highness reign of Eng- made perpetual. • land, were made to continue to the end of the first session of the next 'Parliament, and by experience have been found good and necessary laws;' Be it therefore enacted, That the said statutes, with the alterations and additions hereafter expressed, shall be put in due execution and continue for ever: (2) And whereas by the said statutes proof of two One Witness witnesses is required,' Be it enacted, That proof of one witness from shall be suffi - henceforth shall be allowed and taken for sufficient in that behalf: cient to convict (3) And that the voluntary confession (before any such persons as by the said Act are authorised to minister the oath) of any person offending either of the said statutes shall suffice to convict the person so offending; (4) after such confession the oath of the party so confessing shall and may be taken, and be a sufficient proof against any other offending at The oath of the same time. him that confesseth the Offence shall be a sufficient proof against any other. II. And be it further enacted, That if any other person or persons,where- He that stays soever his or their habitation or abiding be, shall at any time hereafter be tipling in an found upon view or his own confession or proof of one witness to be Inn, &c. shall tipling in any inn alehouse or victualling-house, such person or persons incur the Peshall be from henceforth adjudged and construed to be within the said nalty inflicted statutes as if he or they had inhabited and dwelt in the city town corporate by 4 Jac. 1. market-town village or hamlet where the said inn alehouse or victualling- Burn V. 1. 29. house is or shall be where he or they shall be so found tipling, and shall incur the like penalty, and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit: (2) And the voluntary confession of such person or persons so offending before such as by the said statutes are authorised to minister the oath shall suffice to convict themselves; (3) and after such confession the oath of such person or persons so confessing shall and may be taken by such as by the said Act have authority to minister an oath, and shall be a sufficient proof against any other offending at that time. c. 5. 1 How. P. C. c. 78. kenness shall forfeit 5s. III. And be it further enacted, That any justice of peace in any county He that is conand any justice of peace or other head officer in any city or town corpo- victed of Drunrate within their limits respectively shall from henceforth have power and authority, upon his own view confession of the party or proof of one witness upon oath before him, which he by virtue of this Act shall have power to administer, to convict any person of the offence of drunkenness, whereby such person so convicted shall incur the forfeiture of five shillings for every such offence, and the same to be levied or the offender otherwise punished as in the said statute is appointed: And for the se- For the second cond offence he shall become bound to the good behaviour as if he had Offence he shall been convicted in open sessions: any thing in the said former statute be bound to the made in the fourth year of his Majesty's reign to the contrary not- good Behaviour. withstanding. IV. And be it further enacted, That if any person being an alehouse- An Alehouse. keeper, or that shall at any time hereafter be an alehouse-keeper, shall keeper offend ing shall be disabled from keeping an Alehouse Three Years after. No. IV. 21 Jac. 1. c. 7. 4 Jac. I. c. 5. Constables, &c. shall be charged (on their Oaths) to present the Offences committed against 1 Jac, 1. c. 9. 1 Cha. I. c. 4. 5 & 6 Ed. VI. c. 25. Foreigners, as tants, shall not be permitted to tipple in Inns, Alehouses, &c. 1 Jac. 1. c. 9. 4 Jac. 1. c. 5, at any time hereafter be lawfully convict for any offence against any the branches of either of the said two former statutes according to the alterations and additions therein contained, or against the true meaning of this present statute; that every person so convict shall for the space of three years next ensuing the said conviction be utterly disabled to keep any such alehouse. V. And whereas in the said statute made in the fourth year of his said Majesty's reign, intituled An Act to repress the odious and loathsome Sin of Drunkenness, constables churchwardens headboroughs tythingmen aleconners and sidemen are appointed in the oaths incident to their offices to be likewise charged to present the offences contrary to the said statute;' (2) Be it enacted, That the said oath shall always hereafter be also enlarged and extend to present all offences done contrary to the statute made in the first session of Parliament held in the first year of his Highness reign, intituled An Act to restrain the inordinate Haunting and Tipling in Inns and Alehouses and other Victualling-houses, with the alterations and additions in this Act contained, made in the said fourth year of his said Majesty's reign, according to the alterations and additions of the same in this Act expressed. 1 Car. I. c. 4. [ No. V. ] 1 Charles I. c. 4.-An Act for the further Restraint of Tippling in Iuns, Alehouses and other Victualling-houses. WHEREAS in the last Parliament it was enacted, That if any person or persons, wheresoever his or their habitation or abiding be, should 'after be found upon view or his own confession or proof of one witness 'to be tippling in an inn alehouse or victualling-house; such person or well as Inhabi-persons should be thenceforth adjudged and construed to be within the 'statutes of the first and fourth years of the late King's Majesty's reign King James of famous memory; the one intituled, "An Act to restrain the inordinate haunting of tippling in inns alehouses and other victualing-houses;" and the other intituled, "An Act to repress the odious and loathsome sin of drunkenness," as if he or they had inhabited and 'dwelled in the city town corporate market-town village or hamlet where 'the inn alehouse or victualling-house was or should be, where he or they 'should be so found tippling, should incur the like penalty, and the same 'to be in such sort levied and disposed as in the said Act is expressed 'concerning such as there inhabit; (2) but no punishment by any or ' either of the said Acts or by any other statute is inflicted upon the inn'keeper alehouse-keeper or victualler that permits or suffers such person or persons not there inhabiting to tipple in his inn alehouse or victuallinghouse:' (3) For remedy whereof, Be it enacted, That every innkeeper alehouse-keeper and other victualler that at any time after the end of this session of Parliament shall permit and suffer any person or persons not inhabiting in the city town corporate market-town village or hamlet where such inn alehouse or victualling-house is or shall be, to tipple in the said inn alehouse or victualling-house, contrary to the true intent of any or either of the said former statutes, the said inn-keeper alehouse keeper and victualler so offending shall incur the same penalty, and in such manner to be proved levied and disposed as in the former statute of the first year of his said late Majesty's reign is appointed for permitting such to tipple as dwell in the same city town corporate market-town village or hamlet. 1 Jac. 1. c. 9. Vintners and Victuallers to be within this and the other II. And be it further enacted, That the keepers of taverns and such as do'sell wine in their houses, and do also keep inns or victualling in their houses, shall be taken to be within the said two former statutes, and also within this statute. Statutes. No. VI. 26 Geo. II. c. 31. [ No. VI. ] 26 George II. c. 31.-An Act for regulating the Manner of Licensing Alehouses in that part of Great Britain called England; and for the more easy convicting Persons selling Ale and other Liquors without Licence. WHEREAS the laws concerning ale-houses inns and victualling- 26 G. II. c. 31. houses and the licensing thereof are defective and insufficient for See 1 Bur. 556. correcting and suppressing the abuses and disorders frequently done and committed therein, and also for the conviction and due punishment of 'persons taking upon themselves to sell ale beer or other liquors by retail without licence;' 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 upon granting licences by justices of the Justices licens peace to any person to keep an alehouse inn victualling-house, or to sell ing Alehouses, ale beer and other liquors by retail, every such person shall enter into a &c. to take Rerecognisance to the King's Majesty his heirs and successors in the sum cognisance in of ten pounds, with two sufficient sureties each in the sum of five pounds, the sum of 101. or one sufficient surety in the sum of ten pounds, under the usual con- for the Mainte dition for maintenance of good order and rule within the same; and in nance of goodˇ· case the person applying for such licence shall be hindered through sick- Order. ness or infirmity, or any other reasonable cause to be allowed by the said justices of the peace, to attend in person at the meetings of the same justices for granting the said licences, then that it shall and may be lawful for them to grant such licence upon two sufficient sureties entering into such recognisance each in the penalty of ten pounds, for performance of the condition of the said recognisance; which said recognisance, with the condition thereof fairly written or printed, shall forthwith, or at the next general or quarter session of the peace at farthest after granting such licences, be sent or returned to the clerks of the peace or persons acting as such for every county riding city liberty or town corporate in that part of Great Britain called England, wherein such licences shall be granted under the hands of the justices of the peace before whom such recognisances were taken, to be by the said clerks of the peace or such other person acting as such duly entered or filed amongst the records of the sessions of the peace; and that for every such licence granted without taking such recognisance, and for every such recognisance taken and not sent or returned as aforesaid, every justice of the peace signing such licence shall forfeit the sum of three pounds six shillings and eight pence. II. And for the better preventing disorders in alehouses be it further Licences to be enacted, That no licence to keep the same shall be granted to any person granted to none not licensed the year preceding, unless such person produce at the general not licensed the meeting of the justices in September a certificate under the hands of the year preceding, parson vicar or curate and the major part of the churchwardens and unless such as shall produce overseers, or else of three or four reputable and substantial householders Certificates of and inhabitants (1) of the parish or place where such alehouse is to be, their good Fante. setting forth such person is of good fame and of sober life and conversation; and it shall be mentioned in such licence that such certificate was produced, otherwise such licence shall be null and void. III. Provided nevertheless, That if any licensed person shall die or Licensed Person remove from an alehouse, it shall be lawful for the person succeeding to dying or removsuch house to keep on the said alehouse during the residue of the term of ing, the Successuch licence, on condition that within thirty days after such death or sor, upon obremoval such person obtain such certificate as aforesaid, to be signed by taining such some neighbouring justice, in order to its being produced at the next Certificate, may general meeting in September; and if such certificate be not so obtained House for the keep on the and signed within the said thirty days, then immediately from and after Residue of the the expiration thereof such licence shall be null and void; and no licence Term of the Lishall entitle any person to keep an alehouse in any other place than that cence, &c. (1) The Certificate of Householders, without the Minister or Churchwardens, is sufficient. R. v. Young, 1 Bur, 556. |