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A84520 A collection of certaine statutes in force, vvith full and ready notes in the margent, containing their effect in briefe. As also the ordinances for the better observation of the Lords day, and the fast dayes. Published for the better caution of such as are inclinable to delinquency against the severall effects of those statutes and ordinances. And also for the better information of all such officers and ministers as are by late speciall warrants authorised and commanded to put the same statutes and ordinances in execution. For the better suppressing 1. Of unlawfull pastimes and abuses on the Lords day. 2. Of prophane swearing and cursing. 3. Of the loathsome sin of drunkennesse. 4. Of the severall offences committed by inne-keepers, ale-house-keepers, and unlicensed ale-house-keepers. 5. Of unlawful games. And severall other abuses. Being appointed by the Lord Mayor of the City of London to be published in all congregations within his jurisdiction. England and Wales.; W. B., co-author. 1644 (1644) Wing E887; Thomason E16_26; ESTC R8377 42,137 48

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said former Statute made in the fourth yeer of his Majesties raign to the contrary notwithstanding And be it further enacted That if any person being an Alehouse-keeper or that shall at any time hereafter be an Alehouse-keeper shal at any time herafter 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 yeers next ensuing the said conviction be utterly disabled to keep any such Ale-house And whereas in the said Statute made in the fourth yeer of his said Majesties raign intituled An Act to represse the odious Constables Church-wardens Head Boroughs Tithingmen Ale-cunners and Side-men are enlarged and charged to present all offences against the Statute 1 Jac. 9. and against the alterations and additions in this Act and loathsome sin of Drunkennesse Constables Churchwardens Headboroughs Tithing-men Ale-cunners and Sidemen are appointed in the Oaths incident to their Offices to be likewise charged to present the offences contrary to the said Statute Be it enacted That the said Oath shall always hereafter be also enlarged extend to present all offences done contrary to the statute made in the first Session of Parliament held in the first yeer of his Highnesse raign intituled An Act to restrain the inordinate haunting and tipling in Innes and Ale-houses and other Victualling-houses with the alterations and additions in this Act contained made in the said fourth yeer of his said Majesties raign according to the alterations and additions of the same in this Act expressed Stat. 1. Car. 4. Anno primo CAROLI REGIS CAP. IV. Forreiners as well as Inhabitants shall not be permitted to tipple in Innes Ale-houses c. VVHereas 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 witnesse to be tippling in any Inne Ale-house or Victualling-house such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth yeers of the late Kings Majesties raign King James of famous memory The one intituled An Every Alehouse keeper that shall suffer any person or persons not dwelling in the city or town where the Ale-house is to tipple in his Alehouse contrary to the true intent of any the said three Statutes shall incur the same penalty as is appointed 1 Jac. 9. for suffering such to tipple as dwell in the same City or town Act to restrain the inordinate haunting of tipling in Innes Ale-houses and other Victualling-houses And the other intituled An Act to represse the odious and loathsome sin of Drunkennesse as if he or they had inhabited and dwelled in the City Town Corporate Market Town Village or Hamlet where the Inne Ale-house or Victualling-house was or should be where he or they should be so found tipling should incurre 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 but no punishment by any or either of the said Acts or by any other Statute is inflicted upon the Inne-keeper Ale-house-keeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inne Ale-house or Victualling-house For remedy whereof Be it enacted That every Inne-keeper Ale-house-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 Corporat Market Town Village or Hamlet where such Inne Ale-house or Victualling-house is or shall be to tipple in the said Inne Ale-house or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inne-keeper Ale-house keeper and Victualler so offending shall incurre the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first yeer of his said late Majesties raign is appointed for permitting such to tipple as dwell in the same City Town Corporate Market Town Village or Hamlet Taverns such as sell wine do also keep Inns or victualling shall be within the said two former statutes and this statute And be it further enacted That the keepers of Taverns and such as do sell wine in their houses and do also keep Innes or Vicaualling in their houses shall be taken to be within the said two former Statutes and also within this Statute Anno quinto sexto EDWARDI sexti CAP. XXV None shall sell Ale or Beer without Licence and they shall be bound by Recognisance FOrasmuch as intolerable hurts and troubles to the Common-wealth of this Realm daily do grow and increase through such abuses and disorders as are had and used in common Ale-houses and other houses called tipling-houses It is therefore enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the authority of the same that the Justices of Peace within every Shire City Borough Town Corporate Franchise or Liberty within this Realm or two of them at the least whereof one of them to be of the Quorum shall have full power and authority by vertue of this Act within every Shire City Borough or Town Corporate Franchise and Liberty where they be Justices of Peace to remove discharge and put away The Justices of Peace may discharge common selling of Ale and Beer common selling of Ale and Beer in the said common Ale-houses and tipling houses in such Town or Towns and places where they shall think meet and convenient And that none after the first day of May next comming shall be admitted or suffered to keep any common Ale-house or tipling house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Justices of the Peace whereof one to be of the Quorum And that the said Justices of the Peace or 2. of them whereof the one to be of the Quorum shall take bond and surety from time to time by Recognisance Recog with surety by those that do keep Alehouse of such as shall be admitted and allowed hereafter to keep any common Ale-house or tipling-house as well for and against the using of unlawfull games as also for the using and maintenance of good order and rule to be had and used within the same as by their discretion shall be thought necessary and convenient for making of every which Recognisance the party Twelve pence for making the Recog or parties that shall be bound shall pay but twelve pence And the said Justices shall certifie the same Recognisance at the next quarter Sessions of the Peace to be holden within the same Shire City Borough Town
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 Provided always That this Act or any thing therein contained The Liberties of the Universities shall not be prejudiced shall not be prejudiciall to either of the two Universities of this Land But that the Chancellour Masters and Scholers and the Successours of them and either of them may as fully use and enjoy all their Jurisdictions Rights Priviledges and Charters as heretofore they have or might have done Any thing in this Act to the contrary notwithstanding Provided always That no person or persons shall be punished No punishment if not questioned within six moneths impeached or molested for any offence mentioned in this Statute unlesse he shall be for the same offence presented indicted or convicted within six moneths after such offence committed This Act to continue untill the end of the first Session of the next Parliament 21. Jac. 7. made perpetuall Anno septimo JACOBI REGIS CAP. X. The Penalty for an Offence committed against any of the Branches of the Statutes of 1 Jac. 9. or 4. Jac. 5. touching Alehouse-keepers and Drunkards VVHereas notwithstanding all former Laws and Provisions already made the inordinate and extream vice of excessive Drinking and Drunkennesse doth more and more abound to the great offence of Almighty God and the wastfull destruction of Gods good creatures Be it enacted by the authority of The Ale-house-keeper upon conviction for any offence against the Statutes of 1. Jac. 9. or 4. Jac. 5. shall for 3. yeeres next after such conviction be disabled to keep any Ale-house 21. Jac. 7. this present Parliament That if any person being an Ale-house-keeper after six weeks next ensuing this present Session of Parliament shall be lawfully convicted for any offence or offences committed against any of the Branches of two former Acts of Parliament made sithence the beginning of this present Parliament the one intituled An Act to restrain the inordinate haunting and tipling in Innes Ale-houses and other Victualling-houses the other entituled An Act against the odious and loathsome sin of Drunkennesse That then every person or persons so convicted shall for the space of three yeers next ensuing the said conviction be utterly disabled to keep any such Ale-house Anno vicesimo primo JACOBI REGIS CAP. VII The Statutes of 1. Jac. 9. and 4. Jac. 5. made perpetuall One witnesse shall be sufficient to convince a man of Tipling or Drunkennesse VVHereas one Statute entituled An Act to restrain the inordinate haunting or tipling in Innes Ale-houses and other Victualling-houses made in the first yeer of his Highness happy raigne of England And another Statute intituled An Act to represse the odious and loathsome sin of Drunkennesse made in the fourth yeer of his Highnesse raign of England were 1. Jac. 9. 4. Jac. 5. With the alterations and additions hereafter expressed made perpetuall Where by those Statutes proof of 2. witnesses was required It is enacted That one witnesse shall be sufficient That after the confession of one offender his oath shall be sufficient proof against any other offending at the same time 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 And whereas by the said Statutes proof of two witnesses is required Be it enacted that proof of one witnesse from henceforth shall be allowed and taken for sufficient in that behalf And that the voluntary confession before any such persons as by the said Act are authorized to minister the Oath of any person offending either of the said Statutes shall suffice to convince the Person so offending after such confession the oath of the party so offending shall and may be taken and be a sufficient proof against any other offending at the same time And be it further enacted That if any person or persons wheresoever his or their habitation or abiding be shall at any time hereafter be found upon view or his own confession He that stayes tipling in an Inne or Alehouse wheresoever he dwels shal be within the said Statutes as if he dwelt within the City or Town where the Inne or Alehouse is or proof of one witnesse to be tipling in any Inne Ale-house or Victualling-house such person or persons shall be from henceforth adjudged and construed to be within the said Statutes as if he or they had inhabited and dwelt in the City Town Corporate Market Town Village or Hamlet where the said Inne Ale-house or Victualling-house is or shall be where he or they shall be so found tipling and shall incurre 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 and And shall incur the like penalties the voluntary confession of such person or persons so offending before such as by the said statutes are authorized to minister the Oath shall suffice to convince themselves 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 And be it further enacted That any Justice of Peace in any That any Justice or Head-officer upon his view confession of the party or proof of one witnesse upon oath before him shal have power to convince any person of drunkennes wherby such person so convict shall forfeit 5. s. for every such offence to be levied or the offender otherwise punished as in the aforesaid Statute is appointed And for the second offence sha be bound to be of good behaviour If any Ale-house keeper be convict for any offence against the branches of either of the said two former Statutes or against this Statute he shal be disabled to keep any Ale-house for three years after County any Justice of Peace or other head Officer in any City or Town Corporate within their Limits respectively shall from henceforth have power and authority upon his own view confession of the party or proof of one witnesse upon Oath before him which he by vertue of this Act shall have power to administer to convince any person of the offence of Drunkennesse whereby such person so convict shall incurre 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 second offence shall become bound to the good behaviour as if he had been convicted in open Sessions Any thing in the
Corporate Franchise or Liberty where such Alehouse or tipling house shall be The same Recog there to remain of Record before the Justices of Peace of that Shire City Borough Town Corporate Franchise or Liberty upon pain of forfeiture to the King for every such Recog taken and not certified the summe of three pound six shillings eight pence And it is further enacted by the authority aforesaid That the Inquiry of those which have forfeited their recognisance Justices of Peace of every Shire City Borough Town Corporate Franchise and Liberty where such Recognisance shall be taken shall have power and authority by this Act in their quarter Sessions of the Peace by presentment information or otherwise by their discretion to inquire of all such persons as shall be admitted and allowed to keep any Ale-house or tipling house and that be bound by Recognisance as is abovesaid if they or any of them have done any Act or Acts whereby they or any of them have forfeited the same Recognisance And the said Justices of every Shire and places where they be Justices shall upon every such presentment or information award Processe against every such person so presented or complained upon before them to shew why he should not forfeit his Recognisance and shall have power and authority by this Act to hear and to determine the same by all such ways and means as by their discretion shall be thought good And it is further enacted by the authority aforesaid That if The punishment of those which contrary to the commandment of the Justices do keep Ale-house 3 Car. 3. any person or persons other then such as shall be hereafter admitted allowed by the said Justices shal after the said first day of May obstinately and upon his own authority take upon him or them to keep a common Ale-house or tipling house or shall contrary to the commandment of the said Justices or two of them use commonly selling of Ale and Beer that then the said Justices of Peace or two of them whereof one to be of the Quorum shall for every such offence commit every such person or persons so offending to the common Gaole within the said Shire City Borough Town Corporate Franchise or Liberty there to remain without bail or mainprise by the space of three days And before his or their deliverance the said Justice shall take Recognisance of him or them so committed with two sureties that he or they shall not keep any common Ale-house tipling house or use commonly selling of Ale or Beer as by the discretion of the said Justices shall be seen convenient And the said Justices shall make certificate of every such Recognisance and offence at the next quarter Sessions that shall Certificate of the Recog and offence at the Quarter Sessions be holden within the same Shire City Borough Town Corporate Franchise or Liberty where the same shall be committed or done Which certificate shall be a sufficient conviction in the Law of the same offence And the said Justices of Peace upon the said certificate made shall in open Sessions assesse the fine for every such offence at twenty shillings Provided alway that in any such Towns and places where any Fair or Fairs shall be kept that for the time onely of the The fine of those which keep Ale-house without License same Fair or Fairs it shall be lawfull for every person and persons to use common selling of Ale or Beer in Booths or other places there for the relief of the Kings Subjects that shall repair to the same in such manner and sort as hath been used and A Proviso for Towns where Fairs be kept done in time passed This Act or any thing therein contrary notwithstanding 1. Jac. 9. 4. Jac. 4. 11. H. 7. 2. 3. Car. 3. Anno tertio CAROLI REGIS CAP. III. The forfeiture and punishment of him that keeps an Ale-house without Licence VVHereas by an Act made in the fifth yeer of the reign of King Eward the sixth of famous memory intituled An Act for keepers of Ale-houses to be bound by Recognizance amongst other things it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Justices mentioned in the said Act should Every person obstinately keeping an Ale-house or Tippling-house contrary to the commandment of the Justices to be committed to prison for the space of three dayes there to remaine without Baile or mainprise 5. 6. Exd. 6. 25. after the day in the said Act limitted obstinately and upon his own authority take upon him or them to keep a common Ale-house or Tipling house or should contrary to the commandment of the Justices or two of them use commonly selling of Ale or Beer That then the said Justices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the common Gaole within the Shire City Borough Town Corporate Franchise or Liberty there to remain without Bail or Mainprise by the space of three dayes And before his or their deliverance the said Justices should take Recognisance of him or them so committed with two Sureties that he or they should not keep any common Ale-house Tipling house or use commonly selling of Ale or Beer as by the discretion of the said Justices should seem convenient And the said Justices should make Certificat of every such Recognizance and Offence at the next Quarter-Sessions that should be holden within the same Shire City Borough Town Corporate Franchise or Liberty where the same should be committed or done which Certificat should be a sufficient conviction in Law of the same offence And the said Justices of Peace upon the said Certificate made should in open Sessions assesse the Fine for every such offence at twenty shillings as by the said Act may appear Which Law hath not wrought such reformation as was intended for that the said Fine of twenty shillings is seldome levyed and for that many of the said offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to beare their own charges of conveying them to the Gaole and moreover do leave a great charge of wife and children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the offenders become obstinate and incorrigible For remedy whereof Be it enacted by the authority of this present Parliament That if any person or persons after forty Every one that keeps an Alehouse without License shall for every offence lose 20 s to the poor dayes next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licenced take upon him her or them to keep a common Ale-house or Tipling-house or use commonly selling of Ale Beere Cyder or Perry That then every such