| Chap. 8. |
Ale-houses, &c.
But abuses crept in, and disorders multiplied
by the increase of them
as was perceived so long since as 11 H. 7.c.2. whereby power was
given
to two Justices of the Peace to lessen their number; yet the mischief arising
by their increase and licentiousness growing every day more considerable,
a
good and profitable Law was made 5 & 6 E. 6.c.25. for the redress
of that
general inconvenience without working that reformation that was desired
and
intended. |
27 |
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And therefore to prevent the mischiefs and great
disorders happening
daily by the abuses of such houses, his said Majesty of late famous Memory,
and our now gracious Sovereign Lord King Charles, have graciously
been pleased that divers good and profitable Laws should be made for the
redress thereof, as followeth: |
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1 Jac. 9.
21. Jac. 7.
1 Carol. |
Every keeper of Tavern (keeping also an Inn or Victualling
in his
house) and every Ale house keeper, Inn-keeper, and Victualler, which
shall suffer any Townsman, or any Handicraftman, or Labourer working
in the same City or Town, to remain and continue drinking in their said
house, (except as shall be invited thither by a Traveller, and shall
accompany him during his necessary abode there; and except Handicraftmen,
Labourers and Workmen, in Cities, Towns Corporate and market
Towns upon the working day, for one hour at dinner time to take their
diet there, or sojourning or lodging there; or except they be allowed by
two Justices of Peace) the said Offence being seen by any Justice of Peace
within his Limits, or being confessed by the Offender before the Justice
of
Peace, Mayor or Bailiff, or Head Officer, or being proved before any
Justice of Peace by one Witness upon Oath; every such Taverner, Ale-house-keeper,
&c. shall forfeit for every such offence 10 s. to the use
of the
poor. |
§. 2. |
1 Jac. 9.
1 Car. 1.
6.4 |
And note, that the voluntary Confession (before
the Justice of Peace,)
or other person authorised to minister the Oath) of any Offender against
either of the Statutes of 1 Jac. cap. 9. or 4. Jac. cap. 5.
shall suffice to convince
the person so offending; and after such Confession, the Oath of the
party so confessing shall be taken, and be a sufficient proof against any
other
offending at the same time. 21 Jac. reg. cap. 7. |
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If any Taverner (keeping also an Inn or Victualling
in his house) or
any Inn-keeper, Ale-house-keeper, or Victualler shall at any time utter
or
sell within his house, or without, less than one full Ale quart of the
best
Beer or Ale for 1 d. and of the small two quarts for 1 d.
(the said Offence
being proved before any Justice of Peace, &c. by one Witness upon
Oath) then every such Taverner, Inn-keeper, &c. shall forfeit for every
such Offence twenty shillings, to the use aforesaid. |
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And yet note, That wheresoever any Conviction shall
be before the
Justice of Peace, by or upon the Oath or Testimony of any other person
than the Delinquent himself, there the Justice of Peace must first send
for or convent the Delinquent before him, to make answer, &c. and to
hear
and examine him of the Offence, &c. for it may be, that he can make
sufficient
defence or excuse of the Fact. And this was the direction of Sir
Nicholas Hide, Lord Chief Justice of the Kings Bench, and well
agreeth
with the Rule here before, chap. 2. Qui aliquid statuerit, parte
inaudita
altera, æquum licet statuerit, hand æquus est. |
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Note, that the St. 1 Jac. 9. is made perpetual
by 21 Jac. 7. and yet the
Statute of 21 Jac. 28. amongst 57 other Statutes recites
the title of the
Statute 1 Jac. 9. doth continue the same with other Statutes untill
the end
of the first Session of the next Parliament, so that unless the Statute
of 21
Jac. 7. doth perpetuate it, it is expired for ought I find. |
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D 2
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