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§. 3.
Tiplers. |
Ale-houses, &c.
Every person that shall continue drinking in any
Inn or Ale house, &c
in the Town where he then dwelleth, (contrary to the former Statute
made primo Fac.) the said Offence being seen by any Justice
of Peace, or
being proved before any Justice of Peace, as aforesaid, such person
shall
forfeit for every such Offence three shillings four pence. |
Chap. 7.
4 Jac. 5.
21 Jac. 7. |
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If any other person (wheresoever his or their habitation
or abiding be)
shall be found (by view of any Justice of Peace, or by his own Confession,
or proof of one Witness) to be tipling in any Inn, Ale-house or Victualling-house,
every such person shall be adjudged to be within the said
Statutes of 1 Jac. cap. 9. & 4 Jac. cap. 5. as if
he inhabited and dwelt in
the City Town-Corporate, or other Town or Village, where the said Inn,
Ale-house, or Victualling-house is or shall be, where he 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. And the voluntary confession of such an Offender shall
suffice to
convince himself; and, after his Oath, shall be a sufficient proof
against
any other offending at that time. 21 Jac. cap. 7. |
1 Car. 4.
21 Jac. 7. |
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He that confesseth the fact, and thereby is convicted;
his Oath shall be
a sufficient proof against any other. 21 Jac. 7. |
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Now these Statutes seem to prohibit, not only
the continuing drinking in
those Inns and Ale-houses, &c. for longer time than for the
necessary abode;
but also of Tipling there, viz. the vain use of quaffing and drinking
of
Healths there, &c. For these houses were not ordained,
neither are they to
be suffered, for any such uses; but only for the necessary harbouring
and relief
of Travellers, and to supply the wants of the Poor, as aforesaid. |
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| §. 4. |
Every Taverner (keeping also
an Inn or Victualling in his house,) and
every Inn-keer, Ale-house keeper, and other Victuallers, which shall
suffer any person (wheresoever his dwelling or abiding be) to tipple
in the
said house contrary to the true intent or any of the said former Statutes,
shall be adjudged within the Statute 1 Jac. cap. 9. |
1 Carol.
1 Jac. 9. |
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So that now by these Statutes, no person may come
to tipple in any such
Tavern, or in any Inn, Ale-house, or Victualling house, in the same
Town
where he dwelleth, nor dwelling within two miles thereof, except he
be a
Traveller: And so Sir Francis Harvey Knight, delivered
it in his Charge
at Cambridg Summer Assize, An. 1629. But the
Stat.
21 Jac & 1 Carol 1
seem to forbid all Tipling in such houses, wheresoever they be dwelling
or abiding,
and by whomsoever it be. |
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§. 5.
Drunkenness. |
Any Justice of Peace in any County (and any Justices
of Peace or other
Head Officer in any City or Town Corporate, within their limits) shall
have power (upon his own view, Confession of the party, or proof of
one Witness upon Oath) to convince any person of Drunkenness, whereby
such persons so convict shall incur the Forfeiture of five shillings
for
every such Offence, to be paid within one week after such Conviction
into the hands of the Church-wardens of the Parish where the Offence
shall be committed, &c. And if the Offender be not able to
pay the said
sum of five shillings, then he shall be committed to the Stocks for
every
such offence, there to remain by the space of six hours. |
4 Jac. 5.
21 Jac. 7. |
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And for the second Offence of Drunkenness, every
person convict thereof,
as aforesaid, shall be bound with two Sureties in the sum of Ten
pounds, with Condition for the Good Behaviour, by any one Justice of
Peace, or other Head Officer aforesaid, (as it seemeth) 21 Jac.
cap. 7. and
for want of such Sureties to be sent to the Gaol. |
4 Jac. 5.
21 Jac. 7. |
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