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Ale-houses, &c.
If a Feme Covert against the will of her Husband,
shall keep an Ale-house,
or shall use common selling of Ale or Beer without Licence, &c.
the Husband is punishable therefore, and it seemeth the Wife also (by
the
discretion of the Justices of Peace) may be imprisoned for such her
personal
and wilful Offence, until she shall find Sureties for her good Behaviour,
and that she shall no more use the same. |
Chap. 7. |
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Also it seemeth (by the Letter of the Statute) that
the Ale-house-keeper
put down or discharged by two such Justices, if (contrary to their
commandment) he shall use common selling of Beer or Ale again, though
allowed by two other Justices of Peace out of the general Sessions,
yet
the two Justices that first discharged him may put him down again,
and
may commit him to the Gaol, for selling contrary to their commandment. |
5 E. 6.
P. 1. 4. |
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And yet the Statute alloweth common Victualling
and selling of Ale
or Beer in Fairs, though unlicenced, &c. 3 caroli
3. |
5 E. 6. P. 6. |
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Brewers uttering or delivering any Beer or Ale
to any unlicensed Ale-house
keeper, shall forfeit for every Barrel 6. s 8. d. 4 Jac.
c. 4. |
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If any Ale-house-keeper which is not licenced, shall
suffer Townsmen or
any other persons to tipple in his house, or shall break the Assize,
&c. he is
punishable for the same by the Statute made primo Jac. c. 9.
and besides
he may also be committed to prison for three days by force of the Statute
made 5 Ed. 6. c. 25. or 3 Caroli 3. for selling
Beer, &c. without Licence.
Also if any Townsman, or other person, shall be found to be tipling
in
any unlicensed Ale-house, such persons (as it seemeth) are also punishable
by the same Statute, made primo Jacobi Regis cap. 9 |
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Any two Justices of Peace may give allowance to
Labourers, &c. for
urgent and necessary occasions to remain in an Inn, Ale-house, or Victualling
house. |
2 Jac. 9. |
§. 11.
Inn-keepers
that suffer
Tipling. |
Common Inns are appointed for Travellers and wayfaring
men, Co. 8.32.
and therefore if any Inn-keeper shall suffer person inhabiting in the
same
Town or any other persons (contrary to the Statutes) to be usually
tipling
in his house, such an Inn-keeper may be accounted as well an Alehouse
keeper as an Inn keeper; and such Inn-keepers may be bound by
Recognizance with Sureties for keeping of good Order, and observing
Assize, as Ale house-keepers are: and so Judge Warburton
delivered it in
his Charge at Cambr. Assizes An Dom. 1613. And
therewith also agreed
Sir James Ley and Sir John Dodderidge, in their several
Charges at Cambr.
Assizes, An. Dom. 1621. for that such Inn-keepers (said they)
do pervert
the end, for which they were first appointed. Or else it seemeth
they may
be dealt withal, sc. punished, or committed, as Ale-house-keepers
without
Licence, (by two Justices of Peace, as aforesaid:) Or they may be
indicted
thereof at the Assizes or Sessions or Peace, as it seemeth by the
Commission of the Peace. |
Co. 8. 32. |
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Jo. Brakey de. &c. Inn-holder, &c. convicted
for letting his Beer to
farm to his Tapster for Fourteen shillings the Barrel, he paying but Eight
shillings to the Brewer. Ord. 2. Sept. 9.
Jac. Sess. Pac. Mid. |
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It was the Opinion of the Court in the Case of
one T. Jennings, That the
keeping of an Inn gave no warrant to sell Beer without other License.
Ord.
6 Jan. 1 Car. lib. Sess. Pa. Mid. |
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Also it hath been agreed for Law, That such Inns
as have been erected
since the Statute of 5 Ed. 6. cap. 25. and were not Inns
before, ought to
have License; and that such Inn keepers are to be bound by Recognizance,
with Sureties, for keeping of good Orders, as Ale-house-keepers are. |
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