| Chap. 7. |
Ale-houses, &c.
And yet at Lent Assizes, Anno Dom. 1621.
Sir James Ley delivered in
his Charge, That Inns were Hosteries by the Common Law, and that every
man might erect and keep an Inn or an Hostery, so as they were
probi homines, men of good conversation, fame and report, dwelling
in meet
places: but yet they were not worthy of any allowance of Licence
under the Kings Great Seal, &c. |
33 |
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And he delivered farther in his said Charge, That
if such Inns or Hosteries
be used ad nocumentum populi Domini Regis, &c. sc. do keep any
disorderly
house contrary to the Law, or be more in number than are needful,
and to the hindrance of other ancient and well governed Inns; that
then they may be thereof indicted at the Assizes, or Sessions of the Peace,
and there may be either fined or suppressed. And Sir James Ley
told me
after at his Lodging in Trinity Colledge, That this was the Opinion
of all
the other Judges, upon late Conference had among themselves. |
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But such Inns or Hosteries, if they shall be inconvenient
or disordered,
in respect either of the Inn-keeper, or of the resort thither, or that
the place
be unmeet, they are to be suppressed, upon an Indictment found at the
Assizes or Sessions. |
|
| An. 1616. |
And if they shall suffer Townsmen or other persons
(usually) to tipple
there, they are to be punished as Ale-house-keepers without License:
for
these Inns or Hosteries are be allowed only for Travellers. |
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His Majesty in his late speech in the Star-Chamber,
hath justly excepted
against the abundance of Ale-houses, and more specially against the infamous:
and blind Ale-houses, as being haunts and receits for Robbers,
Thieves, Rogues, Vagabonds, and other Idle, loose and sturdy Fellows,
who loyter and enquire in these places where they may have a Booty,
or do a
mischief to the neighbouring Inhabitants: And therefore here
I thought
good to put the Justice of Peace of mind, that in allowing of Ale-houses
they have regard as well to the person, as the place; for all persons,
especially
infamous or defamed, are not fit to be allowed for Ale-house-keepers,
neither are all places meet for an Ale-house. |
§. 12.
What persons
are fit
to be allowed. |
| 7 E. 6.5. |
And therefore Ale houses
to be allowed are meetest to be about the midst
of the Town; but not to be in any blind or by-Corners (much less in woods
or place remote from Towns) where Thieves and Rogues may be harboured:
nor in places out of or distant from the Town; except upon the Riverside
and where there is great need, and the persons well known. Resol.
36.
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§. 13.
Places fit
for Ale-houses. |
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The keeping of Taverns, Ale-houses or Tipling-houses,
by Bailiffs, Sergeants
or other Minister is found generally mischievous, for when they
Arrest any person, upon pretence of Favour, they carry them to their
own houses, and there lodge and entertain them so long time as their
mony lasts, and then and not before carry them to Prison; whereby
both the party arresting is many times defrauded of his debt, and
the
person arrested under colour of liberty cheated of his money, and
at
last left to perish in a Gaol, and therefore have I known many of these
suppressed in the Kings bench; And, as I remember, a rule of Court was
made that none such should be licensed, which is a worthy Example for
other Justices of Peace to observe, to prevent which inconveniencies
an Act of Parliament was made 22 & 22. Car. 2.d. whereby is
provided,
if any under-Sheriff, Bailiff, Serjeant, or other Officers shall be vertue
or colour of any Writ, Process or Warrant, have any person in custody,
such Officer shall not carry, or convey or cause, &c. the said persons
to any Tavern, Ale-house, or Victualling, or drinking-house, without
his voluntary consent, so as to charge him with any sum or sums of |
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