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Ale-houses, &c.
mony for any thing there, but what he shall call for, nor take any
reward
for keeping such person out of Gaol than the party will freely give, nor
take
any more for each nights lodging or expences than is reasonable, or shall
be
adjudged by the next Justice of Peace, or at the Quarter Sessions
to pay for
any thing else than what the party calls for. |
Chap. 7. |
| The Person. |
As if the party be in a Livery, or a retainer to
any man, Bailiff of a
Hundred or Liberty, Constable, &c. or be one that is not of good fame,
conversation or government; such persons are not fit to be allowed
to be
Ale-house-keepers. See Fitz. N. B. 172. That no Victualler
ought to sell
Victual so long as he is in Office, &c. Stat. 12. E. 2. c.
6. |
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Again dicitur, that no person, using any
Trade ought to be allowed
to keep an Ale-house, for that were to take away the means, and so the
life
of another: Tamen quære inde, for that by the Common
Law no man is prohibited
to use divers Trades. Vide hic tit. Labourers. |
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T. Byworth suppressed from keeping an Ale-house,
for that it appeared
to the Court that he is a Steel-forger, which is a good Trade, sufficient
for
him to live by, Ord. Sess. Pac. Mid. 26 Jul., 8. Car. which
see to resolve the quær.
aforesaid. |
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Also there are some persons that by Law are disabled
to keep an Ale-house
(at least for a certain time;) as.
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1. The Ale-house keeper convicted for any
Offence against 1 Jac. 9. &
4 Jac. 5. or being convicted (according to the Statute vicesimo
primo
Jac. 7) for suffering Townsmen, &c. (or any other person, as it
seemeth)
to continue drinking in his house, contrary to the said Statute, (which
see
here before) such Ale-house-keeper is disabled to keep an Ale-house for
three years after such Conviction. 21 Jac. cap. 7. |
7 Jac. 10.
1 Jac. 7. |
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2. So the Ale-house-keeper convicted (as aforesaid)
for not selling one
full quart of the best Beer or Ale for 1 d. and of the small two
quarts for
1 d. (which see in this Title a little before) such Ale house-keeper
also is
disabled (for three years after) to keep an Ale-house. 21 Jac.
cap. 7. |
7 Jac. 10. |
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3. The Ale-house keeper that shall continue
drinking in another Ale-house
or Inn in the same Town where he dwelleth, (the said Offence being
seen by any Justice of Peace within his limits, or being proved before
any Justice of Peace by two Witnesses upon Oath) every such Ale house-keeper
also is disabled for three years after such Conviction to keep any
Ale-house, as it seemeth upon conference of these two Statutes of 4
& 7
Jac. 21. cap. 7. |
4 Jac. 5.
7 Jac. 10.
21 Jac. 7. |
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So the Ale-house-keeper that shall bedrunken, and
thereof lawfully be
convicted, (by Indictment at the Assizes, Sessions of Peace, or in a Leet,
or otherwise before the Justice of Peace) is disabled for three years to
keep
an Ale-house. |
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An Ale-house-keeper convicted and suppressed for
any of the former
Offences, if he shall be licensed or allowed again by two or more Justices
of
Peace within three years, such License is void, and he is to be punished
as
one Victualling without License. And so it was delivered by Sir Nic.
Hide, at Cambr. Assizes, An 3 Caroli Regis.
And so it seemeth, if he were
convicted, though he were not suppressed, if he be after licensed again
within three years after such Conviction, such license is void, &c. |
4 Jac. 5.
7 Jac. 10.
21 Jac. 7. |
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5. The Ale-house-keeper that is discharged
or put down by any two
Justices of Peace, the one being of the Quorum, &c. is also
disabled, so
as he cannot be allowed again, except in open Sessions. See hic
antea. |
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Also in Towns which are no thoroughfare, the Justices
shall do well to
be sparing in allowing of any Ale-house, except it be at the Suit of
the |
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