Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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5 & 6 Edw. VI. c. 25. § 14.
Reasons why the said Statute has not wrought the Reformation intended.
WHEREAS by an Acte made in the Fift Yeare of the Raigne of King Edward the Sixth of famous Memory entituled An Actfor Keepers of Alehouses to be bound by Recognizance amongest other Things it is enacted That if any p[er]son or p[er]sons other then such as should be from thenceforth admitted and allowed by the Justices mencioned in the said Acte should after the Day in the said Acte limited obstinatelie and uppon his owne Authoritie take uppon him or them to keepe a co[m]mon Alehouse or Tipling house or should contrary to the co[m]maundement of the said Justices or Two of them use co[m]monlie selling of Ale or Beere, that then the said Justices of Peace or Two of them (whereof one to be of the Quo[rum]) should for every such Offence committ every such p[er]son or p[er]sons so offending to the Co[m]mon Goale within the same Shire Cittie Borough Towne Corporate Franchise or Libertie there to remaine without Baile or Mainprise by the Space of Three Dayes. And before his or their Deliverance the said Justices should take Recognizance of him or them so co[m]mitted, with Two Suerties that he or they should not keepe any co[m]mon Alehouse Tipling house or use co[m]monlie selling of Ale or Beere as by the Discrecion of the said Justices should seeme convenient: And the said Justices should make Certificate of every such Recognizaunce and Offence at the next Quarter Sessions that should be holden within the same Shire Cittie. Borough Towne Corporate Franchise or Libertie where the same should be co[m]mitted or done, which Certificate should be a sufficient Conviccion in Law of the same offence, And the said Justices of Peace uppon the said Certificate made, should in open Sessions assesse the Fine for every such Offence at Twentie Shillings, as by the said Acte may appeare: Which Law hath not wrought such Reformacion as was intended, for that the said Fine of Twentie Shillings is seldome levied, and for that many of the said Offendors by Reason of their Povertie are neither able to pay the said Fine of Twentie Shillings , nor yet to beare their owne Charges of conveying them to the Gaole, and moreover doe leave a great Charge of Wife and Children uppon the Parishes wherein they live: In regard whereof the Constables and other Officers are much discouraged in p[re]senting them and the Offendors become obstinate and incorrigible.
II. Keeping Alehouse, &c. without Licence.
Penalty 20s. to the Poor.; Proof of Offence by View or Confession or Oath of Two Witnesses.; Penalty levied by Distress; Not paid within Three Days after, Distress appraised and sold; Offender not having Goods, or not paying Penalty within Six Days after Conviction.; Punishment.
For Remedie whereof, be it enacted by the Authoritie of this p[re]sent Parliament That if any p[er]son or p[er]sons after Fortie Daies next ensuing the End of this p[re]sent Session of Parliament shall uppon his owne Authoritie not being thereunto lawfullie licensed take uppon him her or them to keepe a co[m]mon Alehouse or Tipling house or use co[m]monlie selling of Ale Beere Cyder or Perrie: that then every such p[er]son or p[er]sons shall for every such Offence forfeite and lose the so[m]me of Twentie Shillings of Currant Mony of England to the Use of the Poore of the Parish where such Offence shalbe co[m]mitted: the same Offence being viewed and seene by any Mayor Bayliffe or Justice of Peace or other Head Officer within their severall Limitts or confessed by the Partie so offending or proved by the Oath of Two Witnesses to be taken before any Maior Bayliffe or other Head Officer or any one or more Justice or Justices of the Peace who by vertue of this Act shalbe authorised to minister the said Oath to any p[er]son or p[er]sons that can or will justifie the same being within the Limittct of their said Co[m]mission, The said Penaltie to be levied by the Constables or Churchwardens of the Parish or Parishes where the said Offence shalbe co[m]mitted who shalbe accomptable therefore to the Use of the Poore of the said Parish by way of Distresse to be taken and detained by Warrant or p[re]cept from the said Mayor Bayliffe Justice or Justices or other Head Officer by whome the said Offence shalbe viewed or before whom the same shalbe confessed or proved as aforesaid: And for Default of Satisfaccion within Three Daies next ensuing the said Distresse to be by the said Constables or Churchwardens apprised and sold, and the Overplus to be delivered to the Partie or Parties offending, and this to be onelie for the First Offence. And if such Offendor or Offendors shall not have sufficient Goods and Chattells, whereby the said Twentie Shillings may be levied by way of Distresse as aforesaid or shall not pay the said so[m]me of Twentie Shillings within Six Daies after such Conviccion as aforesaid, that then the said Mayor Bayliff Justice or Justices or other Head Officer before whome the said Offender shalbe convicted as aforesaid shall co[m]mitt all and every the said Offendor or Offendors to some Constable or Constables or other inferior Officer or Officers of the Citie Borough Towne Parish or Hamlett where the Offence shalbe co[m]mitted or the Partie app[re]hended to be openlie whipped for for the said Offence as the said Justice or Justices shall lymitt or appoint.
III. Constables, &c. neglecting to execute Warrant, &c.
And be it enacted by the Authoritie aforesaid, That if any Constable or inferiour Officer shall neglect to execute the said Precept or Warrant or doe refuse or doe not execute by himselfe or some other to be by him appointed uppon the Offendor the Punishment limitted by this Statute, that in that Case it shall and may be lawfull for the said Mayor Bayliffe Justice [and (fn. 1) ] Justices of Peace or other Head Officer to co[m]mitt the Constable or other inferior Officer so refusing or not executing the said Punishment by himselfe or some other to the Co[m]mon Gaole of the said Countie Cittie or Towne Corporate there to remaine without Bayle or Mainprise untill the said Offendor or Offendors shalbe by the said Constable or Constables or other inferiour Officer so refusing or not executing the said Punishment or some by or his their p[ro]curement punished [or (fn. 2) ] whipped as is above lymitted and declared or untill he or they so neglecting or refusing shall have paid the so[m]me of Fortie Shillings of lawfull Mony of England unto the Use of the Poore of the Parish for their said Contempt.
IV. Second Offence by unlicensed Alehousekeeper.
Punishment.; Subsequent Offence.; Punishment.
And be it further enaected That if the said Offendor or Offendors being an unlicensed Alehousekeep shall offend in any of the p[re]misses the second tyme and be thereof lawfullie convicted in Manner and Forme aforesaid, that then the said Mayor Bayliffe Justice or Justices of ( (fn. 3) ) Peace or other Head Officer shall committ him her or them unto the House of Correccion there to remaine for the Space of One Moneth and be dealt withall as idle lewd and disorderly p[er]sons. And if such p[er]son or p[er]sons shall againe offend and shalbe thereof convicted as aforesaid, that then the said Offendor or Offendors for every such Offence shalbe co[m]mitted unto the said House of Correccion as aforesaid there to remaine untill by Order of the Justices in their Generall Sessions for the Countie Citie Borough or Franchise he she or they shalbe delivered from thence.
V. Not to be twice punished for the same Offence.
Provided alwaies That such Offendor or Offendors as shalbe punished by vertue of this Acte shall not be punished againe for the same Offence by the former Acte made in the Fifth Yeare of King Edward the Sixth afore mencioned, and that such Offender or Offendors as shalbe punished by vertue of the before mencioned Acte made in the Fifth Yeare of King Edward the Sixth shall not be punished againe for the same Offence by vertue of this p[re]sent Act nor any Thing therein conteyned.
VI. Proviso for Fairs.
Provided alwaies That in such Townes and Places where any Faire or Faires shalbe kept, that for the time onelie of the same Faire or Faires it shalbe lawfull for every p[er]son or p[er]sons to use co[m]mon selling of Ale or Beere in Boothes or other Places there for the Releife of the Kings Subjects that shall repaire unto the same in such like Manner and Sorte as hath byn used and done in Tymes past, this Act or any Thing therein conteyned to the contrary notwithstanding.