the fame goods to be prefently appraised and fold, and the furplufage and remainder over and above (if any be) to be delivered to the party of whom the diftrefs was taken; and for want of fuch fufficient diftrefs, the Conftable, Church-warden, or Church-wardens, fo offending, to be by the Mayor, Bailiff, or other head officer, Juftice or Juftices of Peace, committed to the common gaol, there to remain until the faid penalty or penalties be truly paid; for all which penalties which fo fhall be levied by the faid Conftables or Church-wardens, they the faid Conftables and Church-wardens fhall be accountable to their fucceffors and other the parishioners, in fuch fort as they ufually be in other church reckonings or accounts: and for all forfeitures to be levied by reafon of any neglect of the Conftables or Church-wardens, thofe fhall be accountable, who by force of any warrant or precept do levy the fame, or upon the enlargement of perfons committed do re-ceive the fame. 5. And be it further enacted, That all other Laws and: Statutes touching inn-keepers, victuallers, and alehousekeepers, fhall ftill remain in their former force, and be put in due execution. This A&t to continue to the end of the firft feffion of the next. Parliament. 6. Provided always, and be it enacted by the authority of this prefent Parliament, That the correction and punishment of fuch as fhall offend against this Act, or any part thereof, within either of the two Univerfities of this realm, or the precincts or liberties of the fame, fhall be done upon the offenders, and juftice fhall be ministered in this behalf, according to the intent and true meaning of this law, by the Governors, Magiftrates, Juftices of the Peace, or other principal officers of either of the fame Univerfities, to whom in other cafes the adminiftration of juftice, and correction and punishment of offenders by the laws of this realm and their several charters, doth belong or appertain, and that no other within their liberties, for any matter concerning this law, contrary to their feveral charters, do intermeddle; and that all penalties and fums of money to be forfeited or loft by force of this Act, within either of the Universities, or the liberties or precincts of the fame, fhall be levied by the officers or Minifters of either of the faid Universities, to be from time to time in that behalf appointed by the Vice-Chancellors thereof for the time being refpectively; and that all powers and authorities, either of imprifonment, or otherwife, before given or appointed by this Act, fhall by the Governors, 3 Governors, Magiftrates, and principal officers abovefaid of either of the faid Univerfities, be duly executed and done within either of the faid Univerfities, and the liber-, ties and precincts of the fame, according to the true intent and meaning of this Act. 4 Jac. I. Cap. v. An A&t for repreffing the odious and loathfome Sin of WH WHEREAS the loathfome and odious fin of drunkennefs is of late grown into common use within this realm, being the root and foundation of many other enor mous fins, as bloodshed, ftabbing, murder, fwearing, fornication, adultery, and fuch like, to the great difhonour of God, and of our nation, the overthrow of many good arts and manual trades, the disabling of divers workmen, and the general impoverishing of many good fubjects, abufively wafting the good creatures of God: 2. Be it therefore enacted by the King's most excellent Majefty, the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That all and every perfon or perfons, which after forty days next following the end of this prefent feffion of Parliament, fhall be drunk, and of the fame of fence of drunkennefs fhall be lawfully convicted, fhall, for every fuch offence, forfeit and lofe five fhillings of lawful money of England, to be paid within one week next after his, her, or their conviction thereof, to the hands of the Church-wardens of that parish where the offence fhall be committed, who fhall be accountable therefore to the ufe of the poor of the fame parith: and if the faid perfon or perfons fo convicted fhall refufe or neglect to pay the faid forfeiture as aforefaid, then the fame hall be from time to time levied of the goods of every fuch perfon or perfons fo refufing or neglecting to pay the fame, by warrant or precept from the fame Court, Judge, or Juftices, before whom the fame conviction fhall be and if the offender or offenders be not able to pay the said fum of five fhillings, then the offender or offenders fhall be committed to the ftocks for every offence, there to remain by the fpace of fix hours." 3. And be it further enacted by the authority aforesaid, That if any Conftable, or any other inferior officer of that parith or place where the offence fhall be committed, to whom that fhall be given in charge by the precept of any Mayor, Bailiff, or other head officer, or Juftices of the Peace, within their feveral limits, do neglect the due correction of the faid offender, or the due levying of the faid penalties, where diftrefs may be had; then every perfon fo offending fhall forfeit the fum of ten fhillings of current money of England, to the use of the poor of the fame rifh or place where the offence fhall be committed; to be levied by way of diftrefs, by any other person or perfons having warrant from any Mayor, Bailiff, or other head officer, Juftices of Peace, or Court, where any fuch conviction fhall be; and to be paid to the Church-wardens as before limited, who are also to account for the fame to the ufe aforefaid. pa 4. And be it further enacted by the authority aforesaid, That if any perfon or perfons within this realm of England, or the dominion of Wales, fhall remain or continue drinking or tippling in any inn, victualling-house, or alehouse, being in the fame city, town, village, or hamlet, wherein the faid perfon or perfons, fo remaining drinking or tippling, doth dwell and inhabit, at the time of fuch drinking and tippling, and the fame being viewed and feen by any Mayor, or other head officer, Juftice or Juftices of Peace, within their feveral limits, or duly proved in fuch manner and form as is limited in and by one Act of Parliament, made in the firft feffion of this prefent Parliament, intituled, An Act to refrain the inordinate baunting and tippling in Inns, Alehouses, and other Victualling-boufes, unless it be in fuch cafe or cafes as be tolerated or excepted in the faid Act: that then every perfon or perfons fo offending fhall forfeit and lofe for every fuch offence the fum of three fhillings and fourpence, of current money of England, to the ufe of the poor of the parish where the faid offence fhall be committed; to be levied by way of diftrefs, in fuch manner and form as is before appointed by this Act, for the levying of the penalty of five fhillings for being drunk: and if it happen that any offender or offenders against the true intent of this clause or branch, being thereof lawfully convicted, be not able to pay the faid forfeiture or forfeitures; then it fhall and may be lawful for any Mayor, Bailiff, or other head officer, Juftice or Juftices of Peace, or Court, where any fuch conviction shall be, to punish the said offender or offenders, offenders, by setting him, her, or them, in the stocks, for every fuch offence, by the space of four hours. 5. For the more due execution of this Statute, and for the better and more due proceeding against such offenders, all offences of drunkennefs, and of excefs and unmeafurable drinking, be it further enacted by the authority of this prefent Parliament, That all the offences in this Act, and in the faid former Act mentioned, fhall be, from time to time, diligently enquired of and prefented before the Juftices of Affizes in their circuit, Juftices of the Peace in their Quarter or Ordinary Seffions, and before the Mayors, Bailiffs, or other head officers of every city or town corporate, who have power to enquire of trefpaffes, riots, routs, forces, and fuch like offences, and in every Courtleet; and thereupon fuch due proceeding fhall be against the offender or offenders, for their due conviction in that behalf, as in fuch like cafes, upon any indictment or prefentment, is used by the laws of the realm, or customs of the city, town, or place, where fuch prefentment or indictment shall be enquired of and found. 6. And it is further enacted by the authority aforefaid, That if any perfon or perfons, being once lawfully convicted of the faid offence of drunkennefs, fhall after that be again lawfully convicted of the like offence of drunkennefs, that then every perfon and perfons, fo fecondly convicted of the faid offence of drunkenness, fhall be bounden with two fureties to our fovereign Lord the King's Majefty, his heirs and fucceffors, in one recognizance or obligation of ten pounds, with condition to be from thenceforth of good behaviour. 7. Be it further enacted by the authority aforefaid, That all Conftables, Church-wardens, Headboroughs, Tithingmen, Aleconners, and Sidemen, fhall, in their feveral oaths incident to their feveral offices, be charged in like fort to prefent the offences contrary to this Statute. 8. Provided always, That this Act, or any thing therein contained, do not in any wife abridge or reftrain the ecclefiaftical power or juridiction; but that all Ordinaries, and other ecclefiaftical Judges and officers, fhall and may proceed to enquire of, cenfure, and punish all fuch offenders, according to the ecclefiaftical laws of this realm, in fuch manner and form as before they lawfully might do; any thing in this Act to the contrary notwithstanding. 9. Provided alfo, That when any of the offenders against the true intent of this Act, or any branch or article there of, of, hath been once punished or corrected for his or her offence, by any the ways and means before limited, that then the faid offender fhall not be eftfoons punifhed or corrected for the fame offence by any other ways or means. 10. Provided always, That this Act, or any thing there in contained, fhall not be prejudicial to either of the two Universities of this land; but that the Chancellors, Mafters, and Scholars, and the fucceffors of them, and either of them, may as fully use and enjoy all their jurifdictions, rights, privileges, and charters, as heretofore they have or might have done; any thing in this Act to the contrary notwithstanding. 11. Provided always, That no perfon or perfons shall be punished, impeached, or molefted, for any offence mentioned in this Statute, unlefs he fhall be for the fame offence prefented, indicted, or convicted, within fix months after fuch offence committed. This Act to continue until the end of the first feffion of the next Parliament. perpetual, 1 Car. I. cap. iv. 21 Jac. I. Cap. vii. Made An Act for the better repreffing of Drunkenness, and reftrain ing the inordinate baunting of Inns, Aleboufes, and other Victualling-boufes. WE HEREAS one Statute, intituled, An Act to restrain the inordinate haunting or tippling in Inns, Alehouses, and other Victualling-boufes, made in the firft year of his Highness's happy reign of England; and another Statute, intituled, An Act to reprefs the odious and loathfome Sin of Drunkennefs, made in the fourth year of his Highness's reign of England, were made to continue to the end of the firft feffion of the next Parliament, and by experience have been found good and neceffary laws; be it therefore enacted, That the faid Statutes, with the alterations and additions hereafter expreffed, fhall be put in due execution, and continue for ever. And whereas by the faid Statutes, proof of two witneffes is required, be it enacted, That proof of one witness from henceforth fhall be allowed and taken for fufficient in that behalf; and that the vỚluntary confeffion (before any fuch perfons as by the said Act |