<P_5,3>

<heading>

CHAPTER IV . (STAT-1620-E2-P2,5,3.3)

An Acte for the further restraint of Tipling in Innes , Alehouses , and
other Victualling Houses . (STAT-1620-E2-P2,5,3.4)

</heading>

Whereas in the last Parliament , it was enacted , that if any p~son or
p~sons wheresoever his or their habitacion , or abiding be , should
after be found , uppon view or his owne confession , or proofe of one
witnesse , to be tipling in any Inne Alehouse , or Victualling house ,
such p~son or p~sons should be thenceforth adjudged and construed to be
within the Statutes of the first and fourth yeares of the late King~
Majesties reigne , King James of famous memory : The one entituled , An
Act to restraine the inordinate haunting of tipling in Innes Alehouses
, and other Victualling Houses : And the other intituled , An Acte to
represse the odious and loathsome sinne of drunkennesse , as if he or
they had inhabited and dwelled in the Citie , Towne corporate , Markett
towne , Village or Hamlett , where the Inne , Alehouse , or Victualling
house was or should be , where he or they should be so found tipling ,
should incurre the like penaltie , and the same to be in such sort
levied and disposed , as in the said Act is expressed , concerning such
as there inhabite , but no punishment by any , or either of the said
Actes , or by any other Statute , is inflicted uppon the Innekeeper ,
Alehousekeeper , or Victualler that p~mitt~ $or suffers such p~son or
p~sons not there inhabiting to tipple in his Inne , Alehouse , or
Victualling House : For remedy whereof , be it enacted , That every
Innekeep , Alehousekeep , and other Victualler , that at any tyme after
the end of this Session of Parliament shall p~mitt and suffer any p~son
or p~sons , not inhabiting in the Citie , Towne corporate , Markett
Towne , Village , or Hamlett , where such Inne , Alehouse , or
Victualling House is , or $shall $be {TEXT:shalbe} , to tipple in the
saide Inne , Alehouse , or Victualling House , contrary to the true
intent of any , or either of the said former Statutes , the said
Innekeeper , Alehousekeeper , and Victualler so offending , shall
incurre the same penaltie , and in such manner to be proved , levied ,
and disposed , as in the former Statute of the first yeare of his said
late Majesties Raigne , is appointed for p~mitting such to tipple as
dwell in the same Cittie , Towne corporate , Markett Towne , Village ,
or Hamlett . (STAT-1620-E2-P2,5,3.6)

And be it further enacted , That the Keepers of Tavernes , and such as
doe sell Wine in their houses , and doe alsoe keepe Innes , or
Victualling in their houses , $shall $be {TEXT:shalbe} taken to be
within the said two former Statutes , and also within this Statute .
(STAT-1620-E2-P2,5,3.7)

<P_5,23>

<heading>

CHAPTER I . (STAT-1620-E2-P2,5,23.10)

The Peticion Exhibited to His Majestie by the Lord~ Spirituall and
Temporall and Co~mons in this p~sent Parliament assembled conc~ning
divers Right~ and Liberties of the Subject~ : with the King~ Majesties
Royall Aunswere thereunto in full Parliament .
(STAT-1620-E2-P2,5,23.11)

</heading>

To the King~ most Excellent Majestie . (STAT-1620-E2-P2,5,23.13)

Humbly shew unto our Soveraigne Lord the King the Lord~ Spirituall and
Temporall and Co~mons in Parliament assembled , That whereas it is
declared and enacted by a Statute made in the tyme of the Raigne of
King Edward the first co~monly called Statutum de Tallagio non
concedendo , That no Tallage or Ayde should be layd or levyed by the
King or his Heires in this Realme without the good will and assent of
the Archbishopps Bishopps Earles Barons Knight~ Burgesses and other the
Freemen of the Co~monaltie of this Realme , And by Authoritie of
Parliament holden in the five and twentith yeare of the raigne of King
Edward the third , it is declared and enacted , That from thenceforth
no p~son should be compelled to make any Loanes to the King against his
will because such Loanes were against reason and the franchise of the
Land , And by other Lawes of this Realme it is p~vided , that none
should be charged by any charge or Imposicion called a Benevolence nor
by such like Charge by which the Statutes before mencioned and other
the good Lawes and Statutes of this Realme your Subject~ have inherited
this Freedome That they should $not be compelled to contribute to any
Taxe Tallage Ayde or other like Charge not sett by co~mon consent in
Parliament . Yet neverthelesse of late divers Co~missions directed to
sundry Co~missioners in severall Counties with Instruccions have issued
, by meanes whereof your people have been in divers places assembled
and required to lend certaine so~mes of mony unto your Majestie , and
many of them uppon their refusall soe to doe have had an Oath
administred unto them not warrantable by the Lawes or Statutes of this
Realme and have been constrayned to become bound to make apparance and
give attendance before your Privie Councell and in other places ; and
others of them have been therefore imprisoned confined and sondry other
waies molested and disquieted And divers other charges have been laid
and levyed upon your people in severall Counties by Lord Lieuten=a=nt~
Deputie Lieuten=a=nt~ Co~missioners for Musters Justices of Peace and
others by Co~maund or Direccion from your Majestie or your Privie
Councell against the Lawes and free Customes of the Realme .
(STAT-1620-E2-P2,5,23.14)

And where alsoe by the Statute called The great Charter of the
Liberties of England , It is declared and enacted , That no Freeman may
be taken or imprisoned or be disseised of his Freehold or Liberties or
his free Customes or be outlawed or exiled or in any manner destroyed ,
but by the lawfull Judgment of his Peeres or by the Law of the Land .
<P_5,24> And in the eight and twentith yeere of the raigne of King
Edward the third it was declared and enacted by authoritie of
Parliament , that no man of what estate or condicion that he be ,
should be put out of his Land or Tenement~ nor taken nor imprisoned nor
disherited nor put to death without being brought to aunswere by due
p~cesse of Lawe . Neverthelesse against the tenor of the said Statutes
and other the good Lawes and Statutes of your Realme to that end
p~vided , divers of your Subject~ have of late been imprisoned without
any cause shewed : (STAT-1620-E2-P2,5,24.15)

And when for their deliverance they were brought before your Justices
by your Majesties Writt~ of Habeas corpus there to undergoe and receive
as the Court should order , and their Keepers co~maunded to certifie
the causes of their detayner , no cause was certified , but that they
were deteined by your Majesties speciall co~maund signified by the
Lord~ of your Privie Councell , and yet were returned backe to severall
prisons without being charged with any thing to which they might make
aunswere according to the Lawe . And whereas of late great Companies of
Souldiers and Marriners have been dispersed into divers Counties of the
Realme , and the inhabitant~ against their will~ have been compelled to
receive them into their houses , and there to suffer them to sojourne
against the Lawes and Customes of this Realme and to the great
greivance and vexation of the people . And whereas alsoe by authoritie
of Parliament in the five and twentith yeare of the Raigne of King
Edward the third it is declared and enacted that no man should be
forejudged of life or limbe against the forme of the Great Charter and
the Lawe of the Land , And by the said Great Charter , and other the
Lawes and Statutes of this your Realme no man ought to be adjudged to
death but by the Lawes established in this your Realme , either by the
customes of the same Realme or by Act~ of Parliament . And whereas no
offendor of what kinde soever is exempted from the p~ceeding~ to be
used and punishment~ to be inflicted by the Lawes and Statutes of this
your Realme , Neverthelesse of late $tyme divers Co~missions under your
Majesties great Seale have issued forth , by which certaine p~sons have
been assigned and appointed Co~mmissioners with power and authoritie to
p~ceed within the land according to the Justice of Martiall Lawe
against such Souldiers or Marriners or other dissolute p~sons joyning
with them as should co~mitt any murther robbery felony mutiny or other
outrage or misdemeanor whatsoever , and by such su~mary course and
order as is agreeable to Martiall Lawe and as is used in Armies in tyme
of warr to p~ceed to the tryall and condemnacion of such offendors ,
and them to cause to be executed and putt to death according to the
Lawe Martiall . By p~text whereof some of your Majesties Subject~ have
been by some of the said Co~missioners put to death , when and where ,
if by the Lawes and Statut~ of the land they had deserved death , by
the same Lawes and Statut~ alsoe they might and by no other ought to
have byn judged and executed . And alsoe sundrie greivous offendors by
colour thereof clayming an exemption have escaped the punishment~ due
to them by the Lawes and Statutes of this your Realme , by reason that
divers of your Officers and ministers of Justic~ have unjustlie refused
or forborne to p~ceed against such Offendors according to the same
Lawes and Statutes uppon p~tence that the said offendors were
punishable onelie by Martiall law and by authoritie of such Co~missions
as aforesaid . Which Co~missions and all other of like nature are
wholly and directlie contrary to the said Lawes and Statutes of this
your Realme . (STAT-1620-E2-P2,5,24.16)

They doe therefore humblie pray your most Excellent Majestie , that no
man hereafter be compelled to make or yeild any Guift Loane Benevolence
Taxe or such like Charge without co~mon consent by Acte of Parliament ,
And that none be called to make aunswere or take such Oath or to give
attendance or be confined or otherwise molested or disquieted
concerning the same or for refusall thereof . And that no freeman in
any such manner as is before mencioned be imprisoned or deteined . And
that your Majestie would be pleased to remove the said Souldiers and
Mariners and that your people may not be soe burthened in tyme to come
. And that the aforesaid Co~missions for p~ceeding by Martiall Lawe may
be revoked and annulled . And that hereafter no Co~missions of like
nature may issue forth to any p~son or p~sons whatsoever to be executed
as aforesaid , lest by colour of them any of your Majesties Subject~ be
destroyed or put to death contrary to the Lawes and Franchise of the
Land . All which they most humblie pray of your most Excellent Majestie
as their Right~ and Liberties according to the Lawes and Statutes of
this Realme , And that your Majestie would alsoe vouchsafe to declare
that the Award~ doing~ and p~ceeding~ to the p~judice of your people in
any of the p~misses shall not be drawen hereafter into consequence or
example . And that your Majestie would be alsoe graciouslie pleased for
the further comfort and safetie of your people to declare your Royall
will and pleasure , That in the thing~ aforesaid all your Officers and
Ministers shall serve you according to the Lawes and Statutes of this
Realme as they tender the Honor of your Majestie and the prosperitie of
this Kingdome . (STAT-1620-E2-P2,5,24.17)

<P_5,25>

<heading>

CHAPTER II . (STAT-1620-E2-P2,5,25.20)

An Act for the further reformacion of sondry abuses co~mitted on the
Lord~ Day co~monlie called Sonday . (STAT-1620-E2-P2,5,25.21)

</heading>

Forasmuch As the Lord~ Day co~monlie called Sunday is much broken and
p~faned by Carriers Waggoners Carters Waynemen Butchers and Drovers of
cattell to the great dishonor of God and reproach of Religion , Be it
therefore Enacted by the King~ most excellent Majestie and the Lord~
Spirituall and Temporall and by the Co~mons in this p~sent Parliament
assembled and by the Authoritie of the same , That no Carrier with any
Horse or Horses nor Waggonmen with any Waggon or Waggons nor Carremen
with any Cart or Cart~ nor Waynemen with anie Wayne or Waynes nor
Drovers with any Cattell shall after fortie daies next after the end of
this p~sent Session of Parliament by themselves or any other travell
uppon the said Day , uppon paine that every p~son and p~sons so
offending shall lose and forfeit twentie shilling~ for every such
offence , (STAT-1620-E2-P2,5,25.23)

Or if any Butcher by himselfe or any other for him by his privitie or
consent shall after the end of the said fortie daies kill or sell any
Victuall uppon the said Day , That then every such Butcher shall
forfait and lose for every such offence the so~me of six shilling~ and
eight pence The said offences and every of them being done in view of
anie Justice of Peace Mayor or other head Officer of any Cittie or
Towne Corporate within their lymitt~ respectivelie or being proved
uppon oath by two or more witnesses or by the Confession of the partie
offending before any such Justice Mayor or head Officer within their
severall limitt~ respectivelie wherein such offence $shall $be
{TEXT:shalbe} co~mitted , To which end every such Justice Mayor or Head
officer shall have power by this Act to minister an Oath to such
witnesse or witnesses . All which so~mes or penalties shall or may be
levied by any Constable or Churchwarden by warrant from any such
Justice or Justices of the Peace Mayor or other Head officer as
aforesaid within their severall lymitt~ where such offence $shall $be
{TEXT:shalbe} co~mitted or done by distresse and sale of the offendors
good~ rendring to the partie the overplus or $shall $be {TEXT:shalbe}
recovered by any p~son or p~sons that will sue for the same by Bill
Plaint or Informacion in any of His Majesties Court~ of Record in anie
Cittie or Towne Corporate before His Majesties Justices of the Peace in
their generall Sessions of the Peace . All which forfeitures $shall $be
{TEXT:shalbe} imployed to and for the use of the poore of the Parishes
where the said offences $shall $be {TEXT:shalbe} co~mitted or done
Saving onelie that it $shall $be {TEXT:shalbe} lawfull to and for any
such Justice Mayor or Head officer out of the said forfeitures to
reward any such p~son or p~sons that shall informe or otherwise
p~secute any p~son or p~sons offending against this p~sent Act
according to their discrecions so that such reward exceed not the third
part of the forfeiture . (STAT-1620-E2-P2,5,25.24)

Provided that such Bill Plaint or informacion $shall $be {TEXT:shalbe}
co~menced sued and p~secuted in the Countie City or Towne Corporate
where such offence $shall $be {TEXT:shalbe} co~mitted and done and not
elsewhere , wherein no Essoyne Proteccion or wager of Lawe shall be
allowed to the Defendant , (STAT-1620-E2-P2,5,25.25)

Provided allwaies that it $shall $be {TEXT:shalbe} lawfull for any
Constable or Churchwarden that shall have any Suit or Accion brought
against them for any distresse by them or any of them to be taken by
force of this p~sent Act to pleade the generall issue , and to give the
speciall matter in evidence . (STAT-1620-E2-P2,5,25.26)

Provided likewise that no p~son or p~sons whatsoever $shall $be
{TEXT:shalbe} impeached by this Act , unlesse he be thereof questioned
within six Monethes after the offence co~mitted .
(STAT-1620-E2-P2,5,25.27)

Provided further that this Act shall not in any sort abridge or take
away the Authoritie of the Court~ Eccl~iasticall ,
(STAT-1620-E2-P2,5,25.28)

This Act to continue to the end of the first Session of the next
Parliament . (STAT-1620-E2-P2,5,25.29)

<heading>

CHAPTER III . (STAT-1620-E2-P2,5,25.31)

An Act to restraine the Passing or Sending of any to be popishly bred
beyond the Seas . (STAT-1620-E2-P2,5,25.32)

</heading>

Forasmuch as divers ill affected p~sons to the true Religion
established within this Realme have sent their Children into forraine
Part~ to be bred upp in Popery notwithstanding the Restraint thereof by
the Statute made in the First Yere of the Raigne of our late Soveraigne
Lord King James of famous memory , Be it enacted That the said Statute
$shall $be {TEXT:shalbe} put in due Execucion .
(STAT-1620-E2-P2,5,25.34)

And be it further enacted by the King~ most excellent Majestie and the
Lord~ Spirituall and Temporall and Co~mons in this p~sent Parliament
assembled and by the Authoritie of the same , That in case any p~son or
p~sons under the Obedience of the King His Heires and Successors at any
Tyme after the End of this Session of Parliament shall passe or goe or
shall convey or send or cause to be sent or conveyed any Child or other
p~son out of any of the King~ Dominions into any the Part~ beyond the
Seas out of the King~ Obedience to the Intent and Purpose to enter into
or be resident or trayned upp in any Priory Abby Nunnery Popish
Univ~sitie Colledge or Schoole or House of Jesuit~ Preist~ or in any
private Popish Familie and $shall $be {TEXT:shalbe} there by any
Jesuite Seminary Priest Fryer Monke or other Popish p~son instructed
p~swaded or strengthened in the Popish Religion in any Sort to p~fesse
the same or shall convey or send or cause to be conveyed or sent by the
Hand~ or Meanes of any p~son whatsoever any so~me or so~mes of Mony or
other Thing for or toward~ the maynten=a=nce of any Child or other
p~son already gone or sent to goe or to be sent and trayned and
instructed as is aforesaid or under the Name or Colour of any Charitie
Benevolence or Almes toward~ the Releife of any Priorie Abby Nunnery
Colledge Schoole or any Religious House whatsoever . Every p~son so
sending conveying or causing to be sent and conveyed as well any such
Child or other p~son as any so~me or so~mes of Mony or other Thing and
every p~son passing or being sent beyond the Seas being thereof
lawfullie convicted in or uppon any Informacion p~sentment or
Indictment as is aforesaid $shall $be {TEXT:shalbe} disabled from
thenceforth to sue or use any Accion Bill Plaint or Informacion in
Course of Lawe or to p~secute any Suite in any Court of Equitie or to
be <P_5,26> Co~mittee of any Ward or Executor or Administrator to any
p~son or capable of any Legacie or Deed of Gift or to beare any Office
within the Realme ; and shall loose and forfeite all his Good~ and
Chattell~ and shall forfeit all his Land~ Tenement~ and Hereditament~
Rent~ An~uities Offices and Estates of Freehold for and during his
naturall Life . (STAT-1620-E2-P2,5,26.35)

Provided allwaies That no p~son sent or conveyed as aforesaid that
shall within Six Monethes after his Retorne into this Realme conforme
himselfe unto the p~sent Religion established in this Church of England
and receive the Sacrament of the Lord~ Supper according to the Statutes
made concerning Conformitie in other Cases required from Popish
Recusant~ shall incurre any the Penalties aforesaid .
(STAT-1620-E2-P2,5,26.36)

{COM:The_two_following_clauses_are_annexed_to_the_original_act_in_a_sep
arate_schedule}

And it is enacted That all and every the Offences against this Statute
may be enquired heard and determined before the Justices of the King~
Bench or Justices of Assise or Gaole delivery or of Oyer and Terminer
of such Counties where the Offenders did last dwell or abide , or
whence they departed out of this Kingdome or where they were taken .
(STAT-1620-E2-P2,5,26.38)

Provided also That if any p~son or Childe so passing or sent or now
being beyond the Seas shall after his Retorne into this Realme conforme
himselfe $unto $this Religion established in this Church of England and
receive the Sacrament of the Lord his Supper according to the Statut~
made for or concerning Conformity in other Cases required from Popish
Recusant~ for and during such tyme as he or she shall so contynue in
such Conformitie and Obedience according to the true Intent and Meaning
of the said Lawes and Statut~ shall have his or her Land~ restored to
them againe . (STAT-1620-E2-P2,5,26.39)

<heading>

CHAPTER IV . (STAT-1620-E2-P2,5,26.41)

An Act for the better Suppressing of unlicenced Alehouse keepers .
(STAT-1620-E2-P2,5,26.42)

</heading>

Whereas by an Acte made in the Fift Yeare of the Raigne of King Edward
the Sixth of famous Memory entituled An Act for Keepers of Alehouses to
be bound by Recognizance amongest other Thing~ it is enacted That if
any p~son or p~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~mon Alehouse or Tipling
house or should contrary to the co~maundement of the said Justices or
Two of them use co~monlie selling of Ale or Beere , that then the said
Justices of Peace or Two of them <paren> whereof one to be of the Quo~
</paren> should for every such Offence committ every such p~son or
p~sons so offending to the Co~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 .
(STAT-1620-E2-P2,5,26.44)

And before his or their Deliverance the said Justices should take
Recognizance of him or them so co~mitted , with Two Suerties that he or
they should not keepe any co~mon Alehouse Tipling house or use
co~monlie selling of Ale or Beere as by the Discrecion of the said
Justices should seeme convenient : (STAT-1620-E2-P2,5,26.45)

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~mitted or done , which
Certificate should be a sufficient Conviccion in Law of the same
offence , (STAT-1620-E2-P2,5,26.46)

And the said Justice of Peace uppon the said Certificate made , should
in open Sessions assesse the Fine for every such Offence at Twentie
Shilling~ , as by the said Acte may appeare : Which Law hath not
wrought such Reformacion as was intended , for that the said Fine of
Twentie Shilling~ is seldome levied , and for that many of the said
Offendors by Reason of their Povertie are neither-4 able to pay the
said Fine of Twentie Shilling~ , 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~senting them and the Offendors become obstinate and incorrigible .
For Remedie whereof , be it enacted by the Authoritie of this p~sent
Parliament That if any p~son or p~sons after Fortie Daies next ensuing
the End of this p~sent Session of Parliament shall uppon his owne
Authoritie not being thereunto lawfullie licensed take uppon him her or
them to keepe a co~mon Alehouse or Tipling house or use co~monlie
selling of Ale Beere Cyder or Perrie : that then every such p~son or
p~sons shall for every such Offence forfeite and lose the so~me of
Twentie Shilling~ of Currant Mony of England to the Use of the Poore of
the Parish where such Offence $shall $be {TEXT:shalbe} co~mitted : the
same Offence being viewed and seene by any Mayor Bayliffe or Justice of
Peace or other Head Officer within their severall Limitt~ 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 $shall
$be {TEXT:shalbe} authorised to minister the said Oath to any p~son or
p~sons that can or will justifie the same being within the Limitt~ of
their said Co~mission . The said Penaltie to be levied by the
Constables or Churchwardens of the Parish or Parishes where the said
Offence $shall $be {TEXT:shalbe} co~mitted who $shall $be {TEXT: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~cept from the
said Mayor Bayliffe Justice or Justices or other Head Officer by whome
the said Offence $shall $be {TEXT:shalbe} viewed or before whom the
same $shall $be {TEXT: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 , (STAT-1620-E2-P2,5,26.47)

and this to be onelie for the <P_5,27> First Offence .
(STAT-1620-E2-P2,5,27.48)

And if such Offendor or Offendors shall not have sufficient Good~ and
Chattell~ , whereby the said Twentie Shilling~ may be levied by way of
Distresse as aforesaid or shall not pay the said so~me of Twentie
Shilling~ 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 $shall $be {TEXT:shalbe} convicted as
aforesaid shall co~mitt all and every the said Offendors to some
Constable or Constables or other inferior Officer or Officers of the
Citie Borough Towne Parish or Hamlett where the Offence $shall $be
{TEXT:shalbe} co~mitted or the Partie app~hended to be openlie whipped
$for {TEXT:for_for} the said Offence as the said Justice or Justices
shall lymitt or appoint . (STAT-1620-E2-P2,5,27.49)

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 Justices of Peace or other Head Officer to
co~mitt the Constable or other inferior Officer so refusing or not
executing the said Punishment by himselfe or some other to the Co~mon
Gaole of the said Countie Cittie or Towne Corporate there to remaine
without Bayle or Mainprise untill the said Offendor or Offendors $shall
$be {TEXT:shalbe} by the said Constable or Constables or other
inferiour Officer so refusing or not executing the said Punishment or
some by his $or {TEXT:or_his} their p~curement punished $or whipped as
is above lymitted and declared or untill he or they so neglecting or
refusing shall have paid the so~me of Fortie Shilling~ of lawfull Mony
of England unto the Use of the Poore of the Parish for their said
Contempt . (STAT-1620-E2-P2,5,27.50)

And be it further enacted That if the said Offendor or Offendors being
an unlicensed Alehousekeep shall offend in any of the p~misses the
second tyme and be thereof convicted in Manner and Forme aforesaid ,
that then the said Mayor Bayliffe Justice or Justices of 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~sons , And if such p~son or p~sons shall
againe offend and $shall $be {TEXT:shalbe} thereof convicted as
aforesaid , that then the said Offendor or Offendors for every such
Offence $shall $be {TEXT:shalbe} co~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 $shall $be {TEXT:shalbe} delivered from thence
. (STAT-1620-E2-P2,5,27.51)

Provided alwaies That such Offendor or Offendors as $shall $be
{TEXT: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 $shall $be {TEXT: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~sent
Act nor any Thing therein conteyned . (STAT-1620-E2-P2,5,27.52)

Provided alwaies That in such Townes and Places where any Faire or
Faires $shall $be {TEXT:shalbe} kept , that for the time onelie of the
same Faire or Faires it $shall $be {TEXT:shalbe} lawfull for every
p~son or p~sons to use co~mon selling of Ale or Beere in Boothes or
other Places there for the Releife of the King~ Subject~ 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 . (STAT-1620-E2-P2,5,27.53)

