7 Edw. VI. c. 5. 1553.

The act to avoid the excessive prices of wine.

FOR the avoiding of many inconveniencies, much evil rule and common resort of misruled persons used and frequented in many taverns of late newly set up in very great number in back-lanes corners and suspicious places within the city of London, and in divers other towns and villages within this realm; (2) Be it enacted by the authority of this present parliament, That no person or persons whatsoever, inhabiting within any of the King's majesty's dominions of England and Wales shall after the feast of St. Michael the archangel next coming, utter by retail by small measure, that is to say, by gallon, or any other measure of greater or lesser quantity, any wines called Gascoin, Guyon or French wines, but after the rate of viij. d. the gallon at the most, by any manner of means, colour, engine or craft: (3) nor any Rochel wines at greater prices or valuation than after the rate of iv. d. the gallon at the most ; (4) nor any other wine or wines at greater price or valuation than after the rate of xii. d. the gallon at the most; (5) upon pain that every person doing the contrary shall forfeit for every such offence five pounds of lawful money of England.

II.

And be it further enacted by the authority aforesaid, That it shall not be lawful to any person or persons within any the dominions aforesaid, except he or they shall and may dispend in lands, tenements, hereditaments or other yearly profits certain, the sum of one hundred marks of lawful money of England, or else be worth of his own proper goods and chattels one thousand marks, or shall be the son of a duke, marquess, earl, viscount or baron of this realm, to have and keep after the feast of St. Michael the archangel, in his house or custody, any piece or vessel of any of the said wines of Gascoign, Guyon, French or Rochel wines, containing above the quantity of ten gallons, to the intent to spend or drink the same in his or their house or houses, by any colour or means: (2) upon pain to forfeit for every such offence ten pounds of lawful money of England.

III.

And also be it further enacted by the authority of this present parliament, That it sball not be lawful to any person or persons within any of the said dominions, after the said feast of St. Michael, to keep any tavern, or to sell or utter by retail by the gallon or less or greater measure, in any place, any of the said wine or wines within any of the said dommions, except it be in cities, towns corporate, boroughs, port-towns or market-towns,or in the towns of Gravesend, Sittingborn, Tuxford, and Bagshot ;.(2) upon pain that every person or persons that shall so offend contrary to the form of this act, shall lose and forfeit for every day so offending, the sum of ten pound of lawful money of England; (3) nor that it shall be lawful to any person or persons after the said feast of St. Mchael, to keep any taverns or sell or utter by retail by the gallon or less or greater measure, in any city, borough or town corporate, any manner of wines, .but only such person and persons as shall be thereunto nominated, appointed and assigned by the head officers and the most part of the common council, aldermen, burgesses, jurats or commonalty for the time being, of such city, borough or town corporate where such person or persons shall tavern, sell, or utter wine by retail as is aforefaid; (4) the said nomination and assignment to be made by writing under the common seal of such city, borough or town corporate as is aforefaid: (5) and the said nomination, appointment and assignment shall continue in their force, or be changed, at the election and pleasure of the head officer or officers, and the most part of the common council, aldermen, burgesses, jurats or commonalty for the time being, of such city, borough or town corporate, by writing, and under such common seal as is aforesaid : (6) nor that it shall be lawful to any person or persons to keep any tavern, or to sell or utter any wine by retail as is aforesaid, in any city, borough, port-town not corporate or market-town not corporate within the realm of England, or Wales or in the said towns of Gravesend, Sittingborn, Tuxford, or Bagshot, but only such person or persons as thereunto shall be assigned, nominated and appointed by all or the most part of the justices of peace for the time being, of such shire or county where such taverns, or selling of wine by retail shall be had or allowed, as shall be present at the general sessions fo the time being, to be holden within every of the said shires, or counties ; (7) the said assignment, nomination and appointment to be had and made in full session, by writing under the several seals of every of the said justices, and to be continued, altered or changed in like form, and by like authority as is last aforefaid ; (8) upon pain that every person that shall after the said feast sell or retail any wine, being not thereunto licenced and authorised as be aforefaid, shall forfeit and lose for every day that he shall so offend, v, li. of lawful money of England: (9) nor that any person or persons having authority by this presentt act to nominate assign or appoint what persons shall tavern, utter or fell wine by retail as is aforefaid, shall nominate, assign or appoint by his or their writing, any more or greater number of taverns or wine-sellers by retail to fell or utter wine, or keep or continue any tavern at one time in any one city, borough, town corporate, port-town or market-town, or in Gravesend, Sittingborn or Bagshot (all and every such city and town hereafter expressly named only except) than two wine-fellers or taverns; (10) and it shall not be lawful to any person or persons having authority to nominate, assign or appoint taverns or sellers of wine by retail by this act, to nominate, assign or appoint, by writing, any more or greater number of taverns, or wine-sellers in the city of London to sell or utter wine by retail, at any time above the number of forty taverns or wine-fellers ; and in York eight, in Norwich four, in Westminster three, in Bristol six, in Lincoln three, in Kingston upon Hull four, in Shrewsbury three, in Exeter four, in Salisbury three, in Glocester four, in Westchester four, in Hereford East three, in Worcester three, in Southampton three, in Canterbury four, in Ipswich three, in Winchester three, in Oxford three, in Cambridge four, in Colchester three, in Newcastle upon Tine four taverns or wine-sellers; (11) upon pain that every person authorised by this act to nominate, assign or appoint taverns or wine-fellers, to forfeit for every nomination, assignment or appointment by him made contrary to the form of this act, v. li.

IV.

And be it further enacted by the authority aforesaid, That no person or persons whatsoever, from and after the said feast of St. Michael shall sell or utter by retail any kind of wines, to be drunk or spent in his or their mansion house or houses, or other place in his or their tenure or occupation, by any colour, craft, engine or mean ; (2) upon pain to forfeit for every such offence x. li. of lawful money of England: (3) The one half of all which forfeitures shall be to the King our sovereign lord, and the other half to him or them that will sue for the same by action of debt, bill, plaint or information in any of the King's courts of record, in which action or suit no essoin, wager of law or protection shall be allowed.

V.

Provided always, That it shall be lawful for all and every merchant and merchants adventuring for the fame at his or their own costs and charges, to have and keep to spend in his or their house or houses, such wine or wines as he shall transport or cause to be transported into this realm or any part thereof, not taking any money or other recompence for the same that shall be so spent in his or their houses : (2) and that it shall be lawful to every high sheriff of every county, mayor, bailiff and sheriff of every city and town corporate within this realm of England and other the said dominions for the time being, during his or their office of charge, and to every other person inhabiting or dwelling in any of the King's majesty's forts or towns fortified and kept for the wars, during his or their dwellings, in any such fort or town of war, to have wine in their houses by the vessel, to spend the same in his or their houses, without taking any money or other recompence for the same so spent in his or their houses, or other place in their tenure or occupation ; this act, or any thing therein contained to the contrary in any wise notwithstanding.

VI.

And it is further enacted by the authority aforefaid, That the justices of peace of every shire or county, city and town-corporate in their several sessions, and the steward in every leet and the sheriff in his torn, and every eschcator, shall have full power and authority by this present act, to enquire by the oaths of xij lawful men, of all and every offence and offences perpetrated or done contrary to the form of this act : (2) And that every enquiry and presentment, taken and had by the oaths of xij. lawful men as is aforesaid, sall be of such force and effect as if the same were taken or had before the King in his majesty's bench ; (3) and that every of the pains, penalties and forfeitures aforesaid, to be due by force of this act, for any offence to be committed or done by any person or persons, contrary to the form of this present ack, as shall be found by presentment before the faid justices of peace, escheators, sheriffs or steward, by verdict of xij, men as is aforefaid; (4) and no bill, plaint, action or information thereof commenced in any of the King's courts of record, shall be divided equally in two parts, whereof the one shall be to the King our sovereign lord, his heirs and successors, and the other to be to the poor people of the town or place where such presentment shall be found .

VII.

Provided always, and be it further enacted by the authority aforefaid, That this act, or any thing therein contained, shall not extend to charge any person or persons with any penalty or forfeiture for and concerning any offence to be done contrary to the tenor of this act, unless he or they so offending be sued, indicted or presented for the sarne, within one year next after the same offence be done and committed as is aforesaid ; any thing in this act contained to the contrary notwithstanding.

VIII.

Provided always, That this act or any thing therein contained, shall not in any wise be prejudicial or hurtful to any of the universities of Oxford and Cambridge, or to the chancellor or scholars of the same or their successors or any of them, to impair or take away any of the liberties, privileges, franchises, jurisdictions, powers and authorities to them or any of them appertaining or belonging : (2) But that they and every of them and their successors may have, hold, use and enjoy all their liberties, privileges, franchises, jurisdictions, powers and authorities in such large and ample wise as though this act had never been had ne made; (3) so always that there be not any more or greater number of taverns kept or maintained within any of the said towns of Oxford or Cambridge, than may be lawfully kept and maintained by the provision, true meaning and intent of this statute ; any thing in this proviso mentioned to the contrary notwithstanding.

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