1606 . James I. c. 5.

 

An Act for repressing the odious and loathsome Sin of Drunkenness.

Whereas the loathsome and odious Sin of Drunkenness is of late grown into common Use within this Realm, being the Root and Foundation of many other enormous Sins, as Bloodshed, Stabbing, Murder, Swearing, Fornication, Adultery, and such like, to the great Dishonour of God, and our Nation, the Overthrow of many good Arts and manual Trades, the disabling of divers Workmen, and the general Impoverishing of many good Subjects, abusively wasting the good Creatures of God:

II.

Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all and every Person or Persons, which, after Forty Days next following the end of this present Session of Parliament, shall be drunk, and of the same Offence of Drunkenness shall be lawfully convicted, shall for every such Offence forfeit and lose Five Shillings of lawful Money of England, to be paid within One Week next after his, her, or their Conviction thereof, to the Hands of the Churchwardens of that Parish where the Offence shall be committed, who shall be accountable therefore to the Use of the Poor of the same Parish; and if the said Person or Persons so convicted shall refuse or neglect to pay the said Forfeiture as aforesaid, then the same shall be from time to time levied of the Goods of every such Person or Persons so convicted for refusing or neglecting to pay the same, by Warrant or Precept from the same Court, Judge or Justices, before whom the same Conviction shall be; and if the Offender or Offenders be not able to pay the said Sum of Five Shillings, then the Offender or Offenders shall be committed to the Stocks for every Offence, there to remain by the Space of Six Hours.

III.

And may it further enacted by the Authority aforesaid, That if any Constable, or any other inferior Officer of that Parish or place where the Offence shall be committed, to whom that shall be given in Charge by the Precept of any Mayor, Bailiff or other Head Officer, or Justices of the Peace within their several Limits, do neglect the due Correction of the said Offender, or the due levying of the said Penalties, where Distress may be had; then every Person so offending shall forfeit the Sum of Ten Shillings of current Money of England, to the Use of the Poor of the same Parish or Place where the Offence shall be committed, to be levied by way of Distress, by any other Person or Persons having Warrant from any Mayor, Bailiff or other Head Officer, Justices of Peace, or Court, where any such Conviction shall be, and to be paid to the Churchwardens as before limited, who are also to account for the same to the Use aforesaid.

IV.

And may it further enacted by the Authority aforesaid, That if any Person or Persons within this Realm of England, or the Dominion of Wales, shall remain or continue drinking or tipling in any Inn, Victualling-house or Alehouse, being in the same City, Town, Village or Hamlet wherein the said Person or Persons (so remaining drinking or tipling) doth dwell and inhabit at the time of such drinking and tipling; and the same being viewed and seen by any Mayor, Bailiff or other Head Officer, or Justices of the Peace within their several Limits, or duly proved in such Manner and Form as limited in and by One Act of Parliament made in the First Session of this present Parliament, intituled, An Act to retsrain the inordinate haunting and tipling in Inns, Alehouses and other Victualling Houses, unless it be in such Case or Cases as be tolerated or excepted in the said Act; that then every Person or Persons so offending shall forfeit and lose for every such Offence, the Sum of Three Shillings and Four pence of current Money of England, to the Use of the Poor of the Parish where the said Offence shall be committed, to be levied by way of Distress, in such Manner and Form as is before appointed by this Act, for the levying of the Penalty of Five Shillings 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 said Forfeiture or Forfeitures, then it shall and may be lawful for any Mayor, Bailiff or other Head Officer, Justice or Justices of the Peace, or Court, where any such Conviction shall be, to punish the said Offender or Offenders, by setting him, her, or them in the Stocks for every such Offence, by the Space of Four Hours

V.

For the more due Execution of this Statute, and for the better and more due Proceeding against such Offenders, all Offences of Drunkenness, and of Excess and unmeasurable Drinking, Be it further enacted by the Authority of this present Parliament, That all the Offences in this Act, and in the said former Act mentioned, shall be from time to time diligently enquired of and presented before the Justices of Assizes in the Circuit, Justices of the Peace in their Quarter or Ordinary Sessions, and before the Mayors, Bailiffs or other Head Officers of every City or Town Corporate, who have Power to enquire of Trespasses, Riots, Routs, Forces and such like Offences, and in every Court-Leet, and thereupon such due Proceedings shall be against the Offender and Offenders for their due Conviction in that Behalf, as in such like Cases upon any Indictment or Presentment is used by the Laws of the Realm, or Customs of the City, Town, or Place where such Presentment or Indictment shall be enquired of and found.

VI.

And be it further enacted by the Authority aforesaid, That is any Person or Persons, being once lawfully convicted of the said Offence of Drunkenness, shall after that again be lawfully convicted of the like Offence of Drunkenness, that then every Person and Persons so secondly convicted of the said Offence of Drunkenness, shall be bounden with Two Sureties to our Sovereign Lord the King's Majesty, his Heirs and Successors, in our Recognizance or Obligation of Ten Pounds, with Condition to be from thenceforth of good Behaviour.

VII.

Be it further enacted by the Authority aforesaid, That all Constables, Churchwardens, Headboroughs, Tithingers, Ale-conners and Sidemen, shall in their several Oaths incident to their Offices, be charged in like Sort to present the Offences contrary to this Statute.

VIII.

Provded always, That this Act, or any Thing therein contained, do not in any wise abridge or restrain the Ecclesiastical Power of Jurisdiction, but that all Ordinaries, and other Ecclesiatical Judges and Officers, shall and may proceed to enquire of, censure, and punish all such Offenders according to Ecclesiastical Laws of this Realm, in such Manner and Form as before they lawfully might do; any Thing in this Act to the contrary notwithstanding.

IX.

Provided also, that when any of the Offenders against the true intent of this Acct, or any Branch or Article thereof, hath been once punished or corrected for his or her Offence, by any the Ways and Means before limited, that then the said Offender shall not be eftsoons punished or corrected for the same Offence by any other Ways or Means.

X.

Provided always, That this Act, or any Thing therein contained, shall not be prejudicial to either of the Two Universities of the Land, but that the Chancellors, Masters and Scholars, and the Successors of them and either of them, may as fully use and enjoy all their Jurisdictions, Rights, Privileges and charters, as heretofore they have or might have done; any Thing in this Act to the contrary notwithstanding.

XI.

Provided always, That no Person or Persons shall be punished, impeached or molested for any Offence mentioned in this Statute, unless he shall be for the same Offence presented, indicted or convicted within Six Months after such Offence committed: This Act to continue until the End of the First Session of the next Parliament.

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