Whereas the ancient, true, and principal use of wine, ale-houses, and victualling-houses was for the receipt, relief, and lodging of wayfaring people travelling from place to place, and for the supply of the wants of such people as are not able by greater quantities to make their provision of victuals; and not meant for entertainment and harbouring of lewd and idle people to spend and consume their money and time in lewd and drunken manner: it is enacted that only travellers, and travellers’ friends, and labourers for one hour at dinner-time or lodgers can receive entertainment under penalty.
The statute of 4th James imposes punishment for drunkenness:—
Whereas the loathsome and odious sin of drunkenness is of late grown into common use, 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 of 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.
Therefore a fine of five shillings was imposed for intoxication, or confinement in the stocks for six hours, and for the first offence of remaining drinking in a person’s own neighbourhood, a fine of three shillings and fourpence, or the stocks, the penalty being increased for further offence. The fine, it must be remembered, was worth several times the same amount imposed now for intoxication, and the high road to it, tippling, is now passed over. The time prescribed in the stocks was fixed at six hours, because by that time the statute presumed the offender would have regained his senses, and not be liable to do mischief to his neighbours.[127]
Little success can as yet have attended legislation, for in 1609, the statute, admitting that ‘notwithstanding all former laws and provisions already made, the inordinate and extreme vice of excessive drinking and drunkenness doth more and more abound,’ enacts that offenders convicted against the two last Acts shall be deprived of their licence. Again has this statute to be renewed in 1623, as though the executive had slept. Among the grievances that the Parliament of 1621 examined was one that patents had been granted to Sir Giles Mompesson and Sir Francis Michel, for licensing inns and ale-houses; that great sums of money had been exacted under pretext of these licences; and that such innkeepers as presumed to continue their business without satisfying the rapacity of the patentees, had been severely punished by fine, imprisonment, and vexatious prosecutions. The patentees were denounced as criminals. They fled for refuge. Sentence was passed upon them, which, in the case of Mompesson, was commuted. Many useful hints might be learnt from purely local legislation from time to time. Indeed, a most useful code might be formed from a digest of borough enactments. Let one illustration suffice. We find a local law at Lyme, about this time, to the effect that no retailer of beer was to sell to any craftsman or servant of the town, unless he was in company with a stranger. In 1612 it was there ordered that no one should tipple any one day above one hour in any house. It merely remains to be noticed that in Cott. MSS. Titus B. III. Codex chartaceus, in folio, Constans fol. 281, may be found—
1. A letter of James I. to the magistrates of Southampton; with orders for the regulation of ale-houses and victualling-houses, Westm., March 3, 1607.
2. An order of the Queen’s Council for an exact account of all the inns, ale-houses, and taverns in the kingdom, towards levying a tax upon them for the repairs of Dover harbour. Richmd, July 20, 1577.
3. An order for the regulation of ale-houses, 1608.
4. An order of Privy Council for a return concerning the ale-houses in different countries, Feb. 19, 1608.
5. Three letters of the Privy Council, and a paper of directions concerning ale-houses. Greenwich, June 30, 1608.[128]