An Acte for repressinge the odious and loathsome synne of Drunckennes (1606)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1606 |
| Period | Stuart |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. IV, Part II, Anno 4° [& 5] JACOBI, I. A. D. 1606. [& 1607.], CHAPTER V.]
THERAS the loathsome and odyous Synne of Drunkennes is of late growen into comon use within this Realme, beinge the roote and foundacion of many other [enormious'] Synnes, as Bloodshed Stabbinge Murder Swearinge Fornicacion Adulterye and such lyke, to the great dishonour of God and of our Nacion, the overthrowe of many good Artes and Manuell Trades, the disablinge of dyvers Workmen and the gewall ympovishing of many good Subjectf, abusievely wasting the good Creatures of God: Be it therefore enacted by the King most excellent Majestie the Lordf Spirituall and Temporall and Comons in this psent Parliament assembled and by the authoritie of the same, That all and every poon or prons which after Fortie Dayes next followinge the end of this posent Session of Parliament shalbe drunke, and of the same Offence of Drunkennes shall be lawfullie convicted, shall for every such Offence forfeite and loose Fyve Shillinge of lawfull Money of England, to be paid within one weeke next after his her or their Conviccion thereof, to the Handes of the Churchwardens of that Parish where the Offence shalbe comytted, who shalbe accomptable therefore to the use of the Poore of the same Parishe; And if the said pson or psons so convicted shall refuse or neglect to paye the said Forfeiture as aforesaid, Then the same shalbe from tyme to tyme levyed of the Goodf of every such pson or psons soe refusinge or neglectinge to pay the same, by Warrant or Precept from the same Courte Judge or Justices before whome the same Conviccion shalbe; And if the Offender or Offendors be not able to paye the said some of Fyve Shillinges, then the Offendor or Offendors shalbe cümytted to the Stock for every Offence, there to remaine by the space of Six Howers
Asd be yt further enacted by the authoritie aforesaid, That if any Constable or any other inferior Officer of that Parish or Place where the Offence shalbe comytted, to whome that shalbe given in charge by the pcept of any Maior Bayliffe, other Head Officer or Justice of the Peace within their severall Lymitę, doe neglect the due correccion of the said Offendor, or the due levyinge of the said Penalties where Distresse may be had, then every pson so offendinge shall forfeite the some of Tenne Shillinge of currant Money of England to the use of the Poore of the same Parishe or Place where the Offence shalbe comitted, to be levyed by way of Distresse by any other pson or psons havinge Warrant from any Mayor Bayliffe or other Heade Officer Justice of Peace or Courte where any such Conviccion shalbe, and to be paid to the Churchwardens as before lymited, whoe are alsoe to accompte for the
same to the Use aforesaid
AND be it further enacted by the authoritie aforesaid, That if any pson or psons within this Realme of England or the Domynion of Wales, shall remayne or contynue drinckinge or typlinge in any Inne Victualinge Howse or Alehowse, beinge in the same Citie Towne Village or Hamlett wherein the said pson or psons soe remayninge weder i Jee. 1. c. 9. drinckinge or tiplyinge doth dwell and inhabite at the tyme of such drinckinge and tiplynge, & the same beinge
on Proof
3. 44. or Stocks
vewed and seene by any Maior or other Head Officer Justice or Justices of Peace within their severall Lymitte or dulye pved in such manner and forme as is lymited in and by one Act of Parliament made in the first Sessyon of this sent Parliament, intituled An Act to restraine the inordinate hauntinge and typlinge in Innes Alehouses and other Victualinge Houses, unles it be in such case or cases as be tollerated or excepted in the said Act, that then every pson or psons soe offendinge shall forfeite and lose for every such Offence the some of Three Shilling and foure pence of currant Money of England, to the Use of the Poore of the Parishe where the same Offence shalbe comytted, to be levyed by way of Distrese, in such manner and forme as is before appointed by this Act, for the levyinge of the Penaltie of Fyve Shilling for being drunke; And if it happen that any Offendor or Offendors against the true Intent of this Clause or Branche, beinge thereof lawfullye convicted, be not able to paye the saide Forfeiture or Forfeitures, then it shall and may be lawfull for any Maior Bayliffe or other Head Officer Justice or Justices of Peace or Courte where any such Conviccion shalbe, to punishe the said Offendor of Offendors, by settinge him her or them in the Stock for every such Offence by the space of foure houres
Fon the more due execucion of this Statute, and for the better and more due pceedinge against such Offenders, all Offencef of Drunkennes and of excesse and unmeasurable Drinckinge; Be it further enacted by the authoritie of Juniors of Amire this prent Parliament, That all y' Offences in this Act, and in the saide former Act mencioned, shalbe from tyme
Offeners shall be prewated before or Poore, &c
to tyme deligentlye enquired of, and peented before the Justice of [Assizes'] in their Circuite Justices of the Peace in their Quarter or Ordinarie Sessions, and before the Maiors Bayliffes or other Head Officers of everie Cittie or Towne Corporate, who have Power to enquire of Trespasses Riott Routes Forces and such like Offence, and in every Courte Leete, and thereupon such due aceedinge shalbe against the Offender and Offenders for their due condiccion in that behalf, sa in such lyke cases, upon any Indictament or Prentment is used by the Laws of the Realme or Customes of the Cittye Towne or Place where such puentment or Indictment shalbe enquired of
and founde
'enormous O
• Assise O
v. Offenders convicted cond T
AND it is further enacted by the authoritie aforesaid, That if any pson or psons beinge once lawfullye convicted of the said Offence of Drunkenness, shall after that be againe lawfully convicted of the lyke Offence of Drunkennes, that then every pson and psons soe secondlye convicted by the said Offence of Drunkennesse shalbe bounden with shall be bound to twoe Sureties to our Soveigne Lorde the King Majestie his Heires and Successors in one Recognizance or Obligacion of Ten powndes, with Condicion to be from thenceforth of good Behaviour
Be it further enacted by the authoritie aforesaid, That all Constables Churchwardens Headboroughes Tithingmen Alecunners and [Sydemen,'] shall in their severall Othes incident to their severall Offices be charged in lyke sorte to psent the Offences cont'rye to this Statute
good Behavazut
Constables, shall be charged to
make Prevenumenta
VII. Provisa for
Censures, &c
PROVIDED alwaies, That this Act or any thinge therein conteyned doe not in any wise abridge or restraine the Ecctiasticall Power or Jurisdiccion, but that all Ordinaries and other Ecctiasticall Judges and Officers shall and may Ecciemantical peeede to enquire of censure and punishe all such Offenders according to the Ecchiasticall Lawes of this Realme, in such maner and forme as before they lawfully mighte doe; Any thinge in this Act to the cont'rye notwithstandinge: Provided alsoe, That when any of the Offenders against the true intent of this Act, or any Branche or Article thereof, Ofenders shall be hath beene once punished or corrected for his or her Offence by any the wayes or meanes before lymited, that then the saide Offender shall not be eftsones punished or corrected for the same Offence by any other wayes
or meanes
only once punished
VIIL Proviso for the
PROVIDED alwayes, That this Act or any thinge therein conteyned shall not bee pjudiciall to either of the twoe Univsities of this Lande, but that the Chauncellors Masters and Schollars, and the Successors of them and either of U them, may as fullye use and enjoye all their Jurisdiccions Rightę Privileges and Charters as heretofore they have or might have done, Any thinge in this Act to the cont'rye notwithstandinge
PROVIDED alwaies, That noe pson or psons shall be punished ympeached or molested for any Offence mencioned in this Statute, unles hee shalbe for the same Offence psented indicted or convicted whin six monethes after such Offence comytted: This Act to contynue untill the ende of the firste Session of the next Parliamente
Limitation of Prociation
Six Months. Continwance
