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Inne, Common Inns are instituted for passen∣gers and wayfaring men, for the Latin word for an Inne is diversorium, because he that lodgeth there est quasi divertens se à via, and therefore if a neighbour which is not a traveller, as a friend at the request of the Inkeeper lodge there, and his goods are stolen, he shall not have an Action, for the Writ is, ad hospitandos homines per partes,* 1.1 ubi hujusmodi hospitia existunt, transeuntes, & in
isdem hospitantes. The Innekeeper shall answer for not••ing, which is out of his Inne, but on∣ly for those things which are infra hospitium, the words are eorum bona, & catalla infra hos∣pitia ida existentia, and therefore the Horse which at the request of the owner is put to pasture, be∣ing not infra hospitium, the Innekeeper is not bound by the Law, to answer for him, if he be stolen, but if the owner require not this, but the Innekeeper of his own head puts the Horse of his Guest to the pasture, he shall answer for him if he be stolen, Hospes est, quasi hospitium petens. The host shall not be charged except there be some default in him or his servants. The words are ita quod per desectum hospitatorum, seu servientium s••orum, hospitibus hujusmo∣di damni non eveniat, and although the guest deliver not the goods to the Host to keep, nor acquaint him with them, yet if they be stollen, the Host shall be charged, but if the servant of the guest, or he which comes with him, or he which desires to be lodged with him, steal his goods, the Host shall not be charged, for it was the fault of the guest to have such a companion or servant, but if the Host appoint one to lodge with another, he shall answer for him, as appears.
The Hostler requires his guest to put his goods in such a chamber, under lock and key, and then he will warrant them, otherwise not, the guest suf∣fers* 1.2 them to be in outward Court, where they were ••tolen, the Host shall not be charged for the fault ••hat is in the guest.
If one bring a bag or chest of Evidences or Ob∣〈…〉〈…〉gations into an Inne, and they be stolen through 〈…〉〈…〉e default of the Host, the Innekeeper shall an∣••wer for them.
If a man lodg with any (which is not an Inne∣keeper, upon request, and he be robbed in his house, by his servants, which lodgeth him or any o∣ther, he shall not answer for it, for the words of the Writ are hospitatores qui communia hospitia Te∣nent.
Anno 21 Iacobi, Any person whatsoever found* 1.3 tipling in any Inne or Alehouse, to be adiudged within the compass of the Statutes against drunken∣ness.
An Alehouse-keeper convict of offence against the Statute, to be disabled to keep an Alehouse for three years after.
Cook 8 Rep. Calyes Case.
Cook ubi supra.
Proof of one witness sufficient. See the Statute pri∣mo Car••li c. 4.