Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.

Trinit. 15 Jac. The King and William Allen against Theophilus Newton.

WIlliam Allen, as well for the King as for himself, did inform against Theophilus Newton, for that the Defendant not being assigned, named, or appointed to keep a Tavern within the Town of Tiverton, according to the Statute of the first of November, 13 Jacob. and for one hundred day between the first of November, and at the day of the Exhibition of the Information, to wit, the 26 of Octob. the 14 of King James, at Tiverton, did of his own authority keep and main∣tain a common Tavern; and within the said time did utter and sell Claret-wine, and White-wine, and Sack, and divers other kinds of Wine, to divers subjects of the King, by retail, contrary to the form of the Statute, whereby an Action did accrue to the King and the In∣former, to have of the Defendant 505 l. for every one of the said hun∣dred days; whereof the Informer prayed the moyety.

The Defendant, as to the Keeping the Tavern, and uttering of the Wines the first of Novemb. 13 Jacob. and all the other days between the said first of Novemb. 13 Jacob. and the said 26 Octob. 14 King James, saving fourty of the said hundred days, did plead Not guilty. And as to the said fourty days he said that the King the fourth of Janu∣ary the 3^d Jacob. by his Letters Patents under the great Seal, did grant License to Richard King and his Assigns, Thomas King and his Assigns, and John King and his Assigns, that the said Richard and his Assigns during his life, for him and themselves, their servants, deputies, and assigns, or any of them; and that the said Thomas and his assigns, after the death of the said Richard, for him and themselves, their ser∣vants and deputies, or any of them, during the life of the said Thomas; and so the said John, after the death of Richard and Thomas, &c. during the life of the said John, may have, use, occupy, and hold a Wine-Celler within the Town of Tiverton in the County of Devon, in domo mantionali in qua praedictus Richardus & Thomas & Johannes ad tunc inhabitabant, vel ex tunc in posterum inhabitur. infra praedict. Vill. de

Tiverton, de tempore in tempus vendere & utterare per retail (viz.) by the Gallon, Pottle, Quart, or Pint, or less or greater measure, all manner of good and wholesom Wine of what kinde soever, as well within their houses, as out of their houses, at his or their pleasure, and at and for such price, as from time to time the said Wines for reasonable gain may be afforded, without any Impeachment, notwithstanding the Statute of 7 Ed. 6.

That the first of September, 13 Jacob. Richard King dyed.

The last of August, 14 Jacob. Thomas King, by Deed shewn, did or∣dain the Defendant to be his Assignee, to draw and sell all good and wholesom Wines in the then Mansion House of the said Thomas in Tiverton, and to retail them without the said Houses for such prices as for reasonable gain may be afforded for one year: wherefore the De∣fendant after the said last of August, and before the Exhibition of the Information, scil. within the said fourty days, parcel of the said hun∣dred days, at Tiverton aforesaid, in the then Mansion House of the afore∣said Thomas, as his Assignee, did hold a common Tavern, and did sell and utter Claret, White-wine, and Sack, and other Wines by retail: And did aver, that he sold the said Wines for such prices as he could reasonably afford, and that they were good and wholesom Wines; and that the said Thomas is alive at Tiverton aforesaid, and that Tiverton in the Letters Patents, and Tiverton in the Information, is all one Town.

And I conceive that Iudgment ought to be given for the King and the Informer against the Defendant.

For the License is not pursued, for it is to keep a Tavern in the Mansion House, in which the three parties did then inhabit, or should after inhabit, whereby the King hath restrained this liberty to a cer∣tain place; and the Defendant doth justifie under the License of Tho∣mas King, or his Assignee, to keep a Tavern in his Mansion House, which is not warranted by the Kings License. And that every authori∣ty ought to be pursued strictly, Dyer 177. a. Cestuy que use before the Statute of 27 of Hen. 8. did will, that A. B. and C. should sell the Land, and dyes, B. and C. cannot sell the Land, for that it was a joynt authority to them all three: and the 27 H. 8. 6. A Warrant of Attor∣ney to three joyntly and severally to make livery, one of the three may make livery, but not two of them, by Baldwin: and 30 Ed. 3. 17. The King doth license one to alien his Mannor of D. who doth alien it, ex∣cepting twelve acres, this License will not serve: and 3 Ed. 3. 5. One by Fine does grant and render the Mannor of D. to the Abbot of G. and his successors, and shewed a Charter whereby the King gave leave to the Conusor to render to finde two Chaplains, &c. and he would have levyed the Fine without mentioning of the Chaplains; where∣upon the Court did refuse it, because it was disagreeing to the Charter of leave, and after he levyed the Fine according to the Charter: and in the 21 H. 7. 8. a. When the King grants a License, it ought to be strictly executed; as if the King should License one to make a Feoff∣ment by Deed, he cannot make it without Deed, and so e converso: so that the License is always to be pursued, or else there is no Warrant at all. Vide Comment. 68. Dive and Manningham. If the King doth license one to alien the third part of his Land, and he aliens all, by Montague, the alienation is without warrant. And 23 H. 8. 6. Patent 76. If the King doth licence one to alien his Mannor of D. and he doth alien it excepting one acre, the License shall not serve: and if the

King doth license one to impark an hundred acres, and he does impark them, and after adds ten acres, this is no Park. And 38 H. 6. 10. If the King grants a Leet to one in all his Land, he shall not have it, but in the Land which he had at the time of the Grant.

And this matter is enforced by the preamble of the Statute of the 7 Edw. 6. and the fifth, which is, For the avoyding of many inconveni∣ences, much evil rule and resort of disordered persons to many Taverns newly set up, in very great number, in Back-Lanes and suspicious places within London, and otherwhere: whereby it is to be presumed, that the King did take notice of the House in which the parties did then inhabit, to be a fit place, and he trusted all of them, but would not trust any one of them.

This License cannot be granted over. [ 2]

12 H. 7. 25. In a Trespass for hunting in his Park, and killing of his Deer, the Defendant justified by a License given to I. S. his Ma∣ster, under whom he as servant to him, and by his commandment made the Trespass; and resolved, that a License doth not extend but to him to whom it is given, and cannot be granted over: and with this accords 18 Edw. 4. 14. and Dyer 34 H. 8.

The Defendant hath not answered to the greatest part of the time [ 3] contained in the Information, for the Information is from the first of Novemb. 13 Jac. and a hundred other days between the first of Novem. 13 Jac. and the 26 Octob. 14 Jac. and then the Defendant pleads not guilty the first of November, and all the other days between the first of November and the 26 Octob. saving fourty of the said days, and for the fourty days he justifies by vertue of a License the last of August. 14 Jac. so that it may be that the fourty days that the Information men∣tions were before this time, for he hath the benefit of all days between the first of Novemb. and the 26 Octob. and the Not guilty at the first of November and an hundred days between that and the 26 October, and the fourty days excepted in the [Not guilty] may be as well before the last of August as afterwards; and it is at the election of the Infor∣mer to charge the Defendant with fourty days, at what time he will between the first of Novemb. and 26 of Octob. As in a Trespass for breaking a Close, the Plaintiff may after upon a new assignment, or in evidence upon Not guilty pleaded, assign the Trespass in what Land he will within the same Town, although he hath many Closes there: and therefore in this case, the Defendant ought to have pleaded Not guilty for all the days, until the last of August, and then to have justified by his License. As in a Trespass, if the Defendant do justi∣fie at another day by License, he ought to traverse the time before and after, for that the Plaintiff may charge him at what time he will.

The Plea is, that the Defendant did sell his Wines at such reason∣able [ 4] prices as he could afford them, which is utterly insufficient, for he ought to have shewed what prices, so that the Court might judg whe∣ther they were reasonable or not: as in 22 Ed. 4. 40. the Lord Lisle•• Case, to shew a sufficient discharge of Rent. And although it would be tedious to shew the price of every Quart and Pint, yet he may al∣ledg how he sells by the Quart of each kinde of Wine, especially of so short a time.

And Michaelm. 15 King James, Judgment was given for the De∣fendant against the Informer, because it was not averred that Tiver∣ton was a Corporate or Market Town; and the Statute gives several

penalties, one for keeping of a Tavern in such a Town without Li∣cense, and another penalty for keeping of a Tavern in other places without License.

Notes

• Rot. 318.
• Judgment.