Anno quinto et sexto Eduardi Sexti Actes made in the session of this present parlament, holden vpo[n] prorogacion at Westminster, the. xxiii. daie of Ianuarie, in the fiueth yere of the reigne of our moste drad souereigne Lorde, Edward the. VI. by the grace of God, kyng of Englande, Fraunce, and Irelande, defendour of the faith, and of the Churche of Englande and Irelande, in yearth [sic] the supreme hed: and there continued and kept to the. xv. daie of Aprill, in the vi. yere of the reigne of our saied souereigne lorde, as foloweth

¶ The .xxv. Chapiter. ¶ An acte for kepers of Alehouses to be bounde by recognisaunce. (Book 25)

FOR as muche, as intollerable hurtes and troubles to the common wealth of this Realme dayly doe growe and encrease through suche abuses and disor∣ders, as are had and vsed in commune Alehouses, and other houses called Tipling houses:

It is therefore enacted by the Kynge our souere∣igne lorde, with thassent of the lordes, and commons in this present Parlament assembled, and by the aucthoritie of thesame that the Iustices of peace within euery shiere, Citie, Borough, toune corporate, fraunchesse, or libertie within this Realme, or two of them at the least (wherof one of theim to be of the Quorum) shal haue ful power and aucthoritie by vertue of this acte, within euery Shiere, Citie, Bo¦rough, Toune corporate, fraunchesse, and libertie, where they be Iusti¦ces of peace, to remoue, discharge, and putte away, commune selling of ale and Biere, in thesayde commune Alehouses and Tiplyng houses, in suche Toune, or Tounes, and places, where they shall thynke mete and cōuenient. And that none after the first day of May next cōmyng, shalbe admitted, or suffred to kepe any cōmune Ale house, or Tiplyng house, but suche as shalbe therunto admitted, and allowed in the open sessions of the peace, or els by two Iustices of the peace, whereof one to be of the Quorum. And that thesayde Iustices of the peace, or two of thē (whereof the one to be of the Quorum,) shall take bonde, and suretie, from tyme to tyme, by recognisaunce, of suche as shalbe admitted and allo∣wed hereafter to kepe any cōmune Alehouse, or Tiplyng house, aswell for, and against the vsyng of vnlaufull games, as also for the vsyng and maintenaunce of good ordre and rule to be had and vsed within thesame, as by their discretion shalbe thought necessary and conueniēt. For makyng of euery whiche recognisaunce, the partie or parties that shalbe so bounde, shall paie but .xij. d. And thesayde Iustices shal cer∣tifie thesame recognisaunce at the next quarter sessions of the peace, to be holden within thesame Shiere, Citie, Borough, Toune corporate, fraunchesse, or libertie, where suche Alehouse, or Tiplyng house shalbe. Thesame recognisaunce there to remaine of recorde before the Iusti∣ces of peace of that Shiere, Citie, Borough, Toune corporate, fraun∣chesse, or libertie vpon payne of forfeicture to the kyng for euery suche recognisaunce taken, and not certified .iij. ł .vi. s̄ .viij. d.

And it is further enacted by thaucthoritie aforesaid, that the Iustices of peace of euery Shiere, citie, borough, toune corporate, fraunchesse, &

libertie, where suche recognisaunce shalbe taken, shal haue power and aucthoritie by this acte, in their quarter Sessions of the peace, by pre∣sentment, informatiō, or otherwise by their discretion, to enquire of all suche persones, as shalbe admitted, and allowed, to kepe any Alehouse or Tiplyng house, and that be bounde by recognisaunce, as is aboue∣saide, if they, or any of them, haue done any acte, or actes, wherby they or any of them haue forfeicted thesame recognisaunce. And thesaid Iu¦stices in euery shiere, and places where they be Iustices, shal vpon eue∣ry suche presentmente, or enformation, awarde processe against euery suche persone, so presented, or complained vpon before theym, to shew why he shoulde not forfeit his recognisaunce, and shal haue ful power, and aucthoritie by this acte, to heare, and to determine thesame by all suche wayes and meanes, as by their discretion shalbe thought good.

And it is further enacted by the aucthoritie aforesaide, that if anye persone, or persones, other then suche as shalbe herafter admitted and allowed by thesaide Iustices, shal aftre thesaide first day of May, ob∣stinatly, and vpon his owne aucthoritie, take vpon him, or them to ke∣pe a commune alehouse, or tiplyng house, or shal contrarye to the com∣maundemēt of thesaid Iustices, or two of them, vse commonly selling of Ale, or biere, that then thesaid Iustices of peace, or .ii. of them (wher¦of, one to be of the Quorum) shal for euery suche offence, commit euery suche persone, or persones so offendyng, to the commune Gaole, within thesame Shiere, Citie, Borough, toune corporate, fraunchesse, or liber¦tie, ther to remaine without baille or maiprise, by the space of .iij. daies And before his, or their deliueraunce, thesaide Iustices shall take reco¦guisaunce for him, or them so committed, with two sureties that he, or they, shall not kepe any commune Ale house. Tipling house, or vse com¦munely sellyng of Ale, or Biere, as by the discretion of thesayde Iusti∣ces shalbe sene cōuenient. And thesaid Iustices shal make certificat of euery suche recognisaunce, and offence, at the nexte quarter Sessions that shalbe holden within thesame Shiere, Citie, Boroughe, Towne corporate, fraunchesse, or libertie, where thesame shalbe committed, or done. Whiche certificat shalbe a sufficient conuiction in the law, of the same offence. And thesayde Iustices of peace vpon thesaide certificat made, shall in open Sessions assesse the fine for euery suche offence, at twenty shyllynges.

Prouided alwaie, that in suche townes and places, where any fayer or faiers shalbe kepte. that for the time only of thesame faier, or faiers it shalbe laufull for euery persone, and persones, to vse, commune sel∣lyng of Ale, or Biere in Bouthes, or other places there, for the relief of the Kynges Subiectes, that shall repaire to thesame, in suche like ma¦ner, and sorte, as hath bene vsed, and done, in tymes passed. This acte, or any thyng therin conteined to the con∣trary, notwithstandyng.