It is too manifest how the loathsome vice of Drunkennesse and other disorders in Alehouses dothe daylye encrease notwithstandinge the wholsome Lawes which have been made for repressing of them, which growes partly through the negligence of officers and others to finde out and informe against them, partly through the slightnesse of the punishmentes inflicted vpon those foule offences, and partly through some difficultyes which appeare in the Execution of those Lawes, by meanes of some evasions which those offenders have devised against the plaine entent of those Lawes as first against the statute of 5: Edward 6. which gives power to 2 Justices of peace to suppresse gainst suche as shall keepe a Common Alehouse etc: if one be Convicted of sellinge beere without Licence and of never so great disorder, yet except it be prooved that he dothe vse so to doe, it is doubted whither he be within the Compasse of the statute which speaks of Comon sellinge etc: Againe wheras the stat: of I: Ja: hathe inflicted the penalty of 10 s. vpon suche Inkeeper etc. as shall suffer any of the same towne to continue drinkinge (with a proviso for suche as shalbe there in the Company of any travayler etc) which offence is to be proved by 2 witnesses and whereas the372 statute of 4: Ja: inflicteth the penalty of 3 s. 4 d. vpon every suche Alehouse holder upon like proof, and with the same proviso these statutes have not had that great effect which was expected, first for that it is verye hard to gett 2 wittnesses of suche workes of darknesse, it having been founde by experience that diverse of that wicked fellowshipp have chose safer to forsweare themselves then discover their Crymes, and where they have been founde by the officers, yet they not seeing the drink, nor being able to testifie of their continuance there, they ofte escape free againe, the companye of one or 2 strangers (thoughe of purpose drawne into them) many tymes stoppes the course of the law, lastly suche as have been very neere dwellers, yet being of another parishe, have presumed of impunity, though the statute speaks of treason and it is an approved maxim in law that penall stat: wilbe taken strict etc wheras also by the same stat: of 4: Ja: the penalty of 5 s. is inflicted vpon every one who shalbe convicted of drunkennesse, which conviction cant be but vpon Inditement etc: which custom is so dilatorye and chargeable to suche as prosecute the offenders, as many offenses of this kind are lett slippe for that cause, and never Complayned off or at least not prosecuted with effect.

lastly it is evident that the strictest Lawes wilbe of little force to suppresse drunkennesse except withall some Course be taken that beere and ale may be kept to that proportion of strength, as may be wholesome for our bodye, and not influencing to drunkenness, it being now the comon practice for everyone to strive to exceede other in the strength of their beere, that they may drawe the more customers to them: and this is one chiefe cause that Innes and Alehouses are so muche frequented, and that there is so excessive wast of Barlye, which might be imployed to the great good of the poore, and good of the whole kingdom. there being no pretence of any fine to maintain the allowance of stronge beere in those Common houses, seeing the greatest parte of the City of London content themselves with rise beere, and that many gentlemen and other persons of worthe of all sortes, doe holde to the like proportion. Besides the great waste and consumption of that graine, which might be converted to muche benefite to the kingdome, and reliefe of the people. for example there are in England and Wales betweene 9 and 10000 parishes, in which suppose there be but 20000 Innes and Alehouses, and that every of these doe allow but 2 hoggesheads a weeke and that they allow but 4 bushels to a hoggshead (though it is most certain that they vsually putt 5 or 6 bushels and more into a hoggeshed) whereas 2 bushels would make a hoggeshed of good beere (especially where they brewe any quantity togither) by this means there would be spared everye yeare aboue 500 M quarters of Barly or mault which if it were transported would enriche the kingdom 5000000 li. everye yeare: besides what would be spared in the very quantity of drink vsed in these houses is now spent in wast time so much as would serve for necessary vse. If any obiect that this course would bringe downe the price of Barly, and so consequently of lande I answere that liberty to transport either in graine or in beere would helpe this, or (which would be better) men would sowe more of other sortes of graine, which would not so soke suck and impoverish the soyle as this dothe.

In margin: Objection: this would be a punishment to the hous travayler. 373Sol: it is a Rule in Law better a mischeife then an inconvenience2 but use and means can master his appetite for the Com: good, and besides it must be proved either by arte or experience that smale bere is against health strength witt or vertue.

If any other obiections be made, they must neede all vanish having no other grounde but  beinge they tend in their purport to 3 the dishonor with the sin shame and ruine of our nation.

ob: They may make 2 sortes of Beere so as they putt not more then 2 bushels to a hoggeshed. Ans: If this be permitted it will frustrate the intent of the stat: for with 4 bushels he may have 2 hoggeshedes whereof one shall have all the strength of the mault, and the other shalbe little better then faire water:

Forasmuch as it is evident that the excessive strength of Beer and Ale in Innes and Alehouses is a principall occasion of the waste of the graine of this kingdome and the only fewell of drunkenness and disorder which by no Lawes could hitherto be repressed, because they were not limited to a reasonable and wholesome proportion in the strength of Beer and ale

Be it therefore enacted by the Kinges most excellent maiestie the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the authority of the same: that no Innkeeper Taverner Alehousekeeper or other Common victualler, after 40 dayes next ensuinge the end of this present Session of Parliament shall have in his or their houses any more then one sort of Beere or Ale onely and the same to be of no higher or greater strength then in this statute is limited, namely that no Inkeeper or Taverner in any City or towne Corporate shall brue vtter or have in his house any beer or Ale whereinto there shalbe putt more then 2 bushels and a half of mault, to one hoggshead. nor any other Inkeeper Taverner Alehousekeeper or Victualler, shall brue vtter or have in his house, any beere or Ale whervnto shalbe putt more then 2 bushels of mault to one hoggshead. vpon pain that everye Inkeeper Taverner Alehousekeeper and vietualer offending against the true intent and meaning of this statute shall forfeit for every offence X li.: the one half to the Informer, and the other to the Benefit of the hous of Correction of the same limittes to be levied by distresse by warrant from the Court or Justice before whom the same shalbe tryed. And if any suche offender shall not have wherby he or she may be distreyned, or shall not tender sufficient securytye for the payment therof in suche maner and forme as the said Court or Justice shall appointe, then the said Justice shall Inflict such bodyly punishment vpon the said offender by pillory or whipping, as they shall see the case to deserve.

And for the better discoverye and more fixed release of any such offence It shalbe lawfull for any 2 Justices of peace (one being of the Record) vpon notice of any offence against this statute to send warrant for the offender and such wittnesses as they shall thinke fitt, and may examine vpon Oathe any the servantes of such Inkeeper Taverner Alehousekeeper or victualer, or any other persons, that will or can declare any thing concerning the same offence, and if therevpon they shall find the party complained off to be guilty they shall proceed to levy the said forfeit, or inflict the said corporall punishment, and if the party will appeal to the next Session of the peace, and enter Recognizance with sufficient surtyes to appear there to prosecute his Appeale which Recognizance being contested shall stande in the nature and forme of an Inditement, so as if the partye vpon his appearance will tender his traverse, it shalbe tryed the same Session and if it be founde against him he shalbe imprisoned vntill he hathe paid said forfeit or received his bodyly punishment and satisfied suche Charges to the wittnesse or wittnesses as the Court shall assesse: provided that vpon his tryall he shalbe allowed no Counsell to pleade in his Cause.

And be it further enacted by the Authority aforesaid that no Bruer shall sell vtter or deliver to any Inkeeper taverner Alehousekeeper Common victualler or Tipler any beere or Ale made of greater strength or proportion of mault then by this statute is limited vpon paine to forfeit or endure suche punishment and to be proceded with in suche manner as before in this Act is appointed.