Sober by Act of ParliamentMcKenzie, Fred A. (Fred Arthur)
History
Sober by Act of Parliament
McKenzie, Fred A. (Fred Arthur)
Drinking of alcoholic beverages; License system -- Great Britain; Prohibition -- United States; Temperance
After this attempt the trade was allowed to go on almost without
restriction till the end of the fifteenth century; but then the evils
caused by it became too apparent to be longer passively borne. In the year
1494, power was given to any two justices of the peace to stop the common
selling of ale; and fifty-eight years later, in the reign of Edward VI., a
serious attempt was made to grapple with the trade. Parliament complained
that "intolerable hurts and troubles to the commonwealth of this realm
doth daily grow and increase through such abuses and disorders as are had
and used in common ale houses or other houses called 'tippling houses';"
and in order to check these evils it passed various laws for the
regulation of public-houses. This act is the foundation of our present
licensing laws, and the three main lines which it laid down for the
limitation of the business have continued to be observed ever since. These
are: (1) that the retail trade in intoxicants is an exceptional business,
which the State can only permit to be carried on by duly licensed persons;
(2) that the power of granting licences lies with the justices of the
peace; and (3) that the magistrates have power, when they think fit, to
take away such licences.
Notwithstanding this Act, the national drunkenness showed no signs of
decreasing; and when James I. came to the throne fresh efforts were put
forth to check it. For many years past the inns had been steadily changing
their character; and from being places of rest and refreshment for
travellers they had become principally tippling houses. So a measure was
passed "to restrain the inordinate haunting and tippling in inns".
According to the preamble of the Act, "the ancient, true and principal use
of inns was for the receipt and relief and lodging of wayfaring people
travelling from place to place; and for the supply of the wants of such
people as are not able by greater quantities to make their provision of
victuals; and not meant for the entertainments and harbouring of lewd and
idle people, to spend and consume their time in lewd and drunken manner".
To prevent this improper use of the taverns, various stringent regulations
were made. No resident in the district or city where any inn was situated
was allowed to remain drinking in it unless (1) he was invited by and
accompanied some traveller staying at the inn; (2) he was a labourer, in
which case he would be allowed to stay at the inn for an hour at dinner
time; (3) he was a lodger; or (4) unless he was there for some other
urgent and necessary cause, allowed to be such by two magistrates. A
ten-shilling fine, to go to the poor, was the punishment for breaking this
law.
Public-domain text, read in full here on John Shaqi.
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