For keep house (m) INDICTMENTS FOR KEEPING UNLICENSED ALE- That J. F. late of &c. victualler, on, &c. and on divers other ing an ale- days and times, as well before as afterwards, at, &c. aforesaid, without a without any lawful authority, licence, admission, or allowance of licence. two justices of our said lord the king, assigned to keep the peace in the county of M. did take upon himself to keep, and then and there did keep a common alehouse, and in the same house then and there commonly and publicly did sell and utter, [*672] and did cause to be sold and uttered, ale and beer to divers liege subjects of our said lord the king, in contempt, &c. against the form of the statute, &c. and against the peace, &c. (n) For sel ling ale and beer on a Sunday. () That A. B. late of &c. being a common sabbath breaker and profaner of the Lord's day, on, &c. and on divers other days respectively, being the Lord's day, and between that day and the day of the taking of the said inquisition, during the time of divine service on each of the said respective days, to wit, at the hour of twelve on each of those days, at the parish aforesaid, in the county aforesaid, in the dwelling house of him the said A. B. there situate, being a common tipling house, did openly sell and utter, and caused to be sold and uttered ale and beer, and other liquors, to divers idle and ill disposed persons, whose names to the jurors aforesaid are as yet unknown, and that the said A. B. on the said, &c. and on divers other days during the time of divine service on each respective day, at, &c. in his said dwelling house (m) This form is taken from Cro. C. C. 7th ed. 140. and see 1 Saund. 248. as observed however in 1 Saund. 250. e. n. 3. this does not seem to be an indictable offence, the statute prescribing another specific mode of punishment. It is not the practice to proceed by indictment. See an old precedent against husband and wife for keeping a tipling house, and the husband for being a common barretor, and the wife a common scold, West, 203.; and another against a man for keeping a blind tavern without a sign, being a barretor and his wife a scold, id. 237. The keeping an alehouse without licence, was declared an offence by 5 and 6 Edw. VI. c. 25. and made punishable with confinement for three days, and the finding of sureties. This regulation was enforced by 1 Jac. 1. c. 9. and 4. Jac. 1. c. 4. and several more recent statutes have added pecuniary penalties. See Burn J. Alehouse. (n) Semble that it would be advisable to add "to the common nuisance," &c. (a) From Mr. Knapp's MS. did unlawfully and wilfully permit and suffer divers idle, &c. to remain and continue drinking and tipling, to the common nuisance of his majesty's liege subjects, (1) to the evil example, &c. in contempt, &c. and against the peace, &c. without a That D. L. late of, &c. and T. L. late of, &c. on, &c. and on On 25 Geo. II. c. 36. divers other days and times between that day and the day of for keeptaking this inquisition, with force and arms, at, &c. aforesaid, ing an unlicensed and within twenty miles, of the cities of L. and W. unlawfully dancing did keep and maintain a certain room and place for public house, dancing and music, situate in, &c. aforesaid, and within twenty license. miles of the cities of L. and W. without a licence had for that (p) purpose, from the last preceding Michaelmas quarter sessions of the peace for the county aforesaid, signified under the hands and seals of four or more of the justices there assembled at such session, according to the directions of the statute in such case made and provided, the said dancing and music not being lawfully exercised or carried on under or by virtue of any letters patent or licence of the crown, or license of the lord chamberlain of his majesty's household, (r) to the great damage and common nuisance of all the liege subjects of our said lord the king, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. further present, that the said Second *D. L. and T. S. &c. on, &c. aforesaid, with force and arms, at, &c. aforesaid, unlawfully did keep and maintain within twenty miles, &c. [as before] a certain room for public dancing, without a license had for that purpose from the last preceding Michaelmas quarter sessions of the peace, holden for the county of M. in which the said room is situate, against the form, &c. and against the peace, &c. [Third count like second, only using the word "music" instead of "dancing."] And the jurors, &c. Fourth That the said D. L. and T. S. with force and arms, at, &c. afore- Count, for a nuisance said, on, &c. aforesaid, did keep and maintain a certain common at comill governed and disorderly room for public dancing and music; mon law. (p) It seems this is necessary to make the act criminal. (4) This indictment was settled by Mr. Knapp after much consideration. (r) The words are clearly unne cessary, as the exception in favor of Count. [*673] and in said room for their own lucre and gain did cause and procure divers persons, as well men as women of evil name and fame, and of dishonest conversation, to frequent and come together, to the great damage and common nuisance of all the liege subjects of our lord the king, and against the peace, &c. For keep- [Commencement as ante 2.] That G. H. late of, &c. and I. ing a disorderly K. late of, &c. on, &c. and on divers other days and times between house for that day and the day of the taking of this inquisition, with force fighting cocks, &c and arms, at the parish aforesaid, in the county aforesaid, did () keep and maintain, and yet do keep and maintain a certain common ill governed and disorderly house, and in the said house for his own lucre and profit, certain evil and ill disposed persons of ill name and fame, and of dishonest conversation, to frequent and come together, then, and the said other days and times, there unlawfully and wilfully did cause and procure, and the said persons in the said house, then, and the said other days and times there to be and remain, fighting of cocks, boxing, playing at cudgels, and misbehaving themselves, unlawfully and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the subjects of our said lord the king, inhabiting near the said house, and against the peace of our said lord the king, his crown and dignity. Against a house or billiards That W. W. late of, &c. on, &c. being an idle and evil disperson for posed person, and not minding to gain his living by honest keeping a gaming labour, on, &c. and on divers other days and times between that day and the day of the taking of this inquisition, with force and arms, at, *&c. a certain common gaming house there situate, (t) for his lucre and gain unlawfully and injuriously did keep and [*674] maintain, and in the same common gaming house on, &c. afore and an E. O. table. (s) This indictment was held good. 2 Burr. 1233. As to bawdy houses, see ante 39.* n. c. where the precedents on that subject are classed on account of their more immediate effect on public morals. An information for causing cock. fighting is good at common law Bac. Abr. Gaming, A. Cockfighting is illegal. See 3 Campb. 146. (t) See other precedents, 4 Wentw. 156. 6. Went. 384. 1 Bro. 237. For keeping a common raffling shop, Trem. P. C. 241. See in general Hawk. b. 1. c. 92. Com. Dig. Justices of Peace, B. 42 Bac. Abr. Gaming, Burn. J. Gaming Williams J. Gaming, 4 Bla. Com. 171 to 174. By the common law, the playing at cards, dice, and other games of chance, merely for the purposes of recreation, and without any view to said and on the said divers other days and times, there unlawfully and injuriously did cause and procure divers idle and ill disposed persons to frequent and come together to game and play, and the same idle and ill disposed persons to be and remain in the said common gaming house, and to game and play together, on, &c. aforesaid, at, &c. and on the said other days and times there did unlawfully and injuriously procure, permit, and suffer, by means whereof divers noises, disturbances, and breaches of the peace of our said lord the king, then, and on the said other days and times were there occasioned and committed, to the great encouragement of idlenes and dissipation, to the great damage and common nuisance of all the liege subjects of our said lord the king, and against the peace, &c. [Second count like the first, only saying "a certain common gaming room in a certain house."] And the jurors, &c. do fur- Third ther present that the said W. W. being such idle, &c. and not Count, minding, &c. on, &c. aforesaid, and on divers other days, &c. with force and arms, at, &c. aforesaid, a certain common gaming house, unknown there situate for his lucre and gain, unlawfully and injuriously E. O. to play at did keep and maintain, and in the said last mentioned gaming [*675] house, a certain common gaming table called an E. O. table, for the use and purpose of divers idle and ill-disposed persons, whose names to the jurors aforesaid are yet unknown, to resort and frequent, and come together to play at a certain unlawful game called E. O. did there, to wit, on, &c. aforesaid, and on several persons inordinate gain, is regarded as innocent. Bac. Abr. Gaming A. Com. Dig. Justices of Peace; B. 42. and see the preamble to 16 Car. II. c. 7. But a common player at hazard using false dice is liable to be indicted at common law, and sentenced to the pillory on conviction. 2 Rol. Abr. 78. Bac. Abr. Gaming A.; and any person guilty of cheating, by means of cards or dice, might be fined and imprisioned in proportion to the nature of his offence. Bac. Abr. Gaming, A. And all common gaming houses are nuisances, not only from the encouragement to dissipation which they afford, but also from the disturbance they occasion to the people who live near them, by the numbers of idle persons whom they bring together, and the quarrels they Evidence. The case of gaming For keeping a com Faro. the said other days and times there unlawfully and injuriously That W. C. late of, &c. being an evil disposed person, and mon gam. not minding to gain his living by honest labor, on, &c. with ing house force and arms, at, &c. aforesaid, a certain common gaming to play at house there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the said common gaming house, on the said, &c. and on the said other days and times, there unlawfully and injuriously did cause and procure divers idle and ill disposed persons to frequent and come together to game, and the said idle and ill disposed persons to be and remain in the said common gaming house, and to game together on the said, &c. and on the said other days and times there, did unlawfully and injuriously procure, permit, and suffer and the said persons, in the said common gaming house there, on the said, &c. and on the said days and times, by such procurement, permission, and sufferance of the said W. C. did game together, to the great encouragement of idleness and dissipation, to the great damage and common nuisance of all the liege subjects of our said lord the king, and against the peace, &c. Do further present, that the said W. C. being such evil disposed person, and not minding to gain his living by honest labor as aforesaid, on the said, &c. and on divers other days and times between that day and the said in the same year, with force and arms at the parish aforesaid, within the liberty and county aforesaid, a certain common gaming Second certain common gaming room and place." a day of |