INDICTMENTS FOR KEEPING UNLICENCED house That J. F. late of, &c. victualler, on, &c. and on divers For keepother days and times, as well before as afterwards, at, &c. ing an aleaforesaid, without any lawful authority, licence, admission, without a or allowance of two justices of our said lord the king, as- licence. signed 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, and did cause to be sold and ut- [*672] tered, 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. (u) ale and That A. B. late of, &c. being a common sabbath breaker and Forselling profaner of the lord's day, on, &c. and on divers other days beer on a respectively, being the Lord's day, and between that day and Sunday. the day of the taking of the said inquisition, during the time (w) 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 tippling 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 did unlawfully and wilfully permit and suffer divers idle, &c. to remain and continue drinking and tippling, to the common nuisance of his majesty's liege subjects, (x) to the evil example, &c. in contempt, &c. and against the peace, &c. (v) 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 tippling house, and the husband for being a common barrator, and the wife a common scold, West, 203.; and another against a man for keeping a blind tavern without a sign, being a barrator and his wife a scold, id. 237. The keeping an (u) Semble that it would be (w) From Mr. Kaapp's MS. Qn 25 Geo. II. c. 36. for keeping an unlicenced dancing house, without a licence. (y) That D. L. late of, &c. and T. L. late of, &c. on, &c. and on divers other days and times, between that day and the day of taking this inquisition, with force and arms, at, &c. aforesaid, and within twenty miles of the cities of L. and W. unlawfully did keep and maintain a certain room and place for public dancing and music, situate in, &c. aforesaid, and within twenty miles of the cities of L. and W. without a licence had for that 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 licence of the lord chamberlain of his majesty's household, (z) 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 D. L. and T. S. &c. on, &c. aforesaid, with force and arms, [*673] 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 the second, only using the word "music" instead of " dancing."] And the jurors, &c. That the said D. L. and T. S. with force and arms, at, &c. aforesaid, on, &c. aforesaid, did keep and maintain a certain common ill governed and disorderly room for public dancing and music; 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. Second count. Fourth count, for a nuisance at com mon law. [Commencement as ante 2.] That G. H. late of, &c. and I. K. late of, &c. 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 the parish aforesaid, in the county aforesaid, did keep and maintain, and yet do keep (y) This indictment was settled by Mr. Knapp after much conside ration. (z) The words are clearly unnecessary, as the exception in favour of licenced places is in a distinct section. See 1 Sid. 303. 2. Hale, 171. Hawk. b. 2. c. 25. s. 112. Ante 1 Vol. 283, and cases there cited. (a) This indictment was held good. 2 Burr. 1233. As to bawdy 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. That W. W. late of, &c. on, &c. being an idle and evil Against a disposed person, and not minding to gain his living by ho- person for nest labour, on, &c. and on divers other days and times be- keeping a gaming tween that day and the day of the taking of this inquisition, house or with force and arms, at, &c.* a certain common gaming billiards house there situate, for his lucre and gain unlawfully and in- and an E. juriously did keep and maintain, and in the same common gaming house, on, &c. aforesaid, 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 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. (b) 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 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 cheat . ing, by means of cards or dice, Evidence. The case of gaming O. table. [*674] Third Count, several persons E. O. 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 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. [Second count like the first, only saying "a certain common gaming room in a certain house."] And the jurors, &c. do further present, that the said W. W. being such idle, &c. and not minding, &c. on, &c. aforesaid, and on diunknown vers other days, &c. with force and arms, at, &c. aforeto play at said, a certain common gaming house, there situate, for his lucre and gain, unlawfully and injuriously did keep and* maintain, and in the said last mentioned gaming house, [*675] 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 the said other days and times there unlawfully and injuriously keep and maintain, and did cause and procure, and permit and suffer divers idle, &c. to frequent and come together, to game and play at and with the said common gaming table at the aforesaid game called E. O. and the said idle, &c. to be and remain in the said last mentioned common gaming room, and to game and play together at and with the said common gaming table at the aforesaid unlawful game called E. O. then and there, to wit, on, &c. aforesaid, at, &c. and on the said divers other days and times, at, &c. in, &c. did unlawfully and injuriously procure, permit and suffer, to the great encouragement of idleness, &c. [as in first count.] [Fourth count like the third, with the same difference between the second and first, viz. the substitution of “ a certain common gaming room," &c.] Faro. For keepThat W. C. late of, &c. being an evil disposed person, and ing a com- not minding to gain his living by honest labour, on, &c. with mon gam- force and arms, at, &c. aforesaid, a certain common gaminging house 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 certain common 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, Second that the said W. C. being such evil disposed person, and not count, "a minding to gain his living by honest labour as aforesaid, on the said, &c. and on divers other days and times, between that gaming day and the said - day of in the same year, with force room and and arms at, the parish aforesaid, within the liberty and place." county aforesaid, a certain common gaming room and place,* [*676} in a certain house there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the said common gaming room and place, on the said, &c. and on the said last mentioned 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 said last mentioned idle and ill disposed persons to be and remain in the said common gaming room and place, to game and play together on the said day of in the year aforesaid, and on the said last mentioned other days and times, there did unlawfully and injuriously procure, permit and suffer, and the said last mentioned persons, in the said common gaming room and place, on the said day of in the year aforesaid, and on the said last mentioned other days and times, by such last procurement, permission and suffrance, of the said W. C. did game and play 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, his crown and dignity. And the Third jurors aforesaid, upon their oath aforesaid, do further pre- count. sent, that the said W. C. being such ill disposed person, and not minding to gain his living by honest labour as aforesaid, on the said, &c. and on divers other days and times between that day and the said, &c. with force and arms, at &c. aforesaid, a certain other gaming house there situate, unlawfully and injuriously did keep and maintain, for the gaming and playing at a certain and unlawful game, called Faro, and in the said last mentioned common gaming house, on the said day of in the year aforesaid, and on the said last mentioned days and times, there unlawfully and unjustly did cause and procure divers idle and ill disposed persons to frequent and come together, to game and play together at the said unlawful |