abundant evidence of the intemperate habits of all classes. Mr Bonham Carter (loc. cit.) observes:—
“The recognisances referred to in the act were valuable instruments for controlling the conduct of ale-house keepers. The justices, in exercise of their discretion, required the recognisances to contain such conditions for the management and good order of the business as they thought suitable. In this way a set of regulations came into existence, many of which were subsequently embodied in acts of Parliament. In some counties general rules were drawn up, which every ale-house keeper was bound to observe.”
It is interesting to note that among the conditions laid down about this time were the following: Closing at 9 p.m. and during divine service on Sunday; in some cases complete closing on Sunday except to travellers; the licence-holder to notify to the constable all strangers staying for more than a night and not to permit persons to continue drinking or tippling; prohibition of unlawful games, receiving stolen goods and harbouring bad characters; the use of standard measures and prices fixed by law. There was, however, no uniformity of practice in these respects until the 17th century, when an attempt was made to establish stricter and more uniform control by a whole series of acts passed between 1603 and 1627. The evils which it was sought to remedy by these measures were the existence of unlicensed houses, the use of ale-houses for mere drinking and the prevalence of disorder. It was declared that the ancient and proper use of inns and ale-houses was the refreshment and lodging of travellers, and that they were not meant for “entertainment and harbouring of lewd and idle people to spend and consume their money and their time in lewd and drunken manner.” Regulations were strengthened for the suppression of unlicensed houses, licences were made annual, and the justices were directed to hold a special licensing meeting once a year (1618). Penalties were imposed on innkeepers for permitting tippling, and also on tipplers and drunkards (1625). In 1634 licensing was first applied to Ireland. Later in the century heavy penalties were imposed for adulteration.
The next chapter in the history of licensing has to do with spirits, and is very instructive. Spirits were not a native product like beer; brandy was introduced from France, gin from the Netherlands and whisky from Ireland; but down to the year 1690 the consumption was small. The home manufacture was strictly limited, and high duties on imported spirits rendered them too dear for the general public unless smuggled. Consequently the people had not acquired the taste for them. But in 1690 distilling was thrown open to any one on the payment of very trifling duties, spirits became extremely cheap and the consumption increased with great rapidity. Regulation of the retail traffic was soon found to be necessary, and by an act passed in 1700–1701, the licensing requirements already existing for ale-house keepers were extended to persons selling distilled liquors for consumption on the premises. A new class of public-houses in the shape of spirit bars grew up. In the year 1732 a complete and detailed survey of all the streets and houses in London was carried out by William Maitland, F.R.S. Out of a total of 95,968 houses he found the following: brew-houses 171, inns 207, taverns 447, ale-houses 5975, brandy-shops 8659; total number of licensed houses for the retail sale of liquor 15,288, of which considerably more than one-half were spirit bars. The population was about three-quarters of a million. About one house in every six was licensed at this time, and that in spite of attempts made to check the traffic by restrictive acts passed in 1728–1729. The physical and moral evils caused by the excessive consumption of spirits were fully recognized; an additional duty of 5s. a gallon was placed on the distiller, and retailers were compelled to take out an excise licence of £20 per annum. The object was to make spirits dearer and therefore less accessible. At the same time, with a view to lessening the number of houses, the licensing procedure of the justices was amended by the provision that licences should only be granted at a general meeting of the justices acting in the division where the applicant resided, thus abolishing the power conferred by the original licensing act, of any two justices to grant a licence. This change, effected in 1729, was a permanent improvement, though it did not prevent the existence of the prodigious numbers of houses recorded by Maitland in 1732. The attempt to make spirits dearer by high excise duties, on the other hand, was adjudged a failure because it led to illicit trade, and the act of 1728 was repealed in 1732. But the evil was so glaring that another and more drastic attempt in the same direction was made in 1736, when the famous Gin Act was passed in response to a petition presented to parliament by the Middlesex magistrates, declaring “that the drinking of geneva and other distilled waters had for some years past greatly increased; that the constant and excessive use thereof had destroyed thousands of His Majesty’s subjects; that great numbers of others were by its use rendered unfit for useful labour, debauched in morals and drawn into all manner of vice and wickedness. . . .” The retailing of spirits in quantities of less than 2 gallons was made subject to a licence costing £50 and the retailer had also to pay a duty of 20s. on every gallon sold. This experiment in “high licensing” was a disastrous failure, though energetic attempts were made to enforce it by wholesale prosecutions and by strengthening the regulations against evasion. Public opinion was inflamed against it, and the only results were corruptions of the executive and an enormous increase of consumption through illicit channels. The consumption of spirits in England and Wales nearly doubled between 1733 and 1742, and the state of things was so intolerable that after much controversy the high duties were repealed in 1742 with the object of bringing the trade back into authorized channels; the cost of a licence was reduced from £50 to £1 and the retail duty from 20s. to 1d. a gallon.
This period witnessed the high-water mark of intemperance in England. From various contemporary descriptions it is abundantly clear that the state of things was incomparably worse than anything in modern times, and that women, whose participation in the practice of drinking and frequenting public-houses is recorded by writers in the previous century, were affected as well as men. The experience is particularly instructive because it includes examples of excess and deficiency of opportunities and the ill effects of both on a people naturally inclined to indulgence in drink. It was followed by more judicious action, which showed the adaptability of the licensing system and the advantages of a mean between laxity and severity. Between 1743 and 1753 acts were passed which increased control in a moderate way and proved much more successful than the previous measures. The retail licence duty was moderately raised and the regulations were amended and made stricter. The class of houses eligible for licensing was for the first time taken into account, and the retailing of spirits was only permitted on premises assessed for rates and, in London, of the annual value of £10; justices having an interest in the trade were excluded from licensing functions. Another measure which had an excellent effect made “tippling” debts—that is, small public-houses debts incurred for spirits—irrecoverable at law. The result of these measures was that consumption diminished and the class of houses improved. At the same time (1753) the general licensing provisions were strengthened and extended. The distinction between new licences and the renewal of old ones was for the first time recognized; applicants for new licences in country districts were required to produce a certificate of character from the clergy, overseers and church-wardens or from three or four householders. The annual licensing sessions were made statutory, and the consent of a justice was required for the transfer of a licence from one person to another during the term for which it was granted. Penalties for infringing the law were increased, and the licensing system was extended to Scotland (1755–1756). With regard to wine, it has already been stated that consumption on the premises was forbidden in 1552, and at the same time the retail sale was restricted to towns of some importance and the number of retailers, who had to obtain an appointment from the corporation or the justices, was strictly limited. In 1660 consumption on the premises was permitted under a Crown (excise) licence, good for a variable term of years; in 1756 this was changed to an annual excise licence of fixed
