The Upper House, 249

Saturday November the 14th 1713

The Honble her Majesty's Council Sate Present as yes-
terday
This Board taking the matter into Consideration again
relating to Ordinary Licences and not knowing of any rule
for regulating Ordinarys since the Ordinance impowering the
Justices to grant such Licences and take Recognizances for
their good Rule in their Houses is disapproved of by her
Majesty. Resolved the following Queries be offered to the
Consideration of the House of Delegates Viz.

By the President and Council in Assembly
November the 14th 1713

On perusal of the Report from the Conference yesterday
we cannot but offer to your Consideration

U. H. J.

1. Whether any person may Vend Sell or Utter any Brandy
Cyder or Quince Drink or other Wine without agree^t made
therefore, and with whom are the Vintners or Retailers of
such Wines &c to make Agreement for such Licence?
2 If the Prerogative has the power of granting such Wine
Licences, and it be Vested in proper Comm^rs or Agents
whether the Justices of the County Courts have any thing to
do therewith?
3. Whether It be not a Natural Consequence deduced from
the Premises that the Queen may lawfully grant the said
Power and Proffitts thereof to whom she thinks fitt? as King
Charles the second did to the then Duke of York his Brother
tho' since reinvested in the Crown Vide Acts of Parliam^t
therefore

4. What Ordinary Keeper in this Province will desire a
Licence to Sell Beer & Ale only were it in the power of the
County Justices to grant such Licence?
5. Whether It be not worth your Reflection how much
already has been and what more may be spent on this Debate?
And when can you think there will be an End of It whilst the
Secretary continues to make his Clamour, and the Prince
espouses it, or how shall we avoid the Charge of calling an
Assembly together when ever her Majesty shall please to send
her further Commands to them in this matter?

p. 870

Lastly We desire every Serious good man who is a well
wisher to his Country will consider whither the neglecting
her Majesty's Commands will not only draw her displeasure
upon us but also involve our posterity in Misfortunes at
present unforeseen which a reasonable Complyance therewith
might happily prevent
Signed p order W Bladen Cl Coun.

p. 871