146 Proceedings of the Council of Maryland, 1761-1769.

Lib. J. R.
& U. S.

Serjeants Inn and that before that time in the Case of Sir
Giles Mompesson and Francis Michel in the 19^th Jac: the Prin-
ciple on which the Right to these Licences is Claimed was
effectually Condemned. Hume's Hist: of Jac. p: 75. Rush:
Coll: 26, 27 & 28 and Parliam^ty Hist: 5^th Vol :
We find that there have been various temporary Acts of
Assembly of this Province from time to time which have been
passed for the regulation of Inns or Ordinaries, and that the
Money arising from granting of Licences hath been applied
to various uses, and that there have been intervals between
the Expiration of some of the temporary Acts, and the enact-
ing of others in which Inns or Ordinaries have been subject
to no Regulation, and that since the year 1763 when the last
Act for their Regulation expired the Business or Trade of
Inn keeping has been Subject to no other Control, than that of
the Common Law, which gives a Power to suppress an Inn
upon its becoming a Common Nuisance. There are some In-
stances in the early times of this Province particularly in the
year 1664. when the Governor granted Licences, and this
Power seems to have been admitted in the year 1674. by the
Lower House in a Message on that Subject but we conceive
that inasmuch as no Act of Assembly vested the Right in his
Lordship, or his Government, that the above Instances and
the admission to be inferred from a Message, are not a suffi-
cient foundation to build his Lordship's Claim upon, and that
as Our Acts of Assembly are Silent on the matter, his Lord-
ship's Title must Depend upon the Charter, which We conceive
cannot be Construed to give him higher Prerogatives than
belonged to the Crown by the Common Law.
The Instances alluded to we apprehend have still the less
weight when opposed by the very numerous temporary Acts
of Assembly regulating Inns or Ordinaries, and applying the
Revenue arising from Licences to various purposes and by the
non-user in the intervals between several Acts.
Lastly we conceive that if his Lordship is Entitled to the
Licences, there must be some legal remedy to enable him to
Compell Innholders or Ordinary keepers to obtain Licences
but we do not know of any such Remedy nor have we heard
any Suggested.
Rob^t Jenckins Henry
Daniel Dulany
Cha^s Goldsborough
Henry Hooper.

The above report being read, the Board do unanimously
Concur therewith, and Ordered, that an Address Communi-