446 Appendix.

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

is "Provincial Secretary during pleasure," and I observe, by the
Proprietor is granted "to him or to his Deputy, power to take to
themselves the advantage of granting ordinary licences, which did
heretofore belong to the office of Secretary, &c."

A bill passed both Houses, and the Governor in 1756, and after
(I am informed) was assented to by the Lord-Proprietor, which act
was for 40,000l. for his Majesty's service; the Secretary-attendant
made no objection to the Proprietor's passing that bill, though the
ordinary licence money, his right, was included in that bill. Such
was the behaviour of Caecilius Calvert, Esq. his Lordship's Secretary.

p. 132

This manifests, that he had more the good and safety of the Prov-
ince at heart than his own interest. As at that time the Province
was in imminent danger from the enemy, his Lordship consented to
the act, to which his uncle the Secretary made no objection. And it
is to be more peculiarly observed, that his Lordship's manor lands
were by that act taxed, to which he readily and voluntarily sub-
mitted, though contrary to law, and to a bill enacted as a salvo to
himself from taxation. These instances prove the great regard of
the Proprietor for his Majesty and the Province. — The following
will set the Lord- Proprietor's right to grant ordinary licences beyond
all doubt or dispute, viz.

"In 1664, Charles Calvert, Esq. Governor, under Caecilius Lord
Baltimore, by virtue of prerogative, licensed James Jolly to keep an
ordinary, and he did take the said Jolly's recognizance being 1000l.
of tobacco; and also one Smith upon the same terms, in 1673. The
same Governor did issue his proclamation to every county he had
granted licences of ordinaries, that the licences were restrained to

p. 133

only one year, commanding, that those who kept ordinaries without
licences, or by virtue of a licence, should personally appear before

him at his house at Mattapany, the 10th of January, and proclaimed

the said licences vacated, and to take out new licences; if not, they
should be proceeded against as persons that sold drink, and kept
ordinaries without licences. In 1764, a Member of the Lower House
moved the Lower House, and it was resolved, that they should send
a message to his Excellency, in whom they said the sole power of
granting licences was, if that House should draw an act to give bond,
&c. to his Excellency, that those who had licenses should keep good
rules and provide beds; his Excellency did assure the House, that
the conditions and reservations in their message, should be inserted
in each recognizance to ordinary keepers." From the above instances,
and others for brevity sake omitted, it appears, that this prerogative
was insisted upon and exercised by the then Proprietor as his right
near 100 years ago. Arguments have been used to insinuate, that by

p. 134

an act of 1717, (which act was temporary, and licences were re-
served to his Lordship, and penalties to the use of a school; which
act he assented to) the late Lord accepted the fines arising from