EARLY CUSTOMS IN ENGLAND. 13 restorye the damages, so that there is no greater se curity anie where for travelers than in the greatest innes of England. Their horsses in like sort are walked, dressed and looked unto by certain hostelers or hired servants, appointed at the charges of the goodman of the house, who in hope of extraordinarie reward will deal verie diligentlie after outward appearance in this their function and calling. Herein nevertheless are manie of them blameworthie, in that they do not onlie deceive the beast oftentimes of his allowance by sundrie meanes, except their owners looke well to them; but also make such packs with slipper merchants which hunt after preie (for what place is sure from evil and wicked persons) that manie an honest-man is spoiled of his goods as he traveleth to and fro, in which fact also the counsell of the tapsters or drawers of drink, and chamberleins is not seldom behind or wanting. Certes I believe not that chapman or traveler is robbed by the waie without the knowledge of some of them, for when he cometh into the inne, and alighteth from his horsse, the hostler forthwith is verie busie to take downe his budget or capcase in the yard from his sadle bow, which he peiseth in his hand to feel the weight thereof; or if he misse of his pitch, when the guest hath taken up his chamber, the chamberleine that looketh to the making of the beds, will be sure to remove it from the place where the owner hath set it as if to set it more convenientlie some where else, whereby he getteth an inkling whether it be monie or other short wares, and thereof giveth warning to such od ghests as hunt the house and are of his confederacies to the utter undoing of many an honest yeoman as he jour nieth by the waie. The tapster in like sort for his part doth marke his behaviour, and what plentie of monie he draweth when he paieth the shot, to the like end; so that it shall be a hard matter to escape all their subtle practices. Some think it a gay matter to commit their budgets at their coming to the goodman of the house; but whereby they oft bewaaie themselves. For albeit their monie be safe for the time that it is in his hands [for you shall not hear that a man is robbed in his inne] yet after their departure the host can make no warrantise of the same, sith his protection extendeth no further than the gate of his owne house; and there cannot be a surer token unto such as prie and watch for those booties, than to see anie ghest delivere his capcase in such manner. In all our innes we have plentie of ale, beere and sundrie kinds of wine, and such is the capacitie of some of them that they are able to lodge two hundred or three hundred persons, and their horsses at ease, and thereto with a verie short warning make such provision for their diet, as to him that is unacquainted with all may seem incredible. Howbeit of all in England there are no worse innes than in London, and yet manie are there far better than the best that I have heard of in anie foreign countrie, if all circumstances be duly considered. But to leave this and go in hand with my purpose, I will here set theme a table of the best thorowfarries and townes of greatest travele in England, in some of which are twelve or thirteen such innes at the least, as I before did speake of, and it is a world to see how each owner of them contendeth with other for goodnesse of intertainment of their guests, as above finesse and change of linnen, SYNONYMOUS TERMS. 15 furniture of bedding, beautie of roomes, service at the table, costlinesse of plate, strengthe of drink, varietie of wines, or well [being] of horsses. Finallie there is not so much ommitted among them as the gorgeousness of their inne signes at their doors, wherein some do consume thirtie or fortie pounds, a mere vanitie in my opinion, but so vaine will they needs be, and that not onlie to give some outward token of the inne keeper's wealth, but also to procure good ghests to the frequenting of their houses in hope there to be well used." SYNONYMOUS TERMS. The terms, "inn," "tavern," and "hotel," may now be said to be used synonymously, 'but in the law of England there appeared to be a marked distinction. Thus, a “tavern" was defined as a house in which persons are regaled with wines and other liquors, but not with the more substantial entertainment of the victualing house. "The word, "hotel," was said to mean, strictly speaking, a house in which travelers and other casual guests were provided with lodgings but not with food, and an "inn," signified a house in which they were supplied with food and lodging for themselves and their horses.3 DERIVATION OF "TAVERN." The English word "tavern" is probably derived from the Roman taberna diversoria, or caupoua, used to distinguish the best of Roman inns from the inferior popine. It was remarked in a leading case 1, People vs. Jones 54 N. Y., 311. St. Louis vs. Siegrist, 46 Mo., 593; 2, Jones vs. Osborne, 2 Chit. 486, 3. Willcock on Inns, (A D. 1829), p. 1; that in its popular acceptation the word tavern conveys the idea of a place where liquors are sold. In its legal sense this idea has been frequently but not always recognized. In tracing the historical meaning of tavern, it was said that the original employment of the keeper of a tavern was to sell wine alone; but in the process of time these original distinct employments became confounded. The seller of wines began to supply food and lodging for the wayfaring man, and hence the word tavern came to mean pretty much the same as inn, at a period certainly as far back as the days of Elizabeth.' MEANING OF "TAVERN." There seems to be a conflict of decisions among the courts in this country as to what is meant by the word tavern. In Missouri it was held to include all hotels and houses that entertain and accommodate the public for compensation, whether liquors are sold or not.2 In Kentucky a license to "keep tavern" authorizes the sale of spirituous liquors to be drank on the premises or elsewhere.3 In Alabama the courts have held that a license to keep tavern did not include a license to sell liquors. In New York it was held no license can be required for keeping tavern unless the keeper thereof included in his business the sale of liquors by retail, and in Georgia a tavern keeper is not obliged to take out a license because he 5 § 1 Cheeves (S. C.) 222, I, State vs. Chambylyss, 34 Am. Dec., 593; 2, City St. Louis vs. Siegrist, 46 Mo.. 593; 3, Commonwealth vs. Kamp 14 B. Mon., 385; 4. State vs. Cloud, 6 Alab, 630; 5, Overseers vs. Warner, 3 Hill 150,, but see ante INNS; DERIVATION OF INN, 17 did not in addition to food and lodgings sell liquors.' In New Hampshire it is said that while the sale of liquors is a part of the common business of a tavern keeper it is not necessarily so.2 In Ohio the court was equally divided as to whether a person who received and entertained guests but did not sell liquors or keep them on hand could be convicted of the offence of keeping a tavern without license, but the conviction was affirmed.3 In a later case in that State it was held that a license to keep a tavern carried the right to sell liquor and keep a house of entertainment.* In a case where defendant was convicted of unlawfully retailing spirituous liquors, although he held a tavern license, the conviction was reversed upon appeal.s DERIVATION OF "INN." 6 The word "inn" is doubtless of Chaldaic origin, literally signifying "to pitch a tent," and it is now properly applied to all houses of entertainment. The Saxons spelled this word with an additional letter, inne, while the ancient Icelanders wrote it inni, meaning house. DERIVATION OF "HOTEL." The word "hotel" is of more recent origin. It was not commonly used in this sense in England until about the beginning of the present century, and the old-fashioned people in America at the present day seem to prefer the more homely expression of 1, Sonner vs. Welborn, 7 Ga., 296; 4, Hirn vs. State, 1 Ohio St., 18; 5. State vs. Chambyless, I Cheeves, 222; |