case parker against flint Trinity term will roll a house for the reception of  boarder and lodger with stable for their horse be not a inn or alehouse or  public house on which soldier can be quarter S c holt S c ld ray S c salk S c  Mod by the statute of will mary c S entitle a Act for carry on a war with  France it be enact that constable shall quarter soldier upon innkeeper and  such as keep alehouse and victuallinghouses liverystable or sell brandy  metheglin or cyder by retail in a action bring by the plaintiff against a  constable for quarter a horse and dragoon upon he he plead not guilty be a  officer and give the statute in evidence the jury find that there be wholesome  well at Epsom and that the plaintiff during the season for drink the water  indefinite to send different ways room England let lodging to such as go  thither to drink the water for the air or for their pleasure and do dress  victual for they and sell they ale and beer and entertain their horse at  eightpence per diem but sell no victual drink c to any but the lodger that the  plaintiff have no licence from any justice of peace to sell ale and that the  defendant do bill et a soldier and a horse upon the plaintiff who compel he to  find victual for himself and provision for his horse for the space of two  month et si c resolve per curian that the plaintiff house be not a house  within the description of the statute first it be no inn for the verdict find  he let lodging only which show he not compellable to entertain anybody and  that none can come there without a previous contract that he be not bind to  sell at reasonable rate or to protect his guest but contrary it be in all the  say point in the case of a innkeeper and a action shall lie against he for  default not by the name modern report of be a guest but of common be a guest a  second it be not a alehouse or victuallinghouse for those extend only to such  alehouse and victuallinghouses as be know and describe by several act of  parliament which it be a crime to keep without licence and it must be a common  tavern wherein drink c be in common sell to all the king subject a and the  verdict find that the plaintiff only sell to lodger three it be resolve to be  a statute against the liberty of the subject for before it no man be oblige to  entertain soldier against his will as appear by the petition of right b and  the statute of car and therefore not to be construe favourable without great  necessity fourthly that in this case the constable have wrongful quarter a  dragoon upon he he be answerable for all the dragoon have commit note in this  case holt chief justice hold that if one come to a inn and make a previous  contract for lodging for a set time and do not eat or drink there be be no  guest but a lodger and as such be not under the innkeeper protection but if he  eat and drink there it be otherwise or if he pay for his diet there though he  do not take it there and a sign be not essential to a inn but be a evidence of  it note likewise it be say by wright sergeant that a innkeeper can sell ale  indefinite without licence c and a innkeeper as such can be a bankrupt because  he do not sell but utter his provision d judgement be give for the plaintiff a  vide Reg more Hetly Fitzherbert title ostler bro action sur case Edward S a  west precedent lamb James c b car c c Dalton I d crisp v Pratt cro car Newton  v trigg I salk sanderson v bowl burr but see Vaughan v Pittman term Rep  Buscall v Hogg will modern report er p