THE vintner's Answer TO Some scandalous Phamphlets Published, (as is supposed) By Richard Kilvert; And abetted in some points, by his Brother Roger, and Alderman Abel. Wherein the Vintners vindicate their own Reputations to the world, for satisfaction of all such as know not the said Kilverts Wretched and lewd conversation, or have credited his foul impudent defamations suggested against them.  
Magna est veritas, & prevalebit.  
London, Printed, Anno 1642.   

Kilvert charges the Vintners of three things:  
1. THat they were Projectors, and contrivers of that Imposition of 40●. per▪ Tun, which the King set upon Wines imported in 1637.  
2. That they were also actors, and prosecutors of the same, to the grievance of the Subject, by Farming the same, by taking 1 d. and 2 d. per quart, upon the consumtion of Wines above the due price, by obtaining other illegal things, &c.  
3. That in all these things they had a covetous desire of enriching themselves, and that by these means they have greatly enriched themselves.  
But it is to be noted, that in these points of Accusation, Kilvert is himself a Delinquent, and was first accused; and yet though he act but the part of a Recriminator against the Vintners, he takes upon him to be a competent Accuser, and takes advantage against them, to take away the validity of their testimony, as being by him pronounced guilty.  
It is apparent also, that both Kilvert and Alderman Abel do recriminate the more confidently, because the Vintners are a considerable body, and supposed able to make great restitution to the commonwealth, if they can any way taint their innocence, and lay them open for Delinquents; yet both are no● equally furious.  
The substance of that which Alderman Abel says, is; That that this Project was first contrived at Court, and for divers years urged upon the Vintners, and yet ever repulsed, and never consented too, till 1637. And then he being Master of the vintner's Company, (divers of them being then prosecuted in Star-chamber) was requested by them, to redeem them from ruin. And thereupon, whatsoever he undertook, was merely to preserve his Company, and for no other ends; and that he had no benefit by it, nor aimed at any, nor did effect any thing, but with the consent, and by the authority of the generality of Vintners.  
Kilvert being 〈◊〉 man endued with more boldness, makes no scruple to allege further, That it appears by the Acts and Orders of their own Court, that they were the plotters and contrivers of that Imposition. He instances in the Act of 6 Nov. 1637. and the 22 of the same, when the Company consented to treat of, and to admit the Imposition; and he says, That from thenceforth the whole Project was managed by the Company in open Court at their Hall, and the major part of Vintners were present at those Courts, and did consent by holding up of hands. He instances in the 7 of Febr. 1637. when the Company appointed ten Contractors to seal to the King; and in the 13 of Febr. when Griffith by Letter gave instructions how to covenant. He says he was no Patentee, nor issued money in the business, nor was at the vintner's Hall, till the Project was concluded and petitioned for.  
The substance of that which the vintner's reply hereunto, is; That the Imposition cannot be said to be contrived, or plotted in Nov. 1637. or after Nov. which was in being long before, much less can the Vintners be supposed to be the contrivers and plotters of that, which for divers years before they had opposed and withstood at their own great peril and prejudice.  
That whosoever the contrivers and plotters were in the conception, yet if the Midwifery and nursery of Kilvert and Alderman Abel had not given it birth, and growth afterwards in the world, it must needs have proved Abortive.  
That in 1632. an Imposition of 4 l. per Tun was solicited by some of the King's Ministers; and in 1633 my Lord Treasurer Weston was urgent to bring the same to pass; but the Vintners not submitting thereto, an extra judicial Decree in Star-chamber was procured, prohibiting Vintners to dress meat, and restraining them from divers benefits of their Trade; and this was prepared as a lash to over-awe them, and either to abate their courage in opposing, or to diminish their power.  
That my Lord Cottington, and some other Lords did enforce the same Imposition; and that my Lord of Dorset pitying their condition, and thinking them not sufficiently knowing of their own state, was so open and plain, as to tell them, It was folly in Travellers, to deny their purses to Robbers upon the way, and to draw harm upon themselves thereby, when they had no sufficient force, either to defend their purses, or their own persons: And having so told them, he applied it further, and swore it was their own case.  
That this Decree being so formidable in those injurious times, and so many great men so intentive to make use of it, in 1634. The Vintners did furnish for the King's use, 6000 l. upon a promise to be secured from the Decree, and to have their due privileges confirmed in Dec: following, and they obtained a Warrant from the council-table to that effect; and some of them being not fully satisfied with that dilatory Warrant, my Lord of Arundels words were, Will you not be satisfied with the word of a King?  
That till Dec: aforesaid, the Company remained quiet and unmolested, but then seeking the promised assurance, their answer from the Lords was, That the King wanted more money, which if they would supply, more than had been promised should be performed, and the Imposition was again pressed.  
That the Vintners not yet yielding to the Imposition, the force of the Decree was inculcated, and the promised assurance was denied, the 6000 l. lent was detained, and used only as a bait to draw them further on, and to entice them into the Project.  
That other great suits then hanging in Star-chamber to be solicited by Kilvert, the Vintners enjoyed some rest till 1636. and then divers of them were vexed upon the Decree; and in April following Kilvert made his open boast, that the Bishop of Lincoln's case being once ended, he would immediately set himself to prosecute the Vintners upon the Decree.  
The Alderman Abel being sheriff Elect of London before Midsummer, 1636. by right whereof, according to the City custom, he was to be chosen Master of the Vintners, he refused it, pretending that he should be better able to serve the Vintners after the expiration of his Shrievalty.  
That at Midsummer, 1637. Alderman Abel took upon him to be Master of the Company, his Shrievalty expiring at Michaelmas following, the Bishop of Lincoln's trial being end●d about the same time, both he and Kilvert had good leisure to join, and to combine about the business of Vintners.  
That from Feb. and Hil. Term next, before the Vintners having been examined upon oath in Star-chamber, and confessed the dressing of Meat, &c. contrary to the Decree, there was nevertheless no further proceeding in Easter, or Trin. Term against them; but in Sept. following, both Kilvert and the Alderman being at leisure, they had meetings and conferences, as themselves confess, and then at the alderman's house Kilvert imparted it, that he had Warrant from the King, to solicit against all Vintners, as well those that had given over their Trade, as others, for breach of the Decree; and that Marq. Hamilton had power from the King, to treat with some of the Company touching His majesty's pleasure therein.  
That upon the 25 of Octob. following, at a Court of Assistance Alderman Abel made this Overture known, and with great passion set forth the danger of the whole Company, whereupon some were selected to make their address to M. Hamilton, and to negotiate that affair.  
That upon 31 Octob. they which had attended M. Hamilton, reported to the Assistants, that it was communicated to them from the Marq. that the King expected an Imposition but to be agreed upon by Committees, indifferently to be appointed both by the King and Vintners; and that in respect of the same Imposition, the Vintners should retail Wines dearer by especial grace, and withal obtain confirmation of former privileges, and a grant of further benefits.  
That the Marq. did impart his private advice for their yielding herein, because though the Delinquents Fines were given him, yet he considering that the ruin of divers private men, would not so much enrich the King's coffers, was willing to attend the King's favour in some other suit, so that the Imposition might be condescended to, for the King's greater profit, and the vintner's better safety.  
That hereupon a general Courts was called on Nov. 6. 1637. wherein much was laboured by Kilvert and the Alderman, both by fair promises and sharp threats, to induce to the Imposition: It was promised, that the King would pardon all former delinquencies, that the Vintners should have His majesty's especial favour, and by the same enjoy not only former immunities, but further privileges also, and for ever be made a glorious Company; That they should dress and sell Victuals, Tobacco, Beer, Sugar, &c. That they should be free from Informers, and have power to restrain the encroachments of the Cooper's. On the other side, as Benefit was the bait, so Terror was the hook, and Destruction in the next place was laid before them; In case they did reject the Imposition, it was menaced, that they should be prosecuted upon the Decree, perplexed with Informers, disabled for their Trade, that the King was unalterably resolved to have this Imposition, whether they assented, or no; That if the Vintners were rich, the King would not be poor; That he would as soon lose his Crown land, as this benefit, that Wines being a foreign Commodity, the Law allowed the King to impose upon it at pleasure; that it was also in the King's power to suppress all but 40 Vintners in London, and that good council had so resolved it; And the alderman's Conclusion was, Shall I see my Company digged up by the roots, my Brethren ruined i'th' Star-chamber, and the cankerly Cooper between the bark and the tree eat up all?  
That these things being so represented to the Generality in those times of violence, the main body voted rather to comply with the King by furnishing another present sum, then by this Imposition, and 10000l. was nominated; but both Kilvert and the Alderman called some of them out, and upbraided them as beggars, not able to pay what had been formerly levied for the King, and at last concluded, That the King expected, and would have more yearly than such a sum. And so the Question at last being put after long contestation, Whether they would stand out any longer against the Imposition, upon such t●rms, or comply with the King, in choosing and authorising a Committee to treat of the manner of an Imposition; the Generality did choose to comply so far, and to appoint a Committee.  
That this Act of Court were not so main an Evidence for Kilvert, and fit to be so often insisted upon, if it were not misalleged, and misapplied; for if the major part of Vintners did appear, and consent, yet they were persuaded, threatened, entreated, but did neither persuade, threaten, nor entreat; and they consented to comply with the King, and did not use means that the King might comply with them, as Kilvert most maliciously inverts it; and their compliance was in appointing Committees to treat of an Imposition, but not absolutely to submit to it; and if they had absolutely yielded, yet all circumstances considered, it ought not to be held a voluntary yielding, but such a violent one, as the seaman's is in a Tempest, when he submits to the weather, and chooses rather to cast away all his wares, than himself, and ship, and all.  
That on 22 Nov. following at another general Court the Committees reported what the King's demands were, and the Generalities assent being questioned, it was assented that the Committees might yield to 40. per Tun, provided that they might be assured to have from His majesty the immunities and benefits proposed and expressed, and that all this were just and good in Law; (but indeed these words concerning legality are not entered in the Hall-book.)  
That this Act of Court, if it be taken most strongly against the Vintners, though it be Kilverts prime engine, yet it evinces no more, but that they submitted to the King's demands urged upon them, as hath been said; and since they had no power to hold out against it any longer, they provided for some helps to enable them to bear it, and those also no other, but such as had been proposed, and expressed to them; not such as they had greedily gaped after; the Book itself will justify in that, and indeed the benefits and immunities were inconsiderable to the Vintners, such as had no great reality in them, nor had they any belief in the obtruders of them, nay they know they were obtruded rather to make them guilty, then to make them gainers; setting aside exemption from the rigor of Star-chamber, they would willingly have foregone all promised privileges, and given great sums of money besides, to be delivered from the Imposition.  
That it is extreme malice and falsehood in Kilvert so to allege and misrecite this Act, as if it had no relation to former violence and constraint; or as if it amounted to a mere request, nay to a Project in the Vintner; as if his end had been to oppress the Cooper, and to monopolise the retailing of Wines thorough the whole Kingdom; or as if the words did testify of the vintner's demands, and propositions, and requests, and not the direct contrary.  
That the Vintners are not destitute of further answers also; For first, the major part, and better sort of drawing Vintners were not that day present at the Hall, the business was so far disaffected, and they in opposing it had been so far wearied out and worried (as it were) by Kilvert and the Alderman, that they did forbear any longer to appear, nothing being there expected, but checks, affronts, and disgraceful usage, and therefore the most part which appeared that day, was of suburban retailers, poor men, and such as dealt in roundlets, and such as faction had drawn in for a good number of them. Secondly, of such as did then appear the more loud and turbulent part, carried it, rather than the major part of able and modest men. Thirdly, Those of the better sort which did give their consent, did it not with any true liking to the project, but merely to avoid ruin in the star-chamber. For the shipwreck of the soap-boilers, and others, was then fresh, and in view, and that Court had then gotten them the same repute, as a Timariot horse has in Turkey, where they say no grass ever grows, after the impression of his fatal hoof. Fourthly, the entry of that day's Act is much to be suspected, as well as many others, for many passages then intervened, to which the world is not now privy: for first, All Courts of generality were called by the Beadle, in the King's name, a form of summons never before used, and had now been useless, if the generality, out of distaste to the business, had not been unwilling to appear; and if the Alderman and Kilvert had not been very eager in obtruding upon the Company against their liking. Secondly, Divers other Courts were called both before and after the 6 and the 22 of Nov. wherein the generality dissenting and disavowing the Project▪ and alleging many reasons of illegality, & inconvenience in it▪ no entrance is remaining thereof, nor memory of any such Courts held; and yet if any such remembrances were now extant, they would testify for the Vintners against the Projectors, and plainly discover who they were that pursued, and who that rejected the design. Thirdly, Kilvert has no regard at all to the true reciting of such acts as are remaining in the clerk's Book, but to the perverting of justice, satisfies in all his allegations. Fourthly, The Acts themselves were not always rightly entered. Sometimes the Clerk was checked and overawed, sometimes entries were made contrary to his liking, and without his privity, some things being omitted, and some inserted, and some wrested, and mis-sensed; so that indeed the acts are more properly Kilverts, than the Companies. The Book says always, that the major part of Vintners did always appear, and the major part of the appearance consent, but this was seldom so. And the major part did never consent, but with this Proviso, That the thing consented too was legal, and warranted by counsel; but this was never entered. And upon the 25 of Oct. 1637. Committees were appointed to treat with marquess Hamilton; but the Book adds, Concerning the advance of the prices of Wines, and this is merely suppositious. Fifthly, Many of the Vintners were practised and tampered withal, especially the meaner sort, and many of the better sort were overpowered, and born down by might and threats, and singled out from the rest. For example, Nov. 22. Mr. Rogers, and Mr. Mason being opposers of the Imposition, were not only controlled in public, as obstinate men, and ill-willers to the Kings servic, but it was commanded to be entered in the Hall Book, as a great delinquence, and there is still remains registered: and this being not sufficient, the same men were the same day sent for by the Beadle, to the Castle Tavern in Pater-noster Row, where Kilvert and the Alderman dined, to receive further rebuke and insolent usage: and this was for example to disanimate the rest. For Alderman Abel, as he was an Alderman of London, and Master of the Company of Vintners, and assisted with Kilvert's infinite wiles and impostures, and as he had to do with a distracted body of men of several minds and qualities, holding no perfect intelligence one with another; and as he was at that time of unsuspected faith, and in their good opinion, and as he had the advantage of those projecting times, and influence from some great persons of honour, and above all, the King's name to make use of in all his pretences, had strange advantages to betray his brethren, and bring about his own purposes. Sixthly, besides disadvantages common to other Tradesmen, the Vintners were divers other ways also liable to the lash, and obnoxious to injuries; for by the Statute, the Lords had a power to set the retaining prices of Wines so, as that they might undo the Vintners at pleasure, if they would not submit to the Imposition; and they did lay hold of this power to this purpose, causing them to sell cheaper than they could well afford, and that year when the Imposition was first consented too, fearing lest the Vintners should recede and retract, they set the prices lower, and raised them after, but not till all things were made sure. Moreover, to affright the vintner's further, it was represented to them, that by the Law the King might suppress all but 40 Taverns; that he had right to impose upon foreign commodities, and that dressing of Meat, selling Tobacco, &c. were not undoubtedly belonging to their Trade, so that their case would be more desperate than the Sope-boilers, or the Irish planters, and these yet in Star-chamber had fallen without mercy. Seventhly, all these indirect passages notwithstanding, there is scarce above one general Court, wherein the Imposition was consented to, most of the other passages of preparing, ripening and perfecting the Project, were translated by Courts of Assistance, and at such Courts it is sufficient if 12 besides the Master be present, and the major part of those 12 sufficiently engages the whole Company. And it is to be noted, that it seldom happened at those Courts, that there were present above five or six drawing Vintners, and of those also, some were the alderman's creatures: For Example, on 27 Nov. 1637. a draught of a Petition was presented, there were then 15 Assistants, of those there were only five drawing Vintners, all the rest had given over their Trades, or were of other Trades, though free of the Company, and many of them were liable to many other exceptions, and yet these referred that weighty business to be proceeded in by any three of the Committees, the Master being one, so that if the Alderman could procure any two to join with him, that junto was sufficient to dispatch all; and by this means the alderman's house was the place, and the Alderman himself, with some of his privadoes, was the man, where, and by whom divers important matters were expedited. And at some times the Alderman alone was sufficient, for 1000. was given to Kilvert, and 3000l. to Marq. Hamilton out of the Companies purse; but there is no Act of Court remaining, to show by what authority these moneys were disposed, nor does the Generality understand any thing thereof, but that the alderman's authority was solely effectual in that business. Eightly, Kilvert, the most fatal of all false-Informers, the most mischievous of all Projectors, the most impudent of all Impostors, was introduced to sit at the vintner's Hall in Court, there to act the lions and fox's part, and when that grew odious to many, he was by an adoption of mere formality, made free of the Company, that he might insult and insinuate the more, and by his mercurial trumperies prove more fruitful in mischief. And though he denies to have been at vintner's Hall till the creation of the project, yet he was there often, and that before, at, and after the 22 of Nov. for that very day it was that he so upbraided Mr Rogers and Mr Mason at the Hall, and dining after in Pater-noster Row, expressed himself in more insolent, and taunting language. Ninthly, when the Generality was drawn together by the King's command, they were caused ever to attend below divers hours till the Alderman and his party had framed and debated the business, the Generality had no share in the discussion of matters, it was sufficient for them to authorise and own what the privadoes had before discussed; and if any private man complained hereat, or took upon him to debate any thing by them resolved, he was singled out, and treated as an enemy to the King and his service; for example, Tho. Cox was so treated in open Court, and Mr Rowland Wilson was convented also before the marquess, and by him terrified, and taxed as the King's opposite. Tenthly, when the Company did not appear in so full a body as was thought fit by Abel and Kilvert, the business itself not being more displeasing, than the carriage of it, notice was taken thereof especially about Nov. 1637. and that the absent might be known, the names of such as were present were taken upon command; and this manifests how many wished ill to the project, and how few were active in the consummating of it. Eleventhly, as Kilvert and the Alderman had too much influence in entering acts, so they had the like in suppressing and taking away all such papers and Notes, as might arm and enable the Vintners for a fuller and clearer defence. For example, a Petition, and a Schedule of divers unlawful demands annexed in Nov. 1637. is charged upon the Vintners; whereas there is no copy of either remaining in the Hall-book, or in the Clerks hands, Kilvert must be the only Register in this case against his Adversaries, and though they can prove, that they never fully agreed upon any Petition, and that which was presented to them, was by him altered in matters of pertinence, contrary to the liking of the Vintners, yet he still charges them upon his own papers, by himself penned, and by himself preserved. Twelfthly, to give instances, what slavery and treachery the Vintners lived under, two only shall serve: There was 6000l. to be repaid to the Company; out of this the Alderman would deduct 2000l. issued for the use of marquess Hamilton, and Kilvert, and so there was two thirds due to the Company; but they could never receive above 12s. in the pound, which is not a full thirds; the alderman's pleasure was sufficient to discharge them of the rest, and against that they were utterly remediless. And next, the Alderman being entrusted to see counsel about the legality of the Imposition and the Farm, he pretended to be assured by counsel, of the legality of both beyond all doubt, and yet he had contrary counsel given him.  
All this almost which has been hitherto related, Kilvert passes over, and as if the Imposition had never been thought on till Nov. 1637. there he finds out the source of it, and then he makes the Vintners the first seekers and plotters of it. But because in Nov. the 6, and 22. there is no pregnant proof that the Vintners solicited for the Project, nor no mention is of any Petition, till Nov. 27. there he lays his principal charge; for to that Petition he annexes a Schedule, containing 11 immunities; and these he entitles, The humble desires of the retailers of Wines: and these are (as his words express) the very Project itself.  
The Vintners hereunto answer:  
That as the Imposition was before violently enforced till they did submit, so the Petition was now as subtly obtruded, that they might seem to do more than submit.  
That the Vintners at the first proposing of a Petition, did cry out against it, both as unnecessary, and unreasonable; Unnecessary, because without any Petition, the King might in honour, justice, and conscience, without any Petition grant, what he had voluntarily offered for his own profit; and if he would not, the matter to them was of little importance: Unreasonable, because they should now seem greedy of that, which they had so long withstood, and knew to be destructive to themselves, and would yet, if they might be permitted, at any rate possible, ransom themselves from.  
That Kilvert hereupon assured them, that the Petition could not engage them in any guilt, or besmear them in any crime, that it was only framed as best beseeming the majesty of a Prince, to whom no other address could seem congeable, and in that form wherein it was then presented, it did intimate the 40●. per Tun, demanded by the King, and the other immunities offered to the Vintners without any seeking, or solicitation on their part; and the King's promise was the ground of its prayer.  
That Kilvert intending, as it seems, to pull out the hot chestnut out of the fire with the monkey's paw, rather than his own, as the crafty beast did in the Fable, did nevertheless alter the Petition to the inverting of the sense of it, and that contrary to Mr. Shaw's advice, and did new transcribe it in contrary words, leaving no Act thereof in the clerk's book, to testify the effect of it; nor do the Vintners yet know whether it was ever presented to the King or no, or what reference it had, or how far that reference was pursued.  
That this Petition therefore, and its appendent Schedule, ought not to be esteemed as the act of the Vintners, but as Kilverts, nay as Kilvert criminous act, being no less than Forgery, and that of a mischievous nature; the Vintners thereby being not only drawn into damage, but crime also.  
Another thing alleged against the Vintners, to make them guilty of projecting this Imposition, is Griffiths' Letter in Feb. following.  
But to this the vintner's answer:  
That Griffiths' Letter giving instructions how to manage the Farm, could be no contrivance or projection of the Imposition; for Kilvert himself says, that he was not at vintner's Hall before the Project was petitioned for, and concluded; and it is manifest, that he was at the Hall in Nov. before, and therefore this is a mere contradiction, wherein he confounds times far distant, that he may thereby confound things as far different. That which had been the laborious business of so many years before, and the task of so many great councillors of State, and the design of so rare an Engineer as Kilvert, and had been brought to such maturation before Feb. cannot now be attributed to Griffiths' Letter, dated in Feb.  
2. But Kilvert says, That the Vintners were not only the inventors and projectors of the Imposition, but in the second place, they were also many ways actors and prosecutors of the same, viz. by Farming it, by sealing the Quad: Indenture, by taking 1d. and 2d. per Quart, above the just prices, &c.  
The vintner's answer; and first, as to the Farm:  
That the Farm of the Imposition for 8 years, was obtruded upon the Vintners, nor for that it was likely to prove beneficial to them, but for that they were the fittest men to bring in the King's Rent, and could collect it with the least noise and disturbance in the world, and with least opposition and violence amongst the Vintners: for if the King's Rent had been to be demanded and exacted by his own immediate Officers, or by any other Tenants and farmers of any other Trade, the vintner's Cellars must have been searched by strangers, and many occasions of tumult and strife must have happened, whereby great clamours and troubles might have been raised in the commonwealth, to the greater scandal of Projects. And the same was then apparent in the soap-boilers case; for whilst that Project was managed by strangers, and the old soap-boilers would not comply, the whole State almost was shaken with the out-cries and distresses of many undone Families, and the Projectors gained less, and vexed the subject more.  
That as the example of the soap-boilers case thriving so ill till the old Company did submit, was a motive in Kilvert, to press, and by force to drive the Vintner the more to a submission, so the example of the soap-boilers case, the old Company suffering so much, and groaning so long under such grievous things till it did yield, was a motive to the Company of Vintners, to make them yield the sooner: and therefore, upon the 7 of Feb. 1637. after some contestation notwithstanding; and after it had been opened, that Sir Abraham Daws had offered above 40000 l. for it, the question being put to the Generality, Whether they would farm the Imposition at 30000 l. per annum, they did consent thereto; and for the King's further satisfaction, since he would not contract with the Generality, they did agree to nominate 10 Contractors.  
That they were first advertised, notwithstanding that the mere renting of the King's Imposition was not contrary to Law, nor could they imagine, that since the State would be less grieved and perturbed, if they rented it rather than any other men, it could be held any disservice, either to the Subject, or the King.  
That if any miscarriage were in the manage of the Farm, that is wholly to be ascribed to Alderman Abel, and some few of his privadoes, who did engross the whole power therein, and benefit thereof to his sole use, and admitting some farmers or sub-farmors to bear the name thereof, yet they had, nor enjoyed nothing else but the mere name; and if they were admitted for any purpose at all, it was to bear loss and blame, and to countenance the alderman's tyranny, or to be responsible for his injustice, to this purpose they were more than nominal, titular farmers, but to all purposes of benefit they were shadows, clphers, and mere empty Names.  
That the Vintners expected no benefit from the beginning to arise to them out of the Farm, nor could hope for any other dealing from the Alderman, than what they found; for they knew well, that if Sir Abraham Daws had offered more than 40000 l. and was refused, it was not out of any favour to them, but out of some other end upon them. And they had some cause to fear, that if it proved a bargain of profit to the farmers, the Rent being once settled by their compliance, the King might avoid his grant, and if it proved a bargain of loss, than their own deed should be strongly urged against themselves: and howsoever it proved, they knew the Alderman would have the shuffling, cutting and dealing, all in his own hands; and that they should have, nor Law, nor right, nor remedy, besides his mere pleasure and discretion.  
That the alderman's trains and traps from the beginning, were very gross, and rank, and obvious to the dullest capacities; for though the Patent of the Farm were not sealed by the King, nor did commence till Midsummer after, yet he had chosen himself Treasurer, and taken a house, and settled Officers, and salaries, and removed his habitation before Lady-day. And though this business of the Farm was no such adventure as did require any stock at all, or bank of money, yet for other sinister ends, he demanded no less than 30000l. to be undertaken for by the farmers, and a good considerable part thereof he did gather in, and receive into his own hands, and divers men being therefore unwilling to come in as undertakers, he used extremities to draw them in: For example, Mr Leechland being fearful, and unwilling to undertake, he was forced and hunted in by the Alderman, and that place which he held under the King, was threatened to be taken away; and he had not undertaken any thing in the Farm, had it not been for fear of losing his place: And for another Example, Mr Rowland Wilson was as much solicited to come in for an adventure, but refused, and could never be won by any means whatsoever to join in the Farm.  
That the 7 Allegations set down in the alderman's paper, whereby he would prove the 10 farmers, and the 27 Sub-farmors equally interessed in the Farm with himself, are not sufficient to prove the same.  
For first, the Act of 29 March, 1638. does not prove, that his office of being Treasurer, and his stipend of 500l. per annum was settled by the Company of Vintners, when it is evident, that he had taken a house for that purpose, and removed from Billeter-lane, and settled all things before Lady-day.  
Secondly, the bringing in of 100 l. for every undertaker, when the adventure required no such supply, can manifest nothing but the alderman's tyranny and treachery: and for the 30000 l. he subscribed men's names as he pleased, they themselves did neither condition to be engaged for such sums, nor did they underwrite to such conditions, and the truth is, that money which was gleaned from the 37. though it was intended by the Alderman, as a hook to hold them in, and engage them the faster; yet nothing was pretended, but a mere loan, and therefore the Alderman paid them Interest according to their several proportions, although he gave no Obligations for the same.  
Thirdly, the major part of Undertakers were not present, or consenting to the choice of Alderman Abel for Treasurer, and they which were present, and consenting (besides some of his own privadoes) were but lookers on, and did but only agree to that, which they had no power to frustrate.  
Fourthly, those of the Adventurers, which did ride about to settle the Imposition in the Country, and in the Out-ports, did it in obedience to Warrants from the Lords of the council, and to the alderman's commands; and though they were spectators, or assistants, yet they did but execute the alderman's and Kilverts Instructions, and were as merely instrumental to them, as they seemed to be to the King; for Example, Kilvert rode to Bristol, and other Western parts, and though he went attended with some others of the Undertakers, yet he, as from the Kings own mouth, took the boldness to treat with all men, and that in very imperious terms; and when all his intimations from the King would not prevail to make Bristol men, &c. submit, he at last threatened them with the Star-chamber, and detected them of false Measures, and so as a mere Informer, reduced them in the end to subjection.  
Fifthly, those Acquittances which some of the Adventurers signed, have words in them inserted by the Alderman, merely to confess a Partnership, and an equal interest in the Adventure, without which, the Alderman would not restore them their sums adventured, do signify nothing but the alderman's craft and injury; for it was after a Parliament summoned, and as he drew the Acquittances for his own safety, so some of the Adventurers perceived his aim, and would not sign the same, but chose rather to leave their money still deposited in his hands.  
Sixthly, those 34 farmers which did consent to the buying in of the Wine-licenses on 15 Nov. 1639. were drawn in, and cozened by the Alderman, for he had bought them before, and found loss in them, and now by his uncontrollable power he would force them upon his pretended Partners; and at the same time he arrogated a right to himself, of turning out all such as would not join therein, and did use threats to the same purpose.  
Seventhly, that Petition which was drawn upon the approaching of this Parliament, and signed by 28 of the Undertakers, for the discharging and rendering up of the ●arm, was framed chiefly for the alderman's impunity, and he was the Author, and Solicitor in it to draw in others; and by his means it was also moved at the Hall to the whole Company, that they would concur in the same, and it was to this intent, that they might seem as much interested in it as he, and he as little guilty as they.  
That all these shifts and wiles of the Alderman and his faction make it very clear, that the ten farmers, and their under farmers were not so in truth, but merely nominal, that they might suffer for and with the Alderman, if any hazard or question were; for the Alderman made a great benefit of it: and being indebted, and of weak estate before, by this Farm he hath got a great estate, and enabled himself for one purchase of 17000l. whereas the farmers and sub-Farmors, never received one penny benefit, nor had any account given them in so long a time for it, nor had any assurance in Law, under hand or Seal, whereby to call him to account, or to recover, or claim any thing upon account. And as the Alderman did in Law keep all the power in his own hands, so in fact also he did exercise that power after an arbitrary unlimited way; at some times he openly told them, that they had no right nor interest in the Farm, but at his mere discretion and pleasure, and that he could turn out, or take in, as he listed; and at other times he did, upon private displeasures, put out, and lessen some in their shares, and, upon fancy, put in, and raise others; and all these things were transacted at his own house, by his own authority; and that was so unquestionable, and uncontrollable, that no man thought fit to stir, or move any thing against it.  
That as all this and more may be maintained in defence of the farmers, so more yet may be maintained in the behalf of the 27 sub-Farmors; for the 10 farmers did some things without the knowledge of the 27, and have since exhibited a Bill against the 27, to make them liable to some moneys disbursed by them, but they are overruled, and left remediless in the case; and the 10 were first drawn in and worked upon by the alderman's craft; and they being the richest men of the Company, the Alderman could not so easily have effected his ends, nor deceived others, if he had not first deceived them.  
The next thing pressed against the Vintners, to make them guilty of the Imposition, is the sealing of the Quadri: Indenture, and agreeing to the unlawful covenants thereof.  
The vintner's answer hereunto, is;  
That they having with great reluctance yielded their backs to the sore pressure of the Imposition in Nov. 1637. conceived▪ That a sufficient consummation of that affair, and hoping that the King would thereupon provide for their delivery out of star-chamber, and an open liberty of their trading, did not see cause to seek for any further Deeds or Covenants to be drawn, from them to the King, or from the King to them, much less from either to the French and Spanish Merchants.  
That it was the only policy of Kilvert and the Alderman, to have recourse to Petitions or Indentures; for as they had taken order for their own benefit before, in drawing the Vintners to an unvoluntary submission in Nov. so now they would take order for their impunity, by drawing further acts of more voluntary submissions, in show from the Vintners; before they had engaged only their tongues, now they would engage their hands and Seals, and leave them no retreit: before they had made them stoop to the King's ends, now they should seem to intend only their own; for it was now represented, that their grant to the King was sure and perfect, but the Kings grant to them must require further ceremony in Law, and supplication besides. And by this means the Vintners were to be made, not only losers, but culpable also, and the Projectors having first taken the vintner's bread, to put it into their own mouths, now take out the thorn also out of their own hands, to thrust it into the Vintners.  
That upon 15 March, 1637. when the Covenants concerning the Merchants were first proposed to the Vintners, they were cried down as unjust, and prayed against, and were not till the 21 of Mar: settled, and that by the interposition of the Lord Treasurer, marquess Hamilton, and the attorney general.  
That notwithstanding the unapproved settlement, no draught of the Quad: Indentures were showed at the Hall to be examined and scanned till long after, neither was the Company ever fully satisfied therein, or knew if any true copy thereof was produced, or how it was after altered; nor did they agree, till the 16 of June following, that their common Seal should be taken forth, and set thereto; nor do they know whether it was set thereto, or by whom, or when.  
That the Quad: Deed, bearing date the 19 of June, 1638. was not sealed by any particular Members of the Company, till Sept. following, and then those which did seal it with their private Seals, were drawn ignorantly to the attorney's chamber for that purpose, and persuaded to it by the Alderman, as a thing of mere form, and of no dangerous consequence at all: and since it had commenced, and taken effect before, they do not yet know what vigour their seals superadded to it, or to what purpose their seals were required, except it were to make them criminous, contrary to the alderman's fearful oaths.  
That since the Quad: Indenture did not occasion or precede the Imposition, but was occasioned, and preceded by the Imposition, and since it was in part compulsive, and an effect of those calamitous, irregular times; and since the alderman's fraud was so notorious in it, he putting in the names of whom he pleased, and some of those also having yet never sealed, and he having the common seal of the Company in his sole custody, and kept the same a long time after Midsummer, when another Master was chosen in his place; The vintner's hope to be excused, it not a Toto, yet a Tanto.  
That since the same Indentures were drawn also by the King's council, in whose judgement and responsibility, the Vintners had reason to confide; and since they were urged upon the Vintners for the King's advantage, or the Merchants, and not sought for by the Vintners for their behoof: and since the Vintners grant to the King, could not entitle him to any undue thing, or prejudicial to any but themselves: and since the Kings grant to them, as to any unjust purpose, might be avoided at pleasure, and was known to be voidable: and since there was no aim in the Vintners, to obtain any thing from the King but due impunity, and liberty of Trading: and whatsoever was thrust in further, was only to make them guilty, and plotted and acted merely by the Projectors: and since the Vintners never did enjoy more than a free Trade, and exemption from ruin in star-chamber, but were rather hindered in their Trade, and discountenanced after: and since it is manifest, That the Projectors in all those inserted illegal Covenants, had never any respect to the good of the vintner's, or intnent that they should enjoy them; They humbly, yet cheerfully, submit herein their Case to the censure of all good men.  
The next thing objected by Kilvert, as an execution and pursuance of the project, is, The taking of 1d. and 2d. per quart by the Vintner, upon the consumption of Wines: and this is charged as an exaction, and injurious to the Subject.  
For answer hereunto, the Vintners say,  
First, That the necessity of those times was so irresistible, that without taking 1d. and 2d. per quart, they could not Trade; and without Trading they could not subsist, for the Imposition was exacted at the customhouse; and without paying it, they could get no wine, though they would have resisted it; and the question was only, whether they would take the advance in the retail, or starve themselves and their families. And the Vintners can make it appear, That the Shipscot was not drawn on with more violence and subtlety, nor no project, than this; and yet if all delinquents in all such violent and subtle projects, were now questioned, it would shake the foundations of the State, and disturb the common peace.  
Secondly, that they never took for their Wines, but according to the prices set by the Lords, and that such taking is justifiable by the Statute; for if any injury thus was done, it was done by the Lords, in setting the prices contrary to the meaning of the Statute; and to do this, the Lords were not solicited by the Vintners, nor can they conceive it to be, by so inconsiderable a Company, or to have any respect to the benefit of such a poor Incorporation. But it is manifest, that they respected the King's benefit, and were officious therein, and that much against the vintner's will, and that thereby they had a great power to effect their ends, and did thereupon strain their power to effect the same.  
Thirdly, the Vintners were not so far favoured by the Lords, though the Imposition was submitted too, but that they suffered hindrance, and loss notwithstanding, and the prices of Wines were set, as if there had been no Imposition laid upon the Vintners; but this point falls in with the third branch of Kilvert's Charge, and therefore is to be more fully opened, and answered in the next place.  
3. In the third place therefore, whereas Kilverts charge is, That the Vintners did project, and seek the Imposition for their advantage and profit, and did reap great profit and advantage by it.  
The Vintners make answer:  
That many things reckoned up by Kilvert as immunities, and benefits of the Vintners purchased by this Project, were their birthrights, and legal Interests, and had been due to them without any Imposition: For Example, the Cooper's encroaching by fraudulent brokerly Offices betwixt Merchant and Vintner, and ivy-like sucking juice out of both, without any root of their own, were to be restrained of common right. So the dressing of Meat, selling of Tobacco, exemption from the extrajudicial Decree of Star-chamber, the restitution of 6000l. lent to the King, &c. were appertaining to their Trade, and due by the Law of the land; and if no Imposition had been, they ought to have been enjoyed without question or molestation.  
That the taking of the Farm, the restraining Merchants to sell to any except Vintners, the dealing in Wine-licenses, yielding to the Imposition of 40. per Tun, &c. which Kilvert recites, and privileges and benefits sued for by the Vintners, were indeed no way beneficial, nor sued for, nor at all obtained by the Vintners, though the contrary was pretended in all.  
That whereas Kilvert affirms, that the Vintners have gained by the Project above 200000l. arising to them three several ways; viz. 1. By beating down the merchant's prices. 2. By the advance of 1d. and 2d. per quart, retailed. 3. By selling Malagoes and Sherries for Canaries. To each of these particulars; and first, as to the first they reply:  
That the Vintners (to give a true relation of things) being much incited, and forced to submit to the Imposition, amongst many other Objections used this as one.  
That they being loaded with the Imposition, could not sell so cheap as others, and by that means all Noblemen, Gentlemen, and others, would buy of Merchants and Cooper's, and not of them, as formerly; and so a great part of their Trade and gain would fall away. To salve this, the King's Agents answered, The Merchants and Cooper's shall be bound up, and shall fell to none but you. But as this was offered to the Vintners, that without utter ruin they might submit to the King's benefit, and not desired by the Vintners out of any covetous desire to enrich themselves by other men's loss, so it was but only offered, and never intended, or faithfully performed. Howsoever, the Merchants (by the advice of Roger Kilvert, Brother to our main projector) were so politic, as to pretend, that this restraint, or rather umbrage of restraint, was unequal to them; and therefore to ease them in this particular, a remedy was invented by obtruding a medium of 5000 Tun French Wine, and 4000 Tun Spanish yearly, upon the Vintner at such high rates set in favour of the Merchant, to the great disadvantage of the Vintner.  
That on the 15 of March, 1637. at a general Court this medium Project was proposed; but the outcry of the Vintners was, that it could not take place without general discontent, inconvenience, confusion, difficulty, and disturbance of Trade, and therefore they humbly prayed against it, as in the Hall-book is verbatim registered.  
That the project being hereupon much endangered after so fair a progression of it, upon the 20 of March the Lord Treasurer, Marq. Hamilton, and Sir I. Banks then attorney general, convented some of the Merchants and Vintners before them, and then regulated the Vintners, to admit of the Medium.  
That upon the 21 of March, the same was discovered to the Generality, and their consent was obtained, although their opinion thereof was nothing altered, for being so snafled and muzzeled as they now were, it had little booted them to reject so potent an Order. And the Merchants could not conceal what advantage they had hereby over the Vintners: For Example, Roger Kilvert in derision to the vintner's complaints, answered; The Vintners are free from the Star-chamber, and are now the King's white-boys, and shall the Merchants enjoy nothing?  
That the Medium in itself was a great, and violent pressure, but as it was abused by craft, it grew intolerable. The inconveniences of itself, were;  
First, that it necessitated the Vintners to buy too great quantities of Wines from the French and Spanish Companies: for by this means the Vintners, whose Primitive undoubted right it was, to trade as Merchants, and had been in suit about the same, were now defeated of that Trade, they being now scarce able to vend, and retail so much as their Medium proportion extended to.  
Secondly, that it injured the Vintners in the prices and goodness of Wines, for the Merchants before were allowed to sell at such rates, but the Vintners might bargain at pleasure, they had an open and free market, and commonly they bought under the prices set, and they pleased themselves with a free choice; whereas now, the Vintner is confined to a Medium price, as well as a Medium proportion; and as the Merchant is allowed to sell, so he is constrained to buy; nay if the Merchant will needs require more, the Vintner must needs rise accordingly.  
That the cozenages and abuses of the Medium, were yet worse than the Medium itself; for under colour thereof, the Vintners were deceived in the quantities of Wine: For Example, sometimes having bought of a Medium Merchant so many Tuns, and hoping thereby to be discharged of their Medium proportion, the Merchant would nevertheless pretend, that the Wines were none of his, that he was but entrusted to sell them as a Factor for another, and so this was no discharge for the Medium.  
Secondly, other Merchants which were not of the Medium contract, would get the medium Merchants to patronize and sell their Wines, and so under that pretext, the Vintners were forced to take off small Wines at the Medium price, which otherwise they might have bought cheaper.  
Thirdly, by this means there was no end of the Medium proportion, for whatsoever quantities the Vintner took from the Merchant, the Merchant still complained that his proportion was not taken off, and the Vintners for want of true intelligence, and correspondence amongst themselves, were not able to evince the contrary.  
In the next place also, in the qualities of Wines, the Vintners were further damnified by this Medium contract; for no vendible, merchantable Wines might be refused from the Merchant by the virtue of the contract, and all Wines almost were admitted good according to the contract: Whereupon it happened, that the Vintner was forced to take too great stores of course Wines to satisfy the Merchant at excessive rates, and yet in the mean time to satisfy customers with richer Wines (Wine being a matter of mere pleasure) he was of necessity to provide other store, of better Wines at an extraordinary rate.  
And in the last place, though this burden of the Medium was introduced to gratify the Merchant for his restraint, and to balance in the Vintner the privilege of suppressing the Cooper's, and some other privileges; yet neither was the Merchant restrained, nor the Cooper suppressed, nor any other promise entirely performed; so that the very pretences of ease, proved in the end burdens; and the promises of help, troubles; for the greater load being once laid on, the staff presently which should have made it the more supportable, was taken away, or denied. The Merchants did sell, nay (as they were able) did undersell to Noblemen, Country Vintners, &c. more commonly than before. The Cooper's got Tickets from Alderman Abel, and thereby passed for ●etty Merchants; and having gotten Tickets for once, they made the same serve for many times, and sometimes without Tickets at all they sold Wines by stealth, and they did not always deal by wholesale, but sometimes in roundlets, and serve Funerals: and all this after the Vintners had taken off a great quantity of ill Wines at a great loss from their hands, upon an agreement that they should relinquish that Trade for the future. And at all this Alderman Abel did connive, and as is probable, made a great advantage by it; being in that respect more inexcusable than Kilvert, who having a Brother of the merchant's Company, and not being himself a Vintner, as the Alderman had been, may be held less blameable. But to shut up this point, Kilverts own words are in print; when the Medium seemed grievous to the Vintners, he himself took a journey to Barwick for them, and there obtained order and direction from His majesty to the Lords, to ease and discharge the Vintners of it, which was done accordingly: and hence it seems, the Vintners, if they had gotten 60000 l. in three years, by beating down the prices of the Merchant (as he before suggested) or had had any advantage against the Merchant, they had been very inconsiderate, in sending him to Barwick, and giving him 1000 l. to deliver them from such a profit.  
The second gain of the Vintners (as is suggested by Kilvert) is in retailing at 1d. and 2d. per quart, dearer than the usual price of Wines, and by this advance upon the consumtion of of them since Midsummer, 1638. when the Vintner first retailed at 7d. and 14d. he says the Vintner has gained above 130000 l.  
The vintner's answer hereunto contains five things very considerable; but our stumbling block had need be first removed.  
Kilvert in all his accounts, speaks of so many Tuns of French, and so many of Spanish, and yet the Vintners buy Spanish Wines by the Butt and Pipe, which are but half a Tun; so that a Pipe of Spanish Wine is equivalent to a Tun of French, and is commonly as long in drawing, and as much stock is employed in the one as in the other, and setting aside that a Butt or Pipe takes not up so much room in the Cellar as a Tun, there is little difference to be observed: and therefore the vintner's gain ought to be alike in both, and Kilvert ought not to pretend, as if the Vintner bought of Tuns alike.  
This being premised, the vintner's first answer is;  
That Kilvert d●es most untruly compute from all Wines bought in by the Vintner, to all uttered by them, for the Vintner sells not by the quart above two parts of three commonly of Wines bought in gross, and a full third he sells to the Country Vintners, and others, as he buys in gross, and sometimes his benefit is small, and sometimes none.  
The second answer is, That the Charge of retailing Vintners, is far greater than of other Tradesmen, for in the retailing of 1000 l. or 1200 l. per annum, there is necessarily required at least 300 l. charge, and yet other Trades will retail more with half the charge. And experience in this, is a demonstration sufficiently convincing; for if there be in London 500 Vintners, there are not above 40 of them rich men, the greatest part by far is poor and indigent, and the Merchants themselves have attestated this before the Lords of the council, and the honourable Committee; witness Capt. Royden, &c. This is an Argument, wherein no error can be, and which will admit of no answer.  
The third answer is, That drawing Vintners are subject to many casualties and misadventures in their Trade, many times Wines decay upon their hands, and leak away, so that sometimes they sell to Vineger-men and Distillers, and sometimes retail at loss.  
The fourth answer is, that Retailers are often constrained to give more for Wines, than the prices set by the Lords; and of late years they have given more for French Wines, by 3. 4. 5. 6 l. per Tun, than the rates set; and for Spanish, 10. 20. 30s. a piece extraordinary.  
The fifth answer is, That since the Imposition, as the retailing price has been advanced for the vintner's benefit, so the merchant's price in gross has been advanced also to the vintner's hindrance as much: so that since the Imposition, the vintner's condition has not been bettered: For Example, in 1636. and before that year the Vintner bought Canary at 17l. per Pipe, and sold at 12d. he bought Sacks at 15 l. per Butt, and retailed at 10d. but in 1637, 1638, &c. he bought Canary at 19 l. and Sacks at 17 l. so that if no Imposition had been then levied, yet the retailing price ought to have been advanced. French Wines also have been of late more scarce and dear; and therefore in 1634, 1635, 1636, &c. the Vintner bought the best Gascoin Wine at 18 l. per Tun, and smaller Wines at 15 l. and then the selling price was 6d. per quart; but the buying price now for the best Wines, is 19 l. per Tun, and for the smallest 17 l. and yet the selling price is but 7d. So the set rates have been, and yet the Merchants have often sold above those rates also: For Example, Mr Wilcox has bough Canaries of Roger Kilvert himself (the supposed Projector of the Medium) at above 20 l. per piece, and was fain to pay down the money required above the Medium, as a fine before hand; and many the like Examples might be given. And whereas it is reckoned by Kilvert, that 1d. per quart is answerable to 4 l. per Tun, this is most untrue; for by reason of want of Gage, Lees, Leakage, and other misfortunes (admitting that Wines do not change, or sour) the Vintners cannot draw above 220 gallons; so that in respect thereof, no less than 1 penny in 4 can be allowed the Vintner. For note, that in a Tun of French Wine there ought to be 252 gallons. And note, that though Sherries are commonly full gage, yet Malagoes and Canarries are under gage, and every Pipe wants 8 gallons of full gage, besides as much Lees, and besides the damage of Leakage, &c.  
Note also, That though some rich French Wines want not of gage, yet the smaller Wines want 20 Gallons; and high country Wines, which are the richest of all, want so much of gage, that a Tun is not above five Hogsheads. In this therefore Capt: Langham did ill to abet Kilvert, and he is most easily to be disproved: and all these losses also to the Vintner mentioned, are such as come along with his Wines when he first buys them, and are over and above casualty at home in his own cellar. So then supposing 3 l. answerable in the Tun to every 1d. raised in the quart, and to give account of that 3 l. The Vintners say, that there was 1 l. new Imposition taken by the King at the customhouse, before the srme which Sir Abraham Daws farmed; and that by this new project since 1637. 2 l. more also has been taken by the King, besides what the Merchants have advanced in their price, partly by reason of Impositions set in Spain, and partly by the dearth of Wines in France; and so for divers years last past, the Vintner in very truth, has been but a mere drudge to projectors, employing himself, his servants, and estate, to supply the commonwealth, either for loss, or no considerable profit.  
The third way of gain to the Vintner, which Kilvert calls a super-project, is, By selling of Sacks and Malagoes at the prices of Canaries, the gain whereof is 12l. per Tun extraordinary; and this way since Feb. 1637. The Vintner, as Kilvert pretends, has gotten 30000l. and his brother Roger in this, is his faithful abettor.  
The Vintners, in the first place, refer themselves for answer hereunto, to the competent proofs of their accusers, desiring only, That the same kennel which was once produced, and disproved before the Committee, may no more be admitted.  
And in the second place, if proofs fail on the other side, they shall make it appear on their side, That few Vintners in London vent any considerable quantities of Sherries or Malagoes by retail. A great number of them may safely depose, That they scarce draw 4 Butts of Sacks in a year.  
In the third place also they say, That those Vintners which do deal in any considerable quantity of Malagoes, and Sherries, do for the most part, buy them for the country Trade, and utter them again in gross, at a very small increase of profit.  
And fourthly they say, That such as drive a Country Trade, do not usually send down their Sacks in Butts, as they buy them, but in Graves Hogsheads; and it is very certain, That 2 Butts, viz. of Canary or Malago, will but little more than fill 3 hogsheads, being racked; and after this account, the price of a Butt of Sack, set at 17l. and a Hogshead being sold at a 11l. Two Butts are bought at 34l. yet in three Hogsheads yield but 33 l. so that were it not for some bargain sometimes under the prices set, the Vintners might sell at loss. For example; Tho. Dudley justifies, That from 1637. till 1640. he has sold in gross to country Vintners 250 Tun of French Wine, at 5d. per quart, and under; and 180 Tun Spanish, Canaries, not above 12d. and Sacks, not above 11d. per quart, besides many losses by trust, &c. and for this, his Books of yearly Accounts, will be sufficient evidence. And many more like examples may be alleged.  
And here let it now not be omitted, That Kilvert has divers other general ways of blinding and puzzling such as are not knowing in the vintner's mysteries; for first, he charges all Wines imported at the customhouse by Merchants, as bought by Vintners, although he cannot be ignorant that Cooper's, Merchants for other countries, Aqua vitae men, Gentlemen and others, do vent and buy at least a moiety of Wines imported, the Vintners scarce compassing the other moiety.  
Secondly, He allows and deducts 15 per cent. for leaking at Sea, &c. but he conceals the great quantities of Lees, which, many times, the Merchant pours out of one leaky vessel into another, and sells for neat to the Vintner.  
Thirdly, He makes no allowance for leakage, or other mishaps incident to Vintners in their own Cellars.  
Fourthly, He passes over want of gage, as a thing scarce worth mentioning, thinkingit sufficient to say, That the richest French Wines are commonly full-gage: but the fallacy of this hath been discovered.  
Fifthly, He insists upon the late cheapness of Spanish Wines, and yet they were scarce ever dearer before the Imposition, but in the mean time passes over the great dearth of French Wines; for the truth is, Spanish Wines have not been so cheap as to make the Vintner whole for the dearth of France, but the dearth of France has been so great, as to devour all profit by Spain, and more.  
And here it may be noted, That the old rates was about the beginning of K. Char: that the retailing price of French Wines were set at 8d per quart, when the merchant's prices were no higher than now, or of late, since the Imposition.  
To draw now to a conclusion; since the Vintners can make it so visible to all that their Company (excepting some few of them) is poor and necessitous; and that this Project for these 3 or 4 years' last past, has impoverished and impaired them more than formerly; and since they have so satisfied the Honourable Committee therein, that Master Green has confessed it to be the opinion of the whole Committee, they desire that it may be duly weighed, for the Vintners have not only suffered much by this Project, but they knew long before that it could bring nothing but loss and hazard upon them, and that was one cause why they opposed it so long; for if it had been merely illegal, and not very detrimental also, it cannot be imagined that they should with so much stoutness and constancy, and hard endurance have stood out against the violence of it so many years together. They desire also that their Case may be warily severed and unfolded; if they have been delinquents, let them be fined as delinquents, according to the just weight of their several delinquencies: if they have been gainers by the project, let them make restitution according to their several gains: but when they are not prosecuted as delinquents, nor believed to be gainers, let not Kilvert, without assigning what third way he will require it, challenge from them 200000 l. in gross. Let it also be considered, That it is impossible in nature for any human judgement exactly to descry, amongst all the Vintners, who were the greatest delinquents or gainers: and their Cases being different in both, no one indifferent sentence can justly involve all alike in both: if they have been delinquents, it shall be confessed, that they may be punished, though they are no gainers; and if they are gainers, restitution may be demanded, though they prove no delinquents: but let not both those terms be blended, as if in this case they were inseparable. Howsoever, if necessity, and force, and fraud so extraordinary shall not excuse the Vintners, as it does almost all the Kingdom in the Shipscot, and other late projects, if the calamity of those times shall not acquit them which consented to the Imposition, &c. yet all did not consent alike. Some were more active, some more passive: a great part was not at the Hall, but had just cause of absence, when any illegal thing was proposed; and a great part being present, were concluded by the majority of other men votes, and a great part of Voters did most unwillingly vote for fear of ruin; and yet all these are not equally culpable, nor yet now possibly severable. So also if the project be held gainful, yet it could not be gainful to all alike, for all Vintners do not trade in the same quantities; nor do all, trading in the same quantities, find the same gains coming in by their Art and Industry, nor the same blessing of God prospering them in both: and yet in this case, justice ought to proceed with equal respect had, as well to geometrical, as to arithmetical proportion. And as for the second part of the Accusation; it cannot be doubted, but that the chiefest authors, are to be accounted the chiefest actors also in the business. It is not so difficult to bring a horse to any obedience, and to the endurance of any load after he is once thoroughly broken, as it is at first to break him: and this Kilvert, &c. found trne in the Vintners; for after he had once prevailed, that they should not resist the Imposition any longer, by the same power (and less) after, he might make them beg for it, and seem desirous of it; nay, in show, contend for it: yet still this shows them the more servile and oppressed, and him the more tyrannous and unjust.  
This might suffice for the three branches of Kilvert's Charge: but it is evident, That he is not an Accuser only, but a Calumniator also. He speaks of divers arts, whereby the vintner's sophisticate, and adulterate Wines; he mentions sawdust of Deal, Bilberries, and the like, as used by the Vintners, to corrupt and falsify Wines, or to put off Wines corrupted and falsified: if this be true, he ought in justice to the commonwealth, he ought out of justice to Justice itself (whose eyes he now seeks to blind) to reveal the same; and the persons offending, and the times, and certainties of each offence: but if it be not true, he ought to confess himself, to be himself; that is, a professed perverter of Justice, and enemy of Truth. Whilst the High-Commission tyrannised, there was no fitter bloodhound than Kilvert to be officious in that Court, yet even in that Court he was found too corrupt, too libidinous, too treacherous; many Articles were exhibited against him, and at last he was rejected, as a person infamous, and scandalous to ecclesiastical Jurisdiction. His next Scene that he entered upon, was the Star-chamber; and for a good season, he played there the part of a rare artist; and having given admirable proof to the world of his exquisite skill in producing Deponents, and managing of oaths; he left it at last, uncertain, Whether that Court contributed more to his preferment, or he that Courts ruin: but the wonder of all is, that he dares yet appear in Parliament with any confidence, or in a time of Reformation, publish such accusations as he does, wherein there is no one entire, solid truth; nay, nor scarce any parcel of truth, which materially tends to his own justification, or to the vintner's confutation. Since the depending of this Case, some witnesses have been produced by Kilvert, or his brother Roger▪ or both, to depose against Mr. Gardener, and many other Vintners, that they sold all their Sherries and Malagoes at the prices of Canaries. These were disproved before the Committee, and indeed by their deposition, they must have known that in the vintner's Cellars, which the Vintners themselves could not possibly know. In one Pamphlet also Kilvert moving the House to retact their Votes concerning his guilt; He is bold to move them to it the rather, because of the 200000 l. which he hopes to recover out of the Vintners, as if this could be any motive to such just Judges: and at another time he is not ashamed to reckon up his good services, and merits to the State. But sure, though the man forgets where he is, or to whom he speaks, his Judges cannot forget who he is, and what he alleges. Of Roger Kilvert nothing need to be said, but that betwixt him and his brother Richard there is a true resemblance, and lively natural stamp of brotherhood; and in the Medium Project, that his brain was the more pregnant of the two. Of Alderman Abel, sufficient is related in the story of Kilvert; he was as fit an engine for Kilvert, as Kilvert was for those rigorous, projecting times.  
Satan's two great attributes are, that he is a liar, that he is a murderer: lying is his means, murder is his end, when he tempts into sin, and when he accuses for sin, he is false in both, but his falsehood in both ever tends to destruction. The Vintners have found both these satanical attributes very eminent of late in their adversaries. The same men which first assailed them to draw them into the Project, are now their greatest prosecutors for the project; and there was not more deceit in representing the project legal then, then now in making it so odious; and it is hard to say, Whether greater ruin was contrived to them when they were to submit to it, or now, when they are to be punished for it.  
FINIS.