A REPLY TO A MOST untrue Relation made and set forth in Print, By Certain VINTNERS, in excuse of their Wine PROJECT. Printed in the Year, 1641. A Reply to a most untrue Relation made, and set forth in Print, by certain VINTNERS, in excuse of their Wine PROJECT. To contend with men that deny their own public Acts, is a hard task; yet for better manifestation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the Wine PROJECT. IT hath been already set forth, and plainly showed, even by the orders of Vintners Hall. That the retailing Vintners of London contrived that Project at their common Hall in November, 1637. That they prosecuted it, and petitioned for it; And as it appears by the Project itself, that none but the Vintners could have contrived it. So the truth is, the covetousness of the Vintners, with their desire to Monopolise the sole retailing of Wines, and their pride and malice to the Cooper's put them upon it. Their covetousness; For they propounded, and would have no less than 4. l. a Tun on all French, and 8. l. on Spanish Wines, to pay the King 40. s. restitution of 6000. l. liberty to dress meat, sell Sugar, Beer, and Tobacco: restraint of Wine Licenses in or near the City, enlargement of their Charter, and other great benefits: and all this for bare 40. s. a Tun to the King. Their pride and malice to the Cooper's. They would not have a Cooper to live, but as their servant, the poor Cooper's must not sell a rundlet of Wine, they must be suppressed, to advance their Lords & Masters, the London Vintners, that so they might Monopolise to themselves the retail of Wines both in City and Country. That was the Vintnersend by this Project, for by it they tied up the Merchant from selling to Cooper's or Country Vintners. And albeit the truth of these particulars appears clearly by the Project itself, and the Vintner's orders: yet the Vintners are not ashamed to affirm, and that in Print too, in the front of their untrue relation. First, that the generality of Retailers disliked this Project. Secondly, that whatsoever they did in it, was by compulsion. Thirdly, that they received great and insupportable loss by it. What truth is in these men? Doth it not plainly appear by their own Order of the 22. of November, 1637. That the generality of Retailers contrived it at their Hall, and have they not all taken the benefit of it, viz. a penny and two pence in the quart? Is it then to be believed that they disliked it? And what can be more manifest, then that it was the design and work of the generality. For the whole Committee could not, much less could Alderman Abel, or any particular man, conclude any thing in it without the consent and direction of the generality, as appears fully by the Orders of the sixth, the 22. and the 27. of November, 1637. The Committee was from time to time to give account of their proceed to the Generality, and were so limited by the orders of the generality. Doth it not appear by their foresaid Order of the 27. of November, that they petitioned for it? Did they not ratify and confirm it at a general Court, as by their Order of the seventh of February 1637. and by eight subsequent Orders made at their common Hall? How vain then is their pretence of threats, or compulsion. As to the third, That they received great, and almost, insupportable loss by it. Do not all men know that from February 1637. to December 1640. the Vintners have taken on all French Wines 4. l. a Tun, and from February 1637. to this day, being above three years and an half, on Spanish Wines 8. pound and 12. pound a Tun, above the set price, and not paid the 40. shillings to the King, one full year and half. All these excessive gains they have exacted by colour of this their Project. Ought they not then to be ashamed to set forth in Print, that they have received great, and insupportable loss by it? But what falsehood will not these Vintners affirm for truth, and what truth will they not deny and outface, who say, they have great loss by this Project, when their gain is so notorious, and deny their own Orders which they made at their common Hall? Their Orders which they would now deny, have been several times proved at the Committee, and out of those their own Orders (against which no modest or honest men would contend) they have upon ten several hear, been four times voted by the Committee, to be the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so voted by the whole house of Commons in these words. Die Mercurij 21. julij 1641. Resolved upon the Question. THat the Company of Vintners by their own offer of 40. shillings per Tun upon Wines to his Majesty, and demands of liberty to raise a penny per Quart upon French, and two pence a Quart upon Spanish Wines, and prosecuting the business, as appeareth by their own Orders, are Contrivers of the said unlawful Impositions, and are Delinquents. Resolved upon the Question. THat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings per Tun, and one penny per Quart are Delinquents, and aught to give satisfaction to the Commonwealth. In these Votes there can be no error: For it appears clearly by the Vintner's Book of Orders of their Hall, That they offered the 40. shillings a Tun, and demanded liberty to raise a penny, and two pence a quart, and prosecuted the business; An infallible proof against them, in which there can be no corruption, and against which no exception can be taken; their own Book condemns them. And the Vintners and seven Counsellors for them were heard by the Committee, above ten several days with much patience; and upon the testimony of their own book of Orders they were on the 17. of june, 1641. Voted by the Committee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was four times confirmed by the Committee. These Uotes standing good against the Vintners, as they are most just, Master Kilvert is much comforted in a strong Faith, That he shall show just cause to the Honourable House of Commons to alter their Uotes against him. First, in regard that since that Uote against him, he hath made a material part of the truth to appear, which then he could not so clearly manifest. Secondly, for that he is ready now to make the whole truth of the business, fully and clearly to appear, both touching the creation and execution thereof. And in truth, it is another thing than it appeared to the Committee to be, when he was Uoted. The part of the truth, which he hath already made to appear, is: That the retailing Vintners contrived this Project amongst themselves, at their common Hall, in November, 1637. Petitioned for it, and prosecuted it. That which he is now ready to prove, is First, that he was not present at, or privy to, the framing or contriving of the said Project; nor came, or sat amongst the Vintners in their Assembles at their Hall, or elsewhere, until they had contrived, and concluded upon the said Project, and that the chief Vintner's present at those meetings, have often acknowledged as much. Secondly, That a principal witness examined against him, when he was voted by the Committee, hath since his examination acknowledged (as the truth is) that he was mistaken in the main point of his testimony. Thirdly, that all those that testified against him, when he was Voted by the Committee are parties to the Project, and Delinquents; viz. Parties to the Original contriving the Project. Parties to the Indentures of creation, of the Project: And Parties that took benefit by the Project. So that they all spoke in excuse of themselves. These particulars he could not so fully prove before the Vote, being much straightened in time by Master Hearne, of Counsel for Alderman Abel, who spent almost two days in recrimination of Master Kilvert, against truth, and the direction of his client, and lest not Kilvert two hours for his defence. And since these particulars are so material, and necessary to master Kilverts just defence, he cannot doubt of the goodness of the House of Commons (so great lovers of truth) that they will be pleased to admit him to prove the truth. Lastly, touching the Execution, It appears fully by a Letter written, and sent to Alderman Abel and master Rowland Wilson, by George Griffith, and confessed by Griffith before the Committee, that the said Griffith projected and designned the manner of Execution of this Project, and he accordingly put it in Evecution, and had 200. pound a year Fee for the same. The Letter and Instructions follow in these very words. Worshipful, LAtely meeting with some Judicial men who were conferring about your present Contract, some said it would be a profitable business, if well managed; and confessed that none so fit to manage it as our Company: I was bold to reply, that I was assured it would be well managed, and that we had as able men, both wet and dry Vintners in our Company, to contrive and do it as any otherwhere could be selected: and therefore to make good my word, and that the event should prove it, I being a member of our Company, and one of the Assistance, I hold it my duty to note any thing that will any way advance the said Companies honour and profit: and therefore I present the above written unto your Worships, which I acknowledge to be mean to your abilities and grave experience; Yet if you please but to peruse it, and to make use of any thing therein fit for your better remembrance, I shall take it as a favour: and so to God Almighty recommending you, and all your Worship's good endeavours. I shall ever rest Your assured faithful brother and Servant, George Griffith. 13. Feb. 1637. To his respected good friends the Worshipful, WILLIAM adel Alderman, ROWLAND WILSON Esquire, and to all the rest of the Vintners selected to be Contractors with his Majesty, these present. To the Worshipful Alderman ABEL, and the rest of the Contractors. Advice for the better advance of the Worshipful Company of Vintner's Contract, now with his gracious Majesty, and Licenses with the Right Honourable, GEORGE, Lord GORING. THe Contractors to have a special care to obtain as large a grant, as can be granted, and in particular. 1. That the two Articles first proposed, be absolutely confirmed; especially, those that concern the liberty, freedom, and good of the Retailing Vinmer, as is best known to your Worships. 2. That in the Grant a proviso be made, That his Majesty and his Heirs shall put no further Custom, Impost, or charge on Wines, then is at the making of the Grant. 3. That defalcation be made in case of wars with France or Spain. 4. That defalcation be made in case of plague, or great mortality. 5. That defalcation be made in case any Merchant or Retailer should refuse to pay the 40. shillings per Tun, and that the Contractors using all possible means, and cannot by Law or power compel payment, in such case fit his Majesty make defalcation. 6. That his Majesty grant an ample Commission to some eminent Nobleman, and to the Contractors and their Deputies, to take and leavie the 40. shillings per Tun, and for the future, that the Merchant register their sales in thirty days, or in default that he pay the 40. shillings per Tun, for such Wines as by the Custom-house, or otherwise, it shall appear he hath received. 7. That before the day of the commencement of the Contract, that a general search be made in all Sellars of Wines, and register be taken of them, that the Contractors may receive the 40. shillings per Tun. 8. That his Majesty's rent be made payable once, or at most, but twice in one year. 9 That the Contract be made for at least 14. years, and if that will not be granted, then to be well advised, whether you will take the Lord goring Licenses from him or his Majesty, if you can procure 14. years from his Majesty, then all to be taken from his said Majesty; otherwise, under your favour, I hold it fittest you take the Licenses, and continue it from the Lord Goring, and my reason is, that if from his Majesty you have but a short time, and the Contract by your Industry made profitable, others may Farm it hereafter from you, which if you have the Licenses, they will not be so ready, or so able to do, and so by that means you may be afsured to have it for 14. years. 10 That whereas Sir john Rainenam K. hath the Licenses for Cornwall and Devon. it is very fit for you likewise to take it in, which may be easily done, and hope on reasonable terms, and to move him to grant it, you may advise, that all Merchants that importeth Wines into those parts, must pay 40. shillings per Tun, and that you will not grant the Retailers in those parts, to sell for a penny a Quart above the rates, except they will come in to you. 11. That you have his Majesty's Proclamation, signifying his gracious pleasure for payment of the 40. shillings per Tun, etc. as Counsel shall advise. When your Contract is finished, than these following Officers to be had, and a convenient house for meetings. 1 A Receiver general, to account on oath for all he receiveth, and payeth out, and he to give good security for what value he shall be entrusted with. 2. A Secretary. 3. An able Accountant. 4. A Beadle. 5. A messenger to attend the Commissioners. 6. Such other Officers (as one at the Custom-house to take the entries of all Wines) as you shall hereafter find necessary, for the agitating of the business in person abroad in the Country. Now, as by the Orders of Vintner's Hall it appears, and is so Voted, that this Project was contrived by the Company of Vintners: So it also appears by this Letter of Griffith, (who was one of the principal Contrivers) That it was designed for the advancement of the Company, and the benefit of the generality: and that Griffith was the principal Projector and contriver in the execution. On the seventh of February, 1637. at a general Court at Vintner's Hall, the Project was confirmed by the Generality, and the Contractors named; and six days after, viz. the 13. of February, Griffith writes to the two principal pillars of the Company, and directs the form and manner of execution, for the best advancement of the Company. So that now this whole business being found to be the work of the Company, both in the creation and execution, Master Kilvert is most confident of the justice of the Honourable House of Commons, That they will not punish him for the Vintner's offence, there being no Petition, or complaint against him, other than the recrimination of the Counsel of Alderman Abel, and the Vintners. The truth of the fact touching Kilvert, now manifestly appearing otherwise, then when he was Voted; It can no way derogate from the Honour and Justice of the Honourable House of Commons to recall their Uote. Which he most humbly prays, they will vouchsafe to do in their wont goodness, the rather, since by his endeavour and sole charge a great sum of money will be justly raised from the several Vintners, that have unjustly taken it from the Subject, by colour of this their Project. For the gain that the Vintners have made by this Project, It hath been already shown and proved before the Committee, to amount to above two hundred thousand pounds. This their gain hath risen three several ways. First, by beating down the Merchant's prices, by which alone they have gained, in these three last years, above sixty thousand pounds: this was proved before the Committee, by Merchants of worth, and appears by the Merchant's prices of the sales of their Wines, certified by order of the Committee. Secondly, By the penny a Quart on all French, and two pence a Quart on Spanish Wines, Whereby they have gained above one hundred and thirty thousand pounds, more than they have paid to his Majesty, as by account of the Wines imported in that time, and sold to Vintners, may appear. Thirdly, By their super-Project upon Spanish Wines, in selling Malligaes and Sherries at the price of Canary, which is 12. l. a Tun above the set price, And by this particular, they have gained thirty thousand pounds since February, 1637. when they first took the benefit of their Project. Their pretences of Undergage, Lees, Lecage, long keeping, decay on their hands, and bad debts, are sleight Masks for their falsehood. Touching Vndergage. It was proved before the Committee, by the testimony of worthy Merchants, Captain Langham, Captain Rowden, and others, That all Gascoigne Wines are full gage, and overgage, and those smaller Wines which want of gage are cheap Wines, 3.4.5. nay, 6. l. a Tun under the set price; and no vessel of French Wines wants the value of 20. shillings a Tun in gage. And for Lees, Lecage, and long keeping, they have little relation to the penny a quart, for the charge and inconvenience to the Vintners was the same upon 6. pence a quart, as it is upon 7. pence at most, within the seventh part of 40. shillings a Tun. For the decay of Wines on their hands: Their Wines were as subject to that before. But it's especially provided by the Contract; that they are not to pay, neither did ever Vintner pay for any decayed Wines. Bad debts is as absurd a pretence as the rest, for the penny and two pence a quart occasions no bad debts. How deceitful then are the allegations and pretences of the Vintners? when no word of truth is found in any one of them. And what can be said in their defence. That have still kept this Project on foot to this day, in all parts of their own private gain, and the Subjects greevance, and that in contempt of the Votes of the Honourable House of Commons. For although they excuse it by the dearth of French Wines this last Vintage, yet all men know, that Spanish Wines have not been so cheap for many years, And the Vintners (notwithstanding the Vote) have continued the two pence a quart on those Wines being 8. pound a Tun to this day, and paid the King nothing. And it is a known truth that they gain 6. pence in every 14. pence for a quart of Malliga and Sherry, and 5. pence in every quart of Canary. And they have this year drawn three quarts of Spanish for one of French Wine. And it appears by the several Entries in the Customhouse at London, only, That from Michaelmas 1639. to Michaelmas 164●. being but two years, there was imported of Spanish Wines, 19901. Tuns. The Lecage whereof being taken out at 15. per cent. there remains in neat Wine, full 16915. Tuns. Which at 4. pound a Tun, comes to 67660. pound. And thus for Spanish Wines only two years at 4. pound a Tun, and the Vintners, for almost 4. years have taken from the Subjects for those Wines, 8. pound, and 12. pound a Tun above the price. Now whether the Vintners that were parties to the Indentures, Sharers, and Contrivers of the said Imposition of 40. shillings a Tun, and a penny and two pence a quart, and that have so long taken the benefit of it, much exceeding the sum of two hundred thousand pounds shall make restitution, or satisfaction to the Common wealth, according to the said Votes of the Honourable House of Commons, of the 21. of july last, and in what proportion, is solely in the wisdom of the High Court of Parliament to determine. FINIS.