THE CASE OF Those Persons who have Licenses, or Letters Patents under the Great Seal of ENGLAND, for the Keeping of Taverns, and Selling of Wines by Retail. THAT the said Letters Patents were without hearing of the Patentees, or any notice had thereof, disallowed and made voided, by a late Act of the last Parliament, entitled, An Act for the better Ordering the selling of Wines by Retail, &c. and which was confirmed in the gross with divers other Acts by this Parliament. 2. That the said Letters Patents were granted by King CHARLES the First( of glorious and blessed Memory, and his Royal Progenitors) unto the Patentees during their lives, in consideration of valuable sums of Money, viz. 100 l. 200 l. and other sums which were severally paid as Fines by the Patentees, and certain yearly Rents, reserved to be paid unto the Crown, and Bonds given to the Crown for payment of the said Rents, and the Patentees are still liable to be sued upon the said Bonds for the growing Rents, and to have their Estates and Goods extended and seized. 3. That in the Act 21 Jacobi cap. 3. which puts down Monopolies, the Wine Licenses are excepted, and the Grants or Letters Patents of the same before and afterwards to be made, established. Provided also and be it Enacted, That this Act, or any Declaration, Provision, Penalty, Forfeiture, or other thing before mentioned, shall not extend or be prejudicial to any Grant, Letters Patents, or Commission heretofore granted, or hereafter to be granted, of, for, or concerning the licencing of the keeping of any Tavern or Taverns, or selling, uttering, or retailing of Wines to be drunk or spent in the Mansion house or houses, or other place in the tenor or occupation of the party or parties so selling or uttering the same, or for or concerning the making of any Compositions for such Licenses; so as the benefit of such Compositions be reserved and applied to and for the use of his Majesty, his Heirs or Successors, and not to the private use of any other person or persons. 4. The said Grants or Letters Patents have been made and confirmed above six score years. 5. There was no other way or means of taking Wine-Licenses when the Patentees took theirs, and if they had not taken such Licenses they had incurred great penalties by the Law: And the customs arising to the Crown by Wines had been much less, if the vent thereof had been stopped for want of Licenses. 6. All the late Usurped Powers, when many other Letters Patents, bearing date after the twelfth year of the Reign of his late Majesty, were by great injustice disallowed, did allow the said Grants or Letters Patents. 7. Most of the Patentees have been great sufferers for their Loyalty and services to his Majesty that now is, and his Royal Father( of ever blessed Memory) and some of them have compounded at Haberdashers-Hall for the said Grants or Letters Patents, and afterwards were decimated, and the whole livelihood of divers of them and their Families dependeth upon the benefit of the said Grants. 8. Some of the said Letters Patents were granted to persons in Trust, for and towards the maintenance of Hospitals, and for other pious and charitable uses. 9. Some of the said Grants or Letters Patents have been given and received as Marriage Portions, in consideration whereof jointures have been settled, and others having been leased with houses by the Grantees( being owners thereof) for a certain term of years yet to come; the said Grantees are necessitated to give more Rent for new Licenses( if they take any) then they receive for their houses and old Licences together: Which new Licences, if they refuse to take, they are liable to be sued by their Lessees. 10. Although the said Letters Patents be allowed, the profits arising by the rest of the Wine-Licenses, will exceed that Revenue, which the last Parliament did set upon all the Wine-Licenses when they ranted the same, and settled them upon his Majesty as part of his Majesties Revenue. 11. The said Grants or Letters Patents are to continue only during the lives of the Grantees, most of whom are ancient persons, there having been no Grants made since the year 1643. 12. It is already Provided in the aforesaid Act for the better Ordering the Selling of Wines, &c. That the Mayor and Burgesses of St. Albans shall enjoy the benefit of three Wine-Licenses granted unto them by Letters Patents for and towards the maintaining of a Free-school; which said Letters Patents having been granted( as they were) out of mere grace and favour, the Patentees hope, that they in regard of the valuable considerations which they paid, and of their great sufferings for their Loyalty, and the whole livelihood of them and their Wives and Children depending upon the benefit of their said Letters Patents, and the other reasons aforesaid, shall obtain the same justice or favour. 13. The Patentees do humbly conceive, that the said Letters Patents which were granted for and towards the maintaining of Hospitals and for other pious and charitable uses, ought according to reason and equity to be allowed, as well as the aforesaid Letters Patents which were granted towards the maintaining of the Free-school at St. Albans. 14. That the Honourable House of Commons in their former Session was pleased to refer the Petition of the Patentees( then presented) unto a Committee, who made report that the Petitioners had just cause of grievance, and ought to be relieved. 15. That thereupon the said Honourable House in regard they could not then by the Orders and Rules thereof, repeal any part of an Act made in the same Session, for a present Expedient thought fit to recommend the Petition and Case of the Petitioners unto his Majesty, as worthy of his Princely consideration and relief; And three of the Members of that Honourable House by Order thereof did attend his Majesty with the same; and his Majesty was graciously pleased to answer them that he would take the Petitioners Case into his special consideration. 16. That his Majesty intending the Patentees should enjoy the benefit of their Letters Patents, and some of the present Agents, Commissioners and Farmers of the Wine-Licenses then presenting a Petition unto his Majesty, wherein they offered to allow all the said Letters Patents, his Majesty was pleased to refer the said Petition unto his Royal Highness the Duke of York, toward whose support and maintenance his Majesty had been plased to assign all the Rents and Revenues arising out of, or by reason of the said Wine-Licenses. 17. Thereupon certain Articles of Agreement were concluded and executed between his Royal Higness, and the present Agents, Commissioners and Farmers: whereby it is amongst other things agreed and concluded, That none of the Patentees should be questioned, sued, molested, or troubled by them the said Agents, Commissioners and Farmers, their or any of their Deputies, Agents, or assigns, for, or by reason of their retailing of Wines in pursuance of their respective Letters Patents: And further, by the said Articles, it is agreed, That his Majesties Royal Proclamation should be procured, commanding all persons but the Patentees, to compound and perfect their Agreements for Licenses by a certain time, with the said Commissioners. 18. That in pursuance of the said Agreement made between his Royal Highness, and the present Agents, Commissioners and Farmers, the Commission granted to the former Agents was called in, and a Commission was granted by his Majesty in or about the month of June last, unto the present Agents, Commissioners and Farmers, who thereupon entred upon the management of the said Wine-Licenses, and his Majesties Royal Proclamation issued out soon after, according to the tenor of the said Articles. 19. That his Majesty having granted all Arrears of Rents growing due since the Act of Indemnity, upon the said Letters Patents, unto two of the present Agents, Commissioners and Farmers; several of the Patentees have paid their Arrears of Rents unto them accordingly: And the said Agents, Commissioners and Farmers, declared and promised unto some of the Patentees, that the said Letters Patents should be allowed and made good, and directed them to give notice to as many other persons concerned as they could, That all their respective Letters Patents should be allowed and made good. 20. Nevertheless the present Agents, Commissioners and Farmers do refuse to allow the said Letters Patents, pretending they are disannulled and made voided by a late Act of Parliament; and have troubled and sued several of the Patentees for retailing of Wines in pursuance of their said Letters Patents, and have by their Under-Agents and Messengers compelled several of the Patentees to give Bonds of great penalty, to appear before them the said Agents, Commissioners and Farmers, at their Office on a certain day and not to depart thence without their licence; And have threatened, contrary to the Laws of the Realm, to seize upon the persons of several of the Patentees, unless they would enter into such Bonds, and pay unto them very unreasonable and unlawful sums of money demanded of them, which for quietness sake they have paid more or less.