A REPLY TO A MOST untrue Relation made and set forth in Print, By Certaine VINTNERS, in excuse of their Wine Project. ― ― Printed in the Yeare, 1641. A Reply to a most un&rehy;true Relation made, and set forth in Print, by certaine Vintners, in excuse of their Wine Proiect. ―

To contend with men that deny their owne pub&rehy;like Acts, is a hard taske; yet for better mani&rehy;festation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the WineProiect.

&Iic;T hath been already set forth, and plainely shewed, even by the or&rehy;ders of Vintners Hall. That the retailing Vintners of London con&rehy;trived that Project at their com&rehy;mon Hall in November, 1637.

That they prosecuted it, and petitioned for it; And as it appears by the Project it selfe, that none but the Vintners could have contrived it. So the truth is, the covetousnesse of the Vintners, with their desire to Monopolize the sole retai&rehy;ling of Wines, and their pride and malice to the Coopers put them upon it.

Their covetousnesse; For they propounded, and would have no lesse then 4.l. a Tunne on all French, and 8.l. on Spanish Wines, to pay the King 40.s. restitution of 6000.l. liberty to dresse meat, sell Sugar, Beere, and Tobacco: restraint of Wines Licenses in or neere the Citie, inlarge&rehy;ment of their Charter, and other great benefits: and all this forbare 40.s. a Tun to the King.

Their pride and malice to the Coopers. They would not have a Cooper to live, but as their servant, the poore Coopers must not sell a rund&rehy;let of Wine, they must be suppressed, to advance their Lords & Masters, the London Vintners, that so they might Monopolize to themselves the re&rehy;taile of Wines both in Citie and Country. That was the Vintners end by this Project, for by it they tied up the Marchant from selling to Coo&rehy;pers or Countrey Vintners.

And albeit the truth of these particulars ap&rehy;peares clearely by the Project it selfe, and the Vintners orders: yet the Vintners are not asha&rehy;med to affirme, and that in Print too, in the front of their untrue relation,

First, that the generalitie of Retailers disliked this Project.

Secondly, that whatsoever they did in it, was by compulsion.

Thirdly, that they received great and insupporta&rehy;ble losse by it.

What truth is in these men? Doth it not plain&rehy;ly appeare by their owne Order of the 22. of November, 1637. That the generality of Retai&rehy;lers 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 beleeved that they disliked it?

And what can be more manifest, then that it was the designe and worke of the generality. For the whole Comittee could not, much lesse could Alderman Abel, or any particular man, conclude any thing in it without the consent and direction of the generalitie, as appears fully by the Or&rehy;ders of the sixt, the 22. and the 27. of November, 1637.

The Comittee was from time to time to give account of their proceedings to the Gene&rehy;ralitie, and were so limited by the orders of the generality.

Doth it not appeare by their foresaid Order of the 27. of November, that they petitioned for it.

Did they not ratifie and confirme it at a generall Court, as by their Order of the seventh of February 1637. and by eight subsequent Orders made at their common Hall?

How vaine then is their pretence of threats, or compulsion.

As to the third, That they received great, and almost insupportable losse by it.

Doe not all men know that from February 1637. to December 1640. the Vintners have ta&rehy;ken on all French Wines 4.l. a Tun, and from February 1637. to this day, being above three yeares and an halfe, on Spanish Wines 8. pound and 12. pound a Tunne, above the set price, and not paid the 40. shillings to the King, one full yeare and halfe.

All these excessive gaines they have exacted by colour of this their Project.

Ought they not then to bee ashamed to set forth in Print, that they have received great, and insupportable losse by it?

But what falshood will not these Vint&rehy;ners affirme for truth, and what truth will they not deny and outface, who say, they have great losse by this Project, when their gaine is so notorious, and deny their owne Orders which they made at their common Hall?

Their Orders which they would now denie, have been severall times proved at the Comit&rehy;tee, and out of those their owne Orders (against which no modest or honest men would contend) they have upon tenne severall hearings, beene foure times voted by the Comittee, to bee the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so vo&rehy;ted by the whole house Commons in these words.

Die Mercurij 21. Iulij 1641.

Resolved upon the Question.

&Tic;Hat the Company of Vintners by their owne offer of 40. shillings per Tunne up&rehy;on Wines to his Majestie, and demands of liber&rehy;tie to raise a penny per Quart upon French, and two pence a Quart upon Spanish Wines, and pro&rehy;secuting the businesse, as appeareth by their own Orders, are Contrivers of the said unlawfull Impositions, and are Delinquents.

Resolved upon the Question.

&Tic;Hat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings per Tunne, and one penny per Quart are Delinquents, and ought to give satisfaction to the Common-wealth.

In these Votes there can bee no error: For it appeares clearly by the Vintners Booke of Or&rehy;ders of their Hall, That they offerd the 40. shil&rehy;lings a Tunne, and demanded libertie to raise a penny, and two pence a quart, and prosecuted the businesse; An infallible proofe against them, in which there can be no corruption, and against which no exception can be taken; their owne Booke condemnes them.

And the Vintners and seven Counsellors for them were heard by the Comittee, above tenne severall daies with much patience; and upon the testimony of their owne booke of Orders they were on the 17. of Iune, 1641. Voted by the Comittee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was foure times confirmed by the Comittee.

These Uotes standing good against the Uint&rehy;ners, as they are most iust, Master Kilvert is much comforted in a strong Faith, That he shall shew just cause to the Honourable House of Co&rehy;mons to alter their Uotes against him.

First, in regard that since that Uote against him, he hath made a materiall part of the truth to appeare, which then he could not so cleerely manifest.

Secondly, for that he is ready now to make the whole truth of the business, fully and clear&rehy;ly to appeare, both touching the creation and ex&rehy;ecution thereof. And in truth, it is another thing then it appeared to the Comittee to be, when he was Uoted.

The part of the truth, which he hath alrea&rehy;dy made to appeare, 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 privie to, the framing or contriving of the said Project; nor came, or sate amongst the Vintners in their Assembles at their Hall, or elsewhere, untill they had contrived, and concluded upon the said Pro&rehy;ject, and that the chiefe Vintners present at those meetings, have often acknowledged asmuch.

Secondly, That a principall witnesse exami&rehy;ned against him, when he was voted by the Co&rehy;mittee, hath since his examination acknowledg&rehy;ed (as the truth is) that hee was mistaken in the maine point of his testimony.

Thirdly, that all those that testified against him, when he was Voted by the Comittee are parties to the Project, and Delinquents; viz.

Parties to the Originall contriving the Project. Parties to the indentures of creation, of the Project: And

Parties that tooke benefit by the Project.

So that they all spoke in excuse of them&rehy;selves.

These particulars he could not so fully prove before the Vote, being much streightned in time by Master Hearne, of Counsell for Alderman Abell, who spent almost two daies in recrimina&rehy;tion of Master Kilvert, against truth, and the di&rehy;rection of his clyent, and left not Kilvert two houres for his defence.

And fithence these particulars are so materi&rehy;all, and necessary to master Kilverts just defence, he cannot doubt of the goodnesse 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 appeares fully by a Letter written, and sent to Alderman Abel and master Rowland Wilson, by George Grif&rehy;fith, and confessed by Griffith before the Com&rehy;ittee, that the said Griffith projected and design&rehy;ed the manner of Execution of this Project, and he accordingly put it in Execution, and had 200. pound a yeare Fee for the same.

The Letter and Instruction follow in these very words.

Worshipfull,

LAtely meeting with some Judiciall men who were conferring about your present Contract, some said it would be a profitable businesse, if well managed; and confessed that none so fit to manage it as our Company: J was bold to reply, that J was as&rehy;sured it would be well managed, and that we had as able men, both wett and dry Vint&rehy;ners in our Company, to contrive and doe it as any otherwhere could bee selected: and therefore to make good my word, and that the event should proove it, J being a mem&rehy;ber of our Company, and one of the Assi&rehy;stance, J hold it my dutie to note any thing that will any way advance the said Com&rehy;panies honour and profit: and therefore I present the above written unto your Worhips, which I acknowledge to be meane to your abi&rehy;lities and grave experience; Yet if you please but to peruse it, and to make use of any thing therein fit for your better remem&rehy;brance, I shall take it as a favour: and so to God Almighty recommending you and all your Worhips good endeavours. I shall ever rest

13. Feb. 1637. Your assured faithfull brother and Servant, George Griffith.To his respected good friends the Worshipfull, William Abell Alderman, Rovvland Wilson Esquire, and to all the rest of the Vintners selected to be Con&rehy;tractors with his Majesty, these present.
To the Worshipfull Alderman Abell, and the rest of the Contractors. ―

Advice for the better advance of the Worshipfull Company of Vintners Contract, now with his gracious Majestie, and Licenses with the Right Honourable, George, Lord Goring.

&Tic;He Contractors to have a speciall 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 concerne the libertie, fredome, and good of the Retailing Vintner, as is best knowne to your Worships.

2. That in the Grant a provizo bee made, That his Majestie and his Heires shall put no further Custome, Impost, or charge on Wines, then is at the making of the Grant.

3. That defalcation be made in case of war with France or Spaine.

4. That defalcation bee made in case of plague, or great mortalitie.

5. That defalcation bee made in case any Marchant or Retailer should refuse to pay the 40. shillings per Tunne, and that the Contractors using all possible meanes, and cannot by Law or power compell paiment, in such case fit his Ma&rehy;jestie make defalcation.

6. That his Majestie grant an ample Com&rehy;mission to some eminent Nobleman, and to the Contractors and their Deputies, to take and leavie the 40. shillings per Tunne, and for the future, that the Marchant register their sales in thirtie dayes, or in default that hee pay the 40. shillings per Tunne, for such Wines as by the Custom-house, or otherwise, it shall appeare he hath received.

7. That before the day of the commence&rehy;ment of the Contract, that a generall search be made in all Sellars of Wines, and register be taken of them, that the Contractors may receive the 40. shillings per Tunne.

8. That his Majesties rent be made payable once, or at most, but twice in one yeare.

9. That the Contract bee made for at least 14. yeares, and if that will not be granted, then to be well advised, whether you will take the Lord Gorings Licences from him or his Majestie, if you can procure 14. yeares from his Majestie, then all to be taken from his said Majestie; o&rehy;therwise, 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 Maje&rehy;stie you have but a short time, and the Contract by your Industry made profitable, others may Farme it heereafter from you, which if you have the Licenses, they will not be so ready, or so a&rehy;ble to doe, and so by that meanes you may be as&rehy;sured to have it for 14. yeares.

10. That whereas Sir Iohn Rainenam K. hath the Licenses for Cornwall and Devon. it is very fit for you likewise to take it in, which may bee easily done, and hope on reasonable tearmes, and to move him to grant it, you may advise, that all Marchants that importeth Wines into those parts, must pay 40. shillings per Tunne, and that you will not grant the Retailers in those parts, to sell for a penny a Quart above the rates, ex&rehy;cept they will come in to you.

11. That you have his Majesties Proclamation, signifying his gracious pleasure for pai&rehy;ment of the 40. shillings per Tun, &c. as Coun&rehy;sell shall advise.

When your Contract is finished, then these fol&rehy;lowing Officers to be had, and a convenient house for meetings. &Aic; Receiver generall, to account on oath for all he receiveth, and payeth out, and he to give good securitie for what value he shall be intrusted with. A Secretarie. An able Accomptant. A Beadle. A messenger to attend the Commissi&rehy;oners. Such other Officers (as one at the Cus&rehy;tom-house to take the entries of all Wines) as you shall hereafter finde necessary, for the a&rehy;gitating of the businesse in person abroad in the Countrey.

Now, as by the Orders of Vintners Hall it appeares, and is so Voted, that this Project was contrived by the Company of Vintners: So it also appeares by this Letter of Griffith, (who was one of the principall Contrivers) That it was designed for the advancement of the Company, and the benefit of the generality: and that Griffith was the principall Projector and contri&rehy;ver in the execution.

On the seventh of February, 1637. at a general Court at Vintners Hall, the Project was confir&rehy;med by the Generality, and the Contractors named; and six daies after, viz. the 13. of Fe&rehy;bruary, Griffith writes to the two principall pil&rehy;lars of the Company, and directs the forme and manner of execution, for the best advancement of the Company.

So that now this whole businesse being found to be the worke of the Company, both in the creation and execution, Master Kilvert, is most confident of the justice of the Honorable House of Commons, That they will not punish him for the Vintners offence, there being no Petiti&rehy;on, or complaint against him, other then the re&rehy;crimination of the Counsell of Aldermann Abell, 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 hee most humbly prayes, they will vouchsafe to doe in their wonted goodnesse, the rather, sithence by his endeavour and sole charge a great summe of money will bee justly raised from the severall Vintners, that have unjustly taken it from the Subject, by colour of this their Project.

For the gaine that the Vintners have made by this Project, It hath beene already shewen and proved before the Comittee, to amount to above two hundred thousand pounds.

This their gaine hath risen three several waies.

First, by beating downe the Marchants pri&rehy;ces, by which alone they have gained, in these three last yeares, above sixtie thousand pounds: this was proved before the Comittee, by Mar&rehy;chants of worth, and appeares by the Marchants prices of the sales of their Wines, certified by order of the Comittee.

Secondly, By the penny a Quart on al French, and two pence a Quart on Spanish Wines, Wher&rehy;by they have gained above one hundred and thirtie thousand pounds, more then they have paid to his Majestie, as by account of the Wines imported in that time, and sold to Vintners, may appeare.

Thirdly, By their super-Project upon Spanish Wines, in selling Malligaes and Sherries at the price of Canarie, which is 12.l. a Tunne above the set price, And by this particular, they have gained thirty thousand pounds since February, 1637. when they first tooke the benefit of their Project.

Their pretenses of Undergage, Lees, Le&rehy;cage, long keeping, decay on their hands, and bad debts, are sleight Maskes for their false&rehy;hood.

Touching Vnder-gage.

It was proved before the Comittee, by the te&rehy;stimony of worthy Marchants, Captaine Langham, Captaine 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 vessell 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 Tunne.

For the decay of Wines on their hands: Their Wines were as subject to that before.

But its especially provided by the Contract; that they are not to pay, neither did ever Vintner pay for any decaied Wines.

Bad debts is as absurd a pretence as the rest, for the penny and two pence a quart occasions no bad debts.

How deceitfull then are the allegations and pretenses of the Vintners? when no word of truth is found in any one of them.

And what can bee said in their defence. That have still kept this Project on foot to this day, in all parts of their owne private gaine, and the Subjects greevance, and that in con&rehy;tempt 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 beene so cheape for many yeares, And the Vintners (notwithstanding the Vote) have continued the two pence a quart on those Wines being 8. pound a Tunne to this day, and paid the King nothing. And it is a knowne truth that they gaine 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 yeare drawne three quarts of Spanish for one of French Wine.

And it appeares by the seve&rehy;rall Entries in the Custome-house at London, onely, That from Michaelmas 1639. to Michaelmas 1641. being but two yeares, there was imported of Spanish Wines,

19901. Tuns.

The Lecage whereof being taken out at 15. per cent. there remaines in neate Wine, full

16915. Tuns.

Which at 4. pound a Tun, comes to 67660. pound.

And thus for Spanish Wines onely two yeares at 4. pound a Tunne, and the Vintners, for al&rehy;most 4. yeares have taken from the Subjects for those Wines, 8. pound, and 12. pound a Tunne above the price.

Now whether the Vintners that were parties to the Indentures, Sharers, and Contrivers of the said Imposition of 40. shillings a Tunne, and a penny and two pence a quart, and that have so long ta&rehy;ken the benefit of it, much exceeding the summe 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 Iuly last, and in what proportion, is solely in the wisdome of the High Court of Parlia&rehy;ment to determine.

FINIS.