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A56364 The vintners answer to some scandalous phamphlets [sic] published as is supposed by Richard Kilvert and abetted in some points by his brother Roger and Alderman Abel wherein the vintners vindicate their owne reputations to the world for satisfaction of all such as know not the said Kilvert wretched and lewed conversation : or have credited his foule impudent defamations suggested against them. Parker, Henry, 1604-1652. 1642 (1642) Wing P431; ESTC R19178 25,130 35

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Aldermans commands and though they were spectators or assistants yet they did but execute the Aldermans and Kilverts Instructions and were as meerly instrumentall to them as they seemed to be to the King for Example Kilvert rode to Bristow 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 boldnesse to treat with all men and that in very imperious terms and when all his intimations from the King would not prevail to make Bristow men c. submit he at last threatned them with the Star-chamber and detected them of false Measures and so as a meer 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 meerly to confesse a Partnership and an equall interest in the Adventure without which the Alderman would not restore them their sums adventured do signifie nothing but the Aldermans 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 Farmors which did consent to the buying in of the Wine-licenses on 15 Nov. 1639. were drawn in and cozned by the Alderman for he had bought them before and found losse in them and now by his uncontrolable 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 joyn 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 rendring up of the ●arm was framed chiefly for the Aldermans 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 cleer that the ten Farmors and their under Farmors were not so in truth but meerly Nominall 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 Farmors 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 meer 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 uncontrolable 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 Farmors so more yet may be maintained in the behalf of the 27 sub-Farmors for the 10 Farmors did some things without the knowledge of the 27 and have since exhibited a Bill against the 27 to make them liable to some moneyes disbursed by them but they are over-ruled and left remedilesse in the case and the 10 were first drawn in and workt upon by the Aldermans 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 unlawfull covenants thereof The Vintners 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 Starre-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 lesse from either to the French and Spanish Merchants That it was the onely 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 shew from the Vintners before they had engaged onely their tongues now they would engage their hands and Seals and leave them no retreit before they had made them stoop to the Kings ends now they should seem to intend onely 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 onely losers but culpable also and the Projectors having first taken the Vintners bread to put it into their own mouthes 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 cryed down as unjust and prayed against and were not till the 21 of Mar setled and that by the interposition of the Lord Treasurer Marquesse Hamilton and the Atturney Generall That notwithstanding the unapproved settlement no draught of the Quad Indentures were shewed 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 Iune 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 Atturneys chamber for that purpose and
might sell at losse For example Tho. Dudly justifies That from 1637. till 1640. he has sold in grosse to Countrey 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 yeerly Accounts will be sufficient evidence And many more like examples may be alleadged And here let it now not be omitted That Kilvert has divers other generall wayes of blinding and puzzling such as are not knowing in the Vintners mysteries for first he charges all Wines imported at the Custome-house by Merchants as bought by Vintners although he cannot be ignorant that Coopers Merchants for other Countreyes Aqua vitae men Gentlemen and others do vent and buy at least a moity of Wines imported the Vintners scarce compassing the other moity 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 vessell 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 cheapnesse 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 retayling price of French Wines were set at 8d per quart when the Merchants 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 yeers last past has impoverisht and impayr'd them more than formerly and since they have so satisfied the Honourable Committee therein that Master Green has confest it to be the opinion of the whole Committee they desire that it may be duly weighed for the Vintners have not onely suffred much by this Project but they knew long before that it could bring nothing but losse and hazard upon them and that was one cause why they opposed it so long for if it had been meerly illegall and not very detrimentall also it cannot be imagined that they should with so much stoutnesse and constancy and hard endurance have stood out aginst the violence of it so many yeers 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 severall delinquencies if they have been gayners by the Proiect let them make restitution according to their severall 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 grosse Let it also be considered That it is impossible in nature for any humane 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 confest that they may be punisht though they are no gainers and if they are gainers restitution may be demanded though they prove no delinquents but let not both those tearms 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 iust cause of absence when any illegall thing was proposed and a great part being present were concluded by the maiority of other men votes and a great part of Voters did most unwillingly vote for fear of ruine and yet all these are not equally culpable nor yet now possibly severable So also if the Proiect be held gainfull yet it could not be gainfull to all alike for all Vintners do not trade in the same quantities nor do all trading in the same quantities finde 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 equall respect had aswell to Geometricall as to Arithmeticall 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 businesse It is not so difficult to bring a horse to any obedience and to the endurance of any load after he is once thorowly 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 lesse after he might make them beg for it and seem desirous of it nay in shew contend for it yet still this shews them the more servile and oppressed and him the more tyrannous and uniust This might suffice for the three branches of Kilverts Charge but it is evident That he is not an Accuser onely but a Calumniator also He speaks of divers arts whereby the Vintners sophisticate and adulterate Wines he mentions Saw-dust of Deal Bilberries and the like as used by the Vintners to corrupt and falsifie Wines or to put off Wines corrupted and falsified if this be true he ought in iustice to the Common-wealth he ought out of iustice to Justice it self whose eyes he now seeks to blinde 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 confesse himself to be himself that is a professed perverter of Justice and enemy of Truth Whilst the High-Commission tyrannized there was no fitter Blood-hound 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 reiected as a person infamous and scandalous to Ecclesiasticall Jurisdiction His next Scene that he entred upō was the Star-chamber and for a good season he playd 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 Oathes he left it at last uncertain Whether that Court contributed more to his preferment or he that Courts ruine 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 parcell of truth which materially tends to his own iustification or to the Vintners confutation Since the depending of this Case some witnesses have been produced by Kilvert or his brother Roger or both to depose against Mr. Gardiner 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 Vintners 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 iust 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 alleadges Of Roger Kilvert nothing need to be said but that betwixt him and his brother Richard there is a true resemblance and lively naturall stamp of Brother-hood 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 Sathans two great attributes are that he is a Lyer that he is a Murtherer 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 falshood in both ever tends to destruction The Vintners have found both these Sathanicall attributes very eminent of late in their adversaries The same men which first assayled them to draw them into the Project are now their greatest prosecutors for the Proiect and there was not more deceit in representing the Proiect legall then then now in making it so odious and it is hard to say Whether greater ruine was contrived to them when they were to submit to it or now when they are to be punisht for it FINIS