William Abel and Robert Shaw have lately presented their humble Petition to the Honourable Committee of Parliament for Prisons and Prisoners against the said Contractors c. and others in that Petition named which Petition their Honours have bin pleased to recommend by their Letter to the honourable Committee of Judges sitting at Salters Hall and thereupon the said Abel and Shaw have applyed themselves by their Petition for relief to their Honours both which Petitions are here annexed together with a Petition lately presented to the Parliament by some of the said Contractors c. under the names of the Master and Wardens and Company of vintners of the City of London in which Petition they acknowledg the payment of the said 18000 l. for the said purchase of the wine Licences which they say in their Petition they were forced to take up at interest and for a great part thereof some of their members have been imprisoned these 9 yeers past there are like without redress in the premises still to continue to their utter ruine which said petition upon the Parliament referring the examination of the Agency for Wine Licenses to the Committee for inspection into treasuries by their Order of the first of August 1653 The said Master and Wardens c. Contractors and Co-adventurers together have severall times appeared before the said Committee and now lately viz on Tuesday the sixth of December 1653 with Council owning the contents of their Petition and craving releife thereupon as will appear by two several Orders of the said Committee hereto annexed In which petition they acknowledge the Purchase the consideration of the Purchase viz 18000 l. The taking up of the monies at interest and the imprisonment of their members for the same and that even to their utter ruine and there never being any other member either of the Company of vintners as of the Company or of the contractors Co-adventurers and Subadventurers as of them likewise that is or ever was in prison for any of the said 18000 l. other then the said Master Abel and Master Shaw and one master Moore lately imprisoned also for the said moneyes The said Abel and Shaw do humbly conceive that upon comparing the Companies said Petition presented to the Committee for inspection c. and the said Committees two Orders together with three several Orders of the Farmers here following and their note likewise of subscription under their hands hereto annexed That these men will most justly be liable to pay the debts either as the Company or as Contractors c. The Vintners Petition the Committees Orders and the Orders of the Farmers here followeth To the Supream Authority the Parliament of the Common-wealth of England The humble Petition of the Master Wardens and Company of Vintners of the City of London Shewing THat the granting of Wine Licenses in England and Wales were excepted out of the Statutes against Monopolies in the 21th yeer of the late King James That the late King Charles the 20th day of December in the seventh yeer of hise Rign by his Indenture under the Great Seal of England did constitute George Lord Goring and others in trust for him Agent or Agents for the Wine Licenses in England Wales and Berwick Devon and Cornwall and Exeter excepted for 21 yeers from the 20th of December 1630. That in the yeer 1638 the said late King for valuable consideration granted to Sir Sackvile Crow Baronet 1600 li per annum to be issuing out of the Rents and summes of money to grow payable to him his heirs and successours for or in respect of granting Licenses for selling of Wines amounting then unto 2166 l. 13 s. 4 d. per annum out of which 1600 l. per annum your Petitioners purchased 400 l. per annum which cost them 2400 l. and then there remained to the Crown no more then 566 l. 13 s. 4 d. per annum That your Petitioners being beforehand advised by learned Council of the legality of the said Lord Gorings and his Trustees interest did in the yeere 1639 by special command of the late King Charles in consideration of 18000 l. paid to the Lord Goring and of the said 2166 l. 13 s. 4 d. reserved to the Crown purchase the said Agency from him and his said Trustees That one William Dickens some times Servant to the Lord Goring did mannage the said Agency for the Lord Goring and aftewards for your Petitioners and the said Copartners so long as he liv'd after him Franciss Dickens Gent his sonne did the like for your Petitioner and respectively Accounted before Auditor Spackman in their Names and to their uses That your Petitioner enjoyed the said Agency and four hundred Pounds per annum untill they were interupted by Francis Dickens under pretence of a fraudelent Deed who went to Oxford in the year 1643 By reason whereof the then Committee of the Publick revenues sequestred the said agency and all rents and Profits c and put in other Agents of their owne nomination who keepe their Office in Fleet street and have enjoyed the profits thereof ever since And under pretence of Francis Dickins Delinquency Your Petitiones have ever since been kept out of the said Agency Notwithstanding they have used all the means they could to be restored thereunto That when the present Agents entred upon the said Agency there was due to your Petitioners for Arrears and Fines 14000 l. or thereabouts and in annual Rents for Licenses about 3000 l. per annum besides the profit and benefit of making and renewing of Licenses And all arrears and profits except 566 l. 13 s. 4 d. per annum due to the late King all which was of right to have come into your Petitioners hands they having really disbursed for the same 20400 l. which your Petitioners were forced to take up at interest And for a great part thereof some of their members have been imprisoned these nine yeers past and there are like without redresse in the premises still to continue to their utter ruine Your Petitioners therefore humbly pray your Honours will be pleased to commiserate their distressed estate and speedily to take strict examination how and in what manner the present Agents have demeaned and do demean themselves in the said Agency and when and to whom and how much money they have answered to the Common-wealth and in what condition the Agency now stands whereby your Petitioners doubt not but the Interest of the Common-wealth will be much advanced and your Petitioners also receive some competent satisfaction for the great summes of money so as afore by them disbursed The rather for that besides the summes before mentioned They have lent to the use of the Common-wealth at least 12000 l. for which they pay Interest to this day And your Petitioners shall ever pray c. George Griffith Master Henry Croone Edw. Fauconer Richard Maijor Wardens Joseph Rogers Thomas Benson At the Committee of Parliament for Inspecting the
conferre on them and to be annexed to their Charter 8 That all Retailors of Wines within London and three miles thereof may be reduced to be Freemen of the Company of Vintners for the better government of their trade in general 9 That your Majestie will be graciously pleased to grant to the said free Vintners licence to sell at 1 d. a quart over and above the prices yeerly set by the Lords of the Council whereby they may be enabled to pay to your Majesty 2 l. upon the Tun. 10 That high Country Wines in regard of their extraordinary prices and small Cask may be sold at 1 d. a quart above the rate allowed for ordinary French Wines 11 That if his Majesty hereafter shall be graciously pleased to let to farm the said 2 l. per Tun Then that the Company of Vintners may be admitted to farm the same before any other Whereby and by the said Order of the 22 of November it appears that the demand of liberty to raise 1 d. 2 d. a quart and the offer 40 s. a tun proceeded originally from the generality of the Vintners and as it was their voluntary offer and project so every Article of their desires is for the benefit of each drawing Vintner the Clark of the Company put the said Articles into writing in the Common Hall as the several drawing Vintners directed and dictated to him The next meeting at Vintners Hall was on the 27 of November 1637. The Order thus These the Assistants this day 27 Die Novemb. 1637 Reg. Car. 13. William Abel Alderman Master Master More Master Courtman Wardens Master Wilson Master Bowyer Master Shaw Master Bludworth Master Bonamy Master King Master Robert Lee Master Griffith Master Hulbert Master Baily Master Gardiner At this Court upon relation made by our Master of the passage of the businesse referred to him and other Committees touching the payment of 40 s. on a tun to his Majestie for Wines retailed and upon reading of the Petition prepared to be delivered to his Majesty with the several reasons thereto annexed It is ordered that the master together with the former Committees appointed by the court shall proceed in that businesse as they shall from time to time find expedient acquainting this court with their proceedings By these orders it is manifest that this project was the worke of the generall company of drawing vintners for they chose the Committee they take account of the Committee and they order and direct the Committee to proceed acquainting them with their proceedings In all which Alderman Abel was but one of the Committee chosen and employed by his Company for their publick service and neither he nor any particular man but the drawing vintners had or could have any private interest or end For Alderman Abel had given over his trade long before The next Order was the seventh of February in these words viz. Septimo die Februarii 1637 Reg. Car. 13. These were Assistants bâ—sides the geâ—…rality Master Abel Alderman Master Master Kinaston Master More master Courtman Wardens Master Wilson Master Hutchinson master Bowyer Master Davies Master Robert Shaw Master Bludworth master Bonamy Master King Master Darling master Conradus Master Griffith Master Hulbert Master Field Master Ashwell master Gardiner A general Court This day all the Retailors of Wines inhabitants within the City of London and adjacent places being warned to appear at this Court the greater number of them appeared To whom the Master related what had been further propounded in that businesse now in agitation with his Majesty and amongst other things that his Majesty was pleased to accept of forty shillings a tun for wines retailed and likewise for the farm thereof thirty thousand pound a yeer but his majesty would not contract with the whole generality but with some particular men of ability to whom his majesty may resort for the performance of that which shall be contracted for and thereupon the said master propounded to the generality First whether they did hold and confirm their former resolution to pay forty shillings a tun for all Wines to be retailed and Secondly whether they would accept of the Farm thereof at thirty thousand pounds a yeer To both which Propositions with an unanimous consent they agreed and declared their consents by holding up their hands And likewise it was also considered for furtherance of the proceeding in the said businesse that ten persons should be named who should contract with his majesty in such manner as learned Council should advise and for that purpose the generality did nominate William Abel Alderman Rowland Wilson Thomas Hutchinson William Bowyer Esquires Robert Shaw Edward Kynaston Ralph More Jacob Bonamy George Hulbert Esquire and Michael Gardiner Citizens and vintners of London with this that if any of the said ten should refuse to take upon him to be one of the said Contractors that then another should be chosen in his steed and those ten to contract with his Majesty and to stand engaged for payment of the â—arm rent at the times and in the manner to be agreed upon and it was thought necessary and agreed that the said ten should take unto them so many as should make up thirty who should under write and bring in every man a thousand pound for so much thereof as should be thought expedient from time to time to disburse and that every of them should ratably according to their summes disbursed receive profit if the businesse proved profitable and likewise to beare their proportionable shares of charges and losse if the businesse shall not happen to produce profit but losse By this order it is to be observed first that as this project had his birth at Vintners Hall being there contrived by the generality of drawing Vintners so it was still prosecuted by the generality for the greatest number of them appeared at this Court Secondly That the generality confirmed it with an unanimous consent not one contradicting it Thirdly That for furtherance of the businesse the generality nominated Alderman Abel then Master and nine more Vintners who should contract with his Majesty on the Companies behalf because his Majesty would not contract with the generality Which shewes with what cheerfulnesse and earnest desire they prosecuted the effecting of the project and this convinceth those that pretend that the Vintners were perswaded or threatned by Alderman Abel the Alderman did not nor needed to perswade them for they nominated and ingaged him And had not this and nine other Orders of their Hall clearly manifested with what earnest desires and unanimous assents they contrived and prosecuted it they would have out-faced all truth But against their own orders what can be replied And none doe testifie any words of perswasion or threats but those that are parties and delinquents in the highest degree 1 Parties to the originall contriving the Project 2 Parties to the Indenture of creation of the project and 3 Parties that took benefit by the project
so they all speak in excuse of themselves At another general Court 21 Martii 1637. and a Court of Assistance held 29 of March 1638 they all ratified and confirmed their assents formerly given to the said project not any one gainsaying it On the nineteenth of May 1638 they appointed who should seal the quadupartite Indenture which is the Deed of Creation of the Project the Order is in these words 〈◊〉 were the â—…ants â—…t that 〈◊〉 19 May 1638. Reg. Car. 14. William Abel Alderman Master master Kynaston Warden master Wilson Master Robert Shaw master Bludworth master Bonamy master Darling master Leechland master Conradus master Griffith master Hulbert master Ashwell master Gardiner At this Court the names of such as are appointed to seal to the Indenture between his majesty the French and Spanish merchants and the Corporation of the Vintners were here appointed and declared viz. William Abel Alderman Edward Kinaston Ralph More Robert Shaw Jacob Bonamy Ralph King George Gopsel Henry Barns Cordwell Hamond George Shaw George Hulbert Anthony Baily John Birch Francis Ashwell Michael Gardiner Matthew Forster John Gregory William Hancock William Kimpster Thomas Simcots Thomas Dudley George Stanley John Wilcox Mark Hillesley William Bellamy Ralph Hutchinson Joseph Rogers All these except the Alderman then master are drawing vintners wherby it appears by whom and for whose ends this project was set on foot and prosecuted 25 May 1638. The several persons here undernamed brought and paid at vintners Hall the several summes here under mentioned as Farmers and Adventurers of Sharers and the persons and summes hereunder set down are entred in the Hall Book excepting two or three of them who afterwards brought in their said sums of a 100 li. a piece to master Travers the Under-treasurer to the said Farmers and their names and summes are entred in his Book  li. William Abel Alder. 100 Ralph King 100 Thomas Dudley 100 George Stanley 100 Mark Hillesley 100 Thomas Simcots 100 William Conradus 100 William Leechland 100 Cap. Matthew Forster 100 John Gregory 100 George Hulbert 100 Jacob Bonamy 100 Thomas Darling 100 Joseph Rogers 100 William Dickens 100 Cordwell Hamond 100 Edward Darling 100 George Griffith 100 Thomas Wilcoxe 100 Robert Lee. 100 Ralph More 100 Edward Kinaston 100 Rowland Wilson 100 Michael Gardiner 100 Ralf Hutchinson 100 Andrew Courtman 100 Matthew Terry 100 Robert Shaw 100 Richard Davis 100 Francis Ashwell 100 Henry Crone 100 Cap. Henry Sanders  Thomas Gough 100 Christ Metcalf Cap. Langham 100 Henry Lee. 100 William Bowyer 100 Roger Kilvert 100 Note the said sunmes were not brought or paid to Alderman Abel but at Uintners Hall whereby it still shews this to be the work of the Company After all this at two severall assemblies of the Company in their Hall it was ordered that the seale of the Compnny should be put to the said Indenture of creation of the project The Orders follow in these words These the â—…sistants this day 16 Junii 1638. William Abel Alderman Master Master Kinaston Master More Master Court-man Wardens Master Wilson Master Bowyer Master Davis Master Shaw Master Hart Master Bludworth Master Clegate Master Darling Master Hamond Master Conradus Master Griffith Master Baily Master Ashwell Master Gardiner Whereas for the setling of the Farme of forty shillings to be paid to his majesty upon every tun of wine to be imported and sold in this Kingdome there are Indentures quadrupartite to be passed betweene the Kings most excellent majesty on the first part the Corporation of Vintners on the second the Company of French merchants on the third and the Spanish merchants on the fourth part which are to be sealed on the companies behalfe with the common seale of this company which is to be performed at the Kings Aturnies chamber It is ordered that the common seale shall be taken forth and delivered to our master and he to cause the same to be put to the said Indentures and to returne the same seale to be safely kept in the treasury Secundo die August 1638. Reg. Car. 14. These were thâ— Assistants present besides the generality Master John Hart Master Master Griffith Master Alexander Child Wardens Master Alderman Abel Master Wilson Master Davis Master Robert Shaw master Kinaston Master Bludworth Master Bonomy Master King Master Darling Master Leechland Master Robert Lee master Courtman Master Conradus master George Shaw master Gardiner M. Hulbert master Birch Master Foster â—…neral â—…rt The generality here assembled gave consent that master Alderman Abel should have the Companies common Seal delivered unto him and that he should therewith seal the Companies part of the quadrupartite Indenture made with his majesty and others and when that is done to return the same to be safely kept in the Treasury together with the Companies part of the said Indenture And accordingly the Seal was sent by master Hart then master of the Company to Alderman Abels house by the hands of their Beadle and master Griffith one of the Contractors then Warden of the Company carried it to master Atturnies and sealed the Indenture with it the Alderman being then out of town What can be more plain then that this was the work of the whole Company The Companies part of the Indenture must be kept with their common Seal in their Treasury for so was it appointed by this last Order of the General Court The Project was contrived by the generality at a general Court as by the Order of the 22 of November It was confirmed by the generality with unanimous consent not one contradicting it at a general Court 7 Feb. 1637. and then the generality nominated and appointed ten of their Company to contract with his majesty on behalf of the whole Company And their common Seale was ordered to be put to the Indenture of creation of the project at a generall court when Alderman Abel was not Master And besides out of Towne So all the material and principal passages of the creation of this Project were acted in their Hall at general Courts and by the generality And it cannot be denied but that a greater number of drawing Uintners appeared at those general Courts then hath been known at any Court of former times And as it appears by the Orders of those general Courts that Alderman Abel was ingaged in the businesse by the generality as he was master of their Company so it appears also by the same Orders that neither he nor any others were single actors of any thing in the creation or contrivement of the Project but that it was the very Project of the generality of Retailing vintners for the profit of themselves only The 20th Novembâ—… For upon reading the Petition of James Mason and Robert Quarterman and others preferred against Alderman Abel and the rest of the Farmers upon the 20th day of November at their Hall The then Master and Wardens of the Company of the vintners with the rest of the Court of Assistance
Treasuries and regulating Officers and Salleries Nove. 2â—… Dickins 〈◊〉 his Sistâ—… WHereas upon reading of the Petition of William Dickins Anne Elizabeth Tomazin and Mary his sisters being the younger Children of Mr. William Dickins their late Father deceased wherein they alledge that the said William Dickins having an Interest in the profits of a Patent made from the late King unto the Lord Goring and others for compounding for and granting Licenses to sell wine by retail throughout England and Wales Devon and Cornwall excepted did by his last Will whereby he made Francis his Son his Excecutor bequeath unto the Petitioners severall summes of money amounting in all to three thousand nine hundred pounds to be raised out of the yearly Revenue of the said Patent out of which the Petitioners assert they have not yet received any thing towards their said portions for that the profits of the said office were in May one thousand six hundred forty four sequestred for the Delinquency of Francis Dickins Executor of the said William though he was onely Interessed in the said Revenue as an Executor and Testementary Trustee for which Causes they prayed satisfaction of their Portions out of the arrears of the said profits of the said Patent This Committee upon the whole matter finding themselves uncapable to determine any thing as to the relief of the Petitioners untill the present Commissioners and Agents for Wine Licenses and also the Master and Company of Vintners London who claim severall Interests in and to the office of Agency and granting of Wine Licenses be heard do therefore Order that the present Commissioners and Agents for Wine Licenses as also the Master and Warden of the Company of Vintners and likewise Master Cozens late Clerke to the Committee for the Revenue together with the Petitioners do attend this Committee in the Inner Court of Wards on Tuesday the twenty ninth day of this instant November by two of the clock in the afternoon to offer and manifest what they can unto this Committe relating to each mans respective Interests and thereupon this Committee will declare their 〈…〉 make such Order theâ—ein as shall be 〈…〉 At the Committee of Parliament for Inspecting the Treasuries and regulating Officers and Salaries Decemb. â—… Dickins Vintneâ—… â—…don WHereas vpon reading of the Petition of William Dickens Anne Elizabeth Thomazin and Mary Dickens his sisters It was ordered the two and twentieth day of November last that the matter of the said Petition should be taken into consideration the twenty ninth day of the same moneth and that the Master and Company of Vintners London who make claim to the same thing as the Petitioners do together with the present Commissioners and Agents for Wine Licenses should then attend this Committee to say what they could in reference to their Interest And accordingly the said parties then appearing but not being fully prepared to make out their severall Interests Thereupon by consent of all parties the Cause was put over to be heard this present day and now the parties appearing and the Petition of the said Dickins being again read wherein the Petitioners prayed reliefe and satisfaction of the summe of 3500 li. in Legacies given to them by the Will of Mr. William Dickins their late Father deceased and appointed to be paid out of the profits and arrears incurred upon the Patent for granting of Wine Licenses granted by the late King to the Lord Goring the said William Dickins and others and in lieu of a great summe paid and engaged for the Lord Goring he the said William Dickins was to have one thousand eight hundred thirry three pounds â—ix shillings eight pence per annum out of the profits of the said Farme in case it should yield so much above the Kings Rent of which Will Francis Dickens eldest son of the said William being Executour he the said Francis though but a Trustee for the Petitioners in reference to so much of the benefit of the said patent as amounted to satisfie the said legacies yet was the said patent and the profits thereof sequestred by the Commissioners for compounding at Haberdashers Hall for the Delinquency of the said Francis insomuch that the Petitioners have been kept from their legacies upon which their subsistance depends as in their portion is alledged upon consideration whereof and heareing of the Master and Company of Vintners London who also claim an interest in the profits of the said patent for Wine Licenses by grant from the Lord Goring and others wherein the said William Dickens joyned for which the said Master and Company of Vintners paid eighteen thousand pounds in money and 1800 pounds per annum during the time that they held the same and so they affirm that the arrears of Rent and Fines are of right belonging to them while the terme of yeeres in the said patent remained which determined in the yeere one thou six hundred fifty one this Committee upon the whole matter are of opinion that the several intrests of the persons aforesaid are not comprised within their power to determine and doe order that Master Mayer be desired as one of the Committee for Compounding at Haberdashers Hall to report to the Parliament with what convenient speed hee can the true state of the cause relating to the interest of the petitioners as it stands cleered before the said Commissioners 18º Junii 1639. Present Mr. Alderman Abel Mr. Kinaston Mr. Robert Shawe Mr. Darling Mr. Wilcockes Capt. Forster Mr. Rowland Wilson Mr. Griffith Mr. Leechland Mr. Courtman Mr. Simcockes Mr. William Dickins Moved that those that shall be bound for the 7000 l. per annum for the Licenses for retailing of Wines to the Lord Goring be nominated Master Wilson and others moved That Mr. Treasurer and the Deputy should treat with the Lord Goring about the buying in of 3000 l per annum due to him for thirteen years out of the said Licenses and if they could prevail to have it at five and an half years purchase or under then that the Adventurers in the 30000 l. Farme should buy it in and then whom were bound should run the lesse danger and however those bound should be saved harmlesse by Covenant from the other Adventurers pro Rato to their particular Adventures 21th of June 1639. Present Alderman Abel Mr. Darling Mr. Courtman Mr. Dickins Mr. Conradus Mr. Dudley Mr. Griffith Mr. Davis Mr. Bonnamy Mr. Robert Lee Mr. Hilsely Mr. Cox The last Court read and confirmed and Mr. Treasurer and Deputy now moved to have a further consent to treat with the Lord Goring and that they hoped to prevail to obtain his 3000 l. per annum at six years purchase which comes to 18000 l. out of which to abate 1768 l. which is found to be received lesse then 7000 l. the last year which the Adventurers are to make good so that there is really to be disbursed onely 16232 l. which is to the adventurers under
five and an half years purchase and to obtain his Lordships security to pay the 3000 l. per annum during the whole time if it should happen that the Licenses should be resumed by his Majesty or by any act of Parliament or act of State which if could be obtained the Committee present consented unto and wished the bargain perfected and those that happen for it any way to be engaged the totall adventurers to save them harmlesse and it was consented unto that if the Lord Goring desired the 400 l. per annum which the adventurers bought formerly of Sir Drue Deane's Executors for 2400 l. he should have it deducting the said 2400 l. out of the 18000 l. for the six years purchase as aforesaid The third of November 1640 present Master Alderman Abel Master Leechland Master Hammond Maptain Foster Master Griffith Master Courtman Master Bowyer At this Court it was ordred that master Alderman master Leechland master Edward Darling and master Griffith should conferre with the Lord Goring to cause master Dickens to seal the Deed for the Licenses with expedition that it be no further delayed which being effected that it be made over for the security of master Alderman and others that are engaged at interest and master Alderman and such others so entrusted to re-assigne the same when they shall be freed of such their engagements BY which foresaid Petition orders the note of subsciiption here following nothing more plain Then that the Wine Licences were by the said Contractors c. ordered to be purchased and moneys likewise to be taken up for the said purchase and the parties that shall become engaged for the said purchase to be re-imburst But that the said Abell and Shaw were and are the parties so engaged and that by their last mentioned Order of the third of November 1640 the Deed of the Wine Licedses be assigned over to them for or towards satisfaction of the said monies or debts so by them entered into which they never did nor ever after the said Order making went about to perform but that the said parties Abell and Shaw are the very parties imprisoned for the said debts there being never any other imprisoned for the same except lately the aforesaid Moore But it doth further appear by the said Petition and Orders that the said Contractors c. under the names of the Master and Wardens c. instead of giving the least satisfaction to the said Abell and Shaw they by their said Petition and the said Orders set forth their claim and Title in and to the said Wine Licenses and endeavour to get them and the profits thereof to themselves and their own uses leaving the said Abel and Shaw like most unconscionable men as in their Petition to continue in prison without redresse The two petitions of the said Abel and Shaw together with the note of Subscription under the hands of the said Copartners and the names of all the Contractors c. as they are set down under the hand of Master George Griffith now Master of the Company and one of the said Contractors here followeth One of which petitions is directed to the Honourable Committee of Parliament for prisons and prisoners and recommended by their Letter to the Honourable Committee of Judges sitting at Salters Hall The other to the said Judges themselves and both for relief against the said Copartners TO THE HONOURABLE the Committee of PARLIAMENT FOR Prisons and Prisoners The humble Petition of William Abel and Robert Shawe now Prisoners in the Vpper Bench. Sheweth THat the granting of Wine Licenses in England and Wales were excepted out of the Statutes of Monopolies in the 21 year of the late King James That the late King Charles the 20th day of December in the seventh yeer of his Reigne by Indenture under the great Seal of England did constitute George Lord Goring and others in trust for him Agent or Agents for the Wine Licenses in England Wales and Barwick Devon Cornwall and Exeter excepted for 21 yeers from the 20th of December 1630. That in the yeer 1638 the said late King for valuable considerations granted to Sir Sackvil Crowe Baronet 1600 li per annum to be issuing out of the Rents and Sums of money payable to the late King his Heirs and Successors for or in reâ—pect of granting Licenses for selling of Wines amounting â—hen unto 2166 li. 13 shil 4. d. per annum So as there remained â—o the Crown only 566 li. 13 shil 4. d. per annum out of which â—…600 li. per annum your Petitioner William Abel with three oâ—hers purchased 400 li. per annum which cost 2400 li. That also certain Copartners being before-hand advised â—y learned Counsel of the legality of the said Lord Gorings and â—is Trustees Interest divers of them to the number of thirty â—…d authorize give order under their hands to your Petitioâ—…ers and others to buy the said Interest and did likewise under â—…eir hands engage to save your Petitioners and the rest harmâ—…ss for what moneys they should take up at interest towards â—…e said purchase as by a Copy of the said Subscription hereto â—nnexed will appear That in pursuance of the said Copartners order your Petiâ—…oners and others did in the yeer 1639 for and in consideraâ—…on of 18000 li. paid to the said Lord Goring and of the â—aid 2166 li. 13 shil 4. d. reserved to the Crown purchase the â—aid Lord Gorings Interest and Agency from him and his said Trustees That the said Lord Goring did enter into a Statute of 24000 â—i to your Petitioners and ten others of the Copartners nomiâ—ated by the rest and did likewise himself and one Philip Warâ—…ick his trustee Covenant to and with your Petitioners and â—he said ten others likewise nominated by the rest that they â—hould peaceably and quietly enjoy the said Agencie from themselves or from any other person or persons claiming in from by or under them or either of them c. That one William Dickins sometimes servant to the Lord Goring did manage the said Agencie for the Lord Goring and afterwards for the said Copartners so long as he lived And after him Francis Dickins Gentleman his son did the like for the said Copartners and respectively accompted before Auditour Spachman in their names and to their uses That the said Copartners enjoyed the said Agency and 400 li. per annum until they were interrupted by Francis Dickins under pretence of a former Deed from the said Lord Goring to the said William Dickins Which Francis went to Oxford in the yeere 1643. By reason whereof the then Committee of the publique Revenue sequestred the said Agency and all rents and profits c. and put in other Agents of their own nomination who keep their Office in Fleetstreet and have enjoyed the profits thereof ever since And under pretence oâ— Francis Dickins's Delinquency And your Petitioners thereupon have several times petitioned and appeared before that
A full and true Relation of the whole Transactions of the Company of Vintners the Farmers and Co-adventurers as to the Farmes of 40 s. per Tun and Wine Licenses and the Medium ON the sixth of November 1637 at a general meeting of all Retailers of Wines in London Westminster and the Confines thereof at Vintners Hall the generality made choice of Alderman Abel then Master of their Company Edward Kynaston Ralph More Wardens Rowland Wilson Thomas Hutchinson William Bowyer Esquiâ—es Robert Shaw and Joseph Graves George Hulbert Michael Gardiner Thomas Langton and John Wilcoxe or any three or more of them whereof the Master and the chief Warden to to be one to deal for the generality touching an advancement of price upon retail of Wines suppressing the Coopers a general pardon and divers other benefits to be granted by his Majesty to the retailing Vintners But the Committee was not to conclude any thing therein without the consent of the generality of Retailers as by the Order made that day at Vintners Hall may appeare The Committee proceeded therein accordingly by and with the advice consent and direction of the generality from time to time as appears by their own Orders at Vintners Hall which are here faithfully set down as they were truly transcribed and compared with their Book of Orders there The Orders are in these words â—…se were the â—…sistants beâ—…s the geneâ—…y 22 Die Novemb. 1637. Master Abel Alderman Master Master Kinaston Master More Master Courtman Wardens Master Bowyer Master Davis Master Robert Shaw Master Wilde Master Bonomy Master King Master Darling Master Leechland Master Hamond Master Griffith Master Hulbert master Field master Gardiner â—…neral â—…rt At this Court all the vintners and others Retailers of wine in London Westminster and the parts thereunto adjoyning were warned to meet together at the Vintners Hall in London the greater number whereof there appeared and upon report made to them by the Committees formerly chosen by them what was demanded for his Majesty It was assented unto by the generality that the Committees might yeeld to pay forty shillings upon a tun provided that they might be assured to have from his Majesty the immunities and benefits proposed the which their assents was shewed and expressed by holding up of their hands and they to report their proceedings to the Court from time to time The immunities and benefits were then put into writing by the Clarke of Vintners Hall and were comprehended in eleven heads or Articles and intituled The humble desires of the Retaylers of Wines and were Presented together with a petition to his Maiesty a true Copy of both which here followeth The Petition of the retailing Vintners of London and their Propositions and Demands contrived and made amongst themselves at their Hall in November 1637. Whereby it may appeare who projected the penny a Quart on Wines To the Kings most Excellent Majestie The humble Petition of your Majejesties Loyall Subjects the Vintners and Retailers of Wines Freemen of the City of London Most humbly sheweth THat whereas the Company of Vintners of London hath anciently in times past been a flourishing Company and hath had and enjoyed sundry ancient Priviledges and Immunities whereby the Freemen of that Company have in the exercise of their Calling become men of eminent place and authority in this your City of London May it please your most excellent Majesty to be informed that of late times the Wine Coopers have so invaded the priviledges and intruded into the Trade and Profession of the Vintners as that the said ancient Company is much decayed thereby and impoverished and like further to decline unlesse by your Princely Clemencie the same be restored and upheld And therefore your humble Petitioners prostrating themselves at the feet of your sacred Majesty do most humbly pray your Majesty wil be graciously pleased to restore them to their ancient freedom in the use of their profession And withal for the better enabling them to do your Majesty service and go on cheerfully in their Callings and to grant unto them such further additions of your Princely Favours and Immunities as are conteined and expressed in the Schedule annexed and to pardon all their Delinquencies and transgressions past And in an humble and thankful acknowledgment of your Majesties so ample and royal favours extended to them your humble Suppliants will with a free and unanimous consent pay to your Majesties useâ— and your royal Successors the sum of 2 l. for every Tun of Wine which they shal hereafter retail or vend within this your Kingdom and as in duty bound wil ever pray The humble desires of the Retailors of Wines THat all Merchants and others Importers of Wines into the Ports of London may be enjoyned to sell their Wines to none but Retailors of Wines being Vinters to the end your Majesty may have 2 l. on the Tun upon all the Wines that shall be imported whereby the Merchants and others may not undersel the Vintners and deprive your Majesty of the said 2 l. on the Tun aforesaid and the said Vintners be hindred both in their whole Sale and Retail 2 That no Retailors of Wines and other Buyers of Wines within any place or places of this Realme be permitted to buy any Wines at any Port or places within this Realm unlesse the said Retailors or Buyers do pay the aforesaid 2 l. on the Tun to his Majesty otherwise it will come to passe that all Retailors and other Buyers of Wines will furnish themselves to save the 2 l. a Tun and neglect the free Vintners of London 3 That all Coopers and others may be restrained from intruding into the Vintners Trade buying or selling Wines either in grosse or by retail for time to come 4 That all free Vintners may dresse and sell Victuals Beer Sugar and Tobacco in their Houses in London or elswhere as anciently they have done heretofore they buying their Tobacco of any licensed to sell it 5 That there may be a repayment by way of defalcation of the 6000 li. which the Vintners payed into your Majesties receit of the Exchequer for a great part whereof they pay Interest at this day 6 That the granting of Licenses to retayle Wines within London and three miles compasse may be hereafter and hence forth restrained and none to be hereafter granted And also that the free Vintners may have power according to their ancient Charter to draw wines freely in the four principall Roads and all Cities and Port Towns within this Realm 7. That his Majesty will be graciously pleased to grant to all free Vintners and retaylors of Wines his his most gracious generall and free pardon for all delinquencies and transgressions whatsoever by them committed in the exercise of their Trade either by whole sale or retail to this day And also a confirmation of their ancient Charter with liberty to adventure for Wine of all sorts with such additions as it shall please your Majesty to
made a Declaration and entred it in their Hall Book wherein are conteined these very words And master Alderman Abel and divers other the Contractors never sith-hence dealt in grosse nor benefited themselves by the advance upon the retail of Wines so as he hath in all this been but a person even entreated into the businesse for the Company and no whit for himself nor hath otherwise or in other manner or for other cause acted any thing at all in or concerning this busines For the Medium It was first occasioned by the drawing Vintners for in the first Article oâ— their project they demanded that all Merchants may be enjoyned to sell their wines to none but the retayling Vintners The Merchants opposed it and shewed that in case they should be tied up from selling their wines to any but vintners it would be their undoing and the overthrow of their trades unlesse the Vintners would oblige themselves to take off their wines at the prizes â—et by the Lords for otherwise the Vintners would beat down the Merchants prices and leave their wines on their hands Whereupon after severall debates touching that particular betweene the Merchants and Uintners it was at a generall Court held at Uintners Hall the 21 of March 1637. agreed and consented to by the generality of Retailers That they would yearely take from the Merchants at the set prices such a quantity of wine as was by them yearely imported according to a Medium to be taken of their last seven yeares importation And at another generall Court the 29 off the same March they againe consented to take off the Merchants wines as by the order following appeares 29 Martii 1638. These weâ—… Assistants â—…sides the â—…rality William Abel Alderman Master master Kinaston master More master Courtman Wardens master Wilson master Hutchinson master Bowyer master Davies master Robert Shaw master Bludworth Master King Master Clegate master Darling Master Hamond Master Conradus master Griffith Master George Shaw master Hulbert Master Field Master Baily Master Ashwell A generaâ— Court This day upon a general summons of all retailers of wines given by the Officers of the Hall for their apperance here a very ample number of them came to whom the Master againe declared what had passed betwixt himself and some other committees of this Company and the Medium of wines by them required to be taken off and the Master againe propounded to the said retailers whether they were willing for accomodation of those English Merchants to take their wines being good and merchantable as in former times in such a moderate way as is lately propounded and hereafter to be agreed upon not exceeding the Medium No warres act of State contagion great sicknesse or mortality hindering the vent of Wines To which they declared and signified their consents as also that the farm of 40 shillings a Tun shall be accepted at the rent of 30000 li. per annum and the granting of Licenses for Taverns at 7000 li. per annum And the next Court day being the 19 of May 1638. the Company appointed a certaine number of retailing Vintners to seale the quadrupartite indenture on behalfe of the whole company which indenture was severall times openly read and ratified in their Hall at generall meetings and in that Indenture the vintners covenant expresly to take off from the Merchants 4000 tunne Spanish and 5000 tunne French wines being the Medium agreed on by the merchants and vintners and in consideration thereof the merchants covenanted and obliged themselves to sell to no coopers nor countrey vintners Thus was the Medium begot by the London vintners and for their benefit who by this meanes monopolized the retailing of wines both in city and countrey and were the sole Authors of the Medium and afterwards to make sure work they got an order from the Council-board that those merchants that should breake their contract by selling wines to coopers or countrey vintners should not have their wines taken off The vintners having thus tied up the merchants from selling to any but them would not take off their wines as by contract they were bound but furnished themselves from Strangers and left those native merchants wines on their hands to their great losse and almost undoing Thereupon those merchants were driven to petition the Lords of the council and to set forth the unfaithfull and fraudulent dealing of the vintners and upon several hearings of what could be said on both sides their Lordships ordered the vintners to take off from those merchants who had beene so much wronged a small quantity farre short of that which the vintners by their owne contract were bound to take and were wines which a select committee of vintners Michael Gardiner being one had chosen and marked out for good and merchantable wines True it is in regard of the great quantity of wines imported that yeare the vintners might have bought those wines somewhat cheaper but they retailed them all at the highest prices and lost not but gained by them and in case any one peece of those wines failed on their hands it was through the Uintners owne wilfulnesse in that they would not husband them rack them from their lees and take them from the Merchants in due time as by their contract they were bound and ought to have done In the great and numerous company of Vintners there are about 40. whereof some would not pay the Merchant for their Medium wines others would not pay the 40. shillings a tunne to the King and some of the refusers to pay for their Medium wines were upon complaint of the Merchants owners of those wines committed to the Fleet by the Lords and others that would not pay the 40. shillings a tunne after long forbearance were sued These forty being indebted to his Majesty in great summes for the forty shillings a tun petitioned the Honourable House of Commons against Alderman Abel Ralph More George Grifsith Rowland Wilson and the rest of the Farmers and by their Petition they set forth that they were compelled to take medium Wines to their loss and inforced to pay fotry s. upon a tun all Wines both which are untrue for they had voluntarily obliged themselves by their said contract to perform both upon more then valuable considerations as is before declared and upon those and the like false pretence that they opposed the project they would exempt themselves from making restitution to the Common-wealth of the great summes which they have gained by the project To these it s answered that they amongst the rest were present at the contriving of and gave their consents to the project at vintners Hall and againe though they refused to pay the 40 s. per Tun to his Majesty yet they have the conscience to take the 1 d. and 2 d. a quart and enjoyed all other benefits and advantages by the project and yet more some of them had the faces to take the 3 d. a quart which was
half a Tun above the set prices on Malligoes and Sheries as was proved before the Committees of Parliament Thus you may see how these men had the consciences to take on all wines 4 l. on some 8 l. on others 12 l. a tunne above the set prices although in the set prices there 's included a competent gain to them and to exact all other the advantages by the contract but they will not pay the King 40. shillings a tunne nor take off the Merchants wines as other vintners did and as they by their contract were bound to doe These will enjoy all profits but will endure no losse Are not these men more inexcusable to blame then the rest of the vintners that taking the 1 penny and 2 pence a quart paid the 40 shillings to the King and performed their contract with the merchants For the end of these mens complaint in Parliament was to free themselves from payment of the 40 shillings a Tun to the King on those Wines for which they had taken from the Subject 4 l. 8 l. and 12 l. a Tun above the set prices But the truth is that the Vintners having received a double benefit by this their Project to wit pardon for their fore-past delinquencies and increase of price on all their Wines would have escaped the justice of the high Court of Parliament and have prevented both punishment and restitution by casting their Project from off themselves and others and by conceasing and denying their most unconscionable benefit but their own Orders which they so long denied and would still deny have been several times proved at the several Committees and out of those their own Orders against which no modest man would conâ—end They have upon ten several hearings before the said Committees been four times voted by the Committees to be the Contrivers of the Project and Delinquents For the Licenses The 22 day of Novemb. 1637 A general Court At a general Court viz. on the foresaid 22 day of November 1637 when the several immunities benefits comprehended in eleven heads or Articles were put in writing at Vintners hall by their Clark one of the said Articles viz. the 6th was that the granting of Wine Licenses in and about London be restrained and that the free Vintners may draw Wines in the four principal Roads and in all Cities and Market Towns But the said Licenses being before that granted by the late King Charles to the Lord Goring and he in actual possession thereof The 7th of Februar 1637. A general Court The said generality as in the aforesaid Order of the 29th of March 1638. did consent and agree That the granting of Licenses should be farmed at 7000 l. per annum and whereas by the aforesaid Order of the seventh of February 1637 the generality nominated ten Contractors to contract with his Majesty for the duty of 40 s. per tun at 30000 l. per annum who should take to them so many as should make up thirty who should go 1000 li. a man Adventure at this general Court viz. on the said 29th of March 1638. The 29th of March 1638. A general Court They order that the said Contractors shall take to them so many as should under-write 1000 l. a man as shall make up with the said Contractors 37 shares and accordingly the said Contractors did take to them so many as did make up their shares who did under-write their names at Vintners Hall to go a 1000 l. adventure in the said farms and brought into stock a 100 l. a man which was paid into the hands of master Traveis Under-treasurer to the Farmers Thus the retailing vintners assumes the whole benefit of all the aforementioned benefits and immunities to themselves excepting the farming of the 40 s. per tun and Wine Licenses which by the preceding Orders most plainly appears They turned over to the said Contractors and Coadventurers who accordingly did contract with the said late King Charles and the said Lord Goring for the said farms and did rent to themselves an house for a meeting place and did take to themselves a Treasurer an Assistant and Under-treasurer Clarks and Accountants and Waiters and several other Officers and did allot and pay to them by their Under-treasurer their several yeerly stipends and did sit and make Orders which were first drawn up by Master Griffith one of the said Farmers and afterwards engrosse in a fair Book by Master Winton their Clark and did receive the benefit and profits arising by the said Farms which said Contractors and Coadventurers did take to them several Sub-adventurers The names of all which are hereunto annexed with their particular adventures in the said Farms as they are set down under the hand of Master George Griffith one of the said Farmers Assistant to the Treasurer which said Contractors Coadventurers and Subadventurers did agree amongst themselves about November a thousand six hundred thirty nine to purchase of the said Lord Goring his whole interest in the said Wine Licenses and that each of them should have and beare his share of losse or gain in the said purchase according to his said Adventure And what moneys soever should be taken up at Interest or brought in by any upon that occasion should be born and paid by the said Contractors Co-adventurers and Sub-adventurers according to their several adventures as will appear by several Orders of the Farmers and a note of Subscription hereto annexed under thirty of their hands Which said summe of 18000 li. was paid to the said Lord Goring in manner following That is to say 9000 li. thereof out of the joynt stock of the said Contractors Co-adventurers and Sub-adventurers and 9000 li. more by the order and desire and upon the undertaking of the whole number by moneys taken up at Interest by William Abell and Robert Shaw together with two or three others and upon payment of the said 18000 li. to the said Lord Goring the said Lord Goring did assigne his said interest to the said William Abell and Robert Shaw and 10 others in trust for the rest c. Who by vertue of the said Assignement did receive the profiâ—s thereof untill Francis Dickens their Clerke under pretence of a former Deed to his father William Dickens in the year 1643 went to Oxford and carried all the Books of Accounts a way with him Whereupon the then Committee for the publike revenue sequestred the Agencie of the said Wine Licenses with the profits thereof and put in Agents of their own nomination And the said Contractors c. refusing to pay their just shares and the said Agents since the said sequestration receiving the Rents and profits arising by the said Licenses The said William Abel and Robert Shaw after many tedious and vexatious Suits and after several times petitioning and appearing before the said Committee for the revenue for release of the said Sequestration and all without the least redresse The said