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
void
,
by
a
late
Act
of
the
last
Parliament
,
entituled
,
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
Licensing
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
tenure
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
Customes
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
Livelyhood
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
Joyntures
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
lyable
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
rated
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
meer
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
livelyhood
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
referre
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
speciall
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
referre
the
said
Petition
unto
his
Royal
Highness
the
Duke
of
York
,
toward
whose
support
and
maintenance
his
Majesty
had
been
plased
to
assigne
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
Assignes
,
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
Moneth
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
void
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
License
;
And
have
threatned
,
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
unlawfull
summes
of
money
demanded
of
them
,
which
for
quietness
sake
they
have
paid
more
or
less
.