The Diary of Thomas Burton
11 April 1659

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History of Parliament Trust

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John Towill Rutt (editor)

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1828

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'The Diary of Thomas Burton: 11 April 1659', Diary of Thomas Burton esq, volume 4: March - April 1659 (1828), pp. 389-403. URL: http://www.british-history.ac.uk/report.aspx?compid=36953&strquery=beer law Date accessed: 16 April 2014. Add to my bookshelf


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Monday, April 11, 1659.

I came late. Leave had been given to Mr. Alderman Toll to go into the country.

They were naming a Committee, (fn. 1) touching one Coney, a business wherein Lord St. John was concerned, about the sale of some lands. (fn. 2)

Serjeant Wylde offered a petition in his own behalf, touching taking away his place from him. He set forth, that he was placed, quam diu se bene gesserit, and displaced by his Highness without a hearing. (fn. 3) He called it his freehold.

Mr. Annesley moved that it be referred to the Grand Committee for Grievances; (fn. 4) which was done accordingly.

He, also, presented a petition of Lord Craven's, (fn. 5) that he might have a passport for his safe coming into England, for six months, (fn. 6) to attend his business.

Mr. Fowell seconded it.

Mr. Scot. I am sorry I was born a son of contention. I must oppose that motion. There are too many Cavaliers.

Sir Arthur Haslerigge. I am for his coming over; for he cannot say so much for himself, as is said for him in this House. Let the business be fully examined, and let him answer those things that are laid to his charge. There is more clamour made by those that solicit for him, than he can make for himself.

It was moved for a protection for him. Others called for a pass only.

Colonel Allured. If you give him leave, it is fit you should take security of him, while he is here. His petition sets forth, that he has got leave of the States-general to leave his charge for six months.

Mr. Reynolds. Be not so hasty to do justice to this man, and to do injustice to three nations. There is too great a confluence of that party here. If he come over, let him give security, as the Duke of Buckingham did; (fn. 7) both personal and other security.

Mr. Raleigh. I move, that, to vindicate the justice of this House and of the Long Parliament, he have all the liberty, by protection, or otherwise, to make out his business.

Captain Hatsell. I move that he also give security for his fellows. One Read, a notorious fellow, came over before, that was very active against you.

Major Burton. It is not rational to bring them to you; but to send them from you, rather. It is told you, 1500 officers are here, and that Masseyf is here. Will you have more to head them.

Mr. Chaloner. There needs no protection. He is a Colonel, and nobody can touch him.

Mr. Godfrey. In your vote, express the cause of the protection.

Mr. Baldwin. A protection, without a pass, will do nothing. The protection is only while he is here.

Sir Anthony Morgan. I know not what that word "protection" means. If he has done any thing that deserves your justice, let him be questioned for it, notwithstanding.

Mr. Bethel. I move that security be given for his fellows.

Sir Thomas Beaumont. His petition only desires leave to come. Why then should you give him more than he asks ?

Resolved, that leave be given to William Lord Craven to come into England for six months from this day, for the prosecution of his Petition concerning his estate; and that Mr. Speaker do sign a protection for his coming over accordingly: provided that he do, within six days after his landing in England, attend this House; and give such security as this House shall think fit, to act nothing prejudicial to the Commonwealth during his abode there.

Resolved, that Colonel Terrill do make the reports in his hands from the Committee of Grievances, to-morrow morning.

The order of the day was read touching the farmers of the excise attending the House this day. (fn. 8)

Captain Stone presented a paper of the persons that are in arrear; and to whom notice of their attendance here this day was given according to that order. (fn. 9)

Martin Noell is above 25,000l. in arrear. He had notice, but was not in the House.

Mr. Godfrey. I move that they be called, in sets.

First, the farmers of the excise of London and Middlesex were called, but they answered severally. The counties were not thus favoured.

They were fifty (fn. 10) in number; but these were kept to it to answer only to London and Middlesex, as follow: (fn. 11)

Mr. Baker. (fn. 12) The amount was 128,400l. per annum, by the original contract; but, upon addresses to his Highness and the Council, they brought it down to 120,000l. per annum.

We confess we owe, at this time, 15,000l; but, in truth, 25,000l. whereof 10,000l. is already advanced in his Highness's hands. The reason why the arrears are not paid, is the perpetual disturbances in levying the duty. All possible means are used to dispute the laws. We have advanced it to 80,000l. more than ever was made. Many have never entered, according to the law. Others, if entered, never paid, who were to pay weekly or monthly. They disputed every part of the law, from point to point. The Brewers called a Common-hall, and resolved not to brew for some time, and so to break us. The necessity of the nation could not forbear, though many of them put this in execution.

They preferred a petition of grievance to his Highness. This was referred to the Commissioners of Appeals. They can testify it was but scandal, in most part of it. They can justify us, how well we acquitted ourselves.

They brought actions at law. Our officers were under perpetual arrest. Now they have found another way, to acquaint your honours with it. Then they endeavoured to farm. That they could not do.

The state sent for us to know the reasons why it was not paid. Our credits being somewhat, we advanced money in October to pay all that was due in September. We used all acts of indulgency to them. We admitted them to compound with us. Some of them did, and this had like to have broken us. Now, they have put in a petition of grievances, which we doubt not but to make it appear, is full stuffed with scandal.

There is due to us from the city, 20,000l. We cannot get it in, for attending this Committee. They give us dilatory answers. If we can have but some encouragement from this honourable assembly, we do doubt not, but in a very short time to pay all.

One Home, a brewer, has made a complaint against us. He made no entry for thirty-two weeks together. If all had done so, it would have ruined us, indeed. We were surprised in a trial. There was a verdict at law against us, for 800l. which we have paid. Home was never worth 100l. He is now set up to arrest every man of us for 10,000l. which is hard to find bail for. Our credit being such to get bail for that, now they arrested Mr. Abbot for a greater sum. For these reasons, we could not call in our money to make payment to your honours.

As we have been served in the city, so in the country. As in Surrey, no Justice of the Peace would sign any warrant but one warrant, that we have procured to be signed.

The weakness of the law is the cause why we have not paid. They will pay but what they please. One Captain Pride, of Kingston, we know not what title to give him, owes us 1000l. One Master Gates, his pretence is that he is willing to pay. To defeat us, he enters into a judgment of 4000l. to his maltster. All Master Gates' goods are seized for this judgment. We did any thing, for his father's sake, that he would have us do. His mother confesses that nothing is owing her, yet she keeps possession.

We entered. Mr. Gulston and Mr. Wilcocks, two justices, have restored her to possession, upon pretence of forcible entry. We pray your favour and assistance to help us to levy the arrears, and then we doubt not, in a short time to pay all.

Mr. Stephen Kirk. (fn. 13) I add further reasons why we cannot pay your demands. There are recognisances of 40,000l. upon our estates.

Again, your order for the sequestration of our estates, coming in that nick of time, dissolved our credits. We could have borrowed 10,000l., where we cannot now borrow a penny. We cannot satisfy the deficiency of the one for the unhappiness of the other. The country and city, on Saturday last, were near 15,000l. in arrear, which is all we two owe, but 5000l. We have cleared all hitherto a month after the year.

It is their table discourse that we shall be ruined. It is well known, that some of us have been engaged, from the beginning, as the encouragers of an Act of the last Parliament. We pray, that the unhappiness that attends first undertakers may not fall upon us, by the favour of this House.

This is the first time that ever London was on farm. We have persons of estates and parts to deal with. Our undertakings are attended with a reproach. We can make it out we shall be losers by the contract; yet we intend to make it good, and our estates must answer it: so that our reputation and our estates being gone, we have nothing else left but our lives, and those are threatened daily. We pray indemnity.

There is no sufficient law to levy the duty, in London, and ho punishment for the frauds. We can only punish them for a short entry, but for no frauds. We never levied 300l. of all the fines. The highest was but 15l., upon one brewer, who had defrauded us for many weeks. Some fines are but five or ten shillings.

Mr. Speaker. You confess you are ten weeks in arrear, whereas, you say that the brewers owe you but for five weeks.

Answer. There are other charges upon us in bringing it in, and 10,000l. already advanced upon it.

The Committee intimated to us not to be so active in levying it, till we had cleared ourselves of the reproach that lies upon us. They only gave general answers to pay it when they could.

They confessed they had notice of the order of March 12, but only saw it in a Diurnal.

Mr. Kirk said: we had notice and that spoiled our credits, and our security came upon us to be indemnified. We are glad of a Parliament. Our bowels rejoice at it. I hope we shall have relief.

We have lately paid 5000l., as soon as ever we received your order. We borrowed 2000l. of it; but that was no part of what is now demanded. As soon as ever we are in a condition of quiet, we shall apply ourselves to pay it.

We paid last year 30,000l. in thirty days. Then we had credit to borrow 10,000l. Now we have not.

The parties being withdrawn,

Mr. Speaker acquainted the House with the noise and disorder that the House was in.

When strangers are here, no member ought to speak, either as to withdrawing or speaking out. Your chair only ought to declare your sense.

Sir Walter Earle. It is evident tbey take your money and pay their own debts with it. The brewers are at the doors to make their defence.

Mr. Reynolds. It appears by their own showing, that they are in arrears by their own fault. They are persons of no such great quality as to be farmers. This Kirk was the other day but a clerk in the navy, &c.

Colonel Grosvenor. I move to call in the brewers. They told me at the doors that they expected a charge; but are not so much in arrear as they speak of.

Mr. Annesley. Be tender, lest you ruin them in their credit; as you see what effect your last orders produced.

Mr. Lloyd. I was one of the Committee appointed to contract. We did not depend so much upon these persons as upon the security of one Holt, a goldsmith, (fn. 14) in Lombardstreet, (fn. 15) worth 2000. (fn. 16) We clothed them with all the powers that possibly could be. Your money should not be paid by complaints. I would not have the brewers called in; but keep them (fn. 17) to their contracts. They tell you they have got abatement from his Highness and the Council, when they had contracted. It was said that some of them were so strict that they would flea a flint.

Mr. Raleigh. I would have the brewers called in; but not so as to take satisfaction by their complaints; but cause them to make good their contracts., The best of the contractors is this clerk. (fn. 18) One is a broken bookbinder, another a broken hatter, &c. &c. One of them has built houses and bought lands to 2000l.

Captain Baynes. They knew the defects of the law, before they contracted. It will be made appear that these men pay their debts by your money.

Mr. Scot. I can add nothing to what is said. They are not wanting to themselves in levying it in London. You are wanting to yourselves in not calling on them. They take it for granted that they have 8000l. abated. Nothing appears to the Committee of it, but a marginal note. They levy it with all severity. The officers swear the brewers into a debt, and let them swear it off as they can. I would have the brewers called in.

Serjeant Mqynard was against calling in the brewers.

Colonel Birch was contra.

Colonel Thompson. I move that the brewers be heard, and that the farmers be speedily called on. They intend to pay none; and they will get more money into their hands.

Resolved, that the brewers of London be now called in.

The brewers being called in,

Mr. Speaker, by the command of the House, asked of them, if they did desire to be heard by any direction from the company.

Colonel Banier (in the head of them.) I am glad we have the opportunity to speak in this presence. We are a Committee appointed by the company of the brewers to attend the business concerning the Farmers of the Excise.

Mr. Speaker acquainted them, that the Farmers of the Excise had offered it to this House, this day, as one reason why they had not paid their rent, due for the. excise of beer and ale, according to their contract, that the brewers are in arrears to them; and that the monies remain unpaid to them, in the brewers' hands.

Colonel Banier. We are not a week behind, till to-morrow. We used to be troubled with their spirits every week. We have a note under a person's hand, one of them, who said they would not call for any of this duty till they have a better power to levy this, which we hope you will never grant.

Hill and Dashwood, their treasurers, to whom they owed 10,000l. a-piece, have withdrawn their money. We hear they have a full treasury, but intend to pay none till they have better strength to levy.

Henry Bradbury heard one of them say they will levy none till they have a better authority.

There may be an arrear of 60,000l. or thereabouts, in the hands of the brewers; but it is through their remissness not to demand it. They may have it when they will, this afternoon; being the day it is due. Some of us they have made poor, and they complain now that they are poor. We cannot answer for all of a hundred men; but the brewers are generally ready to pay their arrears.

Thereupon they withdrew.

Captain Baynes. It is no argument to excuse them, if the brewers were 15,000l. behind with them.

Lord Falkland. I move that the Fanners be in safe custody till they pay.

Captain Hatsell. That is not for your service, to lay them fast. Rather give them liberty, and encourage them to perform your order, by giving them eight or ten days time.

Sir William D'Oyley. It appears not that those post entries are due from the brewers, till you have a report from your Committee.

Resolved, that the farmers of the Excise of Beer and Ale, within London, Middlesex, and Surrey, be required to pay into the receipt of the Exchequer the sum of 15,700l. on Saturday next; and the further sum of 20,000l., on or before the first day of next term.

The Farmers were again called.

Mr. Speaker informed them of the aforesaid resolution. He farther minded them of their contempt and neglect; that having had notice, as they themselves had acknowledged, of order of this House, of March 12, last, they had not hi. therto paid in the monies due and owing by them, according to the directions of that order; that they well knew, before they took the farm, what powers they had; and they had acknowledged they had sufficient powers for London; and that they knew, that if they did transgress the law, they would be liable to actions; and that there is much more due from themselves, than is pretended by them to be owing by the brewers; which they might forthwith call for; and that, therefore, the House did expect that they should pay in their rent according to the contract.

Thereupon, by the command of the House, those Farmers of the Excise withdrew.

The Committee of the Company of the Brewers of London, were again called in.

Mr. Speaker. The House have given order to the Farmers, to pay in their rent in arrear, within a very short time; and what shall afterwards grow due from them, according to their contract. The House expect that yourselves, and the rest of your company, that owe any monies to the Farmers, should pay the same to them upon demand, that it be not an excuse to the Farmers, for not paying their rent, to allege that the money was owing them by the brewers.

Thereupon, by the command of the House, they withdrew.

Colonel Mackworth, Farmer of the Excise of beer and ale in the County of Lancaster, taking notice, upon reading the account of the monies in arrear, and unpaid, by the Farmers of the Excise, a debt of 822l. 10s., was stated upon himself, did stand up in his place, and informed the House, that above 200l. of the said arrear was paid into the receipt this day, and that the rest should all be paid in within one fortnight.

Resolved, that the rest of the Farmers of the Excise of ale and beer, and other inland commodities, who attended the House this day to have been heard concerning the monies due and owing by any of them, do attend again to-morrow morning, to give the House an account why they have not, according to their several contracts, paid in the said monies.

Resolved, that a new writ be issued for the election of a burgess to serve in this present Parliament, for the borough of Malmsbury, in the county of Wilts, in the place of Sir Henry Lee, Baronet, deceased.

The House rose at one o'clock. (fn. 19)

The Committee of Religion (fn. 20) sat in the afternoon.

Mr. Bacon was in the chair.

They finished the Assembly's Creed, (fn. 21) and ordered it to be ingrossed, and held forth as the public profession of the nation.

The Committee for lame soldiers, &c. (fn. 22) sat in the Star Chamber.

Mr. Hewley was in the chair.

Wanting powers to send for persons, &c. they adjourned till Wednesday, and ordered, that the chair do move to supply the Committee with further powers.

The Committee for Mariners (fn. 23) sat in the Treasury Chamber.

Captain Hatsell was in the chair.

The Committee for Excisemen (fn. 24) sat in the Queen's Court.

Mr. Scot was in the chair.

Footnotes

1 Mr. Trevor and thirty-two other members. Journals.
2 Query, per Journal. MS. "The humble petition of George Coney, Esquire, was this day read; and was concerning a purchase made by him, from trustees for sale of delinquents' estates, of the manor of Hooke, and several other manors and lands, late parcel of the possessions of John, now Marquis of Winchester, in the counties of Dorset, Devon, and Cornwall. "The humble petition of Charles Lord St. John, eldest son to John, now Marquis of Winchester, was this day read; and was, concerning his claim and title to the said manors." Journals.
3 "The sum of 1300l. was owing to him, for his salary, in respect of that office." Ibid.
4 "To examine the matter-of-fact, and to report the same to the House." Ibid.
5 See vol. ii. pp. 125—130.
6 "And then to return to his charge in Holland." Journals.
7 See vol. iii. pp. 370, 375, 376. Lord Chancellor Hyde thus writes, June 13, 1653, from Paris to Secretary Nicholas, at the Hague, concerning an "Intelligencer" in London, for Charles Stuart:— "I believe all he says, and all he can say, of the Duke of Buckingham, who, without doubt, will marry Cromwell's daughter, or be his groom, to get his estate." Mr. Mordaunt writes to the Chancellor from London, April 14, 1659: "The Duke of Buckingham is highly busy and gives out he will reconcile himself to the King by some desperate action; but we look through his villainy, his desires being to drive some loose persons into a plot, which he knows will ruin our whole party. See "Clarendon State Papers," (1786,) iii. 171, 453.
8 This General had revolted from the Parliament to the King. Lord Clarendon, introducing the battle of Worcester, in 1651, says:— "Massey had got a great name, by his defending Gloucester against the late King [vol. ii. p. 107, note †.] He was sent with some troops before, and was always to march, at least, a day before the army, to the end, that he might give notice of the King's coming, and draw the gentry of the counties through which he passed, to be ready to attend upon his Majesty. Besides, he had particular acquaintance with the Presbyterians of Lancashire, whom nobody imagined to be unwilling to unite and join with the royal party; nor, indeed, were they." As the army of Charles Stuart advanced, "Major-general Massey, who thought himself now in his own territory, and that all between Worcester and Gloucester, would be quickly his own conquest, knowing every step, both by land and the river, went out with a party to secure a pass, which the onemy might make over the river, which he did very well; but would then make a farther inroad into the country, and possess a house, which was of small importance, and in which there were men to defend it; where he received a very dangerous wound, that tore his arm and hand in such a manner, that he was in great torment, and could not stir out of his bed, in a time when his activity and industry were most wanted." Massey escaped, after the fatal battle of Worcester, but was, no doubt, now again in England, as Major Burton conjectured. Lord Clarendon thus connects that General and his hair-breadth escape, with Sir George Booth's insurrection, "the middle in July," 1659. (See vol. iii. p. 293, note.) "In the beginning of the night, when Massey was going for Gloucester, a troop of the army beset the house where he was, and took him prisoner; and putting him before one of the troopers, well guarded, they made haste to carry him to a place where he might be secure. But that tempestuous night had so much of good fortune in it to him, that, in the darkest part of it, the troop marching down a very steep hill, with woods on both sides, he, either by his activity, or the connivance of the soldier who was upon the same horse with him, found means, that, in the steepest of the descent, they both fell from the horse, and he disentangled himself from the embraces of the other, and being strong and nimble, got into the woods, and so escaped out of their hands." History, (1712,) iii. 399, 407, 671. "April 4, 1659, Lord Chancellor Hyde" thus writes to "Mr. Mordaunt," (see supra, p. 367, note*,) a zealous plotter for Charles Stuart, who had narrowly escaped, in 1658, on a trial for treason against the Protector. In July, 1659, he had a royal patent to be a Viscount, and died in 1675, aged 48. His son was the celebrated Earl of Peterborough, (see voL iii. p. 412, ad fin.) Mr. Granger, says, Lord Viscount Mordaunt "was numbered with the neglected royalists." Biog. Hist. (1775,) iii. 24. "I do hope you have, before this time, found a way to confer with Massey and Titus, and you will find by Massey, how the business stands of Bristol and Gloucester, and so by communication of counsels you will know best what reasonably to resolve, and you may safely undertake to Mr. Howe, that you may entirely trust to Massey, who may, by your and his direction, give those who manage that business such advice as is necessary." See "Clarendon State Papers," (1786), iii. 448. John Grubham Howe, for Gloucestershire, and Richard Grubham Howe, for the borough of Wilton, were members of this Parliament. The "Mr. Howe," whom Lord Chancellor Hyde appears to recognize among the plotters for Charles Stuart, was probably the former. "Hyde" writes "to Mordaunt, April 11, 1659. As to Massey, if my last be come to you, you have long before this spoken to him. "I do the more long to hear that Massey hath been with you, because I have this very minute received a letter from him by this last post, by which I find he is melancholy enough, and unsatisfied with the coldness of many of his old friends, [probably the Presbyterian Royalists,] and even of some of those whom you think to be very well disposed. I hope it is purely out of wariness, and that it will be quickly removed." Ibid. pp. 454, 455. Mr. Baron, a spy, or "Intelligencer" for Charles Stuart, the "honest Baron" of "Lord Chancellor Hyde," thus writes to his Lordship from London, April 13, 1659. "I have, my lord, employed some friends of mine to look into the bottom of the business of Wildman, [see supra, p. 155, note ‡,] who have promised to use all art possible to make discoveries of it. I find by Massey, that Titus is well satisfied of him, but by his conversation with him, I find the Presbyterians, or, at least some, decline him." Ibid. p. 457.
9 See supra, p. 388.
10 "Captain Stone gave the House an account concerning the notice given to the Farmers of the excise of beer and ale, and other inland commodities, that live in London, and were in London, or within five miles thereof, of the order of this House, made on Saturday last, concerning the said farmers: and also presented to the House, a paper, concerning the manner of the serving of the said order, the counties in farm to them, the names of the farmers, aud the several sums of money due and owing by them, upon their respective farms, over and above all sums paid in by them since March 25 last." Journals. See "An Account of serving the Order of the House of Commons of the 9th of April last, upon the several Fanners of the Excise of beer, and ale, &c." Ibid.
11 Only twenty-eight are named in the "Account of serving the Order." Journals.
12 The third of the five farmers for London, Middlesex, and Surrey. Journals.
13 The second of the five fanners for "London, Middlesex, and Surry." Journals.
14 It is well known that Goldsmiths were the first bankers.
15 Mr. Stow says, "it was so called before Edward II.'s time, from Florence and other foreign merchants meeting there, before the Exchange was built. Others think it was called so from the bankers that lived there." See "New View of London, (1708,) i. 48. "As the Lombards," says Dr. Robertson, "engrossed the trade of every kingdom in which they settled, they became masters of its cash. Money of course was in their hands, not only as a sign of the value of commodities, but became. an object of commerce itself. They dealt largely as bankers." Charles V. (1777,) i. 401.
16 Thus in the MS. It was, probably, 20,000l. if not a larger sum.
17 The farmers.
18 Mr. Kirk.
19 "Lord Chancellor Hyde to Mr. Mordaunt, April 11, 1659. "It is no wonder that our friends in the House, [see vol. iii. p. 550, note] do not make a dear judgment of the parties, and so oft mistake their votes; and it is very natural for those who look upon the Republican party as the only irreconcilable people, as no doubt many of them are, do assist Cromwell to that degree as may make him too much master; yet the advantages they give him, are so easily discernable, that they may easily humble him to-morrow, if they exalted him too much yesterday. "I believe he hath no small advantage with many considerable men, by their believing that he intends wholly for the King; but I hope that the papers Mr. Baron [see supra, p. 393, note,] brought you, hath produced such a mutual trust and confidence amongst you, that you will quickly see the bottom of that intrigue, and then you will be able, by several hands, so to instruct our friends in the House, that we may lose by no vote. "It would not be amiss, if you could get some sharp vote to pass in the House against the Catholics, which, possibly, would make them a little more concerned for us than they seem to be. "If the difference honest Baron mentions, between Cromwell and Desborough, be real, I cannot imagine but it must rather prove to our advantage than disadvantage, and may be the best motive to Cromwell, who cannot but have some part of the army, to join with you; and then, indeed, a sudden conjunction with your friends in the City, and the assistance you could bring in from the neighbouring counties, would make the work sure, especially if half a dozen persons were first secured, which would be no hard matter." See "Clarendon State Papers," (1786,) iii. 454, 455.
20 See vol. iii. pp. 403, note †, 548.
21 See supra, p. 343, note †.
22 Ibid. pp. 361, 362.
23 See supra, p. 378.
24 Ibid. p. 273, ad fin.