ANSWER TO JOHN LIONS Very weak Defence of his most Wicked, Innovated Oppression.  
OR THE EXCHEQUER GALLON Proved to be a Standard only for Dry things.  
Or, A further Manifestation, That the TROY Weight, and the Wine Measures, are the Standards of England for Weights and Measures.  
Written In Defence of the Practice of the present and all former Commissioners of Excise, who have, from the beginning of the Laws of Excise, made use of three several Gallons in Gaugeing things Excisable, as the Wine Gallon, Ale Gallon, and the Corn Gallon.  
Written by S. S. Philomathematicus.  
London, Printed in the Year. 1659.   

〈…〉 for Excise.  
May it please your Worships,  
AS this Discourse, and the Treatise called, The Cry of the Oppressed, etc. and the Supplement to that Treatise, are nothing else but a Vindication of your Worship's Actings before 1656. and of the Constant practice of all former Commissioners, for the Excise, even from the beginning of the Laws of Excise. They having, as is very well known, made use of all three Gallons (to wit) of the Wine Gallon, containing 231 Cubical inches, to measure Wine of all sorts, Soap, Oil, Honey, Strong Water, &c▪ And of the Ale Gallon, containing 288 Cubical inches ¾ for Ale and Beer: And of the Exchequer Gallon, containing 272 Cubical inches, as for Salt, and all dry things Exciseable. And as the Author hath nothing else in design but a Vindication of your Worship's former and present Actings, and the manifestation of Truth and Justice; so he hopeth he shall find your Worship's Patrons of his paper labours, to whose serious and judicious perusal he humbly Dedicates them: That so your Worship's being rightly informed of the diversity and legality of the three Measures, you may at last return to do your first and best works. As it hath been your unhappiness to be the first who by Mr. Lions false informations and suggestions, did take up this most unequal Gage, so it may be your Honour to be the first in laying it down;  Nunquam sera est ad bonos mores via. 
Yours to serve you in all ways of Justice and Righteousness, S. S.   

An Answer to a foolish Pamphlet, entitled, The Exchequer Gallon Vindicated.  
Worthy Sirs,  
AS I have met with John Lion, Couchant, in his close and private Remonstrance delivered in to the Honourable, the Commissioners for bringing in the Arrears due to the Commonwealth; wherein I have detected two notorious untruths offered unto their Honours; as, 1. That the Exchequer Gallon was in use in Broad-street from the beginning of that Office. And Secondly, That four Winchester or Ale quarts, did exactly agree with the Exchequer Gallon. So likewise I having met with Mr. Lion Rampant in print, or his folly in Folio, I doubt not but as I have made appear, That his Remonstrance was composed of Sophistical Fallacy, and impudent Falsity, so likewise to make manifest, That this pitiful Pamphlet is but a confused heap of blind Bayard-like folly, or very profound ignorance, and that 〈…〉 ●●●ted by a Syllogism in Bocardo, then by any serious and solid demonstration. But lest John Lion should glory in his Folly, Fallacies and Falsities, Confutandi Gratia, I thus reduce his wild, confused and unsignificant discourse into these two heads; 

1. He endeavours to prove, That the Exchequer Gallon is the true and only Standard Gallon of England, that all things are to be measured by it.  
2. That the Cooper's Barrels are, and must be made by that Gallon.    
For the manifestation of his first Position he goeth very far, even as far as Magna Charta, and citys 9 Hen. 3 cap. 25 which saith, One Measure of Wine shall be throughout our Realm: One Measure of Corn (that is to say) according to the quarter of London, etc. And as it is of Weights, so it shall be of Measures; which is as much as to say, Vnum pondus, & una mensura sit per totum Regnum nostrum.  
To what purpose he citys this Statute, I cannot tell, unless it be to show, how that the Corn Gallon and the Wine Gallon are all one; and so to prove, That ●he Exchequer Gallon is the Standard Gallon of England, to measure all things, as Wine, Ale and Corn: Which if so, why doth not Mr. Lion measure Wine, Oil and Soap, Strong Waters, etc. by that Gallon also; or rather, why do the Commissioners of Excise, who are under an Oath to be faithful in their places, do the people of England so great an injury, as to Gauge Wines, Oil, Soap, Honey, etc. by the Wine Gallon, containing but 231 Cubical inches, and not by the Exchequer Gallon, which contains 272 Cubical inches, which Mr. Lion affirms to be a Standard Gallon to measure all things, as well liquids as dry? Worthy Commissioners, and singularly learned Mr. Lion, I expect your Answer to this, otherwise you must blush at such Actings.  
2. He citys Statutes made the 17 Edw. 2 I suppose he means the 18 Edw. 2. as the Ordinance for Bakers, and Brewers, and Victulars, and for els, Bushels and Forestallers, cap. 8. & 9 which provide, That there shall be Standards of Bushels and Gallons, etc. But what they are, or should be, the new Ordinance there cited, called, The Ordinance for Measures, or, as it is styled in o●● Magna Charta, Compositio mensurarum, showeth; which s●ith, That by the consent of the whole Realm, the measures of our Sovereign Lord the King was made; (that is to say) An English penny called a Sterling, round and without clipping, shall weigh 32 wheat Corns in the midst of the Ear, and ●0 ᵈ shall make an ounce, and 12 ounces one pound, and 8 li. shall make a Gallon of Wine, and eight Gallons of Wine shall make a Bushel London, etc. For what 〈…〉 except it be to prove that the Wine Gallon is the Standard Gallon of England, for which I contend.  
If he by the Wine Gallon in this Ordinance understands his Exchequer Gallon, why then doth not that Gallon agree with eigh● pound of Wheat of Troy weight, as this Ordinance doth direct, and according as 12. Hen. 7. cap. 5. doth set forth? If Mr. Lion seriously compare this Ordinance with the Statute of 12 Hen. 7. cap. 5. he must either recant, or hang down his head like a Bulrush as he doth.  Fortis est Veritas & praevalebit. 
3. He citys 15.25, 27. Hen. 3. all which Statutes provides, That all Bushels, half Bushels, Pecks, half Pecks, Pottles and Quarts through England, as well within Franchises as without, shall be according to the King's Standard. Note, these Statutes do not say, According to the Standards, but according to the Standard, which is the Wine Gallon, as in that Ordinance aforesaid: So that the different pottles and quarts, as the Wine quart, and the Ale quart; and so the Wine Gallon, the Ale Gallon, and the Corn Gallon must agree with the Standard, that is, not to be of equal capacity or content, for then all quarts must agree with the Standard Gallon, which we find to be false by experience; for the Ale quart in the Exchequer is of a larger size than the Standard, for it's a fift bigger than the Wine quart, and one 18● part bigger than the Corn quart, which agreeth with the now Exchequer Standard Gallon; for 4 Ale Exchequer quarts overruns the Exchequer Gallon almost half a pint, which is the proportion the Brewers contend for. Yet this Statute saith, It must be according to the Standard, that is, it must agree with the standard according to its assize, which Roger de Hoveden, cited in the Treatise called, The Cry of the Oppressed, explaineth to be, Secundum diversitatem liquorum, which is the proportion of 4 to 5 etc.  
Mr. Lion proceeds to cite more Statutes, all which he blindfoldly applies to prove the now Exchequer Gallon to be the Standard Gallon for all things; as 15. Rich. 2. cap. 4.16. Rich. 2. cap. 3. which saith, There shall be one measure of Wine, Corn, and A●e, and all measures shall be made according to the Standard in the Exchequer; which Standard is the Wine-gallon mention●● in the old Ordinance for Measures; So that unum pondus, & una mensura sit per totum regnum nostrum, must be understood cum grano salis. Not that all Measures should be of equal capacity, or content with the Standard: but according to the Standard, which Expositors expound to be meant secundum assisam vel proportionem, which Mr. Lion by no means will grant. So Roger de Hugden  doth expound; una mensura vini & cervisiae, that is, saith he, secun●●● 〈…〉 saith, unum pondus, that he expound; to be secundum diversitatem mercaturarum: So the pound Troy, and the pound Aver du pois are one, although they di●●er as four to 5; so likewise Magna Charta saith, One Measure, one Weight, one Yard; yet we know 〈◊〉 that are apt to shrink are measured by the Ell, which is the proportion of 5 to 4. so when Magna Charta, and these Statutes do say, One measure of Corn and Wine, i● must not be understood one secundum capacitatem, but one as it is expressed secundum quarterium Londini, razed and stricken, which is as all Artists do observe the proportion of 28 to 33, as appears in the Treatise called, The cry of the Oppressed.  
Mr. Lion will needs make us believe likewise that 11. Hen. 7. cap. 4. speaks for his Standard, and no other; which is most ridiculously absurd; for why then was that Standard Gallon and Bushel, and all Bushels and Gallons made by it broken and damned the next year, viz. 12. H. 7. c. 5 when the now Exchequer Gallon was made, and it is yet more evident, That the Wine Gallon was then the Standard Gallon, for that in that Act it is provided, That the liquid or water-measure on shipboard to be used was to contain 5 pecks of the Standard, that is 5 pecks Wine-measure, as the Liquid or Waterside Bushel used at Bear-key, and Brooks wharf, which is called the Winchester and common-bushel, holdeth ten Gallons wine-measure, which is 5 pecks of-the Wine-Standard, and not 5 pecks of the now-Standard in the Exchequer, which then would be a very exceeding great Bushel, as is evident.  
The now Exchequer Gallon was never made or placed in the Exchequer until 12. Hen. 7. cap. 5. and then, and not till then was made a Standard-Gallon for Dry things only. In Haec Verba: Wherefore the King our Sovereign Lord, by the assent of the Lords spiritual and temporal, and the Commons in this Parliament assembled, and by authority thereof ordaineth, establisheth, and enacteth, That the measure of the Bushel contain 8 Gallons of Wheat, and every Gallon 8 li. of Wheat of Troy-weight, and every li. contain 12 Ounces of Troy-weight, and every Ounce contain 20 Starlings, and every Sterling to be of the weight of 32 Wheat corns in the midst of the ear, according 〈…〉 old Law of the Land: which old Law saith expressly that 8 li. of Wheat of Troy-weight shall make a Gallon of Wine: So that according to the letter of this Act, this is but a confirmation of the old Standards, which were the Troy-weight and Wine-measures, ut superiùs; and therefore a sufficient wa●●ant for your Worships to use the Wine-gallon,  
Note: This Statute proceeds, and saith; And that it pleaseth the 〈…〉 bushel and a Gallon after the said Assize, to remain in his said Treasury for ever. Note, It is not said according to the old Laws and Statutes of the Realm as is afore-declared, but after the said Assize, viz. for Dry things: the which this Bushel and Gallon was to measure in Markets, etc. as is at large set forth in the Supplement to the Treatise, called, The Cry of the Oppressed.  
Thus I have made it appear, that the Troy-weight and Wine-measure were the Standards in the Exchequer until the Statute 12. Henry 7. cap. 5. which also confirms them as above is proved, and yet for the preventing of mistakes in sizing of Bushels and Gallons which are half-pecks to be sent to Markets, etc. The Wine-gallon which was the facto the Standard in all ages, until the 12. Henry 7. and is now de jure by the letter of that Act the Standard of England, was thence removed, and this Gallon for dry things only (which Mr. Lion m●kes a Gallon for Liquids' and Dry things) there placed, for the preventing of mistakes in sizing of Bushels and Gallons to be sent down into the Countries.  
I proceed to Mr. Lions Second Undertaking, which is to prove, That the Cooper's Barrels are, and must be made according to the Exchequer Gallon, or Standard.  
That they are made by that Gallon is such a notorious untruth, that I will no● take the pains to disprove it. But whether they must be made by that Gallon, is the grand and only question.  
By the 23. Hen. 8. cap. 4. It is ordained and enacted, That every Barrel for Beer shall contain 36 Gallons, every Kilderkin 1● Gallons, etc. of the King's Standard Gallon, etc. But there is no other Standard Gallon, saith Mr. Lion: Ergo. It's confessed, if a man reads no more of that Act, a learneder man then Mr. Lion might construe it to be understood of the King's Standard Gallon of the Exchequer; as was Mr. Oughtred, a man whom I admire for his universal skill in all Arts and Sciences. But if Mr. Lion be willing to correct his mistake, and be desirous to be satisfied by what Gallon the Cooper's do and must m●ke their Barrels, he must read the latter part of the Statu●e (viz.) that clause; It is enacted that every Cooper that hereafter shall make any Vessels specified in the said Act, shall from the feast 〈…〉 ●●●ntecost next coming make every such vessel according to the Assize mentioned in the Treatise called, Compositio Mensuratum: that is to say, Every Barrel for Ale shall contain 32 Gallons of the said Assize, whereof 8 Gallons make the common Bushel.  
No●e: This clause is like a Hand to point out by what Gallon the Barrels are to be made. viz. By the Cooper's great Gallon of 288 Cubical Inches ¾ for the common Bushel which at this day is in the Exchequer, contains 8 Gallons accor●●●● 〈…〉 8 Gallons according to the Standard-gallon, which contain 272 Cubical Inches, 8 Gallons of which makes the Standard Bushel, which at this day is in the Exchequer likewise. Neither must it be understood by the Common Bushel, the Standard Bushel; for then this clause would signify nothing, but be a Tautology: and therefore the Cooper's whom this clause principally concerns, and who by this Statute are made the Judges of the Content of all Vessels made, by virtue of this Act; and to whom, by this Act, the Sizing and Gaugeing of all Vessels is committed, and for that end have sworn Gaugers and Sealer's appointed, do understand it of the Gallon containing 288 Cubical Inches ¾, and no other, which in the Statute 31. Eliz. cap. 8. is called the Standard appointed and allowed for Beer and Ale, of which Standard or Gallon Mr. Lion by no means will take any notice. And the Gallon, viz. the Winchester, agreeth with the Cooper's Scantlings, as is cleared in the Treatise, called, The Cry of the Oppressed, etc.  
Further, by no Law your Worships, nor yet any Gauger general, are made the Judges of the Content of the Beer-barrel; and therefore for you to judge any thing to be a Barrel of Beer or Ale other then what agreeth with the Cooper's Scantlings (Pardon my boldness) such judgements of yours are void in Law, and reversable; because coram non judice: the Master and Wardens of the Company of Cooper's being the sole Judges of the Content of a Barrel of Beer or Ale, and that by 23. Hen. 8. cap. 4.  
But that your Worships should be fully satisfied in a point of such grand concernment to the State and People, I shall make it appear, that the Excise is to be paid by that Gallon, containing 288 Cubical Inches, ¾, and no other; and that by a Proviso of that Ordinance of Parliament made 17 Octob. 1643. where it is ordained, That no Brewer, or Retailer of Beer, or Ale, Perry, Cider, etc. shall take any more in the price thereof, upon the sale of the same commodities, then according to the usual rates and prices appointed by Law for the same (excepting only the rate for Excise) as they will answer their contempts herein to both Houses of Parliament.  
In which Proviso your Worships may observe two things: 1. That the Brewers are to take but the Rate of a Barrel of Beer or Ale Annually set by the Justices, which is this year at ten shillings the Barrel, except it be 2 s. & 6 d. per Barrel for the Excise: This rate is set upon the Cooper's Barrels, sealed, marked, and sized according to the Statute, which are made by the Cooper's great Gallon, containing 288 Cubical 〈…〉 8. cap. 4. the Brewers are to sell by no other, therefore he must collect his Excise by them also; and therefore consequently must be gauged by that Gallon, whereof 36 Gallons make that Barrel, which is the Gallon containing 288 Cubical Inches ¾.  
2. The Victualler or Retailer of Beer or Ale, by 1 Jac. cap. 9 is to sell a full Ale-quart of the best Beer or Ale for a penny, and by this Ordinance he is to take no more than the Excise of that Quart; so that the Victualler is to take his Excise by that Gallon which corresponds with the Ale-quart, which is by all Artists called, the Ale, or Winchester Gallon; and consequently he must receive his Beer and Ale by the same measure, and consequently the Brewers must be Gauged by that Gallon, whereof 4 full Ale-quarts make the Gallon: Quid pleniùs aut planiùs?  
Thus I have, as I humbly conceive, vindicated your Worships from that pitiful scandalous Libel of John Lion, who in his Title page saith [Written in behalf of the Commonwealth] when as it is clear, that Paper doth cast a very great aspersion upon the Commissioners of the Commonwealth for Excise, as if they had betrayed their trust in Gaugeing by all 3 Gallons, when as he saith, The Exchequer Gallon is the Standard Gallon for all Liquids and dry things: So that in effect he doth charge your Worships of cheating the people of this Nation, by Gauging most Liquid things; as, Wine, Oil, Soap, Strong-waters, etc. by the Wine-gallon, containing 231 Cubical Inches, when as he saith, they ought to be Gauged by the Exchequer Standard Gallon, containing 272. He chargeth likewise the Master and Wardens of the Company of Cooper's, and their sworn Gaugers and Sealer's, of Knavery and perjury, for m●king, sizing, and sealing Barrels that hold some 38, some 39 of his Standard Gallon. He chargeth also the Master and Wardens, and Company of Brewers of Selffishness and dishonesty, for selling 38 Gallons of the Exchequer, whereas he saith, they ought to sell but 36 of those Gallons to the Barrel.  
Thus John Lion, as bold as a Lion, hath scandalised 3 Worshipful Orders and Societies of men, in his most absurd Libel; which can be no less than Crimen lesae Majestatis, and therefore aught to be punished as a Libeler; and to have his impudent forehead Branded with the Letter L, whereby he may be known to be a Libeler, as well as a beast of Prey John Lion.  Pudent haec opprobria vobis, dici potuisse & non potuisse re●elli. 
FINIS.