The cry of the Oppressed BY REASON OF FALSE MEASURES: OR, A DISCOVERY OF THE TRUE Standard-Gallon OF ENGLAND; What it is, when, and by whom made, and where it ought to be found. By which, the Assizes of Wine, Ale, and Corn, are to be justly known, according to the proportions they bear to the Standard-Gallon. This Standard being not known to the Commissioners and Farmers of the Excise of Beer, and Ale, in London, etc. As appeareth by their Non-observances of the Assizes of Beer and Ale, giveth a just occasion of the Brewer's third Grievance complained of to the Parliament. Lineae recta est tam mensura sus quam obliquae. London, Printed in the year, 1659. To the right Honourable the Committee of PARLIAMENT for 〈◊〉 Right Honourable! FAlse Weights and false Measures are an abomination unto the Lord: So Solomon that Oracle of Wisdom, and mirror of Justice, Prov. 11. ver. 1. If so as in the Hebrew; a Stone and a Stone, an Ephah and an Ephah, a Hin and a Hin, or a Gallon and a Gallon be an abomination unto the Lord; Surely than they must be abominated by your Honours who are the Lord's people. Unum pondus & una Mensura ●it per totum Regnum nostrum: So saith Old Magna Charta, and doth not the great Charter for heaven say the same, Deut. 25. ver. 13, 14, 15. Thou shalt not have in thy bag divers weights, a great and a small, thou shalt not have in thy house divers measures, a great and a small, but thou shalt have a perfect and just weight, a perfect and just measure shalt thou have. Worthy Sirs! That the Brewers of London should be gauged by the Gallon containing 272 Cubicall-Inches, which is the Corn-Gallon, and yet be enforced to sell their Ale and Beer by another, viz. the Ale-Gallon containing 288¾ Cubicall-Inches, their loss being thereby in the Excise 7000 l per annum: Surely this must needs he jugeed by all m●n a very Horrid oppression (except it be by the Commissioners and farmers of Excise, who have vowed to judge for their own profit, although it be to the ruin of all the good people of the Nation) especially when as the Brewers by this pretended over-measure gain nothing, but lose the Principal. But as it must not be thought that our Supreme Magistrate can do any wrong; or that 〈◊〉 revenue is so mean, as to be augmented by the farmer's rapine▪ so it cannot be imagined but that the intention of 〈…〉 the Parliament was always so honourable, that they never meant that the Officers of the Excise should account with the Brewers by a measure so contrary to the established practice; which were to bring a snare in a moment upon all the Subjects of this Nation 〈◊〉 much less can we ever conceive, that ever a Parliament which is the Fountain of Justice, should so far Patronise injustice, as to confirm such an oppression by a Law, in full assurance therefore that your Honours will grant us relief in this particular, we crave leave to subscribe ourselves your Honour's most humble and faithful servants, 〈…〉. But the farmer's Vassals. S. S. J. W. J. B. The true Assize of Beer and Ale; asserted, maintained, and proved by the Statutes, Old Assize-books, and general practice of Artists. IT is the just Complaint of the Brewers, that the Gagers of the Commissioners and Farmers of Excise, do not observe the Assize of Beer and Ale according as they are commanded to do by the Ordinance of the Lords and Commons in Parliament, made September the 11. 1643. Article XXIII. Because they do not Gauge the Brewers by the right Standard-Gallon, as appeareth by these Statutes following. First, the Ordinance, for Measures made in Incertis temporibus, and Printed amongst the Statutes made the XVIII. Anno Edw 2. by the consent of the whole Realm of England the Measures of our Sovereign Lord the King are made, viz An English Penny, called a Sterling, round and without clipping, shall weigh 32 Wheat-corns, in the midst of the Ear, and XXd d shall make an Ounce, and 12 Ounces one pound, and 81 shall make a Gallon of Wine, and 8 Gallons of Wine shall make a bushel London, which is the eighth part of a Quarter. Note that by the Old Law these are the weights and Measures of the Realm. By the Act made 12 Hen. 7. Cap. 5. these Weights and Measures in the Ordinance abovesaid are enacted to be Standards in haec verba; Wherefore the King our Sovereign Lord, by the assent of the Lords spiritual and temporal, and the Commons in Parliament assembled, and by the Authority of the same Ordaineth, Establisheth, and Enacteth, That the Measure of the Bushel shall contain 8 Gallons of Wheat, and that every Gallon shall contain 8 pound of Wheat of Troy-weight, and every pound shall contain 12 Ounces of Troy-weight, and every Ounce shall contain 20 Starlings, and every Sterling shall be of the weight of 32 Corns of Wheat that grow in the midst of the ear, according to the Old Law of the Land: Which Old Law is the Ordinance above. The Standard of England. And that it pleased the King's Highness to make a Standard of a Bushel, and a Gallon after the said Assize, to remain in his Highness' Treasury for ever. So that it appears plainly that the Wine-Gallon is the Standard-Gallon. First, for that the Wine-Gallon is expressed in the Ordinance for Measures abovesaid: of which this Act of 12 Hen. 7. Cap. 5. is but a confirmation. Secondly, for that it agreeth exactly with the 8 l of Wheat of Troy-weight, as will appear by an easy experiment; a pound of Wheat of Troy-weight filling exactly the Wine pint. Thirdly, for that it is the least of Gallons, and therefore the very Exemplar by which all Measures are to be made, both of dry things as Corn, 〈◊〉 etc. And Liquid things, as Ale and Beer according to the proportions they bear to itself: Fourthly, for that it measures all things measurable whatsoever. First, it measures all Liquids whatsoever; as Soap, Oil, Strong-Waters, Cider, Perry, Metheglin, Honey, Wines of all sorts, etc. Secondly, Ale and Beer, with a respect to the diversity of the Liquors. The which diversity will be made appear plainly by this discourse following: And the reason of the diversity. Thirdly, All sorts of dry things as Corn, etc. with a respect to the diversity of the said dry things, the dry things lying hollow in the Bushel, the which being shaken, will sink down to Wine measure, therefore it's but reasonable that the Measures of dry things should be made with the proportion of 28 to 33. Their hollowness in the Measure making that diversity from the Wine Measure. And doth not Roger de Hugden in his Annals, pars posterior, page 774 affirm as much saying. Assisa de Mensuris, sacta per Richardum Regem Axgliae Anno 1198. Corstitutum est, quod omnes Mensurae totius Angliae sint ejusdem quantitatis, tam de Bladiis, quam de leguminibus & rebus consimilibus; Mensura etiam vini & cervisiae & cunctorum liquorum sit ejusdem quantitatis, secundum diversitatem liquorum; Pondera & librae, & cet●●a Pesiae sint ejusdem quantitatis, in toto Regno Secundum diversitatem. Mercaturarum: Is not the pound Troy, and the pound Averdupois, one and the same weight in effect; only the over weight of the Averdupois is allowed for the garble and filth that is in the Merchandise and other things that it weigheth, so that abstracting the garble and filth that is in the commodity, the thing itself is but the Troy weight. Is it not so between the Wine Measure and the Ale Measure; is not the Ale Gallon bigger by the one fifth part then the Wine, because of its foulness in working, yeast, and frothing, so that in effect abstracting the yeast of bottom and top, there remains nothing but Wine-Measure: About 40 years after, by the Statute of 23. Hen 8 cap. 4. it was Enacted, That every Barrel of Beer shall contain 36 Gallons, every Kilderkin 18 Gallons, every Firkin 9 Gallons of the King's Standard Gallon. And that every Barrel for Ale shall contain 32 Gallons, every Kilderkin 16 Gallons, etc. of the King's Standard-Gallon: So that they shall be of good and just measure, or else above, and not under. And it is further Enacted by the said Authority, that every Barrel for Soap empty shall contain 31 Gallons & above, and to be in weight 26 pounds and not above, Note the Soap Farrel is made exactly by the Wine Gallon. of full and just measure and not above: and every half Barrel empty, etc. The same Act of the 23 Hen. 8. further provideth, and explaineth what is meant by those words, 36 Standard Gallons or above (towards the end of the 4 Cap. of that Act) It is Enacted, that every Cooper which shall hereafter make any the Vessels specified in the said Act, shall from the Feast of Pentecost next coming make every such Vessel according to the Assize specified in the Treatise called Compositio Mensurarum, viz. Every Barrel for Ale to contain 32 Gallons of the said Assize, or above; Of which 8 Gallons make the Common Bushel to be used in this Realm: Every Kilderkin 16 Gallons, etc. So that this Proviso must either conclude the body of the Act, or explain the Act itself, so as to make it appear, by what Gallon the Brewer's Barrels are to be made. True it is, there was made in Hen. the 7th time, a Standard-Bushel, and a Standard Gallon, according to the Assize for dry things, as Corn, etc. By which the Bushels and Gallons of Market Towns was to be sized and made. There was likewise made at the same time the common Bushel all which Measures are at this day in the Exchequer. This common Bushel is bigger than the Standard-Bushell ●or Corn by one 18th part, so that it holds 8 Gallons according to 288¾ and not according to 272 Cubicall-Inches, 8 Gallons of which make the Standard Bushel for Corn, etc. So that the Cooper's Barrels are to be made according to the Gallon containing 288¾ cubical Inches, of which 8 Gallons make the common Bushel to be used in this Realm. So that by the Standard-Gallon in the body of the Act cannot be meant the Gallon containing 272 Cubicall-Inches: So as to that Gallon this Proviso doth not conclude the body of the Act. 2. This proviso explaineth what is meant by the Standard-Gallon in the Body of the Act. And necessarily concludeth the Wine-Gallon, to be the Standard-Gallon there mentioned: for this Common-Bushell is the same with the Winchester-Bushell: The which Bushel Holdeth 〈◊〉 Ale-quarts, or Winchester-quarts. And it is the same with that Bushel mentioned in the 11 Hen. 7. cap. 4. Which there is called the Water or Liquid Measure. The which Water-measure is to contain five pecks of the Standard, raised and stricken; that is five pecks Wine-measure; so that it appeareth by that Statute, that the Wine-Gallon is the Standard-Gallon. For that 10 Gallons Wine-measure, make 8 Gallons Water-measure, wh●ch is the Common-Bushell, or Winchester-Bushell used in all places, throughout this Realm, on the Water, or Shipboard. So that it concludeth the Statute, and explaineth what is meant by the Standard-Gallon, in the body of the Act. viz. The Wine-Gallon by which the Cooper's barrels are to be made. As appeareth. 23. Hen. 8. cap. 4. But yet with a respect to the assize, specified in the treatise called Compositio mensurarum. Which Treatise is now not to be found (Tempus edax rerum) hath swallowed it up. But the Assize is still kept up by tradition of the Cooper's in their Scantlings for their barrels, their Scantlings for Beer and Ale, being nothing but an Addition of a fifth to Wine-measure; which is called Ale-measure, and by some Winchester-measure. Now all the Artists in London do agree; That the Wine-Gallon contains 231 Cubical Inches, or thereabouts, Mr. Newton grants the Wine-Gallon to contain 231 cubical Inches. to which if you add a fifth. viz. 57 ¾, it makes 288 ¾ Cubicall-Inches; which is the Content of the Ale Gallon. And these 288 ¾ Cubicall-Inches agreeth punctually with the Cooper's scantlings. And this agreeth likewise with the Ale-quart, which is the quart part of the Ale-Gallon. The which Ale-quart is mentioned in 1ᵒ Jac. Cap. 9 Where it is enacted that the Innkeeper, Ale housekeeper, or Victualler, shall not sell less than one full Ale-quart of the best Beer or Ale for a penny. This Ale-quart likewise is mentioned in the Statute of the Pillery. Made 51 Hen. 3. Where it is enacted, that when a quarter of Barley is sold for 2 shilling, than four quarts of Ale shall be sold for one penny. This Ale quart is at this day in the Exchequer; and it is one fourth bigger than the Wine-quart, this Ale-quart by the consent of all Artists, doth contain 72 ¾, which is the fourth part of 288 ¾ which is the content of the Ale-Gallon by which the Victualler ought to receive his Ale and Beer, and by which he must sell the same. This, all the books of Assize call the Ale-measure, and sometimes Winchester-measure; and this Ale-quart, or Ale-measure was made one fifth bigger than Wine, because of its foulness in working, yeast and froathing, as Mr. powel speaks in his book of Assize. The Gallon by which Mr. Lion gageth the Brewer's Tuns is not the Wine-Gallon, M Lyon is the Gager general to the Farmers. therefore not the Standard mentioned in the Act, therefore not the Standard of England, for it holds as he himself affirms, 272 Cubicall-Inches, which is bigger than the Standard-Gallon by 41 Cubicall-Inches and less than the Ale-Gallon by one eighteenth part. This Gallon was never used for the Ale-Gallon, until Mr. Lion but a Novice in the Art of Gauging, mistaking the Standard-Gallon, took that for the Ale Gallon, which was made for no other end but to be a measure by which the bushels to measure corn, should be made; for if that were the Standard-Gallon, as Mr. Lion by a mistake so calleth it, and the Commissioners and Farmers in their answer do affirm and assert to be: then all Bushels and Gallons of Towns Corporate, which do not agree with it, aught by the Act of the 12 of Hen. 7. cap. 9 to be broken. So that then likewise the Wine-Gallon itself must be broken, because it containeth 41 Cubicall-Inches less than the Corn-gallon, which Mr. Lion calleth the Standard-Gallon. The mistake of which Corn-Gallon for the Standard-Gallon occasioned learned M. Oughtred to affirm the Ale-Gallon to contain but 272 Cubicall-Inches, and that contrary to the opinion of M. Gunter, M. Goodwin, M. Reynolds, M. Bond, and all the ancient and late Artists and Mathematicians of England. For as learned Mr. Graves Professor of the Mathematics in the University of Oxford, in his Treatise of Denarius observeth; That there are three Standards in this Nation the Standard of the Tower which agreeth with the Wine-Gallon, the Standard of Winchester which agreeth with the Ale-Gallon, the Standard of the Exchequer which agreeth with the Corn-Gallon. So Accurate Mr. Phillips in his late Treatise of Gauging of Vessels observeth that there are in use 3 sorts of Measures; The measure for Wine ' being 231 Inches, the measure of dry things as Corn, etc. being about 272 Inches, and the measure for Beer and Ale being about 288 Inches ¾ the proportion between these three Gallons he observeth to be 28 33.35. And so concludes the proportion between the Wine and Ale. Gallon to be as 4 to 5. The which he proveth by the London Cooper's Scantlings for a Beer barrel after this manner. The Diameter at the head— 19 Inches 9 parts The Diameter at the Bung— 23 Inches 0 parts The Length is— 27 Inches 4 parts Which being cast up yields— 36 Gallons and 140 parts over, according to 288 ¾— So that the B●er-barrell agreeth exactly with the Rule of Proportion aforesaid between the Wine-Gallon, and the Ale-Gallon, which is as 4 to 5. The said M. Phillip's concluding that the Rule of Proportion of 4 to 5 agreeth very well with the Cooper's and Brewers, who are most concerned herein, and would not willingly lose so much over-measure as Mr. Oughtred and Mr. Lion's Rules intimate, but would rather if they had any truth in them, be ready to follow them for their own advantage for thereby the Cooper would save his Timber, and the Brewer his over-measure. These are to certify that the Brewer's Tunns ought to be gauged by the Cooper's sealed beer barrels, being accounted but 36 Gallons & so the Gallon to contain 288 Inches three quarters: This we Artists and Gagers testify under our hands. John Reynolds Henry Bond, Charles Salionstall, Richard Cudwoorth, John Hayes, Thomas Thoreslie, Sammuell Warr, John wale, Thomas Rise, John Leake, Robert Hulbert, John Jennings, Baptist Hutton. If the●● Brewers must use no beer Barrel but such as are sealed at Cooper's Hall; ought not then Brewers Tunns to be Gauged accordingly. Besides the Beer being hot ready to cleanse will sink being cold at least 5 per cent. ought not this to be taken into consideration. Psalm 12. ver. 5. For the oppression of the poor, for the sighing of the needy: Now will I arise saith the Lord, I will set him in safety from him that would ensnare him. A Supplement To the Treatise called the Cry of the Oppressed, by reason of False Measures: Or, an Answer to John Lion's Remonstrance, delivered in, to the Honourable the Commissioners for bringing in the Areares due to the Commonwealth. May it please your Honours, IN the beginning of Mr. Lion's humble Remonstrance, there is a bold and impudent falsehood offered unto your Honours, so that as the Proverb hath it, Ex ungue Leonem, that a Lion is known by his Paw; So likewise, this discourse having a falsehood in the Preface of it; may justly be judged to be composed of Sophistical fallacy, and impudent falsity; So that instead of commendation from your Honours, as he expects, and foolishly prays for, at the end of his Remonstrance, he ought to be severely punished for his mis-informing the Parliament, the Supreme Authority of the Nation, by suggesting a notorious falsehood unto your Honours, whose Authority you represent. In his Preface he saith in the Office at Broad-street in the year 1656. he found two different Gallons, The one made and placed there, and of use in that Office from the beginning of the Excise, having the Guild Hall mark and stamp on it; The other placed in that Office, with the name of John Reynolds thereon. That these two different Gallons were placed in that Office, is not to be denied: But that that Gallon with the Guild-Hall mark or stamp on it, was in use to Gauge the Brewer's Tun from the beginning of that Office, or that the Brewers paid Excise by that Gallon is a notorious untruth: For that M. Winstanley who was the Gauger general of that Office, and introduced that Gallon made by the Guild-Hall Standard, which is the same with the Exchequer Gallon, for which M. Lion contends. Did never Gauge the Brewer's T●nns by that Gallon, but by the Solid Cubical foot, he r ckoning six Cubical feet to the Beer bar●ell, which agrees exactly with the Gallon made by M. John Reynolds (an excellent Artist, and John Lion's master) which is the Gallon the Brewers contend for. The which Gallon agreeth with the Cooper's Scantling for the Beer barrel. This agreeth likewise with the Winchester or Ale quart Eight Gallons of this makes the common bushel, which is the Winchester bushel used in this Land. As is made plainly to appear, by that Treatise called the Cry of the Oppressed, etc. So that the Exchequer Gallon was never made use of by M. Winstanley in that Office to Gauge the Brewer's Tunns, or ever practised by any Artist for Gauging of Ale or Beer, until M. Lion came into that Office in 1656. All which M. John Hayes (an Artist nominated in his paper (can testify. M. Lion proceeds in the commendation of himself, and to the justification of his most wicked innovated oppression, And saith. These two different Gallons put him upon a further search into the Legality of the Gallons, than any of his praedecessors did. He saith, in his search he found by the Statute of 23. Hen. 8. Cap. 4. That the Barrels were to contain 36. Standard Gallons, etc. And further saith that he found by the Statute of the 12. of Hen. 7. Cap. 5. That there was a Standard Gallon to remain in his Highness' Treasury, and therefore he, by the appointment of the Commissioners of Broad-street, did go to the Exchequer, and by that Standard Gallon did exactly make this Gallon, by which he Gaugeth the Brewer's Tunns, and so concludes that therefore his Gallon, is the Standard Gallon mentioned in the Act 23. Hen. 8. Cap. 4. and by which the Brewer's Barrels must be made, and consequently, by which their Tuns must be Gauged. This is the strength of his Argument, in which your Honours may observe an apparent Fallacy, as well as in his Preface a notorious Falsity, his Argument is but this. The Gallon in the Exchequer is the King's Standard Gallon. The Cooper's Barrels must be made by the King's Standard Gallon. Ergo, The Cooper's Barrels must be made by the Exchequer Gallon. This is a syllogism in the second figure, and all Affirmatives, and therefore a Paralogism, as is a nother like it. Asinus habet Aures, Lion habes Aures, Ergo, Lion est Asinus. The Fallacy of which Argument we thus make appear unto your Honours. First, by the Letter of the Act of the 12. of Hen. 7. Cap. 5. The Exchoquer Gallon is not the Standard Gallon; for that Act doth say expressly, That 8 pound of Wheat Troy weight, shall make that Gallon according to the Old Law, which Old Law saith, totidem verbis, That 8. pound of Wheat of Troy weight shall make a Gallon of Wine, As by a ready experiment will easily be made appear, A pound of of Wheat of Troy weight, filling exactly the Wine pint; Whereas this Exchequer Gall●n holdeth above 9 pound of Wheat of Troy weight. So that according to th● Letter of the Law, the Exchequer Gallon is not the Standard Gallon. Secondly, By the equity of that Act, this Gallon M. Lion contends for was made a Standard Gallon for dry things, as Corn, etc. And therefore according to that Assize it is made with its due proportion to the Wine Gallon, which all Artists observe to be the proportion of 28. to 33. The reason why it was there placed, was for preventing of mistake in sizing of Gallons and Bushels, which were to be sent down into Market Towns, nominated in a Schedule to that Act annexed, for if they should have gone to have made their Gallons and Bushels by the Wine measure, they would have been very apt to have mistaken in the true sizing of them according to the proportion of dry things to the Standard Gallon. Thirdly, By the equity of that Act, The Standard for Beer and Ale was likewise made, and is now at Cooper's Hall, and it is called the Liquid or Water measure, which is provided for; by that Act of the 12. Hen 7. Cap. 5. and the 11. of Hen. 7. Cap. 4 which is, by the express words of that Act, the proportion of 5. to 4. so that Statute of 11. Hen. 7. Cap. 4. Provides that the water measure, shall hold 5. pecks of the Standard razed and stricken. And this Standard Gallon for Beer and Ale is mentioned in the Statute 31 Eliz. Cap. 8. and there called the Standard Gallon, appointed and allowed for Beer and Ale; All this will plainly appear to your Honours, if you diligently read and compare the Statutes made the 11. Hen. 7. Cap. 4. and 12. Hen. 7. Cap. 5. with 31. Elizab. Cap. 8. Object. 1. That the Statute 12. Hen Cap. 7. doth say that all Gallons that do not agree with it shall be broken, aswell those that were in the Treasury, as in all places or Towns whatsoever. An. This must necessarily be understood of the measures fordry things, 〈…〉 wine Gallon, the very foundation of measures, and that which is principally in use, must be broken. And they that use it by that Act of the 12 of Hen. 7. Cap. 5. are to be fined, & severely punished, as by the act appears; so that it's evident, it's to be understood of dry things only which are to be measured in Markets and other places. Object. 2. The 23 Hen. 8. Cap. 4. Saith that every barrel for Beer, shall contain 36 Gallons of the King's Standard Gallon or above, etc. but there is no other Standard Gallon in the Exchequer, Ergo. Answ. That Statute of 23 Hen. 8. cap. 4. doth not mention the King's Standard Gallon of the Exchequer, but only the King's Standard Gallon, which properly is to be understood of the Wine-Gallon, as aforesaid, and as that statute doth import. For that Statute doth say, that every Barrel for Soap shall contain 32 Gallons etc. Which the Cooper's, who are made the Judges of the Content of all Vessels made by virtue of that Act. And to whom, by that act, the sizing and gauging of all Vessels, are committed, and for that end have sworn Gaugers and Sealer's appointed. Do explain it in their Ordinance, that every Barrel for Soap shall contain 32 Gallons of the King's Standard Gallon for Wine; and accordingly do make the Sope-vessels by that Gallon, But if it be granted, that by the Standard Gallon mentioned in the Act 23 Hen. 8. Cap. 4. Be meant the Exchequer-Gallon, for which Mr. Lion doth so much contend, and for which if the Brewers were so selfish, as Mr. Lion insinuates the Brewers are. Then they might likewise contend thereby they might save in this Nation 100000 l per annum, for which over measure they have not one penny. But by that very Act, the Cooper's are commanded to make their Barrels by the Cooper's great Gallon, which agreeth with Mr. Reynold's Gallon now in Broad-street; and that by a Proviso at the End of that Act, whereby it is enacted that every Cooper, which hereafter shall make any vessels specified in the said Act; shall from the feast of Pentecost next coming, make every such vessel according to the Assize, specified in the Treatise, called Compositio Mensurarum (viz.) Every barrel for Ale to contain 32 Gallons of the said Assize or above; of which eight Gallons make the Common-bushell to be used in this Realm. Every Kilderkin 16 Gallons; which Common-bushell holds eight Gallons, according to Mr. Reynolds his Gallon in Broad-street, and the Cooper's great Gallon, containing 288 cubical Inches ¾ as is plainly made appear in the Treatise called, The Cry of the Oppressed. But Mr Lion doth urge his Argument further and saith that these measures of the Exchequer were confirmed by Queen Elizabeth, but names no statute: And by King Charles, at the beginning of this Parliament which confirms the said Measures of the Exchequer, and ordains that any Law usage or Custom to the Contrary Notwithstanding, Wherein he doth very much Impose upon your Honours, and doth us a great injury by concealing the truth, for that very statute doth provide, that notwithstanding any thing in that Act, the Liquid measure shall remain the same throughout the Nation which agreeth with our great Gallon as is aforesaid. Thus We have cleared up (as we humbly conceive) the fallacy of Mr. Lion's Argument. The second thing that he undertakes is to prove that we are not enforced to pay our excise by another, a thing so notoroius and so often proved by all the Artists of London, and by the Master and Wardens of the Company of Cooper's. That we might very well save our labour in disproving of it, which is but actum agere. But lest M. Lion should glory in his folly, fallacies, and falsities as we do understand he doth. This impudent falsity we thus disprove. 1. Whereas he saith that he tried several barrels in several men's houses in his paper nominated, & he found several new barrels sealed, which he tried by his Gallon, which hold but 36 Gallons & a half, & some less, what Barrels those were, he by his rod picked out we cannot tell, for the maintenance of his sowicked an Oppression. But sure we are as he very well knows, that the most of the Barrels in those men's houses did contain 38 Exchequer-Gallons, and so ought to do by the Cooper's Scantlings; otherwise they are not to be sealed by the Sealer's Oath, but to be broken, and the Sealer that sealed them, and that Brewer that sells by them, are punishable by the Statute, 23 Hen. 8. Cap. 4. Secondly, he saith the Brewers in St. Giles, & Westminster, have cut their Gallons & made them equal to the Gallon in the Clerk of the market hands in Westminster, which implies their Gallons were bigger before than the Exchequer Gallon. And what they have done for to preserve themselves from being ruined by his unjust Gage: we cannot tell, but in so doing, we say they have wronged the poor, and by those small measures do grind the faces of the poor, if they have done that which Mr. Lion affirms to be done by them. But Mr Lion must know that the Clarks of Markets, that seal Gallons for Ale or Beer, as they seldom do, & as we humbly conceive, doth not belong to them: They ought to size them by the Ale, o● Winchester Quartfield, four quarts of which makes the Ale-Gallon as is made appear in the Treatise called, The Cry of the Oppressed. The Ale-Gallon, & he, Winchester half-peck being all one. Thirdly, Whereas he doth confess that it is true which Samuel Starling saith, that the Ale Gallon must be made by four Winchester or Ale quarts. But saith that four Winchester or Ale quarts agrees exactly with the Exchequer Gallon; We aver the contrary and say, that four Winchester quarts doth over run the Exchequer Gallon one 18 part. So that we being come to this short issue, we do hope that this controversy will by a quick and easy experiment, be made appear unto your Honours, and put a period to this oppression, and clear up the matter for the future, and the difference of that measure, properly called the Winchester, or Liquid, or Ale measure, from that measure called the Exchequer, be fully understood. M Lyon concludes his Remonstrance with letters of commendation of himself, and his quondam Masters, and our more than Turkish or barbarous Patrons, saying. All which being considered by Impartial ones, surely they will censure the Brewers of selfishness at the least, and undoubtedly they will approve of the Commissioners of Excise therein, in walking and Acting by, and according to the said Standard; And it is hoped by the said John Lion that they will be so far from condemning him, as that they will commend him for discharging his said Trust with faithfulness therein, who made (as he ought) the said Standard Gallon his Rule to walk by in the said Employment. But we do hope and pray that (contrary to M. Lion's Expectation) as your Honours have been instrumental in removing these hard taskmasters; So likewise that you will not so far commend and approve of John Lion, the Introductor and Assertor of so great an oppression; contrary to the practice of all Artists; The Statutes of the Land; the Custom and usage of the Master and Wardens of the Company of Cooper's, who by Law are made the Judges of the content of the Barrel; And that you will not only give John Lion a Quietus est from his employment of Gauger general to the Commissioners in Broad-street; who first of all, he by his false pretences, informations, and suggestions, did induce to take up this most unequal Gage. But also that your Honours will be Instrumental in bringing him principally to such condign and severe punishment as to Justice shall appertain according as this Honourable Parliament hath declared and promised by their Ordinance called Additionall Instructions concerning the Excise, made the 22 of February, 1646. Article the 4. And thereby your Honours shall fulfil the Command of God, Isa. 1.17. Learn to do well, seek Judgement, Relieve or right the Oppressed, Judge the Fatherless, Plead for the Widow.