THE CASE OF THE BREWERS In Relation to the BILL Entitled an Act, &c.  
IT is observable, that no Trade in England is subject to such Penalties and to such severe Methods of Prosecutions for them, in a summary way without trial by Jury, as Brewing: and it is further observable by Experience, that great or multiplied Penalties seldom or never answer the end for which they were designed: That no Tax or Duty payable to the Crown, hath more ample and prudent Provisions already for its full Receipt, than the Excise upon Beer and Ale; that the increase of Laws of this kind can only give further trouble and vexation to the Brewer, but never augment the Revenue: that it may weary the Brewer out of his Trade and make House-keepers to Brew for themselves, and consequently lessen rather than increase the Duty.  
This Bill as to this matter cites three things, in which it is mistaken in the Fact, and upon those Mistakes it makes these new Provisions.  
I. That in all Party-Guiles, the Brewer shall declare what Quantities are designed to be Strong and what Small, &c.  
If this be past, they must almost unavoidably incur the Penalty, because the Gaugers differ themselves, and a Barrel sound more by the Gauger than was declared incurs a Pain; and before hand it is impossible to be known how the same will rise; 'tis hard for two Gaugers to agree, much less for the Brewer to declare before hand what the Gaugers Account will be afterwards; and 'tis their practise to compare together and charge the Brewer with the highest.  
II. That the Gauger shall continue while the Guile is Brewing, cleansed and carried our, under pain, &c. This is to make the Brewer not a free Engliskman, but always under Guard in his own House; 'tis to subject his Goods and Property to Fire, Theft and other Accidents, the meanest of People being employed as Setters: 'tis useless, because when cleansed and carried ou● no true gage can be, for the Waste which happens and other Accidents, make the Quantity less than while in Wort: 'tis useless, because they have now a liberty of coming by day or night, and they now gage eighteen or twenty times in a Brewing; and the Brewer cannot already carry out but in the day time, so that continual lodging in their Houses, is only to vex the Trader not to serve the Crown; and a Brewing is three days till carried out, and then two Guiles a Week subjects them to the constant Company of these temptable Wretches, who serve for 18d . per Diem.  
III. It forbids using any Drink returned; which in vast quantities they are forced to receive back from insolvent Customers, and this makes the same Beer pay a double Duty and a Penalty too.  
IV. It empowers them to summon Servants to give Evidence against their Masters, which must be a great temptation to idle Servants which are turned off, to accuse their Masters; and it seems unnatural in Cases where there is no Trial by a Jury, as other Englishmen upon Penal Laws have.  
V. It Repeals Two Laws, which were made to prevent Overcharges upon Brewers, and are founded upon Justice and Equality; that Right may be done between the King and Subject, in requiring them to leave Notes at the time of Gauging with the Brewer under a pain, now the Penalty is taken off, and they are only to give Notes 〈◇〉 days after: thereason is not good, viz. because there are several Gauges necessary, for the highest is almost the Charge, and no inconvenience to an honest Gauger arises by the former Laws; and the Brewer cannot convince the Gauger of a mistake, but while the liquour is there by a review or new gage; and to disprove it afterwards before the Commissioners is almost impossible, because the Brewer is required to swear that he was by all the while, and that none was stolen. These and many more Inconveniencies will be the consequence of this Bill: Wherefore it is hoped that the said Bill shall not pass.  

These following Penalties( amongst others) are already upon the Brewers.  

12 Car. II. ch.  For not entering Weekly, and for every false Entry he forfeits 15l. besides the loss of the Allowance for Six Months.  

23.5l. th. 24. 10l.  For Non-payment every Week, he forfeits double the value of the Duty.  

1. Car. II. 2 Car. II. ch. 23. 5l.  For a Denial of Entrance to the Gauger, or not letting him enter and gage and view and search in all places, forfeits 15l. if any Drink be carried out, and also double the Duty.  

●h. 24. 10l. 15 Car. II. 50l.  For making use of any private Store-house, Cellar, or place for laying Drink in Casks, or using any private Back, Copper, Cooler or other Vessel, he forfeits 50l.  
And any person that shall suffer them, or in whose House they shall be sound, forfeits 50l.. and all the Vessels and Drink are also forfeited.  

15 Car. II. 20s.  For carrying out any Drink but at set hours, he forfeits 20s. a Barrel.  

●5 Car. II. 20s.  For mixing Strong Beer with Small, he forfeits 20s. a Barrel.  

15 Car. II. 20s.  For concealing or hiding any Drink before it be Gauged, or from the sight of the Gauger, he forfeits 20s. a Barrel.  
So that it appears, an abundant care is taken to prevent the Crown being defrauded, great Penalties are upon the Brewer that shall do it: and tho it may be pretended that all these Penalties are not sufficient to prevent Frauds and Ill Practices; It is presumed that these are enough or none will be so, and the miscarriages of some are not to be imputed to all.    

The Brewers Case.