<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
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<DATE>2014-04-30</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140220.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B18637">
<STC T="W">C1023B</STC>
<STC T="G">816.m.12[66]</STC>
<STC T="C">R220747</STC>
<BIBNO T="umi">99885117</BIBNO>
<VID>190223</VID>
</IDG><!-- alt.stc G816.m.12[66] --><!-- alt.stc CR220747 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="appeal">
<PB REF="1" MS="y">
<HEAD>THE CASE OF THE BREWERS In Relation to the BILL Entitled an Act, &amp;c.</HEAD>
<P>_IT is ob&s;ervable, that no Trade in <HI>England</HI> is &s;ubject to &s;uch Penalties and to &s;uch &s;evere Methods of Pro&s;ecutions for them, in a &s;ummary way without Tryal by Jury, as Brewing: and it is further ob&s;erv|able by Experience, that great or multiplied Penalties &s;eldom or never an&s;wer the end for which they were de&s;igned: That no Tax or Duty payable to the Crown, hath more ample and prudent Provi&s;ions already for its full Receipt, than the Exci&s;e upon <HI>Beer</HI> and <HI>Ale;</HI> that the increa&s;e of Laws of this kind can only give further trouble and vexation to the <HI>Brewer,</HI> but never augment the Revenue: that it may weary the <HI>Brewer</HI> out of his Trade and make Hou&s;e-keepers to Brew for them&s;elves, and con&s;equently le&s;&s;en rather than increa&s;e the Duty.</P>
<P>This Bill as to this matter cites three things, in which it is mi&s;taken in the Fact, and upon tho&s;e Mi|&s;takes it makes the&s;e new Provi&s;ions.</P>
<P N="1">I. That in all Party-Guiles, the <HI>Brewer</HI> &s;hall declare what Quantities are de&s;igned to be Strong and what Small, <HI>&amp;c.</HI></P>
<P><MILESTONE UNIT="An&s;wer."> If this be pa&s;t, they mu&s;t almo&s;t unavoidably incur the Penalty, becau&s;e the Gaugers differ them&s;elves, and a Barrel &s;ound more by the Gauger than was declared incurs a Pain; and before hand it is impo&s;&s;ible to be known how the &s;ame will ri&s;e; 'tis hard for two Gaugers to agree, much le&s;s for the Brewer to declare before hand what the Gaugers Account will be afterwards; and 'tis their practi&s;e to compare together and charge the <HI>Brewer</HI> with the highe&s;t.</P>
<P N="2">II. That the Gauger &s;hall continue while the Guile is Brewing, clean&s;ed and carried our, under pain, <HI>&amp;c.</HI> This is to make the <HI>Brewer</HI> not a free <HI>Engli&s;kman,</HI> but always under Guard in his own Hou&s;e; 'tis to &s;ubject his Goods and Property to Fire, Theft and other Accidents, the meane&s;t of People being employed as Setters: 'tis u&s;ele&s;s, becau&s;e when clean&s;ed and carried ou<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> no true Gauge can be, for the Wa&s;te which happens and other Accidents, make the Quantity le&s;s than while in Wort: 'tis u&s;e|le&s;s, becau&s;e they have now a liberty of coming by day or night, and they now Gauge eighteen or twenty times in a Brewing; and the Brewer cannot already carry out but in the day time, &s;o that continual lodging in their Hou&s;es, is only to vex the Trader not to &s;erve the Crown; and a Brewing is three days 'till carried out, and then two Guiles a Week &s;ubjects them to the con&s;tant Company of the&s;e temptable Wretches, who &s;erve for 18<HI>d. per Diem.</HI></P>
<P N="3">III. It forbids u&s;ing any Drink returned; which in va&s;t quantities they are forced to receive back from in&s;olvent Cu&s;tomers, and this makes the &s;ame Beer pay a double Duty and a Penalty too.</P>
<P N="4">IV. It impowers them to &s;ummon Servants to give Evidence again&s;t their Ma&s;ters, which mu&s;t be a great temptation to idle Servants which are turn'd off, to accu&s;e their Ma&s;ters; and it &s;eems unnatural in Ca&s;es where there is no Trial by a Jury, as o|ther <HI>Engli&s;hmen</HI> upon Penal Laws have.</P>
<P N="5">V. It Repeals Two Laws, which were made to prevent Overcharges upon <HI>Brewers,</HI> and are founded upon Ju&s;tice 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 <HI>Brewer</HI> under a pain, now the Penalty is taken off, and they are only to give Notes <GAP DESC="blank"> days after: therea&s;on is not good, <HI>viz.</HI> becau&s;e there are &s;everal Gauges nece&s;&s;ary, for the highe&s;t is almo&s;t the Charge, and no inconvenience to an hone&s;t Gauger ari&s;es by the former Laws; and the <HI>Brewer</HI> cannot convince the Gauger of a mi&s;take, but while the Liquor is there by a review or new Gauge; and to di&s;prove it afterwards before the Commi&s;&s;ioners is almo&s;t impo&s;&s;ible, becau&s;e the <HI>Brewer</HI> is required to &s;wear that he was by all the while, and that none was Stoln. The&s;e and many more Inconveniencies will be the con&s;equence of this Bill: Wherefore it is hoped that the &s;aid Bill &s;hall not pa&s;s.</P>
<DIV2 TYPE="part">
<HEAD>The&s;e following Penalties (among&s;t others) are already upon the <HI>Brewers.</HI></HEAD>
<P><NOTE PLACE="marg">12 <HI>Car.</HI> II. <HI>ch.</HI> </NOTE>For not Entring Weekly, and for every fal&s;e Entry he forfeits 15<HI>l.</HI> be&s;ides the lo&s;s of the Allowance for Six Months.</P>
<P><NOTE PLACE="marg">23.5l. <HI>th.</HI> 24. 10l.</NOTE>For Non-payment every Week, he forfeits double the value of the Duty.</P>
<P><NOTE PLACE="marg">1. <HI>Car.</HI> II. 2 <HI>Car.</HI> II. <HI>ch.</HI> 23. 5l. </NOTE>For a Denial of Entrance to the Gauger, or not letting him enter and Gauge and view and &s;earch in all places, forfeits 15<HI>l.</HI> if any Drink be carried out, and al&s;o double the Duty.</P>
<P><NOTE PLACE="marg"><HI><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">h.</HI> 24. 10l. 15 <HI>Car.</HI> II. 50l.</NOTE>For making u&s;e of any private Store-hou&s;e, Cellar, or place for laying Drink in Casks, or u&s;ing any private Back, Copper, Cooler or other Ve&s;&s;el, he forfeits 50<HI>l.</HI></P>
<P>And any per&s;on that &s;hall &s;uffer them, or in who&s;e Hou&s;e they &s;hall be &s;ound, forfeits 50<HI>l..</HI> and all the Ve&s;&s;els and Drink are al&s;o forfeited.</P>
<P><NOTE PLACE="marg">15 <HI>Car.</HI> II. 20s.</NOTE>For carrying out any Drink but at &s;et hours, he forfeits 20<HI>s.</HI> a Barrel.</P>
<P><NOTE PLACE="marg"><GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">5 <HI>Car.</HI> II. 20s.</NOTE>For mixing Strong Beer with Small, he forfeits 20<HI>s.</HI> a Barrel.</P>
<P><NOTE PLACE="marg">15 <HI>Car.</HI> II. 20s.</NOTE>For concealing or hiding any Drink before it be Gauged, or from the &s;ight of the Gauger, he forfeits 20<HI>s.</HI> a Barrel.</P>
<P><HI>So that it appears, an abundant care is taken to prevent the Crown being defrauded, great Penalties are upon the</HI> Brewer <HI>that &s;hall do it: and tho it may be pretended that all the&s;e Penalties are not &s;ufficient to prevent Frauds and Ill Practices; It is pre&s;umed that the&s;e are enough or none will be &s;o, and the mi&s;carriages of &s;ome are not to be imputed to all.</HI></P>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="docket title">
<PB REF="2" MS="y">
<P><HI>The</HI> Brewers <HI>Ca&s;e.</HI></P>
</DIV1>
</BACK>
</TEXT>
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