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<DATE>2014-06-09</DATE>
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<NAME>Mona Logarbo</NAME>
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<ITEM>Proofed and reviewed as part of batch B140412.pdcc.</ITEM>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>The Exchequer GALLON Vindicated To be the true and only Standard Gallon of <HI>ENGLAND.</HI></P>
<P>Again&s;t the unju&s;t calumnies in a <HI>Pam|phlet,</HI> Entituled, <HI>The Cry of the Oppre&s;&s;ed, by rea&s;on of fal&s;e Mea&s;ures.</HI></P>
<P>Written in behalf of the Commonwealth.</P>
<P>Wherein is manife&s;ted, That the Brewers are not forced to &s;ell by one mea&s;ure, and pay Exci&s;e by another, as they pretend they are. But their Ve&s;&s;els are Gauged by that only Standard Gallon which is commanded to be u&s;ed throughout the Nation by Acts of Parliament in force, made by this and many pre|cedent Parliaments; which Gallon by tho&s;e Acts is al&s;o appointed to be and remain for a Standard in the Trea&s;ury or Exchequer for ever; to the end no deceit might be u&s;ed by variety of Mea&s;ures in this Nation.</P>
<P>By <HI>John Lyon,</HI> Profe&s;&s;or of <HI>Mathematicks,</HI> and a Well-wi&s;her of Publique Good.</P>
<P><HI>LONDON,</HI> Printed by <HI>John Macock,</HI> 1659.</P>
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<PB REF="3">
<P>IN the Brewers <GAP DESC="illegible" EXTENT="1 span"> the <GAP DESC="illegible" EXTENT="1 span"> their <GAP DESC="illegible" EXTENT="2 letters">|per directed <HI>To the Right Honorable the Committee of Par|liament for In&s;pection,</HI> they cite <HI>Magna Charta,</HI> wherein they affirm it is &s;aid, <HI>Unum pondus &amp; una men&s;ura fit per to|tum Regnum no&s;trum.</HI> Doth not tho&s;e Acts of Parliament made in the ninth year of <HI>Henry</HI> the III. the &s;eventeenth year of <HI>Edward</HI> the II. the 14, 25, and 27. years of <HI>Edward</HI> the III. the 14, 15, and 16. years of <HI>Richard</HI> the II. the 11, and 12. years of <HI>Henry</HI> the VII. and the 23. years of <HI>Henry</HI> the VIII. provide for the &s;ame thing; and to that end e&s;ta|bli&s;h one Standard Gallon, and al&s;o one Standard for all Weights and Mea&s;ures, to be u&s;ed throughout the Realm, to be and remain in the Trea&s;ury or Exchequer for ever? And to the end that no deceit might be u&s;ed in variety of Mea&s;ures, was not tho&s;e Standards in the Exchequer further e&s;tabli&s;hed by an Act of this pre&s;ent Parliament, in the year 1641. as it is in the 19. Chapter of M^r <HI>Scobels</HI> Collections of Statutes, which is con&s;onant and not con|trary to that Sacred Directory in <HI>Deut.</HI> 25.13, and 14. <HI>ver&s;es There &s;hall not be diver&s;e Weights and Mea&s;ures, a great and a &s;mall, but a perfect and just Mea&s;ure throughout the Land.</HI> Though the Brewers &s;eem to affirm the ju&s;tne&s;s of their complaint, by pretending two different Mea&s;ures, com|plaining they are gauged by one Mea&s;ure, and are forced to &s;ell by another, pretending their lo&s;s in the Exci&s;e of Beer and Ale in <HI>London</HI> only, thereby to be 7000 l. <HI>per an.</HI> whereas they are gauged by that alone Mea&s;ure which is ju&s;tified by Law to &s;ell by; only in policie &s;ome Brewers give greater Mea&s;ure then others, and al&s;o under&s;ell one another in the price of the Barrel of &s;trong drink, on pur|po&s;e to gain each others Cu&s;tomers, out of meer de&s;ign and covetou&s;ne&s;s of Trade, when the Law doth not oblige them thereunto. Be&s;ides many or all of them have no &s;ealed Gallons in their hou&s;es, that they may be at liberty herein.</P>
<P>And whereas in the fir&s;t page of their Pamphlet, it is complained by the Brewers, that the Gaugers do not ob|&s;erve
<PB REF="4">the A&s;&s;ize of Beer and Ale, as they are commanded by the Ordnance of the Lords and Commons in Parlia|ment, made in the year 1643. Article 23. whereby the Brewer is to pay 2^&s; <HI>per</HI> Barrel Exci&s;e, for every Barrel of &s;trong Beer which is made and Brewed.</P>
<P>Surely it is meant &s;uch a Barrel of Beer as is e&s;tabli&s;hed by Law, which Barrel is to contain ju&s;t 36. of the Standard Gallons, or el&s;e above and not under (as it is in the fore&s;aid Act, made in the 23. year of <HI>Henry</HI> the VIII.) By this word <HI>(above)</HI> certainly no unbia&s;&s;ed per&s;on can un|der&s;tand, that Act ever intended the Barrel &s;hould be 37. Gallons, or as much bigger as the Cooper or Brewer plea|&s;es; but the Law provides for the contrary; for it &s;aies in the &s;ame Act, That if any Ve&s;&s;el hold more or le&s;s then 36. Gallons, the Cooper is thereby directed on a penalty, to &s;et the number of Gallons it contains on the out&s;ide thereof; and if it be le&s;s then a Barrel and hath not the number of Gallons on it, the Sealer may burn it.</P>
<P>Be&s;ides for further confirmation of the Exchequer Gal|lon, there hath been tried with water, by that Gallon, di|vers new barrels that are &s;ealed in neer twenty Brewhou&s;es in <HI>London,</HI> and the bigge&s;t of them have not held above 36. Gallons and 3. quarts, &s;ome but 36. gallons and a half, and &s;ome but 36. gallons and a quart, which had they been mea&s;ured by the great gallon which the Brewers contend for, they had held little above 34. gallons; which &s;hews that the Mea&s;ure the Sealer &s;eals the Barrels by, and that Mea&s;ure at Coopers Hall the Brewers pretend they &s;eal by, is not all one, and that the Sealer doth &s;eal by the Exche|quer gallon, or el&s;e tho&s;e Barrels could not be &s;ealed but broke.</P>
<P>And whereas the Brewers are plea&s;ed to cite the 11. of <HI>Henry,</HI> the 7^t^h and 4. Chapter which they &s;ay (in the &s;upple|ment to their book) declares by the expre&s;s words in that Act, the proportion is as 5. to 4. for that the water Mea&s;ure or bu&s;hel &s;hould hold 5. pecks of the Standard, and the
<PB REF="4">common mea&s;ure or bu&s;hel but four pecks of the St<GAP DESC="illegible" EXTENT="1 chunk">, which water mea&s;ure by the &s;ame Statute is only to be &s;old within the &s;hip-board; &s;o it is hereby made manife&s;tly to appear, that Beer and Ale is not to be &s;old by that mea&s;ure, &amp; yet from hence they derive the foundation of their great gallon at <HI>Coopers</HI>-Hall, by dividing tho&s;e 5 pecks into eight gallons or parts, &amp; thereby frame that mea&s;ure they would have called the Ale-gallon: a gallon of which quantity was never e&s;tabli&s;hed by any Law in any place of <HI>England;</HI> be|&s;ides if one bu&s;hel contain 10 gallons, or 5 pecks, and ano|ther bu&s;hel contain 8 gallons, or 4 pecks, yet though the Law doth appoint two different bu&s;hels, that doth not make two different gallons; for there is but one gallon fixed by Law, and that is in the Exchequer, as afore&s;aid.</P>
<P>And for their &s;aying 8 <HI>l.</HI> of wheat makes the wine gallon, Let any judge to what purpo&s;e it is to derive a gallon from the weight of wheat, when all the Statutes before recited fully clear that point, and &s;hew where the Standard gallon &s;hall re&s;ide, to which the whole Nation ought to conform, as doth the gallon in <HI>Guild</HI>-hall <HI>London,</HI> and in all the Cor|porations in <HI>England,</HI> which are fixed there by Law. And can it be pre&s;um'd that gallon in the Exchequer (&s;o long practi&s;ed as ever &s;ince the 16. of <HI>Ric.</HI> 2. being neer 300 years, as is &s;een by the fore-mentioned Statutes) is contrary in the contents thereof, to the true intent of &s;o many Acts made for the con&s;tant confirmation thereof to this pre&s;ent time.</P>
<P>Nor as they alledge in the &s;econd page, doth any Statute &s;peak of different Gallons to be found by proportion, al|though mo&s;t ab&s;urdly it is &s;aid, according to the propor|tions they bear to it &s;elf, whereas no number can bear a proportion to its &s;elf; but the quantity of two different numbers or things, mu&s;t be given to beget a proportion, and there is no Gallon e&s;tabli&s;hed but of one quantity, and that is in the Exchequer. Be&s;ides not any Statute what&s;oever doth &s;o much as mention the word Proportion, that &s;hould be between any two or three Gallons.</P>
<PB REF="5">
<P><GAP DESC="illegible" EXTENT="1 span"> <GAP DESC="illegible" EXTENT="1 chunk">n diver&s;ity of <HI>Specie<GAP DESC="illegible" EXTENT="1 letter"></HI> &s;o as to e&s;tabli&s;h different Gallons, as one for Corn, and another for Beer and Ale; I am &s;ure they are not in the Ex|chequer; if they are in any other place, it is de&s;ired they would &s;hew where they are, and by what Law &s;o placed; for I conceive practice ought to be reduced to Law, and not Law to practi&s;e.</P>
<P>And in the third page, after the &s;aid Brewers have decla|red the Wine gallon to be the Standard gallon, then they begin to &s;peak of an Ale gallon, bigger by one fifth part for the foulne&s;s of working, whereas there is but one Stan|dard gallon placed by any Statute Law, and that is in the Exchequer, as afore&s;aid. Neither is there any &s;uch thing as one fifth part more, expre&s;&s;ed in any Statute what&s;oe|ver, for the mea&s;ure whereby the Ale or Beer barrel is made, is appointed to be the Standard Gallon, which all that know the Laws of this Nation, know it is only fixed in the Trea&s;ury, or Exchequer, as afore&s;aid: And for the &s;cantling of length and depth, or form of any Barrel, or other Ve&s;&s;el which the Cooper is to make, that &s;cantling or any what&s;oever, is not commanded by any Statute Law ex|tant, only (as afore&s;aid) they are obliged to make the Bar|rel &s;o that it mu&s;t hold 36 of the Standard Gallons, unle&s;s it be in that Treati&s;e called <HI>Compo&s;itio Men&s;urarum,</HI> the &s;ub|&s;tance of which they know not, for they them&s;elves confe&s;s it is not in being, nor did any man living ever &s;ee it, Al&s;o they confe&s;s, that in <HI>Henry</HI> the &s;evenths time a Standard Gallon, according to the A&s;&s;ize for dry things, was placed in the Exchequer: Now if that Standard Gallon be not al|&s;o fo<GAP DESC="illegible" EXTENT="1 letter"> Liquids, as Beer and Ale, it is de&s;ired they &s;hew a Standard Gallon in any other pl<GAP DESC="illegible" EXTENT="1 letter">ce; and yet before they &s;aid there was no Standard Gallon in the Exchequer but the wine Gallon, and that was the Standard of <HI>England:</HI> &s;o that by this time they &s;eem to find two different Gallons in the &s;aid Exchequer; which how true this is, any judicious man may go and try, where he &s;hall find their &s;uppo&s;ition to be fal&s;e.</P>
<PB REF="5">
<P> And tho&s;e who have mo&s;t accurately tryed the quantity of that e&s;tabli&s;hed Gallon, know their &s;ugge&s;tions are contra|ry to truth, and have found but one Standard Gallon there, and that doth contain ju&s;t 272 Cubical or &s;olid Inches.</P>
<P>And in the fourth page they &s;ay a <HI>Winche&s;ter</HI> bu&s;hel holds 16 Ale quarts, or <HI>Winche&s;ter</HI> quarts; I am confident there is not in any Act of Parliament in all the Statutes at large, either the name of a <HI>Winchester</HI> bu&s;hel, or <HI>Winchester</HI> Gal|lon, or <HI>Winche&s;ter</HI> quart: But in. <HI>Primo Jacobi</HI> it was Enacted That the Victualler &s;hould &s;ell a full Ale quart for a peny; but not one word in that, or any Statute, that four of tho&s;e quarts &s;hould fill the Standard gallon (though I believe it doth) yet if three of tho&s;e quarts did but fill the Standard gallon, it doth not invalid that Standard Gallon by any Law, but that the Barrel was to be made to contain 36 of tho&s;e Standard gallons. Be&s;ides, as to the mea&s;ure of the barrel, the Law doth not refer either to the Ale quart, or Bu&s;hel, but to the gallon, firkin, or kinderkin; which if the gallon were made by 4 of tho&s;e quarts, as the Brewer would have the gallon made by (there being no Law extant that leads thereto) be&s;ides the trouble and charge of alter|ing and placing new gallons in all the &s;everal Towns cor|porate in <HI>England,</HI> the Commonwealth would be damnifi|ed in the Exci&s;e of Beer and Ale in <HI>London</HI> onely, about 7000 <HI>l.</HI> yearly, and in the Nations about 40000 <HI>l.</HI> yearly: And in the &s;ame page they &s;ay; the a&s;&s;ize is &s;till kept up by the tradition of the Coopers &s;can<GAP DESC="illegible" EXTENT="1 letter">ling: I pray by what e&s;ta|bli&s;hed Law is that <HI>Coopers</HI> &s;cantling? I believe you will as &s;oon find it, as you will that Treati&s;e called <HI>Compo&s;itio Men|&s;urarum,</HI> for <HI>tempus edax rerum</HI> hath &s;wallowed it up al&s;o. And though in pag 5. they are plea&s;ed to call M. <HI>Lyon</HI> a no|vice in the <HI>Art of Gauging,</HI> yet he hath more experimented the Standard gallon of <HI>England</HI> re&s;iding in the Exchequer, then any of his accu&s;ers, &amp; that may be &s;een by their calling the Standard gallon in the Exchequer the Wine gallon, and they give this rea&s;on, for that it is the lea&s;t of gallons; and
<PB REF="6">that their mi&s;take may further be &s;een (as this ca&s;e is) it is not how many cubical inches a gallon contains (for which end they brought many Arti&s;ts to prove the gallon was to be 288&frac34; inches, none of them ever &s;eeing any original Standard gallon in their lives, as them&s;elves confe&s;&s;ed) But which is the Standard gallon of <HI>England,</HI> and where it is placed, and by what Law &s;o e&s;tabli&s;hed, and whether there be one or many Standard gallons e&s;tabli&s;hed by Law; then it is ea&s;ie to know the quantity thereof, and not to trouble them&s;elves about the proportions of 3 &s;everal gallons one to another, when there is but one gallon as afore&s;aid e&s;tabli&s;hed by Law and not the word proportion u&s;ed in any Statute. It being mo&s;t ab&s;urd for the Brewers to offer to ju&s;tify that gallon of 288&frac34; cubical inches, when there is no &s;uch gallon in any Corporation in <HI>England</HI> placed there by any Statute Law; only that placed (at will) in <HI>Coopers</HI>-Hall, without any e&s;ta|bli&s;hed authority.</P>
<P>And had the Brewers ve&s;&s;els been Gauged by any other gallon then the afore&s;aid gallon in the Exchequer, the &s;aid <HI>Lyon</HI> had then not only acted to accommodate the illegal ends of the Complainants, but utterly contrary to the e&s;ta|bli&s;hed Law in that behalf, and in breach of the tru&s;t repo&s;ed in him.</P>
<P>But if it &s;hall plea&s;e the Parliament to alter tho&s;e Laws al|ready made, and confirm another gallon of any quantity they &s;hall determine of, he the &s;aid <HI>Lyon</HI> &s;hall be ready (being by Authority thereunto directed) from the &s;ame Dimen&s;i|ons he now hath of all the Brewers Ve&s;&s;els in <HI>London,</HI> to ca&s;t up the exact quantities thereof, as accurately as he hath for|merly done by the Exchequer gall<GAP DESC="illegible" EXTENT="1 letter">n, whereby he hath experimented his knowledge, by the tryal of &s;everal Tuns with water, in neer 20 Brewhou&s;es, wherein he hath alwaies been careful rather to under, then over Gauge them, accord|ing to the Legal gallon, as hath been found upon proof.</P>
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