WHere the ale brewers and beere brewers of this realme of Englande haue vsed and dayely doo vse for their owne singular lucre profite and gayne to make in their owne houses theyr barrels, kylderkyns and firkyns of muche lasse quantitie contente rate and assise than they ought to be, to the greate hurt preiudice and damage of the kynges liege people, & contrary to diuers actes statutes ancient lawes & customes heretofore made had and vsed, and to the destruction of the poore craft or mysterie of coupers. For reformati­on wherof, be it enacted by the kyng out soueraigne lorde, the lordes spiri­tuall and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, that no bere brewer, nor ale brewer, that shall brewe to sale bere or ale, shall from hensforth occupy by hym selfe, nor by any other to his vse in his house nor els where, the mysterie or crafte of coupers, nor make any barrelles, kylderkyns, fyrkyns, or other vesselles by hym selfe, nor by his or their owne seruantes, wherby they shall putte their beere or ale to sale, but that all suche barrelles, kylderkyns, and other vesselles of woode, wherwith they shall put their bere or ale to sale, shall from henseforth be made & marked accordyng as hereafter shalbe expressed, by the cōmon artificers of coupers exercised & practised in the said occupation vpon peyne to forfaite and pay for euery suche barrell, kisderkin, firkin, or other vessell, hereafter to be made contrary to the tenor of this act. iii. s. iiii. d.

¶ And be it also enacted, that euery artificer of the craft or misterie of coupers, that wyl exercise or practise to make any of the sayd vessels for bere or ale to be put to sale, shal make the same vessels, & euery of them, of good and seasonable wodde, and put his propre marke vpon euery of them. And that euery barrell for bere shall conteyne. xxxvi. galons, euery kylderkyn for bere. xviii. galons, and euery fyrkyn for bere nine galons of the kynges standerde gallon. And that euery barrell for ale shall conteyn. xxxii. gallons, euery kylder­kyn for ale. xvi. galons, and euery fyrkyn for ale. viii. galons of the kynges standerde gallon. So that they shall bee of good and iuste measure, or elles aboue and not vnder. And that no couper shall make any o­ther vessell for bere or ale to be solde within this realme of any greatter or lasser nomber of galons than is abouesayde, onelesse he shall cause to be marked vpon euery suche vessell, that he shall so make of greater or lesser numbre of gallons, the trewe and certayne nombre of as many gallons, as euery suche other vessell shall conteyne, to thentent that euery persone may knowe the content thereof.

¶ And that no suche artificer of coupers shall enhaunce the prices of any suche barrels, kilderkins firkins, or other vessels in the sale of them to any ale brewer or bere brewer, or other persone, but kepe the rates of suche prices as hereafter ensueth, and not aboue, vpon peyne to forfaite for euery barrell kilderkyn and fir­kyn defectiue or enhaunced in price in any poynt contrary to thys act. iii. s. iiii. d. That is to say, for euerye beere barrell. ix. d. For euery bere kylderkyn. v. d. and for euery beere firkyn. iii. d. And the ale barrell. xvi. d. the ale kylderkyn. ix. d. and the ale fyrkin. v. d.

¶ Also be it further enacted by the said auctoritie, that no bere brewer nor ale brewer at any time after the feast of Lammas now next commyng, shall put theyr bere or ale to sale to any person or persons to be spent and occupied within this realme in any other barrels, kylderkyns, firkyns, or other vessels of wodde, other than shall be made and marked by an artificer of coupers abouesaide, whereof euery barrell for beere shall conteyne and holde. xxxvi. galons euery halfe barrell or kylderkyn. xviii. gallons, and euery fyrkyn. ix. ga­lons. And euery barrell for ale shall conteyne. xxxii. gallons, euery kylderkyn. xvi. gallons, and euery fyr­kyn. viii. galons of full and iust measure, or aboue, and not vnder that measure.

¶ And that any bere brewer or ale brewer shall not take ouer and aboue for any suche barrell, kylderkin, [Page]or fyrkin of ale and bere, but after suche prices and rates, as shall bee thought conuenient and sufficient by the discretions of the Iustices of peace within euery shire, where such bere brewer and ale brewer shal dwel without any citie borowe or towne corporate, where no head officers, as Maires, bayliffes, shireffes, and other head officers, haue none auctoritie nor rule, and in euerye citie borough and towne, where there be Mayres Sheryffes, or other head officers, the same rates and prices to be named and sessed by them & eue­ry of them by their discretions. And that the sayd ale brewers or bere brewers at any tyme hereafter shall not sell their bere nor ale at any higher rates or prices than shall be to them assigned, after the forme aboue rehersed, vpon payne to lose and forfaite for euery barrell so put to sale contrary to this estatute. vi. s. for euery halfe barrell or kylderkyn. iii. s. iiii. d. and for euery fyrkin. ii. s. and for euery vessell conteinynge greatter nomber of galons. x. s. and for euery other vessell conteynyng lesser nombre of galons. xii. d. The one halfe of all the whiche penalties and forfaitures to be to the kyng our soueraigne lorde, and the other half to him that wyll sue for the same by action of debte, byll, playnt or information in any of the kynges courtes: In which actiō & suit the defendāt shal not wage his law, nor any essoin protection or priuilege to be admitted.

¶ Be it also further enacted by the said auctoritie, that al maner of sope makers within this realme of En­gland, which shall put to sale any sope by barrell, half barrell, firkyn, or other vessel, shal from Lammas now next cōming, make or cause to be made their barrels, halfe barrels, firkins, & other vessels, accordyng to the rates contentes weightes and assises of old tyme vsed and accustomed, that is to say, euery empty barrell to holde and conteyn. xxxii. galons or aboue, and to be in weyght. xxvi. poundes, and not aboue, of full and iust measure, and euery halfe barrell emptie to be in weight. xiii. li. and not aboue, and to hold and con­teyne. xvi. galons or aboue: and euery firkyn emptie to weye. vi. poundes and an halfe, and not aboue, and to holde and conteyne. viii. galons or aboue, vpon payne of forfayture for euery suche barrell halfe barrell fyrkyn or other vessell hereafter to be made had or vsed contrary to this act. iii. s.. iii. d.

¶ And also be it enacted by the auctoritie aforsaid, yt the wardēs of thoccupatiō or misterie of coupers with in the citie of London frō hensforth at al tymes hereafter when they shal thinke conuenient & expedient, ta­kyng with them an officer of the Mayres, shal haue full power and auctoritie by vertue of this act, to serch view and gage all maaer of suche barrels kilderkins, firkins, and other vessels to bee made or occupied for ale beere or sope to be put to sale within the citie of London, and suburbes of the same, & within two myles compas without the same suburbes, to view and se that the same barrels kilderkins firkins & other vessels aswell within liberties as without, be made & marked well & sufficiently, and beare & cōtein their true con­tents rates & mesures, according to theffect of this estatute: And also to marke euery such barrell kilderkyn firkin & other vessel by them so viewed & gaged, bearing and cōteining their true cōtentes, with the signe & token of a seint Antonies crosse. The same wardens to haue for the serche & gaging of euery suche barrell, kilderkin firkin & other vessell by them so serched viewed gaged & marked one farthing, & not aboue, of the owners or makers of the said vessels. And shall & may haue auctoritie by vertue of this act to reteyne euery suche vessell as they shall so gage serche and marke, vnto suche tyme as they shalbe satisfied thereof. And in case they shall fynd any of the sayde vessels defectiue, not bearyng their true contentes, that than by au­cthoritie of this act, they may sease take and reteyne euery such vessell, and cause the same to bee marked or amended, accordying to the true content, or els cause the same to be brenned. And also the partye owner of suche vessell to lose and forfayte for euery suche vessell not beynge of the full contentes after the rate aboue expressed. xii. d. to be recouered and employde as is aboue sayde.

¶ And be it further enacted by the sayd auctoritie, that in al other cities, borowes, and townes, wherin no [Page]suche wardens of coupers be, that the Mayres, Sheryffes Ba [...]stes, Constables or other head office [...]s in such Cities, borowes and townes shall haue power and auctoritie to serche, viewe, and gauge all such bar­rells, kylderkyns, fyrkyns, and other vessels to be made hereafter anye such citie borowe or town, and to haue and take all such auantage therby and in lyke maner and fourme as the wardens of coupers within the citie of London or other persons by this act shuld or may haue or take on euery behalfe.

¶ Prouyded always yt euery bere brewer may kepe in his house one or two seruātes of the misterie or crait of coupers to houpe and amend his barels, kylderkyns, fyrkyns, & other vessels, wherin they shall put their bere to sale frō time to time, this act or any thing therin cōteined to ye cōtrary in any wise notwithstāding.

[...] it further enacted by the sayd auctoritie, that if any person at any time after the said feast of Lam [...] commyng, do mynyshe or cause to be mynished any maner of barrell, kylderkyn, or fyrkyn to the [...]eyte of any the kynges subiectes by reason of takynge out the head of any such vessell, or takynge oute of any staffe out or from any such vessell, that then euery such vessell to be brent, and thoffender to forfayte for euery such offence. iii. s. iiii. d. the one moytie therof to be to the kynge our Soueraygne Lorde, and thother moytie therof to hym or them of the kynges subiectes that wyll sue for the same, to be recouered in maner & fourme aboue rehersed. And the partie so offendynge to be further punisshed by the discretion of the head officer or officers, before whom such default shalbe presented.

¶ It is enacted by aucthoritie of thys present parlyament, that notwithstanding any thing conteyned in thys acte of brewers and coupers, whervnto this Cedule is annexed, it shalbe leful to euery alebrewer mentioned in the same acte to haue and retayne in his seruice one person of the misterie or crafte of coupers, to exercise in his seruice the crafte of a couper, only in byndyng, houpyng & pinning his maisters ale vessells, recited by the sayd acte, and in none otherwise to vse or exercise any making of vessels concerning the craft or misterie of a couper, whiles that he is in the seruice of any ale brewer. Also it is enacted, that euery cou­per, which hereafter shall make any ale vessel specyfied in the sayde acte, shall from the feast of Penthecoste next cōming make euery such vessell accordyng to the assise specifyed in the treatise called Compositio men­surarum, that is to say euery barrell for ale shall conteine. xxxii. galons of the said assise or aboue, of the whi­che. viii. galons make the commō busshell to be vsed in this realme of England euery kylderkyn for ale. xvi. galons of the sayd assise or aboue, and euery fyrkin. viii. galons of assise or aboue, vpon payne of forfayture of iii. s. iiii. d. for euery of the same vessels by hym vntruely made contrary to this acte: the one halfe of the same forfayture to be to the kynge, and thother to hym that will sue for the same, by action of dette, byl, playnte, wrytte or otherwise: In which action none essoin, protection or wager of lawe shalbe allowed.

¶ And be it also enacted, that euery couper marke his vessell with his own marke, vpon payne of. iii. s. iiii. d to be leuied and recouered after like maner and forme as is aboue sayd. And that no maner of person in the serche makyng for the true gaugyng of any such vessells, shal put out the ale of any such vessell. wherby the same ale shalbe ye worse. And that it shalbe laweful to euery ale brewer to bring, cary, & cause to be broughte and caried their ale to the householdes of our soueraygne lord the kyng, the Quene, the princes, and to euery archbyshops, byshoppes, dukes, markesses, Earles, barons, or other honorable mennes houses in tonnes buttes, pypes, hoggeshedes, or other vessels of greater or larger quantitie than is expressed in this presente acte, as before time hath ben vsed in that behalfe. And also it shall be lawfull to the said ale brewers to bring cary, or cause to be brought conueyde or caried theyr ale to euery mans house in barrels, kylderkyns, & fyr­kyns bearyng and holdynge theyr true contentes, accordyng to the purport and effect of this present act, any thyng conteyned in the same acte to the contrary hereof notwithstandyng.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.