AS I have met with John Lyon, Couchant, in his close and private Remonstrance delivered in to the Honorable, the Commissioners for bringing in the Arrears due to the Com­monwealth; wherein I have detected two notorious untruths offered unto their Honours; as, 1. That the Exchequer Gal­lon was in use in Broad-street from the beginning of that Office. And Secondly, That four Winchester or Ale quarts, did exactly agree with the Exchequer Gallon. So likewise I having met with Mr. Lyon Rampant in print, or his folly in Folio, I doubt not but as I have made appear, That his Remonstrance was composed of Sophistical Fallacy, and impudent Falsity, so likewise to make manifest, That this pityful Pamphlet is but a confused heap of blind Bayard-like folly, or [Page]very profound ignorance, and that [...] [...] ­ted by a Syllog [...]m in Bocardo, then by any serious and sollid demonstra­tion. But lest John Lyon should glory in his Folly, Fallacies and Fal­sities, Confutandi Gratia, I thus reduce his wild, confused and unsigni­ficant discourse into these two heads;

• 1. He endeavours to prove, That the Exchequer Gallon is the true and only Standard Gallon of Eng­land, that all things are to be measured by it.
• 2. That the Coopers Bar­rels are, and must be made by that Gallon.

For the manifestation of his first Position he goeth very far, even as far as Magna Charta, and cites 9 Hen. 3 cap. 25 which saith, One Measure of Wine shall be throughout our Realm: One Measure of Corn (that is to say) according to the quarter of London, &c. And as it is of Weights, so it shall be of Measures; which is as much as to say, Ʋnum pondus, & una mensura sit per totum Regnum nostrum.

To what purpose he cites this Statute, I cannot tell, unless it be to shew, how that the Corn Gallon and the Wine Gallon are all one; and so to prove, That [...]he Exchequer Gallon is the Standard Gallon of England, to measure all things, as Wine, Ale and Corn: Which if so, why doth not Mr. Lyon measure Wine, Oil and Sope, Strong Waters, &c. by that Gallon also; or rather, why do the Commissioners of Ex­cise, who are under an Oath to be faithful in their places, do the peo­ple of England so great an injurie, as to Gauge Wines, Oile, Sope, Honey, &c. by the Wine Gallon, containing but 231 Cubical inches, and not by the Exchequer Gallon, which contains 272 Cubical inches, which Mr. Lyon affirms to be a Standard Gallon to measure all things, as well liquids as dry? Worthy Commissioners, and singularly learned Mr. Lyon, I expect your Answer to this, otherwise you must blush at such Actings.

2. He cites Statutes made the 17 Edw. 2 I suppose he means the 18 Edw. 2. as the Ordinance for Bakers, and Brewers, and Victulars, and for Ells, Bushels and Forestallers, cap. 8. & 9. which provide, That there shall be Standards of Bushels and Gallons, &c. But what they are, or should be, the new Ordinance there cited, called, The Or­dinance for Measures, or, as it is stiled in o [...] Magna Charta, Composi­tio mensurarum, sheweth; which s [...]ith, That by the consent of the whole Realm, the measures of our Soveraign Lord the King was made; (that is to say) An English penny called a Sterling, round and without clipping, shall weigh 32 wheat Cornes in the midst of the Ear, and [...]0^d shall make an ounce, and 12 ounces one pound, and 8 li. shall make a Gallon of Wine, and eight Gallons of Wine shall make a Bushel London, &c. For what [Page] [...] except it be to prove that the Wine Gallon is the Standard Gallon of England, for which I contend.

If he by the Wine Gallon in this Ordinance understands his Exche­quer Gallon, why then doth not that Gallon agree with eigh [...] pound of Wheat of Troy weight, as this Ordinance doth direct, and according as 12. Hen. 7. cap. 5. doth set forth? If Mr. Lyon seriously compare this Ordinance with the Statute of 12 Hen. 7. cap. 5. he must either re­cant, or hang down his head like a Bul-rush as he doth.

3. He cites 15.25, 27. Hen. 3. all which Statutes provides, That all Bushels, half Bushels, Pecks, half Pecks, Pottles and Quarts through England, as well within Franchises as without, shall be according to the Kings Standard. Note, these Statutes do not say, According to the Standards, but according to the Standard, which is the Wine Gallon, as in that Ordinance aforesaid: So that the different pottles and quarts, as the Wine quart, and the Ale quart; and so the Wine Gallon, the Ale Gallon, and the Corn Gallon must agree with the Standard, that is, not to be of equal capacity or content, for then all quarts must agree with the Standard Gallon, which we find to be false by experience; for the Ale quart in the Exchequer is of a larger size then the Standard, for it's a fift bigger then the Wine quart, and one 18^• part bigger then the Corn quart, which agreeth with the now Exchequer Standard Gallon; for 4 Ale Exchequer quarts over-runs the Exchequer Gallon almost half a pint, which is the proportion the Brewers contend for. Yet this Statute saith, It must be according to the Standard, that is, it must agree with the stan­dard according to its assize, which Roger de Hoveden, cited in the Trea­tise called, The Cry of the Oppressed, explaineth to be, Secundum diver­sitatem liquorum, which is the proportion of 4 to 5 &c.

Mr. Lyon proceeds to cite more Statutes, all which he blindfoldly applies to prove the now Exchequer Gallon to be the Standard Gallon for all things; as 15. Rich. 2. cap. 4.16. Rich. 2. cap. 3. which saith, There shall be one measure of Wine, Corn, and A [...]e, and all measures shall be made according to the Standard in the Exchequer; which Standard is the Wine-gallon mention [...] in the old Ordinance for Measures; So that unum pondus, & una mensura sit per totum regnum nostrum, must be understood cum grano salis. Not that all Measures should be of equal capacitie, or content with the Standard: but according to the Standard, which Expositors expound to be meant secundum assisam vel proportio­nem, which Mr. Lyon by no means will grant. So Roger de Hugden a­fore-cited doth expound; Ʋna mensura vini & cervisiae, that is, saith [Page]he, secun [...] [...] saith, unum pondus, that he expound; to be secundum diversitatem mercaturarum: So the pound Troy, and the pound Aver du pois are one, although they di [...]er as four to 5; so likewise Magna Charta saith, One Measure, one Weight, one Yard; yet we know [...] that are apt to shrink are measured by the Ell, which is the proportion of 5 to 4. so when Magna Charta, and these Statutes do say, One measure of Corn and Wine, i [...] must not be understood one secundum capacitatem, but one as it is expressed secundum quarterium Londini, rased and stricken, which is as all Artists do observe the proportion of 28 to 33, as appears in the Treatise called, The crie of the Oppressed.

Mr. Lyon will needs make us believe likewise that 11. Hen. 7. cap. 4. speaks for his Standard, and no other; which is most ridiculously absurd; for why then was that Standard Gallon and Bushel, and all Bushels and Gal­lons made by it broken and damned the next year, viz. 12. H. 7. c. 5 when the now Exchequer Gallon was made, and it is yet more evident, That the Wine Gallon was then the Standard Gallon, for that in that Act it is provided, That the liquid or water-measure on ship-board to be used was to contein 5 pecks of the Standard, that is 5 pecks Wine-measure, as the Liquid or Water-side Bushel used at Bear-key, and Brooks wharf, which is called the Winchester and common-bushel, holdeth ten Gallons wine-measure, which is 5 pecks of-the Wine-Standard, and not 5 pecks of the now-Standard in the Exchequer, which then would be a very exceeding great Bushel, as is evident.

The now Exchequer Gallon was never made or placed in the Exche­quer untill 12. Hen. 7. cap. 5. and then, and not till then was made a Stan­dard-Gallon for Drie things onely. In Haec Verba: Wherefore the King our Sovereign Lord, by the assent of the Lords spiritual and temporal, and the Commons in this Parlament assembled, and by authority thereof or­daineth, establisheth, and enacteth, That the measure of the Bushel contein 8 Gallons of Wheat, and every Gallon 8 li. of Wheat of Troy-weight, and every li. contein 12 Ounces of Troy-weight, and every Ounce contein 20 Sterlings, and every Sterling to be of the weight of 32 Wheat corns in the midst of the ear, according [...] old Law of the Land: which old Law saith exp [...]esly that 8 li. of Wheat of Troy-weight shall make a Gallon of Wine: So that according to the letter of this Act, this is but a confirma­tion of the old Standards, which were the Troy-weight and Wine-mea­sures, ut superiùs; and therefore a sufficient wa [...]ant for your Worships to use the Wine-gallon,

Note: This Statute proceeds, and saith; And that it pleaseth the [Page] [...] [...]ushel and a Gallon after the said Assize, to remain in his said Treasury for ever. Note, It is not said according to the old Laws and Statutes of the Realm as is afore-declared, but after the said Assize, viz. for Drie things: the which this Bushel and Gallon was to measure in Markets, &c. as is at large set forth in the Supplement to the Treatise, called, The Crie of the Oppressed.

Thus I have made it appear, that the Troy-weight and Wine-mea­sure were the Standards in the Exchequer until the Statute 12. Henry 7. cap. 5. which also confirms them as above is proved, and yet for the preventing of mistakes in sizing of Bushels and Gallons which are half-pecks to be sent to Markets, &c. The Wine-gallon which was de facto the Standard in all ages, untill the 12. Henry 7. and is now de jure by the letter of that Act the Standard of England, was thence removed, and this Gallon for drie things onely (which Mr. Lyon m [...]kes a Gallon for Liquids and Drie things) there placed, for the preventing of mistakes in sizing of Bushels and Gallons to be sent down into the Countries.

I proceed to Mr. Lions Second Undertaking, which is to prove, That the Coopers Barrels are, and must be made according to the Exchequer Gal­lon, or Standard.

That they are made by that Gallon is such a notorious untruth, that I will no [...] take the pains to disprove it. But whether they must be made by that Gallon, is the grand and onely question.

By the 23. Hen. 8. cap. 4. It is ordained and enacted, That every Barrel for Beer shall contein 36 Gallons, every Kilderkin 1 [...] Gallons, &c. of the Kings Standard Gallon, &c. But there is no other Standard Gal­lon, saith Mr. Lyon: Ergo. It's confessed, if a man reads no more of that Act, a learneder man then Mr. Lion might construe it to be under­stood of the Kings Standard Gallon of the Exchequer; as was Mr. Oughtred, a man whom I admire for his universal skill in all Arts and Sciences. But if Mr. Lyon be willing to correct his mist [...]ke, and be de­sirous to be satisfied by what Gallon the Coopers do and must m [...]ke their Barrels, he must read the latter part of the Statu [...]e (viz.) that clause; It is enacted that every Cooper that hereafter shall make any Vessels speci­fied in the said Act, shall from the feast [...] [...]ntecost next coming make every such vessel according to the Assize mentioned in the Treatise called, Compositio Mensuratum: that is to say, Every Barrel for Ale shall contein 32 Gallons of the said Assize, whereof 8 Gallons make the common Bushel.

No [...]e: This clause is like a Hand to point out by what Gallon the Barrels are to be made. viz. By the Coopers great Gallon of 288 Cubi­cal Inches ¾ for the common Bushel which at this day is in the Exche­quer, [Page]conteins 8 Gallons accor [...] [...] 8 Gallons according to the Standard-gallon, which contein 272 Cubi­cal Inches, 8 Gallons of which makes the Standard Bushel, which at this day is in the Exchequer likewise. Neither must it be understood by the Common Bushel, the Standard Bushel; for then this clause would signifie nothing, but be a Tautologie: and therefore the Coopers whom this clause principally concerns, and who by this Statute are made the Judges of the Content of all Vessels made, by virtue of this Act; and to whom, by this Act, the Sizing and Gaugeing of all Vessels is com­mitted, and for that end have sworn Gaugers and Sealers appointed, do understand it of the Gallon conteining 288 Cubical Inches ¾, and no other, which in the Sta [...]ute 31. Eliz. cap. 8. is called the Standard ap­pointed and allowed for Beer and Ale, of which Standard or Gallon Mr. Lyon by no means will take any notice. And the Gallon, viz. the Win­chester, agreeth with the Coopers Scantlings, as is cleared in the Trea­tise, called, The Crie of the Oppressed, &c.

Further, by no Law your Worships, nor yet any Gauger general, are made the Judges of the Content of the Beer-barrel; and therefore for you to judge any thing to be a Barrel of Beer or Ale other then what agreeth with the Coopers Scantlings (Pardon my boldness) such judgments of yours are void in Law, and reversable; because coram non judice: the Master and Wardens of the Company of Coopers being the sole Judges of the Content of a Barrel of Beer or Ale, and that by 23. Hen. 8. cap. 4.

But that your Worships should be fully satisfied in a point of such grand concernment to the State and People, I shall make it appear, that the Excise is to be paid by that Gallon, conteining 288 Cubical Inches, ¾, and no other; and that by a Proviso of that Ordinance of Parlament made 17 Octob. 1643. where it is ordained, That no Brewer, or Retailer of Beer, or Ale, Perry, Cider, &c. shall take any more in the price there­of, upon the sale of the same commodities, then according to the usual rates and prices appointed by Law for the same (excepting onely the rate for Excise) as they will answer their contempts herein to both Houses of Par­lament.

In which Proviso your Worships may observe two things: 1. That the Brewers are to take but the Rate of a Barrel of Beer or Ale Annual­ly set by the Justices, which is this year at ten shillings the Barrel, except it be 2 s. & 6 d. per Barrel for the Excise: This rate is set upon the Coopers Ba [...]rels, sealed, marked, and sized according to the Statute, which are made by the Coopers great Gallon, conteining 288 Cubical [Page] [...] 8. cap. 4. the Brewers are to sell by no other, therefore he must collect his Excise by them also; and therefore consequently must be gauged by that Gallon, whereof 36 Gallons make that Barrel, which is the Gallon conteining 288 Cubical Inches ¾.

2. The Victualler or Retailer of Beer or Ale, by 1 Jac. cap. 9. is to sell a full Ale-quart of the best Beer or Ale for a penny, and by this Or­dinance he is to take no more then the Excise of that Quart; so that the Victualler is to take his Excise by that Gallon which corresponds with the Ale-quart, which is by all Artists called, the Ale, or Winche­ster Gallon; and consequently he must receive his Beer and Ale by the same measure, and consequen [...]ly the Brewers must be Gauged by that Gallon, whereof 4 full Ale-quarts make the Gallon: Quid pleniùs aut planiùs?

Thus I have, as I humbly conceive, vindicated your Worships from that pitiful scandalous Libel of John Ly-on, who in his Title page saith [Written in behalf of the Common-wealth] when as it is clear, that Paper doth cast a very great aspersion upon the Commissioners of the Com­mon-wealth for Excise, as if they had betraied their trust in Gaugeing by all 3 Gallons, when as he saith, The Exchequer Gallon is the Standard Gallon for all Liquids and drie things: So that in effect he doth charge your Worships of cheating the people of this Nation, by Gauging most Liquid things; as, Wine, Oile, Sope, Strong-waters, &c. by the Wine-gallon, conteining 231 Cubical Inches, when as he saith, they ought to be Gauged by the Exchequer Standard Gallon, conteining 272. He chargeth likewise the Master and Wardens of the Company of Coo­pers, and their sworn Gaugers and Sealers, of Knavery and perjury, for m [...]king, sizing, and sealing Barrels that hold some 38, some 39 of his Standard Gallon. He chargeth also the Master and Wardens, and Com­pany of Brewers of Selffishness and dishonesty, for selling 38 Gallons of the Exchequer, whereas he saith, they ought to sell but 36 of those Gallons to the Barrel.

Thus John Ly-on, as bold as a Lyon, hath scandalized 3 Worshipful Orders and Societies of men, in his most absurd Libell; which can be no less then Crimen lesae Majestatis, and therefore ought to be punished as a Libeller; and to have his impudent forehead Branded with the Let­ter L, whereby he may be known to be a Libeller, as well as a beast of Prey John Lion.