It is the just Complaint of the Brewers, that the Gagers of the Commissioners of Ex­cise, &c. do not observe the Assizes of Beer and Ale accor­ding as they are commanded to do by the Ordinance of the Lords and Commons in Par­lament, made September the 11. 1643. Article XXIII

That they do not Gage the Brewers by the right Stan­dard-Gallon, appeareth by these Statutes following; First, the Ordinance, for Mea­sures made in Incertis temporibus, and Printed among the Statutes in XVIII. Edw. 2. by the consent of the whole Realm of England the Measure of our Sovereign Lord the King was made: viz. An English Peny, called a Sterling, round and without clipping, shall weigh 32 Wheat-corns, in the midst of the Ear, and XX^d shall make an Ounce, and 12 Ounces one [Page 2] pound, and 8^l shall make a Gallon of Wine, and 8 Gallons of Wine shall make a bushel London, which is the eighth part of a Quarter.

Note.That by the Old Law these are the Weights and Measures of the Realm.

The 12 Hen. 7. Cap. 5^o these Weights and Measures in the O [...]dinance abovesaid are enacted to be Standards in haec verba; Wherefore the King our Sovereign Lord, by the assent of the Lords spiritual and temporal, and the Commons in Parlament assembled, and by the Authority of the same, Ordeineth, Establisheth, and Enact­eth,Which old Law is the Ordi­nance above.That the Measure of the Bushel shall contain 8 Gallons of Wheat, and that every Gallon shall contein 8 pound of wheat of Troy-weight, and every pound shall contein 12 Ounces of Troy weight, and every Ounce shall contein 20 Sterlings, and every Sterling shall be of the weight of 32 Corns of Wheat that grow in the mid'st of the Ear, accor­ding to the Old Law of the Land:Note this is the Standard of England.And that it pleased the King's Highness to make a Standard of a Bushel, and a Gallon after the said Assize, to remain in his Highness Treasury for ever.

Wine-Gallon.This Gallon conteins 231 Cubical Inches, which is the Wine-Gallon.

About 40 years after, by the Statute of the 23. of Hen. 8. cap. 4. it was Enacted, That every Barrel for Beer shall contein 36 Gal­lons, every Kilderkin 18 Gallons, every Firkin 9 Gallons of the Kings Standard Gallon.

Note this is the same Stan­dard Gallon, made the 12 of Hen. 7. cap. 5 [...]here being no [...]ther Stan­dard Gallon [...]t that time. And that every Barrel for Ale shall contein 32 Gallons, every Kil­derkin 16 Gallons, &c. of the King's Standard-Gallon: So that they shall be of good and just Measure, or else above, and not under.

The same Act of 23 of Hen. 8. farther provideth, and explain­eth what is meant by these words; 36 Standard Gallons, or above (towards the end of the 4. cap. of that Act); It is Enacted, that every Cooper which shall hereafter make any the Ves­sels specified in the said Act, shall from the Feast of Pentecost next coming make every such Vessel according to the Assize specified in the Treatise called, Composito Monsurarum: viz. [...]ote this is the [...]me Standard [...]allon afore­ [...]id. Every Barrel for Ale contain 32 Gallons of the said Assize, or above; of [Page 3] which 8 Gallons make the Common Bushel to be used in this Realm: every Kilderkin 16 Gallons, &c.

So that it appears plainly, that the Wine-Gallon is the Stan­dard-Gallon; the which Gallon is to this day in the Exch [...]quer, the which was made in Henry the 7^th his time; by which Gallon are the Coopers Barrels to be made, as appeareth by the Statute of 23. Hen. 8 cap. 4^o, But yet with a respect to the Assize specified the Treatise called, Composito Monsurarum; The which Trea­tise is now not to be found (Tempus edaxrerum hath swallow­ed it up) but the Assize is still kept up by Tradition of the Coopers in their Scantlings for their Barrels, Kilderkins, and Firkins, their scantlings for Beer and Ale, being nothing but the additi­on of a fifth to Wine-measure, which is called Ale-measure, and by some Winchester Measure; but why called Winchester Measure, is not yet well known.

Mr. Newton in his book grants that the Wine-Gallon doth contein 231 Cubical-Inches.Now all the Artists in London do agree, that the Wine-Gallon conteins 231 Cubicall-Inches, or thereabouts, to which if you add a fifth viz. 57 ¾ it makes 288¼ Cubicall-Inches: which is the Content of the Ale-Gallon. And these 288 ¾ Cubicall-In­ches agreeth punctually with the Coopers scantlings, and this likewise agreeth with the Ale quart, which is the quart part, or fourth part of the Ale-Gallon.

The which Ale-quart is mentioned in 1^o; Jacobi. Cap. 9^o; where it is enacted, that the Inn-keeper, Ale-house-keeper- or Victual­ler, shall not sell lesse then one full Ale-quart of the best Beere or Ale for a penny. The which Ale-quart is a fifth more then the Wine-quart. This Ale-quart by the consent of all Artists; doth contein 72 3/16 which is the fourth part of 288 ¾ which is the Content of the Ale-gallon by which the Victualler ought to re­ceive his Ale and Beer by. And this all the Books of Assize call the Ale-measure, and sometimes Winchester Measure; And this Ale-quart or Ale-measure was made one fifth bigger then the Wine, because of it's foulnesse in working, yest, and frothing, as M. Powell speaks in his Book of Assize.

[Page 4] The Gallon by which Mr. Lyon Gage [...]h the Brewers-Tunns is not the Wine-Gallon, therefore not the Standard mentioned in the Act, therefore not the Standard of England; for it holds as he himself affirms, 272 Cubicall-Inches, which is bigger then the Standard-Gallon, and lesse then the Ale-Gallon by one eighteenth part: This Gallon was made in the time of Queen Elisabeth, about 88, as appeareth by the Superscription; It be­ing never confirmed by any Act of Parlament; or ever used for the Ale-Gallon, untill Winstanley and Mr. Lyon, two Novices in the Art of Gag [...]ing, mistaking the Standard-Gallon, took that for the Standard of England, which was made for no other end but to be a Measure by which the Bushells to measure Water-Corn, should be made: For if that were the Standard-Gallon, as Mr. Lyon by a mistake so calleth it; and the Commissioners and Farmers in their answer do affirm and assert to be; then all Bushels and Gallons of Towns Corporate, which do not agree with It, ought by the Act of the 12. of Hen. 7. Cap 9. to be broken so that then likewise the Wine-Gallon it self must be broken, becaus it conteineth 41 Cubicall-Inches less then the Corn-Gallon, which Mr. Lyon calleth the Standard-Gallon. The mistake of which Corn-Gallon for the Standard-Gallon occasioned learned Mr. Oughtred to affirm the Ale-Gallon to contein but 272 Cu­bicall-Inches; And that contrary to the opinion of Mr. Goodwin, Mr. Gunter, Mr. Reynolds, and all the ancient and late Artists and Mathematicians of England; for as Accurate Mr. Henry Philips in his late Treatise of Gageing of Vessels observeth that there are in use 3 sorts of Measures; the Measure for Wine be­ing 231 Inches, the Measure of dry things as Corn, &c. being about 272 Inches, and the Measure for Beer and Ale being 288 Inches ¾, the Proportion between these 3 Gallons he observeth to be 28. 33. 35. And so concludes the Proportion between the Wine and Ale-Gallon to be exactly as 4 to 5. The which he proveth by the London Coopers Scantlings for a Beer-Barrell after this manner.

[Page 5] Which being cast up yeildes—36 Gallons and 140 parts over, according to 288 ¾—So that the Beer-Barrell agreeth exactly with the Rule of Proportion aforesaid between the Wine-Gallon and the Ale-Gallon, which is as 4 to 5. The said M. Philips concluding that the Rule of Proportion of 4 to 5 agreeth very well with the Coopers and Brewers, who are most concerned herein, and would not willingly lose so much over-measure as Mr. Oughtred and Mr. Lyons Rules intimate, but would rather if they had any truth in them, be ready to follow them for their own ad­vantage, for thereby the Cooper would save his Timber, and the Brewer his over-measure.