IT is observable , that no Trade in England is subject to such Penalties and to such severe Methods of Prosecutions for them , in a summary way without Tryal by Jury , as Brewing : and it is further observable by Experience , that great or multiplied Penalties seldom or never answer the end for which they were designed : That no Tax or Duty payable to the Crown , hath more ample and prudent Provisions already for its full Receipt , than the Excise upon Beer and Ale ; that the increase of Laws of this kind can only give further trouble and vexation to the Brewer , but never augment the Revenue : that it may weary the Brewer out of his Trade and make House-keepers to Brew for themselves , and consequently lessen rather than increase the Duty .

This Bill as to this matter cites three things , in which it is mistaken in the Fact , and upon those Mistakes it makes these new Provisions .

I. That in all Party-Guiles , the Brewer shall declare what Quantities are designed to be Strong and what Small , &c.

If this be past , they must almost unavoidably incur the Penalty , because the Gaugers differ themselves , and a Barrel sound more by the Gauger than was declared incurs a Pain ; and before hand it is impossible to be known how the same will rise ; 't is hard for two Gaugers to agree , much less for the Brewer to declare before hand what the Gaugers Account will be afterwards ; and 't is their practise to compare together and charge the Brewer with the highest .

II . That the Gauger shall continue while the Guile is Brewing , cleansed and carried our , under pain , &c. This is to make the Brewer not a free Engliskman , but always under Guard in his own House ; 't is to subject his Goods and Property to Fire , Theft and other Accidents , the meanest of People being employed as Setters : 't is useless , because when cleansed and carried ou● no true Gauge can be , for the Waste which happens and other Accidents , make the Quantity less than while in Wort : 't is useless , because 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 , so that continual lodging in their Houses , is only to vex the Trader not to serve the Crown ; and a Brewing is three days 'till carried out , and then two Guiles a Week subjects them to the constant Company of these temptable Wretches , who serve for 18d . per Diem .

III . It forbids using any Drink returned ; which in vast quantities they are forced to receive back from insolvent Customers , and this makes the same Beer pay a double Duty and a Penalty too .

IV . It impowers them to summon Servants to give Evidence against their Masters , which must be a great temptation to idle Servants which are turn'd off , to accuse their Masters ; and it seems unnatural in Cases where there is no Trial by a Jury , as other Englishmen upon Penal Laws have .

V. It Repeals Two Laws , which were made to prevent Overcharges upon Brewers , and are founded upon Justice 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 Brewer under a pain , now the Penalty is taken off , and they are only to give Notes 〈◇〉 days after : thereason is not good , viz. because there are several Gauges necessary , for the highest is almost the Charge , and no inconvenience to an honest Gauger arises by the former Laws ; and the Brewer cannot convince the Gauger of a mistake , but while the Liquor is there by a review or new Gauge ; and to disprove it afterwards before the Commissioners is almost impossible , because the Brewer is required to swear that he was by all the while , and that none was Stoln . These and many more Inconveniencies will be the consequence of this Bill : Wherefore it is hoped that the said Bill shall not pass .