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Sworn and examined deposeth and saith that he this examinate having a late many times had recourse unto the cellar or dwelling house of Richard Bithell and having been divers times there in several companies, that there hath been by this examinate and others in his company, sithence the time that the said Richard Bithell was bound to sell ale according to the late assize thereof given, according to the statute laws thereof in that behalf many times drunk and called for by the quart according to the said statutes and assize, and that the said Richard Bithell hath by himself or servants filled the same in cans and that he the said Richard Bithell did take two pence for one quart of ale sold to this examinate and Daniel Thropp.
Saith that this examinate being at the house of Richard Bithell at the sign of the Boar’s Head upon Sunday was sevenight towards night in the company of the wife of William Halliwell Tailor this examinate called for a pennyworth of ale and saith that the same was filled in a can which he thinketh was not according to the measure of a full quart and that one of the cans now showed unto him was as this examinate thinketh one of the said cans so filled with drink aforesaid.
Bithell’s two maids being sworn do both depose that they filled the drink, the one to Ryder, and the other to Atkinson, that they filled all the drink first in a quart and after into a black pot and a can, because they had but one quart in the cellar, and that they sold a full quart of ale for a penny.