shows that this jurisdiction of the manor courts was still in full force in Shakspere’s day. {109}
Kitchen, in his work on Courts (1663), in writing of courts leet, says:—“Also if tapsters sell by cups and dishes, or measures, sealed or unsealed, is enquirable.” It is noted in Dr. Langbaine’s collections, under January 23, 1617, that John Shurle had a patent from Arthur Lake, Bishop of Bath and Wells and Vice-Chancellor of Oxford, for the office of ale-taster (to the University). The office required “that he go to every ale-brewer that day they brew, according to their courses, and taste their ale; for which his ancient fee is one gallon of strong ale, and two gallons of less strong worth a penny.”
In some places the office of ale-conner still survives. The appointment of four ale-conners for the City of London is said to date as far back as the first charter of William the Conqueror. Originally they were elected by the folkesmote, afterwards at the wardmote, and from the time of Henry V. till the present day by the livery. We have before us an extract from a daily paper of the 16th September, 1884, in which is recorded the appointment of an ale-taster for the ancient borough of Christchurch.
The following curious application was made in the year 1864 to the manorial court of the Duke of Buccleuch:—“To the Manorial Court of the Right Hon. Walter Francis, Duke of Buccleuch and Queensbury, sitting at Haslingden, this 18th day of October, 1864.—This is to give notice to your honourable court, that I, Richard Taylor, by appointment for the last five years Ale-taster for that part of her Majesty’s dominions called Rossendale, do hereby tender my resignation to hold that office after this day, as I am wishful, while young and active, and as my talents are required in another sphere of usefulness, to devote them to that purpose. For five successive years your honourable court has done me the honour of electing me to the above office, which I have held, and performed the duties thereof efficiently, and without disgrace. Having won your confidence by holding this office, at a late sitting of your honourable court it pleased you to appoint me bellman for Bacup, and while I resign the former office, am wishful to hold my connexion with his Grace the Duke Francis Walter, to continue to cry aloud as bellman for Bacup, and, as heretofore, to cry for nothing for those who have nothing to pay with. Given under our hand and seal this 18th day of October, in the year of our Lord 1864. Signed, Richard Taylor, Ale-taster for Rossendale. God save the Queen.”
As early as the days of Edward I. attempts were made to bring about the early closing of taverns; but the authorities seem to have moved rather in the interests of peace than of temperance. {110}
In a preamble to a statute passed in that reign it is stated that “offenders, going about during the night, do commonly resort and have their meetings and evil talk in taverns more than elsewhere, lying in wait and watching their time to do mischief.” It is therefore enacted that taverns are to be closed at the tolling of the curfew bell. And if any taverner does otherwise, he shall be put on his surety, the first time by the hanap (a two-handled tankard, sometimes of silver) of his tavern, or by some other good pledge therein found, and fined 40d., with various cumulative punishments for successive offences until on the fifth conviction he shall forswear such trade in the City for ever.
In the year 1455 it was enacted “that no person that in the County of Kent shall commonly brew any ale or beer to sell, shall make nor do to be made any malt in his house, or in any other place to his own use, at his costs and expences above an C quarters in the year, under penalty of x li., and this statute is to be in force for the space of 5 years.” This act appears to have been passed to protect the maltsters of other places from the competition of the Kentish men. An act was passed in 1496 “against vacabonds and beggars,” which directs two justices of the peace to “rejecte and put away comen ale-selling in townes and places where they shall think convenyent, and to take suertie of the keepers of ale-houses of their gode behavyng, by the discrecion of the seid justices, and in the same to be avysed and aggreed at the time of their sessions.”
In 1531 brewers were forbidden to take more than such prices and rates as should be thought sufficient, at the discretion of the justices of the peace within every shire, or by the mayor and sheriffs in a city.
By 5 and 6 Edward VI. c. 25, entitled “An Act for Keepers of Ale-houses to be bounde by Recognizances,” it is enacted that “forasmuch as intolerable hurts and troubles to the commonwealth do daily grow and increase through such abuses and disorders as are had and used in common ale-houses, the Justices of the Peace are authorized to close such houses at their discretion.” And we find later, in Elizabeth’s time, that Lord Keeper Egerton, in his charge to the judges when going on circuit, bade them ascertain, for the Queen’s information, how many ale-houses the justices of the peace had pulled down, so that the good justices might be rewarded and the evil removed. Surely the advocates for total suppression of the sale of alcoholic drinks were born some two or three centuries too late! A quaint jingle, entitled “Skelton’s Ghost,” which may be attributed to some post-Elizabethan rhymer, contains an allusion to the legal price of ale. {111}
To all tapsters and tiplers, And all ale-house vitlers, Inne-keepers and cookes, That for pot-sale lookes, And will not give measure, But at your owne pleasure, Contrary to law, Scant measure will draw In pot and in canne, To cozen a man Of his full quart a penny, Of you there’s too many. For in King Harry’s time, When I made this rime Of Elynor Rumming, With her good ale tunning, Our pots were full quarted, We were not thus thwarted With froth canne and neck pot And such nimble quick shot, That a dowzen will score For twelve pints and no more.