The jurisdiction of the ale-conners extended to offences of omission as well as commission. Thus we find them presenting one Thomas Cokesale, for refusing to sell ale to his neighbours while he had some on sale, and even while the sign (the ale-stake) was out. He was fined 4d.
On the other hand, in 1461, one Lentroppe was presented for having, contrary to the order, brewed three times under one display of the sign or ale-stake. For this he had to pay 6d. The man offended by brewing three times, and only making one signal of brewing. This, if he had not been detected, would have enabled him to sell two brewings without the liquor having been tasted by the proper officers, and the public might have had ale sold to them ‘not sufficiently mighty of the corn, or wholesome for man’s body.’[79] Another local law, mentioned in Scrope’s History of Castle Combe, was that no one was to brew in 1461 at the same time as the Churchwardens were brewing the church-ale for the profit of the church, under pain of 13s. 4d.; nor to brew or sell till all the ale brewed for the church was entirely sold. This was brewed for the benefit of the common fund for the relief of the poor in 1590. We pause here to consider the institution known as a
Church-ale,
of which Easter-ales and Whitsun-ales are simply species. And first, their origin. The idea is without any doubt taken from the Agapæ, or Love Feasts, so famous in the early Church. Many of the features of these feasts were revived in the wakes of the middle ages, of which such was the popularity that the officers of parishes conceived that some things novel in name and character, but preserving the elements which made the wakes so popular, would answer the purpose and promote the objects they had in view.
There is an old pre-Reformation indenture in Dodsworth’s MSS., which not only shows the design of the church-ale, but explains the particular use and application of the word ale. The parishioners of Elveston and Okebrook in Derbyshire agree jointly ‘to brew four ales, and every ale of one quarter of malt, betwixt this and the feast of St. John Baptist next coming. And that every inhabitant of the said town of Okebrook shall be at the several ales. And every husband and his wife shall pay two pence, every cottager one penny, and all the inhabitants of Elveston shall have and receive all the profits and advantages coming of the said ales, to the use and behoof of the said church of Elveston, and the inhabitants of Elveston shall brew eight ales between this and the feast of St. John Baptist, at the which ales the inhabitants of Okebrook shall come and pay as before rehersed, and if he be away at one ale to pay at the other ale for both.’[80]
Before the Reformation there were no poor rates. In their place were the charitable dole given at the religious houses, voluntary assessments towards church repairs, and the church-ale. The latter fell in best with the humour of the people; for a time it was tolerated because probably innocent, and in it a ready method was discovered for maintaining the fabric of the church, and furnishing its necessary ornaments. Stubbs, in his Anatomie of Abuses (1585), thus describes them:—
In certaine townes where dronken Bacchus beares swaie, against Christmas and Easter, Whitsondaie or some other tyme, the churchwardens of every parishe, with the consent of the whole parishe, provide halfe a score, or twentie quarters of mault, whereof some they buy of the churche stocke, and some is given them of the parishioners themselves, every one conferring somewhat, according to his abilitie; whiche maulte being made into very strong ale or bere, is sette to sale, either in the churche or some other place assigned to that purpose. Then when this is set abroche, well is he that can gete the soonest to it, and spend the most at it. In this kinde of practice they continue sixe weekes, a quarter of a yeare, yea, halfe a yeare together. That money, they say, is to repaire their churches and chappels with, to buy bookes for service, cuppes for the celebration of the sacrament, surplesses for Sir John, and such other necessaries, and they maintaine other extraordinarie charges in their parish besides.
That these ales were eminently productive, the churchwardens’ accounts of many parishes attest. Thus in Kingston-upon-Thames, the proceeds of the church-ale in 1526 are entered as 7l. 15s., not much short of 100l. as money goes now.