The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-05-17
English Liquor Legislation.
Some Curious Old Laws Affecting the
Manufacture and Sale OF Ale and Other
Liquors.

Some Curious Old Laws Affecting the
Manufacture and Sale OF Ale and Other
Liquors.
Prof. Theodore w. Dwight LII. D., contrib
utes to sthe Independent an interesting paper
on English Liquor Legislation" in which he
considers its history from the earliest times to
the year 1776. The first law affecting liquors
is the famous Cassie of Bread and Ale"
which is of somewhat uncertain date, but is
commonly attributed to the year 1866. One OF
the leading objects of this law was to establish
fixed ratio between the price of bread and ale
The FIRST restrictive legislation was in l455,
when it was enacted that no person brewing
ale or beer in the county of Kent, to be sold,
should during five years, make hundred quar-
tiers of malt to his own use. The dawn of the
licensing system was in 1903, when 1t was pro-
vided that two Justices of the Peace might re-
ject and put away common ale selling in towns
and places where they might think convenient
and might take sureties of the keepers OF ale
houses, of their good behavior. About the year
ing out of the fact that the brewers had assum-
ed to make their own barrels. A statute was
passed in the interest of the coopers that no
brewer of ale or beer should make his own bar
rels, though he might keep men to make re-
repairs upon such as he had The Warden of
the "Mystery of Coopers" had power to search
for barrels made contrary to law. Beer at this
time had to bs sold only in barrels, kilderkins
and firkins, with the number of gallons marked
upon them, They were also to be marked with
the sign of st. Anthony's cross. In 1929 it was
deemed expedient to provide by law that no
spiritual person''-that is, no clergyman-was
to keep brewhouse under pain of forfeiture,
though he could brew beer for his own use.
The cooperage question came up in another
form in 1913, when the extent of the manufac-
ture of barrels was SO great as to threaten the
existence of the lumber interest, and 1t was en-
acted that all persons who carried beer out OF
England must bring in clapboard meet to make
as much as he carries FORTH"
Wine was not made in England to any extent
if at all, during the period covered in the pre-
ceding paragraph. Its adulteration, however,
appears to have been practiced as early as 1866,
for the legislation of that year provided for an
examination of such liquors in order to see If
there were any corrupt wine or such as is not
wholesome for mans body" In 1880 the sub
jeet came up again, and provision was made
for the aSsaying OF wine, and the destruction
of such as was found to be corrupt. This de-
struction involved that of the vessels contain
ing the liquor. 1t was also enacted this year
that none must be SO hardy as to sell wine ex-
cept at a reasonable price, In the year 1891
the prices of Rhine and Spanish wines were
fixed by law, and it was provided that purchas-
ers might compel wholesale dealers to sell to
them at the established price. No sweet wine
or claret was to be sold at retail in any part OF
the kingdom, a restriction for which no appar-
ent reason can be found, and which had to be
repealed in difference to popular feeling on the
matter. From this time on there was continu-
al legislation concerning wines, chiefly regulat-
ing measures, prices, duties, etc. In 1868 the
first law discouraging the use of wines was
| passed. 1t is the first license law in England,
and prescribed the price of French wines, de-
termined the classes OF persons to be allowed to
| have them in their house and introduced a
strict system of licensing sales at retail. Nc
wines were to be sold at retail except in cities,
| boroughs and market towns In incorporated
| cities and towns sales were to be licensed by
1 the city authorities; in other cases the power
| was vested in Justices OF the Peace at their
court of sessions. The heavy penalty OF 50 per
| day was exacted for attractions of the law.
| There were to be but two wine shops or tayerns
in any town, except in few OF the larger
| towns, where an increased number, specified in
the act, were permitted. The principal excep-
| tons were London and York. In the former
city there might be forty licensed wine shops,
| ETC., and in the latter eight. Persons not IL
| censed were prohibited, under heavy penalty.
| from selling wine to be drunk in their own
| houses. Only very few persons were allow
| ed to keep it for their own use-such as
| Mayors of cities, High Sheriffs, and iAhabi-
tants of towns fortified and kept for the uses OF
| war.
The danger of the lumber interest from the
enormous amount of wood used in cooperage
attracted parliamentary attention again in 1866,
and law was enacted providing that export
ers of beer should bring back certain amount
| of lumber for every cask exported, or should
cause the casks to be returned. At the OPEN
ing of the seventeenth century excessive drink
ing began to attract attention, and in 1904, it
was ordained that no persons, except travellers
and people under pressure of necessity, are to
be allowed to remain in inns drinking and tip
ping. In 1905 a law was passed strongly re-
probating drunkenness, and providing that any
person convicted of drunkenness should be
fined, and if the fine were not paid should be
set in the stocks for six hours. On second
offence sureties for good behavior were reqnir-
ed to be given the court. No one living in a
town was allowed to continue drinking in an
ale-house therein. During the period OF Crom-
we'll distilled liquors appeared in legislation
and were lightly taxed. The laws enacted
during number of years following were gen.
orally in the nature OF modifying the license
legislation here noticed. In 1893 the importa-
tion of foreign brandy was prohibited in an act
France" This law was repealed in 1903 and
an imp ,rt duty was levied. In 1899 fears
began to be entertained that distlleries, by ex-
hausting the produce of the soil, raised the
price of grain. Accordingly, heavy penalties
were imposed for manufacturing more spirits
than the act permitted. Illicit distilling had
increased to an alarming extent, aud extensive
powers were conferred upon officers, on suspic-
ion of the existence OF private stills, to search
for them, by breaking open doors, etc. The ex-
portation of ale and beer, except to colonies in
America and elsewhere, "that have usually
been supplied with such liquors from this king
dom," was prohibited for limited time. In
100 the license system was first applied to the
sale of distilled liquors at retail. A singular
practice was introduced into the legislation OF
George l., whereby particular towns in Scot
land obtained educational funds from the pro-
ceeds of excise duties on the sales OF ale and
beer in their respective localities. This legisla-
tion was very popular, and it was applied in
succession to many cities and towns, commenc-
ing with Glasgow. The sales promoted ignor-
ance and destitution, while the excise money
was relied upon as countervailing force
This dependence of education upon ale, or the
support of the teachers chair by beer-barrel,
was a shrewd Scotch invention, of which
Scotchmen appear to have had the exclusive
benefit.
The legislation of 1923 was highly restrictive.
Heavy license fees were required, except of
physicians, and other stringent rules we're en-
acted. This law was unpopular and soon re-
pealed. In 1743 an anti-license party had OBJ
tanned the upper hand in legislation and mat
tors were made very easy for the dealers. The
next year more stringency appeared, and in
1853 it was provided that Justices of the Peace,
being brewers or innkeepers, should not be
allowed to act in granting licenses. About this
time heavier excise and import duties were
laid, Parliament declaring that as a result OF
long experience the high prices of spirituous
liquors were the principal cause of the diminu-
tion of home consumption. This was the near
est approach to prohibition during the period
covered by professor Dwight's article