A brewing problem?

Lord Dauid –
I am a brewer of no small fame and my brews are in high demand. I know my quality is par excellence, but do I have to worry about any legal issues? After all, the last thing I wish is to brew up trouble.
“Master Ronald”

Dear Master Ronald –
You are right to be concerned, if you are an English subject at least. Your trade, selling Ale and the like, falls under the jurisdiction of the Court Leet, also called frankpledge. 1There were three types of secular courts in Medieval England; Assizes, Court Baron and Court Leet, although by the 13th century, Court Baron and Court Leet were effectively interchangeable. This term is different than the popular Knowne World conception of Court Baron, so beware of unscrupulous types who have been awarded a Court Barony who attempt to use their station to get free drink. Instead, Court Baron is a type of court, not a person. Court Baron often dealt with local issues of the manor, such as admitting new tenants to the land. Most other issues, including minor crimes, civil issues, and various court officers would be handled by the Court Leet, whereas major crimes would be handled by Assizes, roaming courts that would hear criminal cases a limited number of times during the year.2 Among the Court Leet’s many responsibilities were adjudicating issues concerning the quality of food and drink. To do so, various officials would be appointed. Carniters, also known as meat tasters, were responsible for the quality of meat in the local area. Likewise, Bread Tasters ensured that bread being sold was not more sawdust than grain.3

The official of most concern to you is called the Ale Conner, or ale taster. It is the Ale Conner’s job to make sure that the ale you sell is not too weak or of inferior quality, as well as assign a tax according to the strength of the ale. According to legend, there are various methods that the Ale Conner can do this. One more interesting method is to pour some ale on a wooden bench and sit on the puddle of ale while wearing leather pants. If, after waiting for 30 minutes, he sticks to the bench, there is too much sugar in the ale, and is thus impure. An alternative thought was that if the pants did not stick, the ale was too thin and unworthy of the courts seal of approval. The more likely method of checking the quality and strength of the ale was to drink a small amount. In London as of 1419, the Ale Conner had to swear an oath that he wouldn’t let ale brewers sell above a certain price, and if after tasting the ale, would ensure that the price matched the quality.4

The fines for selling weakened ale could be steep. For selling as few as 3 times before tasting by the Ale Conner, you could be fined 12 pence. This was not a rare occurrence, either. Many brewers have been fined with the only explanation being the ale was “too weak” or “not of good enough quality.” 5

I hope that I have impressed upon you the importance of getting your ale approved by your local Ale Conner. Alas that I do not live in your Barony, or I would be most anxious to be appointed Ale Conner. In fact, if Their Excellencies in my home Barony of Altavia require the services of an Ale Conner, I humbly offer my services.

Yours in Service,

Lord Dauid Eadwines sune

Footnotes
1: For more information on frankpledge, see The Frankpledge System by William Alfred Morris, PhD. 1910, available free of copyright at http://www.archive.org/details/frankpledgesyste00morriala; see also A Tretese on Copyhold, Customary Freehold and Ancient Demense Tenure with the Jurisdiction of Courts Baron and Courts Leet by John Scriven, Esq., Sergent at Law, Volume II, 1834, available free of copyright at http://books.google.co.uk/books?id=MfAyAAAAIAAJ&pg=PR1#v=onepage&q=&f=false
2: A more thorough description of the various courts and their jurisdictions will be discussed in the future.
3: Source: http://www.british-history.ac.uk/report.aspx?compid=63777
4: Source: A History of Beer and Brewing by Ian Spencer Hornsey, Cambridge 2003 p. 285
5: Source: Life in a Medieval Village, Francis and Joseph Gies, New York 1990 pp. 182-183