Three 1700s English Court Cases About Hops

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Have you even noticed I particularly like beer related stuff from before 1800. Have you noticed I like beer related stuff related to the law? Imagine then my joy when I came across a searchable database for the English Reports, the law reports series from the Magna Carta in 1215 to the Judicature Act of the 1870s… or so. The first word I put in the database was “hops” and then “hoppes” just like I did when I cam across this early modern print aggregator tool a few months back. Why hops? Something of value worth arguing over, something with a relatively clear entry point into English culture. Plunk it into the English Reports and, right off the top, three court cases pooped up from the second half of the 1700s. A perfect moment to pull out the image I tucked away for just this situation, the mid-1700s hop picking scene “Hop Pickers Outside a Cottage” by George Smith (1714 – 1776). Notice how in the image, the hop polls are brought into the yard and then are picked by hand there. It’s not without relevance.

The first case has the best narrative. In the ruling in Tyers v. Walton T. 1753. 7 Bro. P.C. 18, there is a dispute between Rev. Walton, rector of Mickleham in Surrey and vicar of Dorking, and Mr Tyers who had a certain acreage of hops within those parishes. The dispute arose because the good vicar had the right to be paid a tithe of the hops in all these two parishes. In 1745, Tyers paid the tithe in the form of 20 guineas. from 1746 to 1750, he provided a tenth of the crop after the hops were picked. 1751, however, was a bumper year and great quantities of hops grew upon the 28 acres that Tyers controlled. Tyers got greedy. He offered a maximum of 20 shillings an acre. This was refused. In response, Tyers seems to have cut the bines on every tenth hill, did not pick the hops and told the vicar to gather them himself. The law was not amused. At trial the court held that “that hops ought to be picked and gathered from the binds before they are titheable” meaning, pick ’em then divide out the 1/10th share. At the appeal hearing, the court held “the appellant had not made the least proof that the tithe of hops were ever set out before they were picked from the bind or stem.” Not the sort of thing an appellant like to hear. 1-0 vicar.

In the second case, Hunter v. Sheppard and others 1769 IV Brown 210, there is no vicar. Just a hop merchant and his purchasing agent. London-based James Hunter is described as being “one of the one of the most considerable dealers in hops in England.” His agent, named Rye, worked in the Cantebury area for years had been well known as Hunter’s man. But in 1764… there was another good year with hops bearing top price. Rye set out to make deals as an independent – without telling Hunter or anyone else. The case gets quite involved. There is much unraveling of what each landowner knew, which agent was working for which buyer and what the prices were. The Court took the matter seriously as Hunter’s purchases for that one autumn in just the Canterbury area were worth a total of 30,000 pounds. In current UK currency, that is worth £394,200,000! Money. At trial, Mr Hunter did not win the day. The judge ordered an elaborate sharing of the proceeds among a number of parties. Hunter appealed and at the appeal the Court made a wonderful observation on the nature of Hunter’s business:

The trade was at that time very particularly circumstanced, hops being in 1764, like South Sea stock in 1720, or India stock in 1767, and it required great precaution to deal in them with safety and advantage; in all which cases, the great art is to conceal the real intention; and the appellant being the most considerable dealer in England, was not obliged to let into the secret every man who pleased to speak to him on the subject, whether upon the road or elsewhere.

The panel hearing the appeal was not impressed with Hunter. One is never encouraged in court when being compared to the South Sea Bubble. The Court held Hunter sought to seriously play the Canterbury hops market and “to support these propositions he had entangled himself in a series of contradictions; and the assertions in both the answers were in many respects falsified by the evidence for the respondents.” The word fraud is then used. Too bad for you, Mr. Hunter.

In the final case, Knight v. Halsey 1797 7 T.R. 88, we find ourselves thirty years in the future but back to the question of tithes. Unlike the previous two cases, the interesting thing is not the narrative tale like something of a distant backstory employed by a Victorian novelist to establish why two families in the 1860s hate each other. The interesting thing is the recitation of the law. Knight is described as “the occupier of a certain close in the parish and rectory of Farnham” while Halsey grew hops. The dispute arose in the manner in which the hops were to be picked and divided. The Court considered the 1753 case of Tyers v. Walton discussed above but reached back farther in time to a case called Chitty v. Reeves in the Court of Exchequer, from Michaermas term 1686 brought by Ann Chitty, the widow and executrix of C. Chitty, against Reeves of the parish of Farnham. It quickly gets even better as in that case, the Court relied on even earlier evidence and held:

It fully appearing to the Court that the custom, usage, or practice of paying tithe hops in the parish of Farnham, in the county of Surrey, for above sixty years past, hath been that the impropriator or his lessee hath had for their tithe the tenth row when equal, or else the tenth hill; that the same have been left standing with the hop binds uncut, and that the impropriators, &c. have always had convenient time to come and cut the said binds the hops upon the grounds…

Fabulous. This means that in the 1797 case, the court is relying on a finding of fact based on evidence from the 1620s that people, like those in the painting above, could take their time to gather the hops owed to the church when it suited them. Boom! That is law as good clean fun. The court reviews a heck of a lot of tithe law but keeps coming back to dear widow Chitty from the time of Charles I. It also points out, conversely, that a custom which is against reason cannot prevail and is, accordingly, legally void. We gotta move on. At a time of transition into the next century’s looming industrial era, it is quite extraordinary – and Lord Kenyon, the Chief Justice admits as such when he states “[w]hether tithes be or be not a proper mode of providing for a numerous class of persons of great respectability, the clergy, I will not presume to say…” In the end, Kenyon throws up his hands at all the information before him and, I understand, orders a new trial to get to the bottom of this claim of a long standing custom versus commercial common sense.

Wow. Such drama. The good widow Chitty and the mercenary Mr. Hunter all jump out off the page, all in the name of their share of the value of the hops crop as England is balancing its rural traditional past and its modern commercial future. Neato!

One Brewery And The Problem With Records

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I hate records. Well, I really like them. But I hate them. See, we are subject to their limitations… or at least two of them. Or three. The last one first. Finding them. For a while I have been grabbing images of maps including the sites of early breweries in Kingston. I have not seen the actual maps. Just the scans. So I realize that, over time, I have noticed that the maps do not focus on my needs but the needs of others. How surprising. But then I next realize there are other records I know nothing about. The maps above are from the 1790s, 1801, 1810, 1815, 1828, 1845, 1849, 1850, 1850, 1850, 1853, 1858, 1866 and 1869 respectively. There must be others. Yet, I know there isn’t the set I need. A set of maps about the Kingston Brewery first built no later than 1793 and then build up and added to… and renovated… then burned down then rebuild and added… and renovated… then burned down… and built again. What did we write about this spot in Ontario Beer?

In the garrison communities of Kingston and Niagara-on-the-Lake, larger and more formal breweries were founded to supply the colony generally and the troops in particular. They were built with government approval to provide beer to the colony and its protectors. In 1793, at Niagara-On-the-Lake, John Hewitt placed a notice announcing both establishment and official approval of his brewery. It was set to open in time for that year’s grain harvest. In that same year, John Forsythe built his brewery in Kingston at the south end of the aptly named Brewery Street. Forsythe appears to have been an investing capitalist, apparently without the skill or inclination to brew the beer himself. He moved through a number of partners and tenants before John Darnley took over operations in 1797. Darnley managed the brewery until 1810.

Steve Gates has more detail in his book The Breweries of Kingston and the St.Lawrence Valleybut the most interesting thing is that part of the structure of the brewery as it grew and aged and hung on and got turned into condos is still there. Which got me thinking… what is still there? So, we go to the maps. In the 1790 map, the road is called Brewery Street which makes one think there is a brewery on the street but the brewery is not shown where it is later shown. The 1801 map shows a couple of buildings on water lot “C” and the 1810 map names lot “C” as being in the hands of John Forsyth – no final “e”. So we know we have the right spot. The 1828 map shows the location of buildings in quite a realistic style oriented towards the shoreline just north of where it takes a 90 degree turn. A small Georgian colonial enterprise.The 1845 map shows one building sitting in the way of the northern ambitions of Wellington Street. It also shows water lot “C” as the property of Phillip Wenz who bought it in 1826.

The 1849 map is a peach. It shows the brewery clearly and also how the water lots are getting filled in. The brewery is starting to seem out of time with the surrounding land uses. It’s not on the first 1850 map. It is on the second one and seems to have a lane working its way around the front of it to take into account the odd orientation of the building. The shoreline is getting farther and farther away with all the filling going on. The last 1850 map and the 1853 one shows up to ten buildings located on water lot “C” all entirely higgle-piggle to each other. The 1858 one shows no brewery building but a whack of new fill proposed to take into account the snazzy new railway. The 1866 map shows Wellington now reaching all the way to Bay Street, built on fill, the brewery noted on the new street corner. By 1869, it appears the brewery is all neat and tidy and faces the road neat and tidily like all the other orderly Victorian structures in the neighbouring roads. None of your organic Georgian ways for this modern brewery.

What does all this mean? Well, there could be the recording of four or five configurations of the buildings. None of which were the location I noted in 2012. If you click on the left hand image at the top of this post, you can see some of the oddly oriented buildings were still there in 1908. And bits of that era continue today as you can see in this post from 2003 the building hundreds of feet inland from the 1824 waterfront location. It moved overtime. Reconfigured. If you had enough of the right records you could write an entire book on the history of that one patch of land. If you had the right records.

Albany Ale: Straw In Wheat Beer Is Next Big Thing

It’s not quite like ten years ago when one’s name could appear in The New York Times, but I got word from cousin Mike Malone of, amongst many other things, “Books and Beer” on 1460 AM radio WVOX that news of the May 16th event in Middleburgh, NY had hit the Ale Street NewsCraig has been working on a press release:

On May 16th, The Middleburgh Public Library, The Albany Ale Project, and Green Wolf Brewing Company are hosting a day long (1pm to 5pm), family-friendly event celebrating beer, brewing, and Middleburgh’s Revolutionary War history to benefit the Middleburgh Public Library. MacKinnon Brothers Brewing Company, of Bath Ontario, will also be participating. The event will be held on Baker Avenue around Green Wolf Brewing Company (315 Main Street, Middleburgh) and behind the Middleburgh Public Library (323 Main Street, Middleburgh.)

The day’s activities include a Revolutionary War encampment, colonial brewing and cooking demonstrations, 18th century toys and games for kids, talks on the history of beer and hops in upstate New York and the Schoharie Valley, a Schoharie Valley hops display at the Middleburgh Library, beer samples from Green Wolf and MacKinnon Brothers.There will be Green Wolf brewery tours, as well as food from Middleburgers BBQ and Under the Nose gift shop and bakery. Craig Gravina and Alan McLeod will be selling and signing copies of their book Upper Hudson Valley Beer, and the day culminates in “The 1780 Beer Challenge”, cask tapping and tasting.

This is really neat. Looking forward to learning more about one of the areas of New York where the people who found refuge in eastern Ontario came from 240 years ago. And really looking forward to seeing recreations of how straw was used to make strong wheat ale. The more I learn about straw the more I think it was critical to pre-industrial scale brewing even if we have all forgotten its usefulness. Go straw!

239 Years Ago There Was This Tavern And These…


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“Settling the Affairs of the Nation”… that is what it’s called. After yesterday’s 1919 barroom scene from New York City, I was looking for an earlier characteristic tavern scene. Sadly, photography did not exist in 1775 so this print will have to do. Click for a bigger image. The first thing that caught my eye was the architecture with that serving stall in the corner. Late 1790s and early 1800s Ontario taverns were build with that sort of structure according to In Mixed Company by Julia Roberts. There are a few interesting commentaries on this image.

The British Museum dates it at 1784 describes the copy of the print above in fairly technical terms:

Interior of a tavern, where four men are sitting in the left foreground, one carrying a basket on his back, listening to a soldier who stands with his back to the hearth, one hand raised as he talks, while a woman pours out a glass behind a counter on the right; shelves with plates, a pot over the stove, a gun by the counter, leaves tucked into the panes of the window, bird-cage and branch of foliage hanging from the ceiling, a print of Pine’s portrait of John Wilkes above the door, and two tubs of vegetables on the flagged floor in the foreground.

1775tavern2The blog The Still Room provided an alternative version of the image – which is under that thumbnail to the right. Another male figure is added to the right:

There are a lot of fun things to explore in this print sold by Bowles & Carver in London. I’m enjoying the tavern maid’s cap, the spitjack (which rotated roasting meats over the fire, the standing man’s pack basket, the sprigs in the tavern windows (anyone know the purpose? and the branch hanging from the ceiling next to the bird cage?), the vegetables in the bucket and tub on the floor, and so forth.

The blog Hiddendirk dates it at 1775 and explains the purpose in this way: “Notice the mistletoe hanging from the ceiling, the wreaths on the door and the evergreen cuttings in the windowpanes. It is a Christmas scene. The image discussed is again the one with the extra man to the right. Even bigger version here. Still more on the Christmas theme of the image at this Colonial Williamsburg webpage.

The thing I noticed first is the man sitting nearest the center is drinking a quart. Not sure how he can be wrapped up in a coat when he is about sitting six feet away from about 300 pounds of blazing charcoal. The first does look a little over stoked. The officer with the roasting buttocks is holding court. All eye’s are upon him. The version with the man by the door is finer. The sign above the door and at the drinks stall are legible. The latter says “Punch in Large Quantities”. Does the other read “Heart’s Ease”? There is a cask labeled “GIN” on the counter behind the server. There is no cask in the British Museum version and tankards are hanging from the shelves.

The painting above the door is described as being a portrait of John Wilkes the member of the British Parliament who was a radical and supporter of the American Revolution. The soldier is facing it as he expounds. I like the way the gun is resting by itself in the corner. There are a few messages about plenty. Is the message that the authority of the soldier is out of place? Or is he back from the wars? The pamphet on the table reads “The King’s… [something]”… is it “speech”? The pot is about to boil over. The man attending the fire is asleep as his his dog.

Considering The Role Of Ale On This Canada Day

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Nine years ago, back around those heady days of political blogging, I wrote a series of posts on a fictitious Atlantic Canadian separation movement focused on a mde-up new capital called Tantrama City. One post set out details of the Canada Day celebrations under the new governmental order and featured the photo of Neil and Larry above. I have no idea who these guys are but I love it. It may be the most Canadian image I have ever seen. The nutty bow ties in the national colours, Neil’s boring earnest shirt and Larry drinking a Bud. And the fact they don’t give a crap and are just having a good time.

Is there a Peru Day or a Norway Day? Canada Day is such a politely bland concept but, this being a confederation with lingering prickly regional identities, it suits us. We are the country that cancels recreations of historic events. Why recall past unhappinesses? What we remember in particular is the formation of one semi-autonomous colony out of three in 1867 (or was it four… Canada was sort of split into Canada East and Canada West but had formerly been separately Lower Canada and Upper Canada from 1791 to 1841), two of the invitee colonies not joining in until six (PEI) and eighty-two (Newfoundland) years later. My particular part of the nation remembers the events with mixed emotions.

So, on this we day celebrate the fourth version of Canada after the one that was otherwise a bit chunk of New France up to 1760, then the one with the Upper and the Lower, then the one that didn’t work from 1841 to 1867. And maybe the one from 1763 to 1791, too. OK, maybe this is the fifth Canada. Most of all we recall the man who is attributed with bringing the four colonies together, Sir John A MacDonald. Larry and Neil might well have been making a joke or two about him – as the founder of a large part (but not all) of our current constitutional structure (yes, it is a bit messy) was a bit of a drinker. A bit of one. Consider this description of one of the planning sessions from the pre-Confederation years:

“…The Council was summoned for twelve and shortly after that we were all assembled but John A. We waited for him till one – till half past one – till two – and then Galt sent off to his house specially for him. Answer – will be here immediately. Waited till half past two – no appearance. Waited till three and shortly after, John A. entered bearing symptoms of having been on a spree. He was half drunk. Lunch is always on the side table, and he soon applied himself to it – and before we had well entered on the important business before us he was quite drunk with potations of ale.” But, after two and a half hours of debate, the wound up their discussions of the constitutional changes and agreed on the course to be followed…”

So, we are a nation imagined and brought into being by a drunk. That is the story we are told. Historian Ged Martin in 2006 published this detailed study of the record of Macdonald’s drinking patterns which both confirms the fantastic level of consumption, his personal struggles as well as the possible causes. It is a very sympathetic piece. If they read it, I am sure Larry and Neil would like him more… and raise another beer to the nation imagined mid-spree thanks to potations of ale. They’d probably raise an American one come to think of it. But only if it was the nearest one. We are not that fussy.

May Two-Four And Our Well-Wishing To The Crown

bobdoug1Even though it is just the 17th of May, this weekend is nicknamed May Two-Four. It is Canada’s non-much-observed celebration of the lass who was Queen Victoria. Monday is still called Victoria Day. It also has a quiet subtext of somehow being the celebration of the present Queen’s birthday. If those are the dimming antecedents, the once glowing purposes of the day – they are doubly wrong. Our current absentee monarch was born on an April 21st. Vicky was born in May 24th but, as you may note, that is not today’s date.

And yet this is the weekend of May Two-Four. Not next weekend which contains the twenty-fourth day of May. This one. Why? Because a two-four is the name of a cardboard case of 24 bottles of beer. Twenty-four 12 ounce bottles is that unit that is beyond personal consumption. It implies either sharing or duration. A long warm weekend is apt for both. And gardening and fireworks. Because we have no real remaining cultural focus on this long weekend, unlike any other long Canadian weekend, we are now free to create our own. So we think about drink in itself. We just enjoy ourselves.

It was not always so. In the course of co-writing one book on the history of beer in Ontario and another on Albany, I have written about three drink laced celebrations of the Monarch’s birthday in 1755, 1776 and 1828. As I mentioned the other week, Sir William Johnson supplied the Royal loyal allies of the monarchy, the Mohawk nation of central New York, with beer during the Seven Years War – aka the French and Indian War. One of those deliveries, as noted at page 572, was on June 4, 1755 when he obtained two barrels of beer from Hendrik Fry for the Mohawk at Conajoharee to drink to toast the birthday of George III. As I wrote a year ago, Craig and I located the scene of the drunken tavern brawl 21 years later in Albany which finally ripped that city’s Tories and Patriots apart triggered by overly vigorous toasting to the King. Perhaps my favorite Royal birthday celebration in British North American happened about half a century later. As you will see in Ontario Beer, at a celebration of the King George IV’s birthday hosted by the Canada Company on 12 August 1828, 200 settlers gathered at what is now Guelph when it was at the point where the forest met the clearing of fields. A whole ox was roasted held over the fire with logging chains. As there were few utensils, most of it was eat off of wooden shingle plates with a stick for a fork. After the eating was done:

…toasts were drunk to everybody and every conceivable thing, the liquors of all imaginable descriptions being passed round in buckets from which each man helped himself by means of tin cups…

It is recorded that many were found the next morning reposing on the ground in the marketplace “in loving proximity to the liquor pails.”

Now, I am not suggesting we take our Canadian admiration of the Crown to that point. But… it is a proud tradition. It brought together peoples as loyal allies, insulted our treacherous enemies and celebrated the new frontier in our new homeland. If I had my druthers, that would be what we celebrate today. Not so much the Crown or a particular monarch but the loyal pioneers who defended the cause and created the nation. And drank like idiots as they did and because they did. Because we are like that.

Albany Ale: Beer Rewarded Loyalty Against New France


A month or less to go for the delivery of the Albany and Upper Hudson Valley beer history and Craig and I are putting on the almost finishing touches. One difficult stretch was the first two-thirds of the 1700s as, basically, the same families kept brewing and – surprise – got richer generation by generation. Fortunately, a war broke out in the middle of the century to spice things up. I had presumed that the only news would be about the suspension of brewing as that is what war does… among other things. But then I came across this in his papers:

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These are accounts from William Johnson, the 1st Baronet of New York and a personal favorite of mine. Near my work there are two streets, “William” and “Johnson” which commemorate the guy whose son helped settle our fair city. But that was after the war after the one just begun when these accounts were noted in 1755. In 1755, the Mohawk, the British and the Dutch were all united against New France and its plans for invasion from the north. In the defense of the empire, Billy Johnson did everything he could think of including, apparently, shelling out beer.

I had known he was a beer buyer but not like this. Names like Hendrick Fry appear in these accounts, some the same as names that appear over a decade later in the lists of members in the Masonic Lodge at Albany. The accounts show how barrels of beer were used to retain and reward loyalty with the Mohawk allies in the summer leading up to a campaign at the south end of the Champlain valley when Johnson took on the French and kept them from marching farther on to Albany.

The last image on the right is interesting. It makes passing reference to one Barent Vrooman. Vroomans were a Dutch brewing dynasty who, like their fellows, expanded from the Hudson valley into Schenectady in the late 1600s and then into the western stretches of what was then called Albany County in the first half of the 1700s. Barent the brewer died in 1746 so this must be a nephew or a cousin. In any event, Johnson seems to have sent him something more useful than beer. He sent a Mohawk warrior to guard him.

1749 Quebec Drinks Advice From Pehr Kalm

image56Home alone on a sick day, what else better to do but catch up with my old pal Pehr Kalm on his travels 264 years ago. Working on the Ontario beer history book in recent days, I am looking for references to brewing in New France to seek if I can established what might have been going on around here before it was even Upper Canada. See, what is now Ontario has been many things in the past, bits and pieces of many empires. Beer and other drinks hitch a ride with most of them. And until 1791, southern Ontario was part of the British colonial Province of Quebec and, before 1758-60, part of New France.

And we have some really swell tidbits of information. On 15 August 1749, Swedish botanist and diarist Pehr Kalm was at a reception for the newly arrived Governor General of New France, the Marquis de la Jonquiere, where he reports the “entertainment lasted very long and was as elegant as the occasion required.” All the greatest and the good of the colony were there but you get the sense that it was a wee bit laddish as this is the main topic he records of the conversation:

Many of the gentlemen, present at the entertainment, asserted that the following expedient had been successfully employed to keep wine, beer, and water, cool during the summer. The wine, or other liquor, is bottled; the bottles are well corked, hung up in the air, and wrapped in wet clouts. This cools the wine in the bottles, notwithstanding it was quite warm before. After a little while the clouts are again made wet, with the coldest water that is to be had, and this is always continued. The wine, or other liquor, in the bottles is then always colder than the water with which the clouts are made wet. And though the bottles should be hung up in the sunshine, the above way of proceeding will always have the same effect.

I need to try that one. We have to remember that Kalm was not an idle wanderer. As the Borgstates, he “was commissioned by the Royal Swedish Academy of Sciences to travel to the North American colonies and to bring back seeds and plants that might be useful to agriculture.” So, he is a scientist on the lookout for things… stuff… doings and goings-on.

He describes a pretty rich diet amongst the elite. Brandy, coffee and chocolate for breakfast. Red claret and spruce beer are in much use at the noontime dinner and again at supper at seven in the evening. He notes that people store their beer in their ice cellars beneath their houses to keep it cool in the summer and notes that it is customary to put ice in drinks to keep them cool. It is likely that the beer is spruce beer as “they make a kind of spruce beer of the top of the white fir” which is seldom taken by people of quality. He also notes that it is “not yet customary here to brew beer of malt” and also “nor do they sow much barley, except for the use of cattle.”

This last bit is interesting as one hundred years before the Jesuit records clearly show efforts to create local brewing capacity as part of the earlier economy of the colony. Kalm, however, describes a wealthier and less self-sufficient colony in the late 1740s at least among the elite. There is no longer a press so all books are imported from France. Large sums are spent on boat loads of wine. Cider and beer are so 1630s it would appear.

What does that mean for Ontario? Well, likely the forts by the end of the French empire were supplied with casks of wine rather than malt made beer. Yet, in the last quarter of the 1600s, that was not necessarily the case. When the likes of Lasalle and Frontenac ruled the spot where the Great Lakes meets the St. Lawrence River… who knows?

Ontario: Women And Beer Before Temperance

sessionlogosmThis month’s edition of The Session is about women and beer which, if you think about it, represents 50% of everything in our beery culture. Sure it does – as long as you have your methodology correctly aligned. So, there should be a wide range of topics. For me, I noticed a few things along the way as Jordan and I have been researching and writing the history of brewing in Ontario and especially things prior to 1860 that are well worth sharing. Why 1860? Temperance and trains, of course. The whole society changes when trains and temperance get a major foothold.

The thing is that – before temperance and trains – beer seems to be a townie drink, a drink that you get when you are within reach of a brewery or a transit point. Consider this as you consider that, as set out in the Oxford Symposium on Food and Cookery 1991: Public Eating Proceedings, in the chapter “Temperance Hotels and those ‘Damned Cold Water Drinking Societies’” Powers and Duncan describe at page 238 how Catherine Parr Trail:

… gave advice to immigrants in 1852 and included recipes for making beer, noting the absence of the ‘sweet well flavoured home brewed beer of the English farmhouses. Unfortunately, she said, “the taste for beer has often unhappily been superceded by that of whiskey.’ She provided recipes for treacle beer, beet beer and maple beer as an alternative to whiskey.

See, once you get anywhere away from town and a cartloads of hooch is heading your way, it is going to have the most concentrated form of the stuff on it unless there is a compelling reason not to do that. And until trains and temperance push to the forefront, there just isn’t a reason. And see Parr Trail missed the “sweet well-flavoured home brewed beer of the English farmhouse”? This backs another thing we suspect: that there was not a lot of surplus barley floating around Upper Canada even well into the middle third of the 1800s. One farmer interviewed in his old age recollected that he didn’t even see barley until he was in this twenties in the early 1840s. Which leads to beet beer on the frontier. You do what you can.

So, what was the place of women in such a culture. Fortunately, I have my copy of In Mixed Company by Julia Roberts reviewed back here in 2010. Roberts has a chapter in her book entitled “Public Life for Women in the Era of Separate Spheres” which discusses the experience of women in Upper Canadian taverns. And I have a handy copy of Wives and Mothers, School Mistresses and Scullery Maids: Working Women in Upper Canada 1790-1840 by Elizabeth Jane Errington, a historian who I have had the pleasure of meeting. Errington’s books has quite a number of observations of the intersection of women and alcohol in the colony during that period.

And what do we learn? One thing is that women were present in taverns as daughters, wives and widows working under or as licensee but also as travelers stopping at the inn and even local drinkers. Roberts indicates that as early as the 1830s inns were advertising special separate provisions for female customers. These provisions were further divided by class and included separate entrances, parlors and waiting rooms as well as balconies. And in some cases they are recorded as drinking alcohol including beer:

At Robinson’s tavern in Prescott, “Sarah” charged half a pint of beer in 1844… Widow Wilson lodged at Robinson’s for two and ah half weeks starting 31 October 1847. On her first day, she charged a glass of whisky, a glass of brandy and several pints of beer. She then stuck to beer and her tally on the last day of her stay was fifty-six pints, an average of three pints a day. Treating others accounted for part of the total.

As the title indicates, Errington’s book focuses on the working life of women. She notes that even when a couple ran a tavern together, as noted by one traveler in 1797, the husband ran the farm while the wife ran the tavern. As the post-Revolution economy evolved, wives were less involved in maid’s work and more often acted as hostesses especially in more established hotels. On the frontier, however, things were not as genteel. Errington quotes from Susanna Moodie on the preparations for a work bee when neighbours came to achieve some collective goal:

…our men worked well until dinner time, when, after washing in the lake they all sat down to the rude board which I had prepared for them, loaded up with the best fare that could be procured in the bush. Pea soup, legs of pork, venison, eel, and raspberry pie, garnished with plenty of potatoes and whisky to wash them down, besides a large iron kettle of tea.

Women and beer? Before the rise of temperance as a political force to be heeded and before the train when barrels of beer could be gotten in as far as the rail line went, it was a townie thing in Upper Canada. And women were there as they were everywhere.

So… Were There Loyalist Brewer A-Holes, Too?

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I have been putting my mind to the question of who was the first Loyalist brewer in what is now Ontario. Not the first brewer but the first Loyalist brewer. Which means there is a starting line that is fairly identifiable, the end of the American Revolution. The image above is by James Peachey, a war artist, of some of the first Loyalists settling in at Kingston next to the ruins of a French outpost last populated from 1673 to 1758 or so. The image is from June 1783 as the first Royalist Americans trickle in from the south, from places like Albany, NY. Their tents in the back by the ruins are just about where this place sits now.

The usual story is that the first brewer in Ontario was Forsythe at Kingston in 1793 or Finkle at Bath around 1786 or so at his tavern, the first between Kingston and what is now Toronto. Based on the records. Which is what is great about records and what sucks about them. See, in that picture above I see he beginnings of a wave, the fist few of a lot of displaced farmers and successful towns folk. Not a lot of them are going to be very much against having an ale. And not very many of them are going to have much to do at the moment, being displaced refugees given three years of supplies. It does not make much sense to me that such capable folk are going to wait years for investment in a fixed brewery or the opening of a tavern to get their beer. I have been looking for something that will back up my suspicions. Like this bit about Joel Stone, a Loyalist from Connecticut who in about 1787…

made the journey together up the St. Lawrence to the ramshackle refugee camp of New Johnstown (now Cornwall, Ontario). Ever reliant on his family, his half-brother Stephen came up to assist Joel. Along with him came eleven other men from Litchfield, all eager to take up lands in the new province. Stone once had high hopes in this new land, even petitioning Sir Guy Carleton to make him “Deputy Surveyor General.” Stone would receive no such government office upon arriving in Canada. Instead he wrote to his father, “I have begun making malt brewing beer and distilling spirituous liquors from wheat, barley, rye etc…”

See, one thing I see over and over is how easy beer is to make with the basic ingredients and a basic sense of the technique. And if I can do it what in God’s name would keep someone in the 1780s from doing it, too? Nothing. We see this today all around us. A surge of new and in progress breweries popping up, of many degrees of quality from any sort of brewer. A bucket or two of malt, heat, water and some herbs from the bushes and – voila – you’ve got your beer.

It’s the resilience of beer and the will to make it and drink it that impresses. Whether setting aside a portion of your supply of seed in the 1780s or, today, scraping enough to get the first growler out the door, there is a will to brew. Doesn’t mean you’ll last, be remembered or even be any good. Beer doesn’t really care. It just wants to be made, that’s all.