The Old Cherry Tree

William Hobbs died 2 September 1846 in Cheltenham, Gloucestershire County, England. The civil registration of his death provided details that were illuminating about William's life such as his age, occupation, and the cause of his death. However, one detail recorded on the certificate has puzzled many of his descendants.

            The certificate described the location of William's death as "at the Old Cherry Tree."[1]  There have been numerous conjectures about the meaning of this phrase. There are two things to note before moving forward with this question.

            First, the occupation recorded on the death certificate stated William was a "well sinker."[2] This and other occupations were recorded on the parish registers documenting the baptisms of William's children. Policeman, laborer, and beer seller each appeared on the several documents.[3] He was described as a beer seller on the two parish registers of his final children—the last one being recorded just two months before William's death.[4]

            Secondly, every family history written about the William Hobbs and Ann Owen family has included a similar brief biographical sketch, "William ran a 'beer store' which might mean a little grog shop or tavern."[5] This tradition seems to be verified by the baptism records even though the death certificate reported another occupation.

            The question about the meaning of the "Old Cherry Tree" phrase was answered by a search in the local newspaper published during William's lifetime. Two brief entries in the "Cheltenham Public Office" section of the Cheltenham Chronicle provided evidence that solved the problem.[6] The Old Cherry Tree was a beerhouse.

"William Hobbs, landlord of the Old Cherry Tree, was charged with keeping his house open, for the sale of cider, past eleven o'clock, and having five persons drinking on the premises. The defendant said that the persons in the house were plasterers come to whitewash the house after the company had retired."

"Alice Webb, charged with stealing a gown, the property of Mrs. Hobbs, of the 'Cherry Tree' beer house, was remanded till Monday for further examination." 

            Pursuant to the Alehouses Act in 1828 and the Beerhouse Act of 1830, "Landlords had to declare that they would not operate a disorderly pub and enter into certain obligations before the court could issue a license."[7] Alehouses and beerhouses were classified differently from taverns. The former only sold "ale or beer whilst taverns sold additional beverages such as wine and spirits."[8] For a yearly fee of 2 guineas, anyone interested in operating a beerhouse could open their own establishment. Sometimes a landlord would open for business within the confines of his principal occupation's shop so that he could sell beer along with his other services or merchandise. Beer or ale could only be sold for eighteen hours a day from 4am to 10pm.[9] Thus, when the local magistrates found men in the Old Cherry Tree after 11pm they brought charges against William Hobbs. The ensuing newspaper notice became a vital clue in the explanation of "the Old Cherry Tree" phrase on his death certificate.

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[1] England, death registration, entry 209, Cheltenham, Gloucester district, General Registry Office, Southport, William Hobbs, died 2 September 1846.

[2] England, death registration, William Hobbs, 2 Sep 1846.

[3] Church of England, Diocese of Gloucester (Gloucestershire, England),"Bishops Transcripts for the Diocese of Gloucester, 1813-1909," A-Ch, FHL microfilm #394307, Charles William Hobbs baptism, 3 April 1833; Church of England, Diocese of Gloucester (Gloucestershire, England), Bishops Transcripts for the Diocese of Gloucester, 1813-1909, A-Ch 1836, FHL microfilm #394319, Henry Hobbs baptism, 13 December 1836; Church of England, Diocese of Gloucester (Gloucestershire, England), Bishops Transcripts for the Diocese of Gloucester, 1813-1909, A-Ch 1836, FHL microfilm #394326, William Hobbs baptism, 29 August 1838; Church of England, Diocese of Gloucester (Gloucestershire, England), Bishops Transcripts for the Diocese of Gloucester, 1813-1909, Ch-G, no. 308, FHJ microfilm #394334, James Thomas Hobbs baptism, 16 December 1840; Church of England, Diocese of Gloucester (Gloucestershire, England), Bishops Transcripts for the Diocese of Gloucester, 1813-1909, A-Ch, FHL microfilm #394345, Thomas Hobbs baptism, 25 June 1843; Church of England, Diocese of Gloucester (Gloucestershire, England), Bishops Transcripts for the Diocese of Gloucester, 1813-1909, A-Ch 1846, Mary Ann Hobbs, Caroline Hobbs baptism (Cheltenham, 26 July); FHL microfilm #394357.

[4] Church of England, 1843, FHL microfilm #394345; Church of England, 1846,  FHL microfilm #394357, Mary Ann Hobbs, Caroline Hobbs baptism 26 July 1846.

[5] Benson Y. Parkinson, "The Family of William Hobbs (1808-1846) and Ann Owen Hobbs (1809-1894)," self-published, December 2002.

[6] "Cheltenham Public Office," 9 Mar 1843, Cheltenham Chronicle, British Newspaper Archive (www.britishnewspaperarchive.co.uk accessed 29 Oct 2014); "Cheltenham Public Office," 26 Oct 1843, Cheltenham Chronicle, British Newspaper Archive (www.britishnewspaperarchive.co.uk accessed 10 Dec 2014).

[7] "Nature of Source," part of "Publican, Brewery and Licensed Victuallers Records (Occupations)," The GenGuide (www.genguide.co.uk accessed 26 September 2015).

[8] "Nature of Source," The GenGuide.

[9] "What was a beerhouse?," History House (www.historyhouse.co.uk accessed 27 2015).