[ NOTES TO THE BOOK OF CURTASYE.]
The Notes were printed near the end of the volume, immediately before the Index. They have been moved here for convenience.
p. 188, [l. 377-8], Statut. The only Statute about horse-hire that I can find, is 20 Ric. II. cap. 5, A.D. 1396-7, given below. I suppose the Foure pens of [l. 376] of the Boke of Curtasye was the price fixed by “the kyngis crye” or Proclamation, [l. 378], or by the sheriff or magistrates in accordance with it as the “due Agreement to the party” required by the Statute.
“Item. Forasmuch as the Commons have made Complaint, that many great Mischiefs Extortions & Oppressions be done by divers people of evil Condition, which of their own Authority take & cause to be taken royally Horses and other Things, and Beasts out of their Wains Carts and Houses, saying & devising that they be to ride on hasty Messages & Business, where of Truth they be in no wise privy of any Business or Message, but only in Deceit & Subtilty, by such Colour and Device to take Horses, and the said Horses hastily to ride & evil entreat, having no Manner of Conscience or Compassion in this Behalf, so that the said Horses become all spoiled and foundered, paying no manner of Thing nor penny for the same, nor giving them any manner of sustenance; and also that some such manner of people, changing & altering their Names, do take and ride such Horses, and carry them far from thence to another Place, so that they to whom they belong, can never after by any mean see, have again, nor know their said Horses where they be, to the great Mischief Loss Impoverishment & Hindrance of the King’s poor People, their Husbandry, and of their Living: Our Lord the King willing, for the Quietness and Ease of his People, to provide Remedy thereof, will & hath ordained, That none from henceforth shall take any such Horse or Beast in Such Manner, against the Consent of them to whom they be; and if any that do, and have no sufficient Warrant nor Authority of the King, he shall be taken and imprisoned till he hath made due Agreement to the Party.”
That this seizing of horses for the pretended use of the king was no fancied grievance, even in much later times, is testified by Roger Ascham’s letter to Lord Chancellor Wriothesley (? in 1546 A.D.) complaining of an audacious seizure of the horse of the invalid Master of Peterhouse, Cambridge, on the plea that it was to carry the king’s fish, whereas the seizer’s own servant was the nag’s real burden: “tentatum est per hominem apud nos valde turbulentum, nomine Maxwellum.” Ascham’s Works, ed. Giles, v. 1, p. 99. In vols. ix., x., and xi. of Rymer, I find no Proclamation or Edict about horse-hire. In 1413 Henry V.’s Herbergeator is to provide
Henry le Scrop, knight, with all that he wants “Proviso semper quòd idem Henricus pro hujusmodi Fœnis, Equis, Carectis, Cariagiis, & aliis necessariis, per se, seu Homines & Servientes suos prædictos, ibidem capiendis, fideliter solvat & satisfaciat, ut est justum.” Rymer, ix. 13.
The general rule shown by the documents in Rymer is that reasonable payments be made.
De Equis pro Cariagio Gunnorum Regis capiendis.
A.D. 1413 (1 Sept.), An. 1. Hen. V. Pat. 1, Hen. V. p. 3, m. 19. Rex, Dilectis sibi, Johanni Sprong, Armigero, & Johanni Louth Clerico, Salutem.
Sciatis quod Assignavimus vos, conjunctim & divisim, ad tot Equos, Boves, Plaustra, & Carectas, quot pro Cariagio certorum Gunnorum nostrorum, ac aliarum Rerum pro eisdem Gunnis necessarium, a Villa Bristolliæ usque Civitatem nostram Londoniæ, indiguerint, tàm infra Libertates, quàm extea (Feodo Ecclesiæ dumtaxat excepto) pro Denariis nostris, in hac parte rationabiliter solvendis Capiendum & Providendum. Rymer, ix. p. 49.