“A penalty of 40s. is imposed on the Lords, Owners, and Fermers of
all parks and grounds enclosed, as is above rehearsed, who shall
willingly suffer any of the said mares to be covered or kept with
any Stoned Horse under the stature of 14 handfuls.”
This Act applied only to enclosed areas, and therefore would not affect
the wild ponies in any appreciable degree: but six years later another
Act was passed (32 Henry VIII., c. 13) which provided that—
“No person shall put in any forest, chase, moor, heath, common,
or waste (where mares and fillies are used to be kept) any stoned
horse above the age of two years, not being fifteen hands high
within the Shires and territories of Norfolk, Suffolk, Cambridge,
Buckingham, Huntingdon, Essex, Kent, South Hampshire, North
Wiltshire, Oxford, Berkshire, Worcester, Gloucester, Somerset,
South Wales, Bedford, Warwick, Northampton, Yorkshire, Cheshire,
Staffordshire, Lancashire, Salop, Leicester, Hereford and Lincoln.
And furthermore, be it enacted, that if in any of the said drifts
there shall be found any mare, filly, foal, or gelding that then
shall be thought not to be able nor like to grow to be able to
bear foals of reasonable stature or not able nor like to grow to
be able to do profitable labours by the discretions of the drivers
aforesaid or of the more number of them, then the same driver or
drivers shall cause the same unprofitable beasts ... every of them
to be killed, and the bodies of them to be buried in the ground, as
no annoyance thereby shall come or grow to the people, those near
inhabiting or thither resorting.”
This enactment was of a more far-reaching character than its
forerunner. The “shires and territories” enumerated were those in
which greatest attention was paid to the breeding of Great Horses;
“profitable labours,” in those times, could only mean military service,
agricultural work, and perhaps pack transport, for any of which
purposes the woodland ponies were useless. How far the law proved
effectual is another matter: laws more nearly affecting the welfare of
the subject were less honoured in the observance than the breach in the
remoter parts of the kingdom in those times.
In 1566, when Elizabeth was on the throne, Thomas Blundeville, of
Newton Flotman, wrote a book on _Horses and Riding_; and prefaced it
by an “Epistle dedicatorie” to Robert Lord Dudley, Master of the Horse,
which begins:
“It would be the means that the Queen may not only cause such
statutes touching the breeding of Horses upon Commons to be put in
execution: but also that all such parks within the Realme as be
in Her Highnesse hands and meet for that purpose might not wholly
be employed to the keeping of Deer (which is altogether without
profit), but partly to the necessary breeding of Horses for service
[_i.e._, military service] whereof this Realme of all others at
this instant hath greatest need.”
Public-domain text, read in full here on John Shaqi.
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