Page:The Green Bag (1889–1914), Volume 18.pdf/296

THE MEDIEVAL INNKEEPER

269

THE MEDIEVAL INNKEEPER AND HIS RESPONSIBILITY1 BY JOSEPH H. BEALE, JR. THE innkeeper occupies in our law a medieval England to explain the origin, the peculiar and apparently anomalous nature, and the legal position of English position: while not technically a bailee of inns. There was a surprising amount of travel the goods of his guests he is held up to the strictest responsibility which any bailee is ing in England in the Middle Ages. The under; and while apparently a mere individ roads, to be sure, were very bad, and in ual householder with no corporate or other general were impassable for loaded wagons, franchise specially granted he is compelled, and the transportation of goods from place like the great railroad corporations, to to place was therefore almost impossible. receive and entertain strangers whether he While one portion of the country was well will or no. In order that we may under supplied with food, another portion not so stand the reason for the apparently peculiar far away might be in the throes of famine doctrine of the law regulating the rights and without a chance of relief so far as land liabilities of innkeepers, in order that we transportation was concerned. Yet in spite may learn the extent of their responsibilities of this the roads were sufficient for foot and understand their limitations, we must passengers, or for lightly loaded horses, and examine briefly, as has just been said, the they were used by multitudes of people on early history of innkeeping in England; the foot or on horseback. Carriers of goods character and nature of inns, and the func existed, but they transported their goods tions which they performed in the social life in packs by means of horses. of the English people at the time when the The roads were not only bad, but they law of innkeepers was forming, that is, were infested with outlaws and robbers of during the fourteenth and fifteenth centu all sorts. Between the villages there were ries. The nature of the English inn in the long stretches of forest, and these forests Middle Ages determined the English law of were the refuge of the outlaws who formed innkeepers; and the principles thus estab a considerable proportion of the population lished form the basis of the law of inn of the country. They might at any time keepers in every place where the common attack travelers by day, but that was unus law prevails. ual. As it tisually happened that travelers Travel abroad was much commoner dur proceeded in companies, there was not much ing the Middle Ages than we often realize; danger of attack so long as daylight lasted; and the traveler returning to England might but at night the danger was considerable. have brought home with him information Such being the conditions of traveling two about the trade of the innkeeper and sug results followed : a traveler must carry as gested its establishment in his own land. light weight of baggage as possible, and he But there is no reason to suppose that the must secure protection at night from thieves English inns were not of indigenous growth; and outlaws. He could not conveniently certain it is that they were noted as the carry with him food for his journey, and he cleanest, the best supplied, and the most must, therefore, find entertainment along attractive inns in the world. We must the road. He could not safely sleep in the turn to the habits and needs of travel in open and he must, therefore, find some house which would offer him protection as 1 From the introductory chapter of a forthcom ing work on Innkeepers, announced for publica well as entertainment for the night. These tion by W. J. Nagel, Boston. Copyright, 1906, by needs led naturally to the establishment of a course of business which should supply the Joseph H. Beale, Jr.