Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 12 Car. II. c. 24. § 13.; and that the said Act may prove inconvenient to the King in His Royal Progresses through the Realm.; Clerk or Chief Officer of His Majesty's Carriages, by Warrant from the Green Cloth, to give Notice for providing Carts, &c. for, His Majesty's Use.; Refusing to furnish His Majesty with necessary Carriages; On Proof by Oath of Officer or Two Witnesses,; Penalty 40s
WHEREAS by an Act made in Parliament in the Twelfth Yeare of His Majesties. Reign Entituled An Act for taking away the Court of Wards and Liveries and Tenures in capite and by Knight Service & Purveyance and for setling a Revenue upon His Majestie in lieu thereof It was (amongst other things) Enacted for the reasons and recompence therein expressed That from thenceforth no person or persons by any Warrant Commission or Authority under the Great Seale or otherwise by colour of buying or making provison or purveyance for His Majesty or any Queene of England [for the time being or of any the Children of any King or Queene of England (fn. 1)] that shall bee or for his theire or any of theire Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majesty His Heires or Successors without the free and full consent of the Owner or Owners thereof had and obtained without Menace or enforcement nor shall summon warne take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattell Cart Ploughs Waynes or other Carriages for the use of His Majesty His Heires or Successors or of any Queene of England or of any Childe or Children of any the Kings or Queenes of England for the time being for the carrying the Goods of His Majesty His Heires or Successors or the said Queenes or Children or any of them without such full and free consent as aforesaid Any Lawe Statute Custome or Usage to the contrary notwithstanding Which Act may prove very prejudiciall and inconvenient to the Kings Majesty in His Royall Progresses upon His necessary occasions to severall parts of this Realme in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royall service att ordinary and usuall rates for such Carriages as are paid by others of His Subjects in such places contrary to the true intent and meaning of the said Act Be it therefore Enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords and Commons in this present Parliament assembled That the Clarke or Cheife Officer of His Majesties Carriages shall three dayes att least before His Majesties Arrivall by Warrant from the Greene Cloth give notice in writing to two or more of His Majesties Justices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majesty shall have present use of expressing the certainty of that number as alsoe the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of foure able Horses or six Oxen or foure Oxen and two Horses for each of which Cart or Carriage the respective Owners shall receive six pence for each mile they shall goe laden And that in case any of His Majesties Subjects of this Realme shall refuse to provide and furnish His Majesty that now is or His Queene that shall bee or His or Her Houshold in theire [Progresse (fn. 2)] or Removals with such sufficient and necessary Carriages for theire Wardrobe and other necessaries for ready moneys tendred to them or shall without just and reasonable cause refuse to make theire appearance with such sufficient Carts and Carriages as are before exprest that then upon due proofe and conviction of such neglect and refusall by the Oath of the Constable or other Officer or twoe other credible Witnesses before the said Justices of the Peace of the County or Maior or other Cheife Officer of the City or Corporation where he or they inhabit (which Oath they shall have power to administer) the party soe refuseing shall for such his refusall and neglect forfeit the summe of Forty shillings to the Kings Majesties use to be forthwith leavied by distresse and sale of his Goods and Chattels (rendring to the parties the overplus upon every such sale if there shall be any) by Warrant from the said Justices of the Peace Maior or other Cheiffe Officer
II. Horses, &c. not to travel above a Day's Journey.
Provided alwaies That no Horses Oxen Cart or Wayn shall be enforced to travell above one dayes journey from the place where they receive theire Lading and that ready payment shall be made in hand for the said Carriages att the place of Lading without delay according to the aforesaid Rates And in case any Justice of the Peace Maior Cheife Officer or Constable shall take any Gift or Reward to spare any person or persons from making such Carriage or shall injuriously charge or greive any person through envy hatred or evill will whoe ought not to make such Carriage or shall Impresse more Carriages then he shall be directed from the Green Cloth to do That then upon due proofe and conviction thereof the party soe offending shall forfeit the sum of Ten pounds to the party thereby greived or any other whoe shall sue for the same to be recovered by Action of Debt in any of His Majesties Courts of Record wherein no Protection Essoyn or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to impresse any Horses Oxen Cart Waine or Carriages for his Majesties service other then the person so impowered then he or they soe offending shall upon due conviction of the said offence incur and suffer the punishment contained in the first recited Act.
III. Rates for Lodging for His Majesty's Servants.
And whereas of late in his Majesties Progresses excessive rates and prices have beene exacted from his Majestyes Servants for Lodging Horse meat Stable roome and other accommodations Be it therefore Enacted by the Authority aforesaid That none of his Majesties said Servants shall be compelled to pay above One shilling by the night for every Bed that they shall use for themselves nor above Six pence by the night for every Bed that they shall use for theire Servants And that in all such Houses where any of his Majesties said servants shall pay for theire diett or for hay and provender for theire Horses convenient lodging shall be provided for themselves and theire Servants without paying any thing for the same
IV. Rates and Prices to be set by Two Justices of the Peace.
And be it further Enacted by the Authority aforesaid that any twoe or more of the Justices of the Peace neere adjoyning to the Roade through which his Majesty is to passe shall imediately after notice in writing from the said Green Cloth and Avenor under theire hands and seales set downe and appoint such reasonable rates and prices to bee paid during his Majesties abode there both for Hay and Oats and other accommodations for Horses as they in theire discretion shall thinke meete which Rates one day att the least before his Majesties comeing to such place the said Justices shall cause to be proclaimed in the Markett Towne next to such place and in such of the Neighbouring Townes and Villages as to them shall seeme meete to the end that notice may bee taken of such rates and prices And if any person shall take any other sum then what is or shall be soe limited either for Lodging Horse meat Stable roome or other such accommodations and be [therefore (fn. 3)] convicted by confession of the party or by the Oath of one credible Witnes before any one Justice of the Peace (which Oath the said Justice of the Peace is hereby authorized to administer) That then in such case every person so offending shall forfeit and pay to the party greived the sum of Forty shillings the same to bee levied by distresse by Warrant from the said Justice of the Peace and sale thereof returning the overplus to the party (the charge of the distreining being first deducted) This Act to have continuance till the end of the first Session of the next Parliament and no longer