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. § 12, 13.
Carriages, Horses, &c. may be taken for the Service of the Navy or Ordnance; on Notice to Two or more neighbouring Justices; who shall issue Warrants to Places within Twelve Miles. Rate of Recompense.
WHEREAS by an Act entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and 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 thence forth no Person or Persons by any Warrant Co[m]mission or Authority under the Great Seal or otherwise by colour of buying or makeing provision or purveyance for His Majesty or any Queen of England for the time being or of any the Children of any King or Queen of England that shall be 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 obteined without Menace or Enforcement nor shall summon warn take use or require any of the said Subjects to furnish or find any Horses Oxen or other Catle Carts Ploughs Wayns or other Carriages for the use of His Majesty His Heires or Successors or of any Queen of England or of any Child 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 Succesors or the said Queenes or Children or any of them without such full and free consent as aforesaid Any Law Statute Custome or Usage to the contrary notwithstanding Be it notwithstanding enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this p[re]sent Parliament assembled and by the Authority of the same That from and after the Foure and twentieth day of June in the yeare of our Lord One thousand six hundred sixty and two as often as the Service of His Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdome of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the Hand and Seal of the Lord High Admiral of England for the time being or under the Hands & Seals of twoe or more of the principal Officers or Commissioners of His Majesties Navy or under the Hand and Seal of the Master of his Majesties Ordnance for the time being or under the Hand and Seale of the Leiutenant of his Majesties Ordnance for the providing of Carriages for the respective Service of the Navy or Ordnance unto two or more Justices of the Peace dwelling neere unto the place where the said Carriages shall be required the said Justices of the Peace may and shall immediately issue forth theire warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fitt within theire respective Counties and Divisions not being above Twelve miles distant from the place of lading for the sending to a certaine place and att certaine times (to be specified and appointed in the said Warrants) such numbers of Carriages with Horses or Oxen sufficient for the said Service as by the Lord High Admiral of England for the time being or by the Master or Leiutenant of His Majesties Ordnance for the time being or by the principal Officers or Commissioners of His Majesties Navy respectively as abovesaid shall be by writing under theire Hands and Seales required the Owners of which Carriages or theire Servants shall receive for every Load of Timber per Mile one shilling for every reputed Mile which they shall goe laden and for other Provisions the Su[m]me of eight pence per Mile for every Tunn they shall carry
II. Admiralty, Commissioners of the Navy, Master and Lieutenant of the Ordnance, may impress Ships, Hoys, &c. for the Service.
Rates of Hire.; If not agreed, to be settled by Trinity House.
And be it further enacted by the Authority aforesaid That it may and shall be lawfull for the Lord High Admiral of England for the time being by Warrant under his Hand and Seale and alsoe for the principal Officers and Commissioners of His Majesties Navy by Warrants under the Hands and Seales of any twoe or more of them as alsoe for the Master of His Majesties Ordnance for the time being by Warrant under his Hand and Seale and alsoe for the Leiutenant of his Majesties Ordnance by Warrants under the Hands and Seales of either of them as often as the Service of His Majesties Navy or Ordnance respectively shall require any Carriage by Water to appoint such Person or Persons as they shall judge fitting to impresse and take up such Shipps Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the accommodation of His Majesties said Service the Owners of which said Ships Hoys Lighters Boats or other Water Carriage aforesaid or such as they shall appoint shall receive for the Hire of every such Shipp Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case His Majesties Officers and the Owners of such Shipps Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity house of Deptford Strand.
III. Persons refusing to furnish Carriages, Ships, &c. or after they have undertaken neglecting, &c. the same;
on Conviction by Oath of Officer or two other Witnesses; Penalty; to be levied by Distress.
And be it further enacted by the Authority aforesaid That in case any of His Majesties Subjects of this Realme shall refuse or wilfully neglect after reasonable notice to make theire appearance with such sufficient carriages by Land or to fitt provide and furnish their Shipps Hoys Lighters Boates or other Vessells for the Service of his Majesties Navy or Ordnance as is before expressed or shall after they shall have undertaken such Service neglect or delay the same that then upon due proofe and conviction of such refusall or neglect by the oath of the Constable or other Officer or twoe other credible witnesses before the said Justices of Peace of the County or Maior or other cheife Officer of the City or Corporation where hee or they inhabit (which Oath they shall have power to administer) for the Land Carriages and for the Water Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of His Majesties Ordnance or the Leiutenant of His Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of His Majesties Navy or Master or Leiutenant of His Majesties Ordnance respectively (which Oath they shall have likewise power to administer) the party soe refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land Carriage and for Carriage by Water treble the freight of such Ship or Vessel not exceeding fifty pounds in the whole to the Kings Majestyes use to be forthwith levied in default of payment upon demand by distresse and sale of his Goods and Chattels by Warrant from the said Justices of the Peace Maior or other Cheife Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Leiutenant of His Majesties Ordnance respectively (rendring to the parties the Overplus upon every such Sale if there shall be any) the charge of distraining being first deducted.
IV. Proviso respecting Length of Journey and Continuance in Employment.
Provided alwaies that no Horses Oxen Cart Wayn or other Land Carriage shall be enforced to travel more dayes Journey from the place where they receive theire lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Justices of the Peace and that ready Payment shall bee made xx in hand for the said Carriages at the place of Lading without delay according to the aforesaid Rates.
V. Justices or Persons appointed by Admiralty, &c. taking Gift to spare any Person, or charging Persons not liable, or impressing more Carriages than necessary. Penalty £10.
Persons not empowered impressing Carriages, Horses, Ships, &c. Punishment as by 12 Car. II. c. 24.
Provided alwaies that in case any Justice of the Peace Mayor Cheife Officer or Constable or any Person or Persons which shall be appointed by the Lord High Admirall the principal Officers or Commissioners of His Majesties Navy the Master of His Majesties Ordnance or the Leiutenant of His Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons from making such Carriage by Land or by Water or shall injuriously charge or greive any person or persons through envy hatred or evil will who ought not to make such carriage or shall impresse more carriages then the necessity of the service shall require or then he shall be commanded to impresse by his Superiours that then upon due proofe and conviction thereof the party so offending shall forfeit the su[m]m of Ten pounds to the party thereby greived who may sue for the same to be recovered by Action of debt in any of his Majesties Courts of Record wherein no Essoign Protection 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 Waynes or Carriages for Land or any Ships Hoys Lighters Boates or other Vessel for the service of his Majesties Navy or Ordnance other then the persons so impowered as aforesaid then he or they so offending shall upon due conviction of the said Offence incur and suffer the punishment in the first recited Act
VI. Certain Ships, Hoys, &c. not liable.
Provided alwaies and be it enacted That no Ship Hoy Barque or any other Vessel whatsoever that shall be really and bona fide [fraighted (fn. 1) ] by Charter party if there be other Vessels in the Port fitting for the Service nor any Vessel quarter laden with any Goods Wares or Merchandizes outward bound shall be liable to bee impressed for any the Services aforesaid Any thing in this Act to the contrary notwithstanding
VII. Continuance of Act.
Provided That this Act and the powers therein contained shall continue and be [in (fn. 2) ] force untill the end of the first Session of the next Parliament and no longer Any thing herein contained to the contrary in any wise notwithstanding
VIII. Proviso for extra Allowance for Carriage of Timber within the Division of the New Forest.
Provided neverthelesse That in regard of the more then ordinary charge and burden [with (fn. 3) ] the Inhabitants of the New Forest in the County of Southampton will be liable unto by reason of the great quantities of Timber usually felled and carried thence for the use of his Majesties Navy It shall and may be lawfull for the Justices of the Peace who shall by Warrant summon the Carts and Carriages within the division of the New Forest in the County of Southampton aforesaid to have power (as to the Carriage of Timber only) to allow as aforesaid to the several Owners of such Carts and Carriages not exceeding Foure pence per mile for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading Any thing in this Act contained to the contrary in any wise notwithstanding.