Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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12 Car. II. c. 24; § 13.
Whereas by an Act made in Parliament the Twelfth yeare of His [late (fn. 1) ] Majesties Raigne Entituled An Act for takeing away the Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance and for Setleing a Revenue upon His Majestie in lieu thereof It was (amongst other things) Enacted for the Reasons and Recompence therein expressed That from thenceforth noe Person or Persons by any Warrant Commission or Authoritie under the Great Seale or otherwise by colour of Buying or makeing Provision or Purveyance for His Majestie or any Queene of England for the time being or of any of the Children of any King or Queene of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majestie 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 finde any Horses Oxen or other Cattell Carts Ploughs Wains or other Carriages for the use of His Majestie His Heires or Successors or of any Queene of England or of any Childe or Children of any of the Kings or Queens of England for the time being for the carrying the Goods of His Majestie His Heires or Successors or the said Queens or Children of any of them without such full and free consent as aforesaid Any Law Statute Custome or Usage to the contrary notwithstanding.
Which Act may prove very prejudiciall and inconvenient to the Kings Majestie in His Royall Progresse 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 at 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.
II. Clerk of the King's Carriages to give Three Days Notice in Writing to Justice of Peace to provide Carts and Carriages.
Bee it therefore Enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authorite of the same That the Clerke or Chiefe Officer of His Majestyes Carryages shall three dayes at least before His Majestyes Arrivall by Warrant from the Greene Cloth give notice in writeing to two or more of His Majestyes Justices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majestie 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 (fn. 2) ] Carriage the respective Owners shall receive Six pence for each mile they shall goe laden And That in case any of His Majestyes Subjects of this Realme shall refuse to provide and furnish His Majestie that now is or his Queene that is or shall be or his or her Household or her Majestie Catherine Queene Dowager or her Household in their Progresse or Removalls with such sufficient and necessary Carriages for their Wardrobe and other Necessaries for ready Moneys tendered to them or shall without just and reasonable cause refuse to make their 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 two other Credible Witnesses before the said Justices of the Peace of the County or Maior or other Chiefe Officer of the Citty or Corporation where he or they inhabite (which Oath they shall have power to administer) the Partie soe refuseing shall for such his refusall and neglect forfeite the summe of Forty shillings to the Kings Majestyes use to be forthwith levyed by Distressse and Sale of his Goods and Chattells (rendring to the Partyes the overplus upon every such sale if there shall be any) by Warrant from the said Justices of the Peace Maior or other Officer.
III. Length of Journey; Ready Payment.
Provided alwayes That noe Horses Oxen Cart or Waine shall be enforced to travell above one dayes Journey from the place where they receive their Ladeing and that ready payment shall be made in hand for the said Carriages at the place of Ladeing 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 makeing such Carriage or shall injuriously charge or grieve any person through envy hatred or evill-will who ought not to make such Carriage or shall impresse more Carriages then he shall be directed from the Greene-Cloth to doe That then upon due proofe and Conviction thereof the Partie soe offending shall forfeite the Summe of Ten pounds to the partie thereby grieved or any other who shall sue for the same to be recovered by Action of Debt in any of His Majestyes Courts of Records wherein noe Essoigne Protection or Wager of Law shall bee 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 Majestyes Service other then the person soe impowered then he or they soe offending shall upon due Conviction of the said Offence incurr and suffer the Punishment contained in the first recited Act
And whereas of late in His Majestyes Progresses excessive Rates and Prices have beene exacted from His Majestyes Servants for Lodging Horse-meate Stable-roome and other Accommodations Bee it therefore enacted by the Authoritie aforesaid That none of his Majestyes said Servants shall be compelled to pay above Six pence by the night for every Bed they themselves nor above Three pence by the night for every Bed that they shall use for their Servants And that in all such Houses where any of his Majestyes said Servants shall pay for their Dyet or for Hay and Provinder for their Horses convenient Lodgeing shall be provided for themselves and their Servants without paying any thing for the same.
V. Justices of Peace to; appoint Rates of; Hay and Oats, &c; Proclaimed; Taking other Rates; Penalty 40s; Continuance of Act.
And bee it further Enacted by the Authoritie aforesaid That any Two or more of the Justices of the Peace neare adjoyning to the Roade through which his Majestie is to passe shall immediately after Notice in writeing from the said Greene-Cloth and Avenor under their Hands and Seales Sett downe and appoint such reasonable Rates and Prices to be paid dureing his Majestyes abode there both for Hay and Oates and other Accommodations for Horses as they in their discretion shall thinke meete which Rates one day at the least before his Majestyes comeing to such place the said Justices shall cause to be Proclaimed in the Market 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 be taken of such Rates and Prices And if any person shall take any other summe then what is or shall be soe limitted either for Lodgeing Horse-meate Stable-roome or other such Accommodations and be thereof convicted by Confession of the partie or by the Oath of one credible witnessse 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 soe offending shall forfeite and pay to the partie grieved the summe of Forty shillings the same to be Levied by Distresse by Warrant from the said Justice of the Peace and sale thereof returning the Overplus to the partie (the Charge of the Distraining being first deducted) This Act to have continuance till the end of the first Session of the next Parliament and noe longer
VI. Carts with Four; Horses, &c.
Provided alwayes That where any Cart or number of Carts shall be soe Summoned to Attend at the place directed for takeing in their Loading or Carriage and shall not be imployed in every such case or cases the said Cart-taker or Officer shall pay to the Owner or Servant of every such Cart with Foure Horses or more which shall soe appeare and not be imployed the Summe of Five shillings for every Cart soe imployed And in case any Officer or Cart-taker shall neglect or refuse to pay the same upon proofe thereof made to the Board of Greene-Cloth he shall forfeite the summe of Forty shillings to the partie aggrieved for every such neglect.
VII. High Constables; &c. to make a Return of Names, &c. of Persons; warned to bring in Carts, &c.
And bee it further Enacted That the High Constables or Constables the Maior Bayliffe or other chiefe Officer who shall be required by this Act to warne in the said Carts and Carriages as in the said Act directed doe make a return in Writeing to the Clerke or other Officer of the Carriages of the names and places of Abode of every such person who is soe warned to bring in his Cart or Carriage to the intent it may be knowne (in case of any failure) who is in default and the said Constables and other chiefe Officer or Officers appointed by this Act to warne in the said Carriages as abovesaid may be discharged and indempnified and the Defaulters punished as in this Act is Provided.