May 1654: An Ordinance of Explanation of a former Ordinance, Entituled An Ordinance for better Amending and keeping in Repair the Common Hiqh-Waies within this Nation.

May, 1654.

[16 May, 1654.]

Ord. of 31 March, 1654, recited; Vehicles employed for use of Army or Navy excepted therefrom.; Provided drivers have pass.

Whereas by an Ordinance, Entituled, An Ordinance for better amending and keeping in repair the Common Highwaies within this Nation, amongst other things, It is Ordained, That if any Waggons, Carts or Carriages wherein any burdens of dead Commodities or wares shall at any time from and after the first daie of May then next, be drawn upon any such Highwaies, Roads or Streets, with above five horses or mares, or six oxen and one horse or mare, in any one cart or waggon, That then it shall be lawful to or for any Constable or Surveyor of High-waies, or other Inhabitant in any Parish where such loaden Waggon, Cart or Carriage shall pass and be drawn as aforesaid, to distrain and seize all such supernumerary horses, mares or oxen as he shall find in any such waggon, cart or carriage over and above the number of five horses or mares, and six oxen and one horse or mare respectively, and the same supernumerary horses, oxen and mares respectively to detain and keep until such owner or driver have paid and answered into the hands of the Surveyors of High-waies within the Parish where such Distress and Seizure shall be made, or one of them, the summe of twenty shillings for every such supernumerary horse, mare or ox; Be it now Ordained by His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, &c. by and with the Consent of his Council, That the said Ordinance or any Clause therein conteined, shall not extend to any Carts or Carriages at any time used in the conveying, draught or carriage of any Ordnance, Timber or Artillery, of any sort or kind whatsoever, for the use of the Army or Navy, But that such Carts, Draughts or Carriages may be drawn with any number of horses or oxen necessary for the Drawing thereof, without incurring any of the Penalties in the said Ordinance mentioned, or without any stop, molestation or disturbance of any Constable, Officer or other person whatsoever, anything in the said Ordinance to the contrary notwithstanding. Provided that such persons that attend the said Draught, Carts or Carriages for the use of the said Army or Navy, have some order or pass under the hands of His Highness the Lord Protector, or the Lord President of his Council, or of the Commissioners of the Admiralty and Navy, or Generals of the Fleet, or other Field Officer, of the Army, Commissioners of the Navy, or some Governor of a Garrison, or under the hands of some of them, signifying that such Carriages and Draughts are or the use of the said Army or Navy, as is aforesaid.