House of Lords Journal Volume 6: 31 August 1644

DIE Sabbati, 31 die Augusti.

PRAYERS, by Mr. Newcomen.

Ds. Grey de Warke, Speaker.

Vanienden's Cause.

Ordered, That Mrs. Vanenden's Cause shall be heard on Friday Morning next.

Report concerning the Prince Elector's coming to England.

The Earl of Northumb. reported, "That the Committee have met, to consider what is fit to be done upon the Prince Elector's coming; and they find the Time is so short, the Prince Elector being so suddenly come to Greenwich, that they could not have any Time to send to him; therefore the Opinion of the Committee is, That a select Committee of both Houses be appointed, to go and visit him."

Lord Rich, further Liberty.

Ordered, That the Lord Rich shall have Liberty, from Time to Time, to go to his Father's House, and within Twenty Miles of the City of London.

Order to protect the Earl of Arundel's Estates, and to send for Delinquents for felling his Timber.

Upon reading the Petition of Wm. Marsh, Servant to the Earl of Arrundell; and several Affidavits, "That James Vines, Henry Howell, James Pinfold, and Ric'd Stamper, have disobeyed the Order of this House, in cutting down the Woods of the Earl of Arrundell, at Arrundell, contrary to the said Order:" It is Ordered, That the aforesaid Parties shall be sent for, as Delinquents, to answer their said Contempts; and the Order to be renewed against felling Timber and Woods there. And whereas it is informed, "That the Committee at Wem doth cut down the Earl of Arrundell's Wood there, and sell it, for the Assessment for his Fifth and Twentieth Part:" It is Ordered, That the said Committee have Notice given them, that the Earl of Arrundell hath been assessed by this House for his Fifth and Twentieth Part, therefore he ought not to be assessed elsewhere; and that the Committee do restore such Monies as they have taken away from the said Earl of Arrundell; and that, for the future, they forbear to make any such Assessment upon him; and that they forbear to cut down any of his Timber or Woods, and take Order that no Destruction be made of his Goods there.

Duglace to be sent up from Coventry.

Ordered, That Wm. Duglace, imprisoned coming from Litchfeild, or Ashby ella Zouch, and lately at Coventry, by the Committee there, shall be safely conveyed to London by them; and both himself and his Business is referred to the Examination of the Committee that is appointed to consider of the Business touching the Earl of Denbighe's Association.

Ordinance for regulating the Office of Excise.

The House was adjourned into a Committee during Pleasure, to consider of the Instructions concerning regulating the Office of Excise.

And the House being resumed, the said Ordinance was read the Third Time, and Agreed to.

(Here enter it.)

Message from the H. C. to fit a while.

A Message was brought from the House of Commons, by Sir Wm. Lewis Knight, and others:

To desire that their Lordships would please to sit a while, for they have some Business of Importance to communicate to their Lordships.

The Answer returned was:

Answer.

That their Lordships will sit a while, as is desired.

Message from thence, for Committees to wait upon the Prince Elector with a Paper;

A Message was brought from the House of Commons, by Mr. Pierpointe and others:

To let their Lordships know, that the House of Commons thinks it fit that a Committee of both Houses should repair to the Prince Elector, and acquaint him with the Contents of the Paper; which he was commanded to desire their Lordships Concurrence therein.

and about defraying his Expences.

2. To acquaint their Lordships, that the House of Commons have Ordered, That, from the last of August, the Committee of the Revenue do defray the Charges of the Electoral Prince, for Fourteen Days; and that it be referred to the Committee of the Revenue to see it done accordingly, in such Manner as they shall think fit.

The Answer returned was:

Answer.

That to the Paper now brought up, their Lordships will take it into Consideration, and send an Answer by Messengers of their own.

Lords to attend P. M.

Ordered, That this House shall sit at Four of the Clock this Afternoon; and that all the Lords shall have a Command to attend the House at the Hour aforesaid.

Message to the H. C. to sit P. M.

A Message was sent to the House of Commons, by Sir Edward Leech and Mr. Dr. Heath:

To let them know, that this House intends to sit at Four of the Clock this Afternoon, and to desire that they will sit likewise.

"An Ordinance of the Lords and Commons, establishing certain Rules and Instructions to be observed by the Commissioners of Excise, the Auditors in taking their Accompt, and others employed about the Collection of the Excise.

Ordinance to establish Rules and Instructions to be observed by the Officers of Excise.

"1. That the List of the Names and the several Salaries of the Officers employed in the Receipts of the Excise, or otherwise, signed by the Committee of the Excise, or any Five of them, for the Time past, shall be a sufficient Warrant unto the Auditors, having compared the same with the Receipts of the said Officer or Officers, to pass and allow thereof, and accordingly to discharge the Commissioners of Excise for the Time past.

"2. That the Commissioners of Excise shall Quarterly deliver the Auditors, in Writing, a true Copy of all perfect Entries, Receipts, and Payments, within their several Offices, under the Cognizance and Limits of the Office of the City of London; the which Copy the said Auditors shall, according as they shall find needful, compare, prick over, and examine, with the Vouchers, perfect Entries, or any other Books of Accompts within the said several Offices, and, having found the same to agree, shall engross the same in their Offices, and forthwith discharge the Commissioners of Excise, and every of them, of and from the same, according to the Form of Discharge hereunto annexed.

"3. That the Commissioners of Excise shall likewise Quarterly deliver the Auditors in Writing a true Copy of all imperfect Entries, within their several Offices, under the Cognizance and Limits of the Office of the City of London; which Copy the said Auditors shall, according as they shall find needful, compare and examine with their Books; and the said Commissioners of Excise shall also Quarterly deliver unto the said Auditors, in Writing, a true Copy of all imperfect Entries, and of all perfect Entries, Receipts, and Payments, of all and every the other Officers throughout the Kingdom, to the End the State may have an Accompt both of Debts which are owing, and the Persons by whom they are due.

"4. That the Commissioners of Excise shall not stand chargeable for any Debts which have or shall arise upon any Tickets of Sufferance, which, in Case of Necessity, and for Accommodation of Trade, they shall find needful to grant out, until the Weight or Measure of any exciseable Commodity may be perfected; but, in such Case, the same Debt shall be only charged by the Auditors upon the Head and Accompt of the Debtor; provided, that no Ticket of Sufferance shall be granted to any Person for above Twenty-eight Days: That the Auditors, in the Course of their Audits, do, together with every Entry or Parcel, examine and allow all Tares, Trets, and other Abatements and Allowances, which the Commissioners have or shall make upon any exciseable Commodities, without charging the Accompt with any more than the Sum received upon every Entry or Parcel.

"5. That such Debts as have arisen, and stand in Arrear, upon the Accompts of Excise, either for Half Excise of Beer, Ale, or Wine, or for the whole Excise of these or any other Commodities, which are drawn out of the Returns made upon Search at the First Settlement of the Office, and were not made by any Default of the Commissioners of Excise, be not charged by the Auditors upon the said Commissioners, but set upon the Accompt of the Debtors.

"6. That the Commissioners and the said Auditors may be the better enabled to go forward in their several Places and Trusts, according to the Directions herein prescribed, the Commissioners of Excise shall balance and make up their Books on the 11th of September next for the Year past, and deliver the Auditors a Copy of the Receipts, Disbursements, Debts, or Arrears, made and passed during the same Time, which the Auditors shall with all Expedition examine, compare, and prick over, with the Vouchers, Entries, and Books of Accompts, in the several Offices; and, having found and made the same to agree, shall discharge the Commissioners of Excise, and every of them, for One Year together.

"7. That, although the Income of some Counties in the Principality of Wales, and in other Places and Parts of the Kingdom, be assigned by Ordinance of Parliament for Maintenance of the Forces in those Parts, it shall not be understood as if the Commissioners, Deputies, or any other Receivers of the said Excise, in those Places, should not still accompt with the Office in London, unto which they shall be Quarterly enjoined, as other Sub-commissioners: And the Lords and Commons do further Ordain and Declare, That, from henceforth, no Receipt shall be diverted, or any Collection of Excise be made, within any the Parts of the Kingdom, but by Commission only from the chief Office in London.

"8. That no Governors and Commanders of any Towns, Castles, Forts, or Armies, under Service of the Parliament, shall seize upon any the Receipts of the Excise, or protect any Person or Persons from Payment of the Excise, upon any Occasion or Pretence whatsoever.

"9. That no Wharsinger, or Keeper of any Wharf, Crane, or any Porter, or other Officer at the Customhouse, do take up, or let down, or otherwise permit to be brought on or shipped off his Wharf, any Goods or Merchandizes whatsoever, but in the Presence of an Officer of Excise, who to that Purpose shall be appointed to attend at the Custom-house, at all usual Hours and Times accustomed, and lately settled by Ordinance of Parliament, concerning Customs."

Adjourn.

House adjourned till 4^a, post meridiem.

Post meridiem.

PRAYERS, by Mr. Tuckney.

Ds. Grey de Warke, Speaker.

Paper to be presented to the Prince Elector.

The House was adjourned during Pleasure into a Committee, to take into Consideration the Message brought up this Morning from the House of Commons, concerning the Prince Elector.

The House being resumed, this House agreed to the Paper, with a small Transposition of Words; which was to be sent down to the House of Commons, for their Concurrence therein.

Committee to attend him with it.

Then the House nominated Four Lords, to join with a proportionable Number of the House of Commons, to acquaint the Prince Elector with the said Paper; and to go at the Rising of the House:

Message to the H. C. about it.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Heath:

To let them know, that this House agrees to what shall (fn. 1) be communicated from both Houses to the Prince Elector, with a small Alteration, wherein their Concurrence is desired; and that this House hath nominated a (fn. 2) Committee of Four Lords, to wait on the Prince Elector; and to desire that they would name a proportionable Number of their House, to join with the Lords.

The Answer returned was:

Answer.

That the House of Commons agrees to the Alteration in the Paper to be delivered to the Prince Elector.

Paper to be presented to the Prince Elector.

"That the Parliament did not know of his Electoral Highness' Arrival, or of any Intention of his coming into this Kingdom, till Twelve a Clock on Thursday last.

"That, considering the Conjuncture of Affairs both at Home and Abroad, the Parliament is much surprized by not being informed and consulted with before his coming over; and doth conceive that the Residence of his Electoral Highness at this Time in Foreign Parts will be of more Advantage to his own and the Public Interest.

"The Parliament hath always been most tender of his Electoral Highness' Affairs, is so, and will be; and have now sent a Committee of their own to visit him, and to give Assurance thereof, which they will ever express in their Actions and faithful Advice."

Adjourn.

House adjourned till 9^a, Monday Morning next.