House of Lords Journal Volume 6: 27 September 1644

DIE Veneris, 27 die Septembris.

PRAYERS, by Mr. Rayner.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Rob't Rich and Mr. Page, sent with a Message to the House of Commons on Tuesday last, return with this Answer:

They do agree in the Alteration in the Ordinance concerning Mr. Uty to be presented to the Parsonage of Brabrooke, in the County of North'ton.

Earl of Exeter, Leave to travel.

Ordered, That the Earl of Exeter hath hereby Leave to travel into France, with Wm. Frith Gentleman, John Ludlum Gentleman, Three Servants, Fourscore Pounds, Four Trunks, and Two Portmantels.

Prynn's Sentence in the Star Chamber.

Ordered, That this House will hear the Counsel of Wm. Prynn Esquire, concerning the obliterating of his Sentence in the Star Chamber against him, and in the High Commission Court, on Wednesday next come Sevennight.

Committee to consider of Carts coming through Dean's Yard.

Ordered, That the Earls of Kent and Bolingbrooke, the Lord Willoughby, and the Lord North, or any Two of them, are appointed to consider of the Motion made on the Behalf of the Sub-dean of Westm. concerning Carts coming through The Deanes Yard.

More sent for, for searching the Countess of Peterborough's House.

Upon reading the Affidavits of Anthony Keene and Margery Wiggyns; intimating, "That, on Monday last, there came a Man unknown, with one James More a Constable, to the Countess of Peterborough's House, who, by colour of a Warrant, pretended to be under the Hand of Mr. Myles Corbett, to search for the Goods of the Earl of Corke; and they, coming into divers Rooms, threatened to break open divers Trunks; and being told they were the proper Goods of the said Countess, yet, notwithstanding, if it had not been for Mr. Holles, a Member of the House of Commons, they had carried them away."

Hereupon this House Ordered, That the said James More, Constable, shall forthwith appear before this House, to answer the same; and that he shall be commanded to bring the Warrant with him, whereby he pretended to search for the Earl of Corke's Goods; and then this House will take this Business into further Consideration.

Boughton & al. sent for on Johnson's Complaint, released.

Ordered, That Thomas Boughton, Ric'd Boughton, Mary Buncher, Tho. Burton, Ric'd Rockingham, and Tho. Newman, that were sent for as Malignants by Order of this House, upon the Petition of Ezechiel Johnson, Clerk: It is Ordered, That they shall be released from their present Restraint.

Sir T. Stanley, a Pass to France.

Ordered, That Sir Tho. Stanley shall have a Pass, to go into France, with a Servant, and necessary Conveniencies for Travel.

Countess of Pembroke's Petition, for a further Allowance for the E. of Thanet and his Family.

Upon reading the Petition of Ann Countess of Pembrooke, in Behalf of the Earl of Thanett, his Wife her Daughter, and the Earl of Thanett's Children; desiring, "That some Consideration may be had, to allow some Maintenance for their further Subsistence, by reason the Fifth Part comes to such a small Allowance, that (fn. 1) it is not sufficient to maintain them."

And this House will further consider of it.

Deputy Lieutenant for Rutland.

Ordered, That this House nominates Christopher Browne Esquire, to be a Deputy Lieutenant for the County of Rutland; and the Concurrence of the House of Commons is to be desired herein.

Message from the H. C. with Ordinances.

A Message was brought from the House of Commons, by Mr. Nicolls, &c.

To desire their Lordships Concurrence in these Particulars following:

1. An Ordinance concerning the Fifteen Thousand Pounds, formerly ordered to be paid out of the Excise, for Cloaths for the Lord General's Army.

(Here enter it.)

Read Thrice, and Agreed to.

2. An Ordinance for paying Three Thousand Pounds to Sir Thomas Midleton, for his Army, out of the Subscriptions for Paule's Church.

Read Twice, and committed to these Lords following, who are to consider of it, and report the same to the House:

3. An Ordinance for paying Two Pence on a Gallon of Strong Waters, by Way of Excise. (Here enter it.)

Read Thrice, and Agreed to.

The Answer returned was:

Answer.

That this House will send an Answer, by Messengers of their own, to that Ordinance concerning Sir Tho. Middleton: To the other Ordinances, this House agrees to them.

Message from thence, with an Ordinance;

A Message was brought from the House of Commons, by Mr. Pelham, &c.

To desire their Lordships Concurrence in an Ordinance for the maintaining the Forces of the Seven associated Counties under the Command of the Earl of Manchester.

The Answer returned:

Answer.

That this House will take it into speedy Consideration, and send an Answer by Messengers of their own.

Ordinance for maintaining the Forces under the E. of Manchester.

The Ordinance for the Maintaining the Forces under the Command of the Earl of Manchester, was read Once.

Ordinance to explain the One for advancing 15000£. for cloathing, &c. for the L. General's Army.

"The Lords and Commons in Parliament assembled, having by an Ordinance of the 21th of September last Ordered, That Fifteen Thousand Pounds should be paid by the Commissioners of Excise, at Three Payments, for Cloaths and Arms for the Lord General's Army, whereof the Commissioners have furnished and lent the Sum of Five Thousand Pounds, the first Payment; do Declare, That Ten Thousand Pounds, the Residue, is not by the said Ordinance of the 21th of September intended or meant as Monies to be advanced by the said Commissioners themselves, but out of the Monies by them to be received in the Office of Excise, at the Times in the said Ordinance mentioned; and that the Receipt of Mr. Edward Ash, in the said Ordinance named, shall be a sufficient Discharge to the said Commissioners, as well for the said Five Thousand Pounds advanced, as also for the Ten Thousand Pounds, the Residue in that Behalf: And it is further Ordained, That the Commissioners of Excise shall reimburse themselves the said Five Thousand Pounds so advanced, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of the Monies coming in upon the Excise, either in such Intervals of Time as other Payments shall not happen to fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not by any Order or Ordinance of One or both Houses of Parliament be excluded from reimbursing themselves accordingly."

Ordinance to moderate the Excise on Strong Waters.

"Whereas, by Ordinance of Parliament, dated the 11th of September, Anno 1643, there is Eight Pence upon every Gallon laid, by Way of Excise, upon all Strong Waters and Aqua Vitæ, imported, or to be imported, or made, or distilled, within the Realm of England, Dominion of Wales, or Town of Berwick, to be paid by the First Buyer, or Maker, or Distiller, respectively; which Sum of Eight Pence upon the Gallon, being raised upon the Strong Waters and Aqua Vitæ made within the Kingdom, is found to have something intermitted Trade in that Commodity within the Kingdom; and forasmuch as, by the said Ordinance of the 11th of September, 1643, there was no Provision made for the levying of Excise upon all Spirits imported, whereby the true Intent of the said Ordinance might be avoided: Be it Ordained, by the Lords and Commons in Parliament assembled, and by Authority of the same, for Encouragement of the Maker and Distiller of Strong Waters, and for the better Receipt of the Excise upon this Commodity, That all Aqua Vitæ, or Strong Waters, made in the Kingdom of England, Dominion of Wales, or Town and Port of Barwicke, do pay Two Pence upon every Gallon, by Way of Excise, and so after that Rate for a greater or lester Quantity, to be paid by the First Maker thereof.

"That all Spirits made of French or Spanish Wines, commonly called Brandwine, imported, do pay Two Pence upon every Gallon Excise, and so after that Rate for a greater or lesser Quantity, to be paid by the First Buyer from the said Importer.

"That all Strong Waters perfectly made whatsoever, imported from beyond the Seas, shall pay Eight Pence upon every Gallon Excise, to be paid by the First Buyer from the said Importer.

That, for such Foreign Spirits as aforesaid, as any Distiller shall use, and make into perfect Strong Waters, that such Maker or Distiller shall pay only One Penny upon every Gallon more; it first appearing unto the Commissioners of Excise, or their Deputies, in the several Offices respectively, by sufficient Testimony, that the Two Pence aforesaid was duly paid at the First Sale thereof as Spirits.

"That, for all Aqua Vitæ, or Strong Waters, made in the Kingdom, which shall be again exported for any Parts beyond the Seas, or out of the Realm of England, &c. whether into Plantations or other whatsoever, (fn. 3) having first paid the several Excises before mentioned, the Commissioners of Excise for the Time being, or their Deputies, unto whom the several Excises have been paid as aforesaid, being sufficiently satisfied therein as aforesaid, shall and may allow and re-pay the several Excises aforesaid, except only the One Penny laid upon Foreign Spirits made here into perfect Strong Water.

"Provided always, That Spirits, both Foreign and Domestic, that shall fraudulently be sold, by any Person or Persons, to Chapmen or others, to retail in Kind, instead of Aqua Vitæ or Strong Waters, before the same be re-distilled, and made into perfect Aqua Vitæ or Strong Waters, shall pay for every Gallon so sold after the Rate of Eight Pence per Gallon Excise.

"And Provided always, That no Distillers, or other Dealers in Spirits, Aqua Vitæ, or Strong Waters, as aforesaid, shall have any Benefit of the Rates or Abatements aforesaid; but only such as shall clear the Excise, according to the said several Rates, for all Spirits, Aqua Vitæ, and Strong Waters, made, bought, or sold, respectively, since the 11th of September, 1643, by such Testimony as shall satisfy the Commissioners, or their Deputies, by an Accompt under their Hands, to be brought in within One Month after the Date hereof; but to pay Excise, and to be proceeded against without Favour, according as is expressed in the said Ordinance of the 11th of September in this Behalf."

Adjourn.

House adjourned till 9^a cras.