House of Commons Journal Volume 4
10 February 1645

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History of Parliament Trust

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1802

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44, 45, 46

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'House of Commons Journal Volume 4: 10 February 1645', Journal of the House of Commons: volume 4: 1644-1646 (1802), pp. 44-46. URL: http://www.british-history.ac.uk/report.aspx?compid=23318 Date accessed: 29 July 2014.


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Die Lunæ, Februarii 10, 1644.

Prayers.

ORdered, That the Ordinance concerning Lincolneshire be read on Wednesday Morning next.

Ordered, That the humble Petition of the Gentlemen, and others, the Inhabitants of the County of Surry, this Day received, be in especial Manner referred to the Consideration of the Committee of both Kingdoms.

A Message from the Lords, by Sir Edward Leech and Doctor Aylett;

The Lords have sent unto you this Ordinance: It is for the Subsidy of Tonage and Poundage, which moved first from this House: To which they do agree, with One Proviso, or additional Clause: In which they desire the Concurrence of this House.

The additional Clause was read in bæc verba, 1ma and 2da vice; viz. "It is further Ordained, That the several Ordinances of Parliament of the Sixteenth of August, 1642, and Nineteenth of January, 1642, inhibiting the Importation of Currans, be hereby repealed, and made void: And that it shall and may be lawful, from the Date hereof, for all Merchants of the Levant Company to import, in English Bottoms, Currans, as in former Times; paying only such Customs and Duties, as are due and payable by the now Book of Rates, established by Authority of this present Parliament."

Ordered, That this Proviso be committed to the Consideration of the Committee for Gloucester, and the Committee of the Navy, joined as to this Purpose: And are to meet upon it this Afternoon; and to make Report Tomorrow Morning.

The Amendments to the Bill for abolishing Episcopacy, &c. occasioned by reason of the Treaty, of the Date of Novembris 29, 1643, at Edenburgh, and by reason of the Propositions thereupon, and the Propositions for abolishing Episcopacy out of the Kingdom of Ireland also, were twice read; and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence: And the Bill, with these Amendments, ordered to be ingrossed.

Ordered, That, on Wednesday next, the Ordinance concerning the Court of Wards, and the Ordinance for Seizure concerning the Revenue, be taken into Consideration, and read.

Resolved, &c. That this House doth nominate and approve of Edw. Payne Esquire to be High-Sheriff for the County of Sussex: And that the Commissioners of the Great Seal do grant Commissions, accordingly.

Lords Concurrence herein.

Ordered, That the Committee of the King's Revenue do issue out Five hundred Pounds more to the Commissioners of the Parliament at the Treaty at Uxbridge, for the Defraying of their necessary Charges and Expences about the Treaty.

Ordered, That it be referred to the Committee of both Kingdoms, forthwith to send for, in safe Custody, Sir Wm. Portman, Mr. Culum, and Mr. Strode, now Prisoners at Taunton, to be brought up to London.

Resolved, &c. That this House doth nominate and approve of Arthur Staveley Esquire to be High-Sheriff for the County of Leicester: And the Commissioners of the Great Seal are hereby ordered forthwith to grant Commissions, accordingly.

Lords Concurrence herein.

Resolved, That this House doth nominate and approve of Sir Matth. Brand to be High-Sheriff for the County of Surrey: And the Commissioners of the Great Seal are hereby ordered forthwith to grant Commissions, accordingly.

Lords Concurrence herein.

Ordered, That the Commissioners of the Great Seal do require the several Persons nominated to be Sheriffs, forthwith to accept of their Commissions; and to put the same in Execution: And, if any shall refuse, to present their Names with all Speed unto this House.

Mr. Recorder went up to the Lords, with the Letter to the Parliament of Scotland; and the Vote concerning Judge Bacon, in Approbation of his Opinion in over-ruling the Plea of the Lord Macquier: And to desire a Conference concerning the Ordinance for a new Model.

The Ordinance for authorizing Mr. Speaker to put the Duchy-Seal in Execution for Lancashire was read; and also the Oath, amended, for the Sheriff of the County Palatine of Lancaster, was read; and both of them, upon the Question, assented unto; and ordered to be sent to the Lords for their Concurrence.

Mr. Recorder brings Answer, That, to the Letter to the Parliament in Scotland; and to the Vote concerning the Plea of the Lord Macquier; the Lords do agree: As to the Conference, they will give a Conference To-morrow at Ten a Clock.

Resolved, &c. That it be referred to a Committee of the whole House, to consider what Power the Officers of a particular Congregation shall have over the Members of the said Congregation, concerning their Knowledge, and Spiritual Estate; and likewise to consider of the Propositions in the Paper presented from the Assembly of Divines touching this Matter: And further to consider, what other Power is fit to be given to the Officers of a particular Congregation: This Grand Committee is to meet at Three of Clock, and so from time to time, as they shall appoint.

Ordered, That it be referred to Sir Sir John Francklyn and Sir Gilbert Gerard, to examine what Horses in the County of Middlesex were employed on special Service for Colonel Browne; and what is due for that Service, and how to be paid: And to report to the House.

Ordered, That Sir Thomas Widdrington do report, Tomorrow, the Ordinance concerning the Scotts Army.

THE Lords and Commons, assembled in Parliament, do Order and Ordain; And be it Ordered and Ordained, That Wm. Lenthall Esquire, Speaker of the House of Commons, shall have Power, and is hereby authorized, to put in Use the Duchy-Seal, for the Constituting and Making of Sheriffs, and Justices of Peace, within the County of Lancaster; and to issue out all Writs and Process; and to do and perform all Acts and Things necessary for the Benefit of the said County, in as ample Manner as any Chancellor of the Duchy heretofore hath done, or ought to do: And this Ordinance to continue and be in Force, until both Houses take further Order: And whatsoever the said Wm. Lenthall shall do in pursuance hereof, he shall be saved harmless by both Houses of Parliament. And it is further Ordered and Ordained, That the Officers belonging to the Duchy-Court do prepare a Patent for to make John Bradshaw, of Bradshaw, Esquire, Sheriff of the said County; who is to take the Oath of Sheriff hereunder following.

The Oath of the Sheriff of Lancaster.

Ye shall swear, That well and truly ye shall serve the King in the Office of the Sheriff of Lancaster; and do the King's Profits in all things that belongeth you to do by way of your Office, as much as you can or may. Ye shall not respite the King's Debts for any Gift or Favour, where you may raise them without great Grievance of the Debtor. You shall truly and rightfully treat the People of your Sheriffwick; and do Right as well to Poor as to Rich, in all that belongeth to your Office: Ye shall do no Wrong unto any Man, for any Gift, or Promise of Goods, nor Favour, nor Hate: Ye shall disturb no Man's Right: Ye shall truly account, before the Auditor of the Duchy of Lancaster, of all them, of whom ye shall any thing receive of the King's Debts: Ye shall nothing take, whereby the King may lose, or whereby that Right may be disbused, letted, or the King's Debts delayed: Ye shall truly return, and truly serve, all the King's Writs, as far forth as it shall be in your Cunning: Ye shall have none to be your Under-Sheriff, or any of your Sheriff's Clerks, of the last Year passed: Ye shall take no Bailiff into your Service, but such as you will answer for: Ye shall make each of your Bailiffs to make such Oath as ye make yourself, in That that belongeth to their Occupation: Ye shall receive no Writ by you, or any of yours, unsealed: Ye shall make the Bailiffs of the true and sufficient Men in the same County: Ye shall be dwelling in your proper Person within your Bailiwick, for the Time ye shall be in the same Office: Ye shall not let your Sheriffwick, or any Bailiwick thereof, to Farm to any Man: Ye shall truly set and return reasonable and due Issues of them that be in your Bailiwick, after their Estate and Honour; and make your Panel yourself. And, over this, in Eschewing and Restraint of the Manslaughters, Robberies, and other manifold grievous Offences, that may be done daily, and increase in Number, and multiply, so that the King's true Subjects may not safely ride or go to such Things as they have to do, to their intolerable Hurt and Hindring; ye shall truly and effectually, with all Diligence possibly to you, execute the Statutes touching the same. All which Premises ye shall duly and truly do and keep, as GOD help you, and by the Contents of this Book: And also do make a true and faithful Account of all such Profits and Casualties, as cometh and groweth of the said Office, or that ye shall be charged with, in the Time of your occupying the said Office of Sheriffwick, as GOD you help, and by the Contents of this Book. Also ye shall utterly testify and declare in your Conscience, That the said King's Highness is the only supreme Governor of this Realm, and of all others his Highness' Dominions and Countries, as well in all Spiritual and Ecclesiastical Things or Causes, as Temporal; and that no Foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any Jurisdiction, Power, Superiority, Pre-eminence, or Authority, Ecclesiastical or Spiritual, within this Realm: And therefore ye shall truly renounce and forsake all Foreign Jurisdiction, Power, Superiorities, and Authorities; and shall promise, that, from henceforth, ye shall bear Faith and true Allegiance to the said King's Highness, his Heirs and lawful Successors; and, to your Power, shall assist and defend all Jurisdictions, Privileges, Preheminences, granted or belonging to the said King's Highness, his Heirs and Successors, or united or annexed to the Imperial Crown of this Realm. So help you GOD, and by the holy Contents of this Book.