Lunae, 27o Februarii
L. 1a. AN Act for the Naturalizing of Samuel Bave, of the City of Bave, Bachelor in Physick.
L. 1a. An Act to enable Vincent Low, of Darby, in the County of Darby, Esquire, to sell Part of his Lands, for the Payment of his Debts, as also to secure the Residue of the Lands, to continue according to the Intent of a former Assurance herein after mentioned.
L. 2a. An Act for Sale of the Manor of Barrington, &c.
- Committed to Master Wards, Sir B. Rudyard, Sir H. Poole, Sir H. Whyteheade, Sir Ch. Barkeley, Sir Jo. Stradling, Mr. Humfreyes, Mr. Wm. Whitakers, Sir Rich. Buller, Knights and Burgesses Somersett, Mr. Bateman, Sir Jo. Strangwayes, Sir Rich. Strode, Sir Geor. Sands, Mr. Jo. Drake, Mr. Serjeant Hitcham, Mr. Browne, Mr. Chambers, Mr. Brooke, Mr. Rolle, Mr. Wentworth, Mr. Sherfeild, Mr. Littleton, Sir Geor. More, Sir Rich. Tichborne, Sir Ro. Quarlesse, Sir Ro. Gorges: - Wednesday, Two Clock, in the Court of Wards.
L. 2a. An Act for Preservation and Increase of Salmon, and other Fish : - Committed to Sir Jo. Stradling, Mr. Coryton, Sir H. Grimston, Sir Rich. Gravenor, Mr. Whitby, Sir Nath. Rich, Mr. Jordan, Mr. Sherwill: And all, that will come, to have Voice: - This Day seven-night. Exchequer Chamber, Two Clock.
Mr. Moore hath Privilege, to stay a Trial at Dorchester Assises, in a Suit, where one Henry Hodges is Plaintiff, against him. - A Letter to the Justices of Assise there.
Member being sheriff.
Sir Jo. Finch reporteth the Case about the Election of Sir Ed. Coke: Wherein the Committee delivered no Opinion. - The Writ first read, wherein the Nolumus.
A Search, by a select Committee, of the Records and Precedents. -
That, before the Nolumus, 46 E. VI. Sheriffs eligible, and did serve here, as holden by some; and all others, not Members of the Higher House : Others, that Sheriffs, by the Common Law, were not eligible. - Hath custodiam comitatus; so as his Attendance necessary in the County : Is a Judge, which cannot perform by a Deputy. - That a Member of the House, chosen Sheriff, shall serve; contra, before. - Resembled to the Case of one in Execution. - For the Writ; some, that other Things in the Writ, not observed : - Milites, gladiis cinctos: Manucaptores : Qui interfuerint at the Reading of the Writ. By others these holden to be Matters of Form; the other of Substance : And, that not safe to question a Writ so long used. -
From 49o H. III. till 13o Ed, III. no Mention of this Nolumus. Then a Prayer of the Commons, that no Sheriff, or other Minister, might be returned Knight.
46o Ed. III. an Ordinance made against Sheriffs, and Lawyers, to be Knights of Shires. Divers Questions made upon this Ordinance: 1. Whether this Ordinance an Act of Parliament: 2ly, Admitting, it were no Act of Parliament, yet, whether not in respect of the Weight of it, and Usage, equal to an Act of Parliament. - 47o Ed. the Nolumus came in; but none in those to the FivePorts,then, or sithence. Omission of it also in some Writs to Bristow; but . . Rich. II. came in to Bristow. . . Rich, the Clause wholly, as now. 7 H. IV. a Bill exhibited by the Commons, for a free Election, notwithstanding any Commandment, or ... to the contrary. 8o, 10o, and 12o, no Nolumus: 14o H. IV. the Nolumus came in, and continued as now. -
Three modern Precedents: 31o Eliz. St. Paule's Case . 42 Eliz. ... 12 Jac. Tellyes Case ; who a Sheriff for Life. -
No Opinion from the Committee, delivered.
The Debate hereof respited till Friday next.
The House put into a Committee.