Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[18 February, 1645/6.]
Sir George Vane to be Sheriff of County Palatine of Durham and Sadberge.; Administration of oaths to him.; Stat. 31 Eliz.; Proclamations on exigents to be directed to Sheriff instead of Bishop.; So also Writs of Capias ut Lagatum. etc.; Ordinance provisional only, and to last one year.; Indemnity.
The Lords and Commons taking into consideration the necessity of appointing an High Sheriffe for the County Palatine of Durham and Sadberge, for that heretofore all Writs and Processe out of the Exchequer, and some other Courts at Westminster were directed to the Bishop himselfe, who made a mandate thereupon to the Sheriffe to proceed therein, according to the command and direction of such Writ or Processe, and Writs and Processes issuing out of the Chancery at Durham, and other Courts there, were directed immediately to the Sheriffe of that County, which Sheriffe was heretofore appointed by the said Bishop of Durham for the time being, and not in such course as other Sheriffs of other Counties of this Kingdom are: And for that no Sheriffe hath of late been appointed for that County, Do think fit to Order and Ordain, and be it Ordained by the said Lords and Commons, that Sir George Vane, Knight, shall be, and is hereby authorised and appointed to be Sheriffe of the said County, and do commit unto him, the said Sir George Vane, the Office of Sheriffe, and the custody of the said County Palatine of Durham and Sadberge, to have and execute the same for and during the space of one whole year, next after passing of this Ordinance, in as large and ample manner as any other Sheriffe of any other County of this Realm, may or ought to do. And the said Lords and Commons do further Ordaine, That the Commissioners of the Great Seal of England, shall issue out a Commission under the Great Seal, unto Christopher Fulthropp, Tho. Bowes, Richard Lilburne, George Lilburne, Esquires, or to any two of them, thereby commanding and enabling them, the said Christopher Fulthropp, Tho. Bowes, Richard Lilburne, and George Lilburne, or any two of them, to minister unto the said Sir George Vane, the two usuall Oaths, to wit, the Oath for the due execution of the Office of the said Sheriffe, and the Oath of Supremacy: And the said Commissioners are hereby authorised and commanded to returne in the said Commission to them directed, and the execution thereof into the Chancery of England, there to remain of Record, which shall be a sufficient discharge to them, the said Commissioners, and every of them in that behalfe. And whereas by a Statute made at Westminster, the fourth day of February, in the 31 yeare of the late Queene Elizabeth, of famous memory. Proclamations upon all Writs of Exigent, against any person or persons dwelling within the County Palatine of Durham, are to be directed to the Bishop of Durham, for the time being, and during the Vacation of the Bishoprick then to the Chancellor of the said Bishoprick, or County Palatine, for the time being, and not to the Sheriffe of any other Shire, next adjoining to the said Bishoprick or County Palatine. It is hereby Ordained, That all Proclamations upon Exigents against any person or persons dwelling within the said County Palatine, shall be directed immediately to the said Sheriffe, and the said Sheriffe is hereby required and authorised to cause Proclamation to be made of the same Writs of Proclamation, according to the Tenor of the same, and shall make true returns of the same, in such Court and Courts, and before such Justices as the Tenor of the same Writ and Writs of Proclamation shall require and demand; the said Statute of Queen Elizabeth, or any other matter or thing to the contrary thereof in any wise notwithstanding. And it is further Ordained by the said Lords and Commons, That all writs of speciall Capias ut Lagatum, single Capias ut Lagatum non molestando, and all other Processe and Writs, issuing out of any the Courts at Westminster, for or against any person or persons residant within the said County Palatine, shall and may from henceforth be directed from time to time to the said Sheriffe immediately, who shall doe therein, and make such returns thereupon, as other Sheriffs of any other County, not being County Palatine, have heretofore used, or might doe. And be it further declared, That this Ordinance nor anything therein contained, is to be construed otherwise then by way of Provision, untill some further course for setling of the said County Palatine of Duresme shall be taken by the Parliament; And that this Ordinance, nor anything therein contained, shall be in force beyond one year only next after the date hereof, and no longer. And it is lastly Ordained and Declared, That as well the said Sheriffe in the execution of his said Place and Office, as also all other Officers and persons that shall do anything by vertue, and in execution and pursuance of this Ordinance, and of the power therein contained, and according to the direction of the same, shall be kept and indempnified by the Authority and Power of both Houses of Parliament.