The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ...

The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ...

The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ...

Table of contents

Title page

TO THE READER.

THE OPENING OF The Great Seale OF ENGLAND.

The Kings and Parliaments severall and joint Interests in, and power over the new-making, keeping, ordering of the GREAT SEALE of ENGLAND.

The VOTES of the House of COMMONS, together with their reasons for the making of a new Great Seale of England, presented by them to the LORDS at a Conference, Iuly 4. & 5. Anno 1643.

The mischiefes occasioned by conveying away the Great Seale from the Parliament (represented to the Lords at a Conference Iuly 5. 1643.) are these:

The mischiefes proceeding through want of the Great Seale.

Errata: & Omissions.

§

§

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THE OPENING OF The Great Seale OF ENGLAND.

Containing certain Brief Historicall and Legall Observations, touching the Originall, Antiquity, Progresse, Vse, Necessity of the Great Seal of the Kings and Kingdoms of England, in respect of Charters, Patents, Writs, Commissions, and other Processe.

Together with the Kings, Kingdoms, Parliaments severall Interests in, and Power over the same, and over the Lord Chancellour, and the Lords and Keepers of it, both in regard of its New-making, Custody, Administration for the better Execution of Publike Justice, the Republique necessary Safety, and Ʋtility.

Occasioned by the Over-rash Censures of such who inveigh against the Parliament, for Ordering a new Great Seale to be Engraven, to supply the wilfull absence, defects, abuses of the Old, unduely withdrawne and detained from them.

By WILLIAM PRYNNE, Utter-Barrester of Lincolns Inne.

Esther 8.

Write ye also for the Jews, as liketh you, in the Kings name, AND SEAL IT WITH THE KINGS RING: for the Writing which is written in the Rings name, AND SEALED WITH THE KINGS RING, may no man reverse.

It is this fifteenth day of September, Anno Dom. 1643. Ordered by the Committee of the House of Commons, concerning Printing, that this Treatise, intituled, The Opening of the Great Seale of England, be forthwith Printed by Michael Sparke Senior. JOHN WHITE.

LONDON. Printed for MICHAEL SPARK Senior. 1643.

TO THE READER.

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COurteous Reader, having copiously answered, refuted all Royalilists, Malignants, Papists, clamorous Objections and Primitive Exceptions, against the Proceedings of this present Parliament, in FOUR severall Treatises, lately published, concerning The Soveraigne Power of Parliaments and Kingdoms; which have given good satisfaction to many, and silenced the Penns, the Tongues of most Anti-Parliamenteers, who have bin so ingenuous as seriously to peruse them: I yet finde a New grand Objection lately started up, and much insisted on among these Opposites, by reason of the Commons late Order for making a New Great Seal (now almost finished) to supply the wilfull absence, defects, abuses of the old, to the extraordinary prejudice, dammage, danger, of the Houses, Kingdom, and delay of publike Justice; which, though sufficiently answered in the generall by sundry passages and Histories scattered in the former Treatises; yet because not so particularly or fully debated, as the consequence of this extraordinary weighty Act, and the querelousnesse of the clamorous Opposites require; I have therefore (upon the motion of some friends) to stop up this New-Breach and Clamour, speedily collected and published by Authority, these ensuing Historicall and Legall Observations, concerning the Originall, Antiquitie, Progresse, Use, Necessity of the Great Seal of the Kings and Kingdome of England; with reference to Sealing of Charters, Patents, Writs, Commissions, other Processe; and given thee a summary account of the Kings, Kingdoms, Parliaments, severall Interests in, and Power over the Great Seal, (and the Lords Keepers of it too) both in respect of its New-making, Custody, Administration, for the better execution of publike Iustice, the Republike necessary safety and utility, clearing all contrary Objections of moment; which I here submit to thy charitable Censure and Acceptation; imploring thy Pardon and Direction, in case I have casually erred, out of Ignorance or Humane Frailty, in tracing this Untrodden dangerous narrow Path, wherein I finde no Footsteps, or onely very obscure ones, to direct my course.

Farewell.

THE OPENING OF The Great Seale OF ENGLAND.

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NOt to enter into any impetinent tedious Discourse of the Antiquitie or use of Seales in generall, which were very anciently used both by the Nations and Kings of the Jewes, Persians, Medes, Babilonians, and others, (as is manifest byGen. 38 18. 25 Exod 28. 21 c 3 [...]. 6. Deut 31 43. Iob 14. 17. c 33. 16 c. 37 7 c. 38. 14 c 41. 15. 1 King 21. 8. Neh 9. 38 c. 12. 1. Est c. 3 12. c 8 8. [...]. Ier. 22 10, 11, 14, 24. Cant. 8. 6. Isa 8. 16. Dan 6 17. c. 12. 4 9. [...]. 9. 24 Ezek 28. Mat. 27 66 Iohn 3. 33. Rom 4. 1. 1 Cor 9. 2 Tim 2. 19 Revel. 5, 1, 5 9. c. 6 1, 3. 12. c 7. 1, 3 c. 8 1. c 9 4. c. 10. 4 c. 20. 3. c 22. 10 Polyd Virgi. [...]. 8 c 2. sundry Texts of Scripture, to omit prophane Stories;) it is a question much debated among Antiquaries, Historians, Lawyers, How ancient the use of Seales hath beene among the Kings of England, & in what age, upon what occasion, by what degrees they grew to be absolutely requisite for the ratification of Charters, Patents, Writs, Commissions, and other Processes?

The first originall, Antiquitie of Seals among our Kings, is very uncertain; for it is apparent, past all contradiction,See Ingulp. Hist. p. 901. Termes of the Law. Tile Fai [...]s, [...]. 94 Cooks Institutes on Littleton, [...] 7. a. that our ancientest Kings Charters, Patents had no Seals at all annexed to them, being ratified onely with the Signe of the Crosse, (oft-times in golden Characters) the subscription of our Kings names, with the names of divers Bishops, Abbots, Nobles, Clerks, and others, under them, as Witnesses; who all made the signe of the Crosse, before or after their subscriptions; as is most evident by sundry ancient Charters of our English Saxon Kings, yet extant in old Leger Books of Abbeys, in Sir Robert Cottons Library, and by the printed Copies, of them in the Histories of Ingulphus, M [...]lmesbury, Hoveden, Matthew Paris, Matth. Westminster,[Page]Holinshed, Mr. Fox, Mr Cambdens Britannia, M. Seldens Titles of Honour, History of Tythes, Notes to Eadmerus, Sir Henry Spelmans Councils and Glossary; Sir Edward Cooks Preface to his 4 and 6 Reports, his Institutions on Littleton, and Magna Charta, Joannis Pitseus, Relatio. Histor. de rebus Angl. Cl. Reynerus Apostolatus Benedictinorum in Anglia; M. Lambard his Perambulation of Kent and Archaion, Bishop Ʋshers Britannicarum Ecclesiarum Antiquitates, with others; which Charters, though without a Seale, haveSee 3 H. 7. 25 26. Cookes Preface to the 4. Report. Termes of the Law. Ti [...]le Faits. ever been reputed as valid, firme in point of Law from time to time, and so admitted by our Judges, Kings, Parliaments, as any punier Charters sealed with our Kings Great Seals. To give you some few instances of the ancientest Charters of our Kings before the Conquest, which I finde not sealed, but thus subscribed. KingSpelman. Concil. Tom 1. p. 118, 119. to 126. Aethelbert, Anno 605. made two Charters, the first to the Church of Saint Pancras, the other to the Monastery of Peter and Paul to be erected at Canterbury; which are thus confirmed with the Signe of the Crosse, not sealed;

✚ Ego Aethelredus Rex Anglorum, hanc donationem meam Signo sanctae Crucis propria manu confirmavi.

After which follow divers other witnesses, who confirm it with the same signe. There is extant a Bull of Augustine, the first Bishop of Canterbury, of an exemption granted by him to this Monastery, with a Leaden Seale annexed to it, the forme whereof you may view inSpel. Gloss. Tit Bull. p 108. Pol. Virg. De Iuven. Rerum, l 8. c. 1. Sir Henry Spelman, who suspects both these Charters, with Augustines Bull and Seale, (the sealing of Buls being not so ancient, and Leaden Buls being first brought in by Pope Adrian, about the year of our Lord, 774. as Polydor and others observe) to be meer Counterfeits, upon good grounds. There is another Charter of the same King, of Lands given to the same Monastery, dated, Ar. 610. subscribed as the former. The next ancient Charter I finde, is, that ofSpelman. Concil Tom. 1. p 189 to 194. Withred King of Kent, dated, An. Dom. 695. who the same year confirmed the great Councell of Beca [...] with the signe of the Crosse, & such subscriptions as are aforesaid. To these I shall adde the (suspected) Charter of Spelm. Ib. p. 207, 208, 209, 210. King Kenred and Offa. Anno 709. with the Charters of Egwin Bishop of Worcester, Anno 709. The Charter ofIngulph. Hist. [...] 851. 852 Spelm Concit. p. 256, 257. King Eth Ibald, An, 718. made to Saint Guthlar, and the Abbey of Croyland, with his Generall Charter of Priviledges granted to all Churches and Monasteries, dated, Anno 749. The Charter ofSpelm. Ib p. 227, to 231 King Ina granted to the Abbey of Glasterbury, (supposed to be spurious) Anno 725. OfIngulph. Hist. p. 853, 854. King Offa to the Abbey of Croyland, Anno 793. TheSpel. Concil. p 324. 324. Decree of Adardus Archbishop of Canterbury, and the Councell of Clovesho. An. 803. The Charter ofIngulp. Hist p 854, 855. King Kenulphus to the Abbey of Croyland, Anno 8 [...]6. TheSpel. Concil. p. 335 338, 339 Decrees of the Synod of Clevesh [...], under King Beornwulfe, Anno 824. and of the Council of London under King Egbert, Anno 833. The Charter ofIngulph. Hist. p 855 to 857 868. to 862. Witlasius King of M [...]rcia, to the Abbey or Croyland, Anno 833. The Charter of King Bertulphus to the same Abbey, An. 851. with theSpel. Concil. p 346, 347. Canons of the Councell of Kingesbury, confirmed and subscribed by this King, and others the same year, with the signe of the Crosse. The Charters ofIngulp. Hist. p. 862. Matth. Westn. An 854, 834. Spel Co [...]c. p 350, to 354. M [...]lm shurtensis. De est Reg. Angl l. 1 c. 2. p 41. Aeth Iwulphus to the Abbey of Croyland, Anno 855. and to all Churches and Monasteries, which he offered up to God upon the Altar of Saint Peter t Winchester, where the Bshop received it, and sent it to all Churches to be published. The Charter ofIngulp. Hist. p. 8 [...]3 864. B [...]orredus [Page] King of, Merciae, to the Abbey of Croyland. Anno 860. ofCooks Ep. to the 6 Report. Queen Aethelsw [...]th to Cuthwulfe, An. 868. of kingMa [...]mesh. de Gestis Regum, l. 2. c. 7. p. 53, 54 Edmund to the Abbey of Glastenbury, An. 944. ofIngulph. hist. p. 874. to 877. Spelman Concil. p. 428. king [...]dred to the Abbey of Croyland, An. 948. the charters ofIngulph. hist. p. 880. to 886. king Edgar to the Abbey of Croyland, An. 966. 970. 974. to theMalms. de Gestis Regum, l. 2. c. 8. p. 56, 57 Spelman Concil. p. 485. 486. 488. 489. 432. to 435 I. Seldeni ad Eadmerum notae p. 1, 9, 160 Cooks Preface to the 4 Report. Abbey of Glastenbury, An. 965. 971. and to the Abbey of Malmesbury. An. 974. his charter of Oswelds Lawes, An. 964. his charter to his new Monestery of Winchester, An. 966. and another charter, Ar. 964. the charter ofCooks Preface to the sixth Report. King Aeth [...]lred, An. 995. to Ʋlfric. withSpelman Concil. p. 504. to 510. his charter of priviledges granted to the Church of Canterbury, An. 1006. theSpelman p. 533. charter of king Knute, or Canutus, to the Church of our Saviour at Canterbury, An. 1018. and to the AbbeyIngulph. hist. p. 893, 913, 914. of Croyland, An. 1032. of Thorold to the Abbey of Croyland, An. 1051. and of King Edward the Confessor to the same Abbey about the yeare 1050. All these ancient Charters of our Kings before the Conquest had no seales at all annexed to them, but were only ratified with the signe of the Crosse subscribed by the Kings themselves, and these who made them, together with their names, and with the names and crosses of the witnesses. And it is observable, that all or most of these ancient charters of our kings, which granted any lands or priviledges to Abbeys or Churches, were made in full Councels and Parliaments, with the unanimous consent and approbation of the Bishops, Prelates, Abbots, Dukes, Earls, Lords, and great men therein present, who commonly subscribed them; the reason was, because none of our ancient kings (as I have proved) had any power to grant or alien the lands of the Crown (which they enjoyed only in the kingdoms right, and for its use) to any, without the consent of their Nobles, and people in full Parliament: and in most of these Charters, Abbeys and Church-lands were exempted from all taxes, tallages, and temporall services whatsoever, except the repairing of high wayes, bridges, and castles, for the common good: andRemonstrance against shipmoney pt thereby were anciently exempted from Danegeld, as I have elsewhere manifested.

Which of our kings first used a seale, is not certainly determined: Sir Edward Cook in his Institutes on Littleton, fol. 7. a. records, that the charter of King Offa, whereby he granted Peter-pence, doth yet remaine under his seale; Now this charter, asConcil. tom. 1 p. 308, 310, 311, 312. Sir Henry Spelman, and ourHuntindon, Antiquitates Ecclesiae Brit. [...]o [...] Polychronicon, Holins [...]. Grafton, Speed, and others. Historians generally in his life, record, was dated in the yeare of our Lord 793. or 794. and is the first charter scaled (if true) by any of our kings. There is anotherCooks Instit. on Lit. f. 7. a Charter of King Edwin, of certaine land called Iecklea in the Is [...]le of Ely, bearing date Anno 956. sealed with his owne seale, and with the seale of Elfwin Bishop of Winchester. I read in Francis Thinne his Catalogue of Chancellours, and in Sir Henry Spelman his Glossary, fol. 126. 132. that our Saxon kings Aethelstan, Edmund, Edred, Edgar, and Aethelred, had their severall Chancellors; but whether they had any seales or not, is uncertaine: if they had any, it is certaine (writesGlossar. p 127 See Tearms of the Law, title Fairs. Sir Henry Spelman) that they scarce used them at all, or very rarely, most of their charters having no seales at all, but only crosses, or subscriptions of these Kings names, and witnesses. The very Speeds hist. p. 415. terms of the law, f. 94. first of all our Kings who used a large br [...]ad seale, was Edward the confessor, who, being brought up in Normandy, introduced that, with some other of the Normans Guises with him, and had three Chancellors: Ʋnder this Spelman Gl [...]ssar p. 126. seal he granted a Charter of sundry liberties and priviledges to the Church of Saint Peters in Westminster, Anno Dom. 1066. which was sealed by his Chancellor Reynbaldus, as is evident by this his subscription to that deed; Ego Reynbaldus Regis CANCELLARIVS relegi & SIGILLAVI. [Page] This is the first Charter, for ought appears, that ever was sealed with a Royall broa [...] Seale, or by a Chancellor. But that all this good Kings charters, or any of his writs, or commissions were thus sealed by this great scale, or that the Chancellor then had the custody of the seale (which the Chancellors in the reigne of Charles the great, and Ludovicus Pius, had not in France, as Sir Henry Spelman proves in his Glossary, p. 127. out of Capit. l. 2. c. 24. and Eg [...]lismensis in vita Caroli, p 15. and the passage of Ingulphus concerning the office of the Chancellor in his time, cited in Spelman, seemes to disprove) is a non liquet unto me. The exact forme of this Kings great seale you may behold inHist. of Eng. p 409. Iohn Speed, together with the various effigies of all our succeeding Kings broad seales, prefixed by him before their severall lives.

Two things there are, which in this enquiry after the originall use of our Kings great seales, seeme somewhat dubious unto me. First, when, how, and by what law or meanes it came to passe, that our Kings Charters and Patents ought of necessity to be sealed with the great seale, contrary to the primitive usage in former ages, or else to be reputed invalid, and meere nullities in law? Secondly, when, and by what law or grounds, and in what Kings reigne, Writs, Commissions, and other Processe of law, began to be issued out under the great seale, or else to be disallowed as illegall? it being evident unto me, that Charters, and Patents were usually sealed by some of our Kings, before any of their writs, commissions, or legall processe issued under their seales.

These two doubts, I confesse, are beyond my skill exactly to assoile; yet this I conjecture as most consonant to truth; ThatTearms of the Law, Tit. Faits, f 94. Speed hist. p. 415. Edward the Confessor being trained up in Normandy, and addicted to the customes of the French, which he introduced with him, did first of all bring in the sealing of deeds; which I gather from the words of Hist. p. 895. Ingulphus Abbot of Croyland, who flourished in his reign, and writes thus of him: Coepitergo tota terra sub Rege, & sub aliis Normannis introductis, Anglicos ritus dimittere, & Francorum mores in multis imitare: Gallicum idioma omnes Magnates in suis Curits tanquam magnum Gentilitium loqui; CHART AS ET CHIROGRAPHA SVA MORE FRANCORVM CONFICERE, & propriam consuetudinem IN HIS, & in alius erubescere. Now the French Kings long before his dayes, used to seale their charters with golden Bulls, asIn Apparatu a Stemmata Lintharogie. Franciscus Rosierius, and Sir Glossar. tit. [...]ulla aurea, p. 106, 107. Henry Spelman testifie; there being divers charters of King Dagobert, Sigebert, and Pipin yet extant under golden Bulls, as they record: and Charles the Great, descended of Pipin, was the first Emperour of the Romans which sealed charters with a golden Bull, asDe Invent. Rerum, l. 8. c. 2. [...]ce Ioan. Zonarae, An Tom. 3. f. 147. c. Polydor Virgil attests,Host. [...]len. Eccl. l 3. c. 17. Flodoardus also recording, that Charles the Bald An. Dom. 867. sealed with a Bull of his name, Bull a sui nominis sigillavit. In imitation of whomSpeeds hist. p 415. Tearmes of the law, f 94 Edward the Confessor, as it is probable, caused a great Seale to be made (which none of his Predecessors used) and there with sealed two of his three Charters of priviledges and Donations granted to the Abbey of Westminster (to which he was a speciall benefactor) the copies of which you may read inConcil Tom. 1. p. 630. to 637. Sir Henry Spelman: witnesse this close of his second charter; Chartamistam conscribi, ET SIGILLARI IƲSSI, & ipsam manu mea signo sanctae CRƲCIS impressi, & idoneos te [...]es annotari praecepi ad corraborandam: After which his owne subscription with the signe of the crosse followes, and the subscriptions and crosses of sundry Bishops and Abbots: after them, Ego Raynbaldus CANCELLARIƲS ✚; then follow the subscriptions of Dukes, and other the Kings Officers, with this conclusion, [Page] Acta apud Westmonaster. quinto kal. Ianuarii, die sanctorum Innocentium, Anno Dominicae Incarnationis 1066. Indictione tertia. Anno Regni serenissimi Edwardi Regis 25. Swyergarius Notarius ad vicem Reynbaldi Regiae dignitatis Cancellarii, hanc Chartam scripsi & subscripsi, in Deinomine foeliciter, Amen. With this close of his third Charter dated the same year and day; Ʋt ergo hac auctoritas nostris & futuris temporibus, circaipsum sanctum locum perenniter firma & inviolata permaneat, per omnia tempora illaesa custodiatur atque conservetur, & ab omnibus Optimatibus nostris, & Iudicibus publicis & privatis, melius ac certius credatur, Manus nostrae subscriptione subter eam decennius roborare, & idoneos testes annotare, ATQƲE SIGILLO NOSTRO IƲSSIMƲS SIGILLARI. [...].

Ego Edwardus Deigratia Anglorum Rex, hoc privilegium jussi componere, & compositum, cum signo Dominicae CRƲCIS confirmando impressi. ✚: then follow the subscriptions of divers Bishops and Abbots with crosses: next to them, Ego Reynbaldus Regis CANCELLARIƲS relegi ET SIGILLAVI. ✚: next ensue the subscriptions of some Dukes, Officers, and Knights, with crosses: next the date of the place, day, yeare of Christ, and the Kings reigne; with Ego Alfgeatus Notarius, ad vicem Reynbaldi Regiae dignitatis Cancellarius, hoc privilegium scripsi & subscripsi, In Dei nomine foeliciter. Amen.

From which Charters and Subscriptions we may observe,

First, That this King Edward, though he added his great Seal to his Charters, yet he retained the ancient forme of confirming them with the signe of the crosse, and the subscription of his owne name, and the names of witnesses; which continued long after, till Edward the first his reigne, if not longer, though since discontinued.

Secondly, That the Chancellor in his dayes, though he subscribed his name after Prelates and Bishops, yet hee did it before Dukes, Earles, and all other temporall Lords; therefore hee was then, no doubt, the chiefest temporall Officer, and hath so continued ever since. What the dignity and office of the Chancellor was in this Kings reigne and before, appeares by Ingulphus his history of TurketulusThin [...] Catalog. of Chancelors in Holinshed vol. 3. col. 1160. &c. Spelman Gloss. p. 132. Chancellor both to King Aethelstan, Edmund, and Edred successively, and the second Chancellor we read of in our Realme) who was then PRIMVM, PRAECIPVVM ET A SECRETIS FAMILIARISSIMVM. This Ingulph hist. p 872. to 892. Spelman. Gloss. p. 126. Turketulus (writes he) descended of the blood royall, being Nephew to King Edward the elder, who for his merits would have matched him to divers rich Noblemens daughters, but he refused them, leading a single life: After which he would have promoted him to a Bishoprick for his learning and holinesse, proffering him first the Bishoprick of Winchester, and afterwards the Archbishoprick of Canterbury very often, and to preferre him before all his other Clerks; but he rejected those dignities with various excuses, and utterly abhorred them all his life, tanquam tendiculas Sathanae ad subvertendas animas, As the snares of Satan to subvert soules: Such were Lord y Bishopricks esteemed, even in that blinde age: which may be further ratified by this monkish story, related out of the Promptuary of the Disciple, and Arnoldus inFol. 227. printed by Winkin de Word at London, An. 1521. the Flower of the Commandements of God; That a Monk of Clervaulx was chosen to be Bishop, the which refused it, against the will of his Abbot and of the Bishop, and soone after died: Who appearing after his death to his familiar, he demanded of him, if the disobeysance before said had noyed him? he answered, that nay, and afterward said, If I had taken the Bishoprick, I had beene damned; and said moreover an horrible word, The state of the Church is come

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[Page] unto this, that she is not digne to be governed But of ill Bishops, &c. But to returne to our story. Tarketulas refusing the glory of this terrene dignity and transitory honour of a Bishoprick; the King at last made him his Chancellour: ut quaecunque negotia temporalia vel spiritualia Regis judicium expectabant illius consilio & decreto (tam sanctae fidei & tam profundi ingenii tenobatur) omnia tracturantur, & tractata irrefrag [...]bilem sententiam sortirentur Consilio ergo illius, multa bona opera &c. off [...]cis: After which he addes, he was a man of greatest power and authority with these three Kings, both for his incomparable wisdome and valour, he had sixty Manners of his own (six whereof he gave to God and the Abbey of Croyland where he became Abbot, and the residue to the King) and vast treasures of jewels and money, yet in all this greatnesse his Title of Chancellour was his highest dignity, as Ingulphus manifests: Therefore it was then, no doubt, the most eminent office.

Thirdly, that in those times See Spelmanni Glossar. tit. Cancellarius p. 125. to 127. it was one chiefe part of the Chancellors office, by himselfe or his Notaries and substitutes, to dictate and write all the Kings Charters, Patents, Writs, and to subscribe them as a witnesse: whence Turketulus when he was Chancellor, writ or dictated most of the Kings charters made to the Abbey of Croyland: Rex Edredus dedit Monasterium Croyland per Chartam suam, dictatam ab eodem Turketulo, writes Ingulphus, p. 874.

Fourthly, That the Chancellor in his reigne, sealed the Kings charters with his seale; yet Spelmanni Gloss. p. 127, 128 whether he only did it, or had the sole custody of the soale, is uncertaine.

But though King Edward the ConfessorSpeeds hist. p. 415. first brought in the great seale; yet the custome of sealing charters, patents therewith, with other mens sealing Deeds, grow not common, universall, or necessary, See Rastals Tearms of the Law, tit. Faits. till the latter end of the Conquerours reign; as History p. 901. Ingulphus in these direct tearms avers, from his own experimentall knowledge: Et non tantum hunc morem (of making Knights) sed alias etiam consuetudines (William the Conquerour and his Normans, of whom he writes) immutabant; nam chirographtrum consectionem Anglicanam, quae antea Ʋsque ab Edwardi Regis tempora, fidelium praesentium subscriptionibus cum Crucibus Aureis, aliisque saerts signaculis firma fuerunt, Normanni condemnantes, chirographa chartas vocabant; Et chartarum armitatem cum cere impressione per untuscujusque speciale sigillum, sub instillatione trium vel quatuor testium astantium (whereas ancient charters had twenty or more witnesses) conficere constituebant. Conferebantur etiam prime multa praedia nudo verbo, absque scripto, velcharta, tantium cum Domini gladio, vel galea, vel cornu, velcratera; & plurima tenementa cum calcari, cum striguli, cum arcu, & non nulla cum sagitta. Sed haec initio Regni sui; posterioribus annis immutatus est isle modus. Tantum tunc Anglicanos abominanti sunt, &c. So that by this Historians expresse testimony (a man of great eminency in that age, being Abbot of Croyland, and much frequenting the Court, yea taking more paines to search out and preserve ancient Charters then any in that age) William the Conquerour and his Normans (who Malmesbury Matthew Paris, Ladmerus, Huntindon, Hoveden Polycron, Holinshed, Speed, Daniel, and others in his life. endeavoured to reduce the English to the customes lawes, and ceremonies of Normandy, especially in all matters of government, law, and justice, his charters being of farre other tenour, forme, and brevity, then those before or since in use) were the first who introduced, by insensible degrees, the French custome of sealing charters and deeds with seales; and this King, with his Officers (as all our Historians complaine) being extraordinary covetous and oppressive, using sundry new [Page]d [...]ses to fill their owne purses, by exhausting the peoples; it is very likely (as Ingulphus words import, andSpeeds hist. p. 440, 450. others insinuate) that he and his Chancellors (of which I finde In Thinns Catalogue, and Spelman Gloss. p. 132. nine in his reigne) to make a benefit and project of his great seale, did in his latter dayes ordaine, that all charters, patents should be thenceforth sealed with his royall seale, or else be reputed invalid in law. Three charters of his I find recorded in our writers: The first, made to the Abbey of Croyland at the sute ofHistory p. 912. Ingulphus who registers it, subscribed by some witnesses, without mention of any seale of his thereto annexed. The second, to the Abbey of Battle, sealed with his great seale, and subscribed by foure or five Bishops, which Patent & Seale to you may view inPage 165, 166. see the forme of his seale in Speeds Hist. p. 435. Mr. Seldens Notes on Eadmerus. The third, to the City of London, granted at the sute of William their Bishop, written in the Saxon tongue, confirmed with greene wax, whereas the Saxons before used only to signe with gilt crosses; the copy whereof you may read in Lamberts parambulation of Kent, Holinshed, andHistory p. 450, 451. Speed. As for that charter of his, recorded by Iohn Stom, and Speed in his life, out of the Book of Richmond:

I William King, the third yeare of my reigne,

Give to thee Norman Hunter, to me that are both leefe and deare,

The Hop and the

I doubt Hoplands, hops and hop-yards were not then in use

Hopton, and all the bounds up and downe,

Vnder the earth to Hell, above the earth to Heaven,

From me and mine, to thee and to thine,

As good and as faire, as ever they mine were:

To witnesse that this is sooth, I bite the white wax with my tooth,

Before Iugge, Maud, and Margery, and my youngest sonne Henry,

For a Bow and a broad Arrow, when I come to hunt upon Yarrow.

I deeme it either a forgery, or a charter granted only in merriment; which Rast all in his Tearmes of the law, f. 80. attributes rather to King Edward the third, then to the Conquerour; concluding, that s [...]aling was not commonly used till the reigne of Edward the third: which if true perchance of deeds betweene private persons, yet not of Royall charters. King William Rufus, Henry the first, Stephen, and Henry the second, had all their severall great seales (the portraytures whereof you may behold in Iohn Spreds History before every of their lives) and their severall Chancellors too, whose names you may read i [...] Holinshed vol. 3. col. 1260 to 1280. [...] Francis Thinns Catalogue, andGlossarium, p. 132, 133. Spelman; which Chancellors, as is most likely, kept their seales, sealing both Patents and charters with them.

I read, thatMatth. Paris p. 53, 54. Eadmerus l. 3. p. 55. Malmes. de Gest. Reg. L [...]. Hoveden, Holinshed, Matth. West. [...]abian, Polychron. Caxton, Grafton Stow, Damel in 1 Hen. 1. Speed p. 407. King Henry the first, in the first yeare of his reigne, granted a Charter of Liberties to his Subjects (according to his promise and Oath, before and at his Coronation) much like to Magna Charta, subscribed with Witnesses: ET SIGILLI SVI TESTIMONIO ROBORATVM, as Eadmerus, and others write: To this Charter he set both his hand AND SEALE, commanding as many copies as there were Counties in England to be transcribed, and kept in the Monasteries of every Province: he was made a King by right of Election, not of Succession, his brother Robert being right heire. In this Kings reigne, I finde one Writ to Anselme Archbishop of Canterbury (who usedDelatae literae repos [...] in tuo sigillo, [...]adme. l. 4. p. 86. a seale wherewith he sealed his letters written to this King) withFa [...]merus ibid. & p. 101. Teste Walricho CANCELLARIO[Page]apud Merlebergam. And another Eadmer. Nov. l. 4. p. 101. Writ directed to him, to respit the consecration of Thomas Archbishop of Yorke till Easter, SIGILLO REGIS INCLVS AS; the first Writ I, to my remembrance, finde sealed with any Kings Seale, though Patents were commonly sealed before this time.Malms. Novel. l. 1. p. 170. Huntind. Matt. Paris, Hoveden, Mat. West. Speed Holmsh. Daniel▪ in his life, An. 1. King Stephen, comming to the Crowne by the Nobles Election, not by right of inheritance, as next heire, vowed to confirme their Liberties by his Charter and SEALE; which hee did at Oxford in the first yeare of his Reigne: this Charter you may read in the Marginall Authors, being like to Magna Charta in substance. That King Henry the second used to seale his Charters and Patents, I finde apparent testimonies in our Historians. For his Oath of Purgation which he made concerning the death of Thomas Becket (registred at large byAnnal. pars poste. p. 529, 530. see Matt. Paris p. 120, 121, 122, 124, 125. Roger de Hoveden) was put into writing in forme of a Charter, and then sealed with his Seale, and the Seales of the Cardinals, as this Authour attests. Et ut haec in memoria Romanae Ecclesiae haberentur, Rex Pater FECIT APPONI SIGILLƲM SƲ ƲM SCRIPTO ILLI, in quo superdicta capitula continebantur, una CƲM SIGILLIS praedictorum Cardinalium (Theodine and Albert.) Atque ut in memoria Romane Ecclesiae sirmiter habeatur, SIGILLVM VESTRVM PRAECIPISTIS APPONI.Hoveden Annal pars posterior p. 560. to 566. Mat. Par: p. 127. see Holinsh. and Speed in his life Anno Dom. 1177. Sancho King of Navarre, and Alphonso King of Castile being at variance, about breaches of Articles in a former truce, referred their differences to the determination of King Henry the second: who calling his Nobles and Parliament together, made these kings Embassadors to put their differences in writing, and then to sweare to stand to his, and his Councels arbiterment: which done, he made a Charter of his award, subscribed with the names of many Bishops, Nobles, Clerks, & Laymen, as you may read at large in Hoveden, which Charter questionlesse was sealed with his seal, though it be not expressed.Hoveden An. pars post. p. 570. 571. Mat. Paris p. 128. see Holinsh. Grafton, Speed, Daniel, Fabian. The same year, on the 7 day of October K. Lewis of France, and king Hen. 2. made a finall concord and league for mutuall offence and defence, which was put into writing, sworn to, subscribed by many witnesses of note and SEALED; witnesse the words of Hoveden (who records it at large.) Et ut hoc statut [...] firmiter teneatur, & ratum permaneat, scripto commendari, ET SIGILLI SVI AVCTORITATE CONFIRMARI FECIT. And the same yeare Audebert Earl of March selling his Earldom to King Henry, made a Charter thereof, registerd inAnnal. pars post. p. 572. Hoveden, which concludes thus: Ne autem haec mea venditi [...] solemniter celebrata aliqua posset in posterum malignitate divelli, EAM SIGILLO MEO MVNIVI: after which many Bishops, and other witnesses subscribed it. In this Kings reigne it is apparent, that the great Seale remained in the custody of the Chancelor; for I readMatth. Paris hist p. 94. Antiquitates Eccles. [...]rit. p. 122. Godwins Catal gue of Bps in the life of Becket, Thins Catalog. of Chancelors, Holinshed in Hen. 2. that this king making his Chancelor Thomas Becket, Archbishop of Canterbury, he thereupon, An. Dom. 1162. (contrary to the kings good liking and expectation, who was then in Normandy) sent messengers over with the Seal, Cancellariae renuntians, ET SIGILLƲM RESIGNANS, renouncing the Chancellorship, and resigning up the Seal unto him; Because he could not attend the Court and Church at once; so as the Chancellor then kept the seale of England with him here, when the King was absent in Normandy, for the better execution of publike justice. This will yet more plainly appeare by the ensuing passage ofAnnal. pars post. p. 748. Hoveden, and Writ of King Richard the first;

§

Richardus Dei Gratia Rex Angliae, &c. Willielmo de Sancta Mariae Ecclesia, & Nugont Baro [...]lpho, salutem, sciatis quod didicimus, quod in morte Patris nostri sine praecepto suo, & conscientiae, habuerunt[Page]literas DE SIGILLO SVO Gaufrdtus de Mu camp de habendo Archidiaconatu de Cliveland, & Willielmus de Stigandebi, & Magister Erardus de praebendis habendis in Ecclesia Eboracensi, quae tum vacabat, & erat in mann nostra: Et ideo praecipimus, quod praefatos ab Archidiaconatu & Praebendit dictis sine mora dissaisietis, repetentes ab eis quicquid ex inde perceperunt, postquam illos redditus ita fraudulenter & per surreptionem sunt adepti. Teste m [...]ipso tertio die Novembris apud Mamerz. Proh pudor!

Turpe est doctori cum culpa redargu [...]t ipsum.

Idem enim Geoffry. Archiepiscopus dum adhuc esset CANCELLARIUS REGIS Patris sui, SIGILLVM ILLVD IN CVSTODIA HABVIT, per quod praefatus Archidiaconatus, & praebendae illae datae fuerant praenominatis personis.

By which passage and writ it is apparent: First, That the Chancellour in Henry the seconds Reigne, had the custody of the great Seale. Secondly, That presentations to Churches, Archdeaconries, and Prebendaries, were then granted under the Great Seale. Thirdly, That Chancellours did sometimes fraudulently grant and seale Patents without the Kings privity; and that these Patents, when discovered, were reputed fraudulent and voyd. Fourthly, That writs at Common Law were usuall in Henry the second his Reigne; which appeares most plentifully and irrefagably by Ranulphus de Glanvilla, chiefe Insticiar under this King, his, Tractatus de Legibus & consuetudinibus Regni Angliae, tempore Regis Henrici secundi compositus: wherein most Originall Writs of the Common Law, and the Proceedings upon them, yet in use, are collected and registerd for the benefit of posterity. In this Kings time, I conceive, our Writs of Law were reduced by this Ralph Glanvill and his fellow Iustices, into a set forme, and began to issue forth under the Kings Seale, to avoyd forgery; but whether under the Great Seale, or speciall Seale of every Court (as Sir Edward Cooke in his Institutes on Magna Charta, pag. 554, 555, 556. conjectures) I cannot certainly define. In his Reigne I first finde, that the connterfeiting of the Kings Charter was reputed Treason; as Glanv [...]ll expresly declares it, lib. 1. cap. 2. & lib. 14. cap. 7. Illud tamen notandum, quod si quis convictus fuerit de Charta falsa, distinguendum est, Vtrum fuerit CHARTA REGIS, an privata, Quod si CHARTA REGIA, tunc is qui super hoc convincitur, condemnandus est, TANQVAM DE CRIMINE LESAE MAIESTATIS. Si vero fuerit charta privata, tunc cum convicto mitius agendum est. Now that which he tearmes counterfeiting the Kings Charter, Lib. 2. Tit. de Crimine lesae Majest. Bracton, Lib. 1. c. 8. f. 16. Stanfords Pleas lib. 1. c. 1. Britton, and the Statute of 25. E. 3. of Treasons, stile, counterfeiting the Great Seale, or Privy Seale of the King: and therefore this of Glanvill relates principally to the counterseting of the Kings Seale annexed to his Charter. I finde inAnnal. pars poster. p. 551, 552, 553. Roger Hoveden, a Charter of William, King of Sicily, which hee made to Ioan daughter of King Henry, touching her Dower, dated Anno Domini 1177. Mense Februarii Indicti▪ decima, subscribed [Page] with the names of divers witnesses, Subjects to King William, and among others, Ego Mattheus, Domini Regis VICE-CANCELLARIƲS: Which Charter concludes thus: Ad hujus antem donationis & concessionis nostra memoriam, & inviolabile firmamentum; privilegium praesens per man [...] Alexandri, notarij nostri scribi, ET BƲLLA AƲREA NOSTRO TYPARIO IMPRESSA, ROBORATƲM NOSTRO SIGILLO, jussimus decorari. In quo familiares nostri, & aliae personae pr [...]ecepto nostro se scripserunt hoc modo; the Forme of which Kings great Seale you may behold ingraven in Hoveden. p. 553.

In fine, this Henry the second, beingMat. Pari [...] hist. Angl. p. 157. Hoveden p. 358. Fabian par. 7. p. 353, 354. Polychron. l. 7. c. 24. Speed p. 522. chosen King of Hierusalem (which Kingdome was wholly elective) and earnestly importuned by Heraclius Patriarch of that City, the Christians there, and by Pope Lucius his Letters, to accept that Honour; An. 1185.Mat. Paris p. 47. 64, 69. He thereupon summoned a Parliament as London on the 10. of April; wherein hee charged all his Subjects with many adjurations, to advise and resolve him, what was best to be done in this case for the salvation of his sense; and that hee was resolved by all meanes, to follow their advice herein; Whereupon the Parliament conferring on the premises, resolved; that it was much more wholesome for the Kings soule,Hoveden Annal. pars poster. with others. that he sholud govern his owne Kingdome with due moderation, and defend it from the eruptions of the Barbarous French, then to provide for the safety of those in the East in proper person. Which I onely note in the by (having omitted it in its due place:) First, to manifest what high esteem our Kings have had of the resolutions and advise of their Parliaments, to which they wholly submitted their owne judgements, acquiescing in their resolves. Secondly, to evidence the Soveveraigne power of Parliaments over our Kings then, who might not desert the Realme, not take any new honour or dominion upon them, without their previous consents and advice: Thirdly, to shew the dutie of Kings to their Subjects and Kingdomes.

King Richard the first succeeding his Father Henry the second, rather by Election, then Succession, (and Speed hist. p. 530. not stiled a King, by our ancient Writers, before his Coronation) was the first of all our Kings (as Our Speed hist. p. 541. Daniels hist. p. 125. Cook Instit. on Littletons. 7. a. Writers accord) who sealed with a Seale of Armes, all our former Kings seales, being but the Picture of the King sitting in a Throne, on the one side of the seale, and on horse-backe on the other side in divers Formes, with various inscriptions of their Names and stiles; which you may view in Speed; But this King bare two Lions Rampant combatant in a shield, in his first, and three Lions passant in his latter Seale; borne ever after by our Kings, as the Royall Armes of England. His firstSee Hoved [...]n, Mat. Paris, Nubrigen. Mat. Westm. Holinsh. Speed, Grafton. Chancellour, was William Longchamp Bishop of Ely, Legate to the Pope, whom hee made his Vice-Roy and Iusticiar of England, when hee went to the Holy Land against the Saracens, committing the Kingdome to his Government, chiefely; who infinitely oppressed and tyrannized over it, as all our Historians evidence:Hist. Angl. p. 155, 156. Matthew Paris give, this Character of him, Erat idem CANCELI ARIVS MAXIMVS inter omnes occidentales, REX ET SACERDOS in Anglia, qui omnia pro nihilo ducebat, cum Episcopali tantum dignitate non contentus nimis alta se sperare denotavit. In prima namque Literarum suarum fronte, vanitatem & elationem expressit, cum dixit. Willielmus DEI GRATIA [Page] commonly used before, in, and since that age by and to Bishops, Popes, Abbots, in publique Writs, as well as Kings, as theEadmerus, hist. p. 12. 36. 201. Hoveden, Annal. p. 459, 498, 504, 505, 509, 512, 513, 523, 524, 530, 538, 575, 643, 611, 670, 677, 707, 712, 718, 721, 741, 763, 766, 782. Marginall Authors manifest) Eliensis Episcopus DOMINI REGIS CANCELLARIUS, totius Angliae Iustitiarius, & Apostolicae sedis Legatus, &c. Has autem dignitates, quos pretio obtinuerat, immoderato excessu exercuit, volens locellos, quas in earum impetratione evacuerat, reficere, &c. This Chancellour (as is probable) had the custody of one part of the Seale in this Kings absence, for the better administration of justice, though the King carried the other part of the great Seale with him into the warres, pretended to be there lost, as you shall presently heare. I finde divers of this Kings Charters, Letters, Writs, before and after his voyage to the Holy-land, recited inAnnal. pars. post p. 658 662 667▪ 676, 698, 700, 726, 730, 732, 734. 743. 748. Hoveden. These Charters, which questionlesse were sealed with his Seale, were subscribed by sundry witnesses; the Writs and Charters concluding with a Teste meipso apud Chinonem, &c. The Charter of the Manor of Sadburgh to Hugh Bishop of Durham, Matth. Paris p. 106. Spelmanni Concil. p. 142, 395. Mr. Seldens Titles of Honour, p. 123. to 128. Register pars. 1: f. 286, 392. to 328: pars 2. 2. f. 3. p. 22 3. 30, 33, 35, 38, 44, 54, 55, 60, 62, part. 35. 22. 26. 29. 31. 35. 42. 47. Fitz. Nat. Bre. f. 132. is thus dated. ‘Datum anno primo regni nostri 18 die Septembris apud Eatingat, per manum Willielmi de longo campo, CANCELLARII NOSTRI.’ During this King Richards imprisonment in Germany, Henry the Emperour sent Letters to the Nobles of England for this King, by William Longchamp his Chauncellour, AUREA BULLA IMBULLATAS in hac forma, sealed with a golden Bull in this forme. And soone after, this Hoveden Annal. p: 726, 7 [...]9 730. Chancellor, William Briwere, and others, concluding a peace betweene this King and Phillip King of France, authorized thereto by the Kings Letters Patents; these Commissioners not onely sware to, but sealed the Articles of this truce, as this close of it manifests. Quae omnia praedicta, ut rata permaneant & inconcussa, ego Willielmus de Rupibus, & ego Joannes de Pratellis, & ego Willielmus Briwere, per praeceptum Regis Angliae Domini nostri, SIGILLORUM NOSTRORUM ATTESTATIONE ROBORAVIMUS. Actum Meduneae Anno ab incarnatione Domini 1193. octav [...] Idus Julii. And the very next yeere theHoveden. Annal. pars. post. P. 741, 742 743. Letters and instrument of the truce made between these two Kings by Drogo and Anselme, and sworne by them in the French Kings behalfe, have this conclusion. Et nos ut omnia praedicta firma sint, & stabilita, universa praedicta SIGILLIS NOSTRIS ROBORAVIMUS. Actum inter Vernelium & Thilers, Anno incarnati verbi 1194. 23 die Iulii.

King Richard being released this very yeere (which was the sixt of his raigne) out of prison, and new crowned, among other oppressve projects to raise moneys to maintaine his warres (which made him an extraordinary oppressiour of his people) Hoveden Annal. pars. po [...]t p. 746. 785. Speeds Hist. p. 541. Daniel [...] See Holinshed, Grafton, and others. caused a NEW BROADE SEALE TO BE MADE; (the portrayture whereof you may view in Speed) pretending that the old was lost, when Roger his VICE-CHANCELLOR was drowned before Cyprus, and that his CHANCELLOR during his imprisonment, had abused THIS SEALE, whereupon he tooke it from him: requiring and cōmanding, that all persons as well Clergy men as Lay men, who had Charters or confirmations UNDER HIS OLD SEALE, should bring them in to be renued UNDER HIS NEW SEALE; and unlesse they did so, that nothing which had beene passed BY HIS OLD SEALE, should be ratified, or held good in Law. By which device he drew a great masse of Money to his Treasury; subscribing his new-Sealed Charters thus: This was the tenor of our Charter under our first Seale, which because it was lost, and at the time of our being captive in Almayne, in the power of another, WE CAUSED TO BE CHANGED, &c. Which Annal. pars. post▪ p. 746, 785. Hoveden thus relates, Et imputans Cancellario suo, hoc per ipsum fuisse factum, ABSTULIT AB EO SIGILLUM[Page]SUUM & facit sib! NOVUM SIGILLUM FIERI; tum quia CANCELLARIUS ille operatus fuerat inde minus discrete, quàm esset necesse, tum quia SIGILLUM ILLUD perditum erat, quando Rogerus malus catul [...]o, VICE-CANCELLARIUS SUUS submersus erat in maeri ante insulam de Cypro: & praecepit Rex: quod OMNES, tam clerici quam laici, qui Chartas habebant, venirent AD NOVUM SIGILLUM SUUM ad Chartas suas renovandas: & nisi fecerint; NIHIL quod actum fuerat PER SIGILLUM SUUM VETUS, RATUM HABERETUR. Praterea Rex statuit, torniamenta fieri in Anglia, & Chartasua confirmavit, &c. (making them also a money matter.)

By which passages it is apparent: First, that all these Kings Patents, Charters, were sealed with his great Seale. Secondly, that the abuse, losse or absence of the great Seale, is a sufficient cause to make a new one. Thirdly, that the profit made by the great Seale, and project of raising moneys by new Charters sealed with it, was the true originall cause all sealing of Charters and VVrits with his Seale, and making it simply necessary in Law; there being no publique resolution or declaration declaring Charters or Writs not sealed with the great Seale, to be voyd in Law, (for ought I finde) before this project; unlesse that forementioned, touching the Conqueror, passe for a Law, and judgement in this particular. Fourthly, that the Chancellour in this Kings raigne had the custody of the Great Seale; the indiscreet use and abuse whereof, was good ground in Law to deprive him of its custody.

What the Office and dignity of the Chancellour really was in that age, appeares by this description of it, written in or neere that time. Spelmani Glossarium, p. 128. Cancellarii dignitas est, ut SECUNDUS A REGE in Regno habeatur; ut ALTERA PARTE SIGILLI REGII (QUOD ET AD EIUS PERTINET CUSTODIAM) PROPRIA SIGNET MANDATA. Vt capella Regia in illius fit dispositione & cura. Ʋt vacantes Archiepiscopatus, Episcopatus, Abbatias & Baronias cadentes in manum Regis ipse suscipiat & conservet. Ʋt omnibus Regiis assit consilis, etiam non vocatus accedat. Vt omnia SIGILLIFERI CLERICI REGII sua manu signentur, Item, ut (suffragantibus ex Dei gratia vitae meritis) non moriatur nisi Archiepiscopus, vel Episcepus si voluerit. And by the blacke Booke of the Exchequer attributed to Gervasius Talburiensis. par. 1. c. 5. Cancellarius ficut in Curia, sic ad Scaccarium MAGNUS est: adeo ut sine ejus consensu vel consilio, nihil magnum fiat, vel fieri debeat. Verùm hoc habet officium dum residet ad Scaccarium. ADIPSUM PERTINET CUSTODIA SIGILLI REGII, quod est in Thesauro; sed inde non recedit nisi cum praeceptoId est Capitali [...] Justici [...] Angliae. Justiciae; ab inferiori ad superius Scaccarium, à Thesaurario vel Camerario defertur, ad explenda solum negotia scaccarii. Quibus peractis in loculum mittitur; & loculus à Cancellario consignatur, & sic Thesaurario traditur custodiendus, &c. The custody therefore of the great Seale was then reputed an unseparable part of the Chancellors Office and honour.

King Iohn succeeding his brother Richard, by the Nobles and peoples election, rather then by discent, asHist. Angl. p. 189. 190. Matthew Paris, with others observe; had both a great Seale and See Spelman and Then. Chancellors who kept it, with which he sealed divers Charters. Among others one Letters Parents SIGILLO NOSRO MUNITAS to the Archbishop of Canterbury, Monkes, and other Prelates persecuted by him, Matth. Paris Hist. Angl. p. 225, 227, 237, 246, to 254, Matthew [...] Holnished, Speed and others. restoring them to their liberties and possessions, which was dated the 13. day of May in the 14. yeere of his reigne. Another dated. [...] 15. of the same moneth at the house of the Templars neere Dover [Page](Chartam SIGILLO NOSTRO MUNITAM) of his most detestable resignation of the Kingdome and Crowne of England to the Pope, delivered to Pandulph the Popes Legate (to whom he did homage for England and Ireland after this surrender) which Charter first sealed with Wax, and after delivered to Pandulph, was the same yeere, afterwards, in the Cathedrall Church of Saint Paul, before the high Altar, in the presence of the Clergie and people, AURO BULLATA EST, sealed with gold, and delivered to Nicholas Bishop of Tusculan, the Popes Legate, to the use of the Pope and Church of Rome, to whom he then did homage, to his eternall infamy; which so much discontented his Nobles, Prelates and people, that they tooke up Armes against him, and inforced him in an Assembly and Treaty at Running-mead, to grant them the great Charter of their Liberties, and Charter of the Forest, ratified with his SEALE, Oath, Witnesses, Subscriptions, the Bishops Excommunications, and Popes Bull; and then sent his Letters Patents to all the Counties of England, commanding the Sheriffs to sweare all the men within their Bailywicks, to observe the said Lawes and Liberties, thus granted and ratified, in the 17. yeere of his reigne. In briefe, the Charter of the truce betweene King Iohn and King Philip of France, registred inAnnal. p. 814, 815. Hoveden was sealed with his Seale, concluding thus. Qua ut perpetuum robur obtineant, prae sentem Chartam authoritate SIGILLI NOSTRI corrobora [...], Anno 1200. mense Maii.

In this Kings raigne the Chancellors place (through the benefit of the Seale) became so gainefull;In dor [...] Rotfinium huj [...] Anni; & Spelmanni Glossarium, p. 131, 132. Th [...]s Catalogue of Chancellors. that Walter de Gray (afterward Archbishop of York) profered the King 5000 Markes, pro habenda CANCELLARIA (which was then no Court, but the Office of making and sealing royall Writs and Charters) Domini Regis tota vita sua, & pro habenda inde Charta Dom. Regis; which great place he then obtained, or rather, purchased by his money, not merits.

King Henry the third, comming to the Crown (by the Lords and Commons Fox Acts & Monuments edit. ult. vol. 1. p. 1334. Speed, p. 591. election, rather then by discent) when he was but nine yeeres and some odde moneths old, in the ninth yeere of his raigne, ratifiedMatth. Paris Hist. p. 311. Speed p. 599. See Polychronicon, Fabian, Holinshed, Magna Charta it selfe. Magna Charta, and the Charter of the Forest in Parliament, under His hand and Seale, with Witnesses thereunto subscribed; and commanding as many Charters to be engrossed as there were Counties in England, ET REGIO SIGILLO MUNITIS, and ratified WITH THE ROYALL SEALE, he sent one of the great Charters into every Shire, and one Charter of the Forest into every County where there were Forests, to be there reserved. But this unconstant King comming to age, within two yeeres after,Matth. Paris p. 324, 325. Daniel, p. 151. 152. Holinshed, Speed, Grafton. in a Parliament at Oxford (a fatall place for ill advice to our Kings) through ill Councell, to the great discontent of his Nobles and Commons, annulled the Charter of the Forest, declaring it voyd, as granted in his non-age, when he had no power of Himselfe, NOR OF HIS SEALE, and so of no validity; and causing Proclamation to be made, that hath the Clergie and all others, if they would enjoy those Liberties should renew their Charters AND HAVE THEM CONFIRMED UNDER HIS NEW SEALE (which he had then caused to be made, onely by way of project to raise moneys, as Richard the first had done;) For which they were constrained to pay, not according to their ability, but the will of the chiefe Iustice, Hugh de Burgh, to whom was laid the charge of this mischiefe: which procured him the generall hate of the Kingdome; and begat a new insurrection of the Lords and Commons, who taking up Armes hereupon, enforced the King to call a Parliament, and therein to new ratifie those Charters at his full age. In this [Page] Kings reigne all Patents, if not Writs and Commissions too, usually issued under the Great or Lesser Seale, of which there are divers presidents extant in Matthew Paris, and in the clause and Patent rolls of this King, to which I shall referre you. And such notice was then taken of the dignity and necessity of the Kings Seale to Charters and Writs, that Henry de Bracton, a famous Lawyer in those daies, writes expresly, That it was no lesse then Treason to counterfeit the Kings Scale. Bracton. l. 2. De [...] lesae Majestatis, see Stamfords Pleas f. 2. Est & aliud genus criminis lesae Majestatis, quod inter graviora numeratur, quia ultimum inducit supplicium & mortis occasionem; scil: crimen falsi, quod in quadam sui specie, tangit coronam Domini Regis. Ʋt si quis accusatus fucrit vel convictus FALSIFICATIONIS SIGILLI DOMINI REGIS, CONSIGNANDO INDE CHARTAS VEL BREVIA (Writs then were sealed with the Kings Seale as well as Patents) & apponendo signa adulterina; quo casu, si inveniatur inde culpabilis vel seisitus, si Warrantum non habuerit, pro voluntate Regis judicium sustinebit. How the Lord Chancellors were elected, and the Great Seale disposed of by Parliament in this Kings reigne, I haveSee the second part of the Soveraigne power of Parliaments p. 48. to 93. elsewhere related, and shall touch againe anon.

King Edward the first comming to the Crowne, and proclaimed King during his absence in the holy Land, hisMatth West. & Daniel. in 1. Ed. 1. ‘Lords and States without his privity, made both a new great Seale and Chancellor to keepe it;(c) Confirmatio [...]. 25 E. 1. & Cookes Institutes on it Walsingham hist. Ang. p. 35. to 48. with which in the 25 yeere of his reigne he confirmed the great Charter, and Charter of the Forrest, in Parliament.’ And in another Parliament, in the 28 yeere of his reigne, it was enacted: ‘That the great Charter of the liberties of England▪ and Charter of the Forrest shall be delivered to every Sheriffe of England UNDER THE KINGS GREAT SEALE,(d) Articuli super Chartas ch. 2. See Cookes Institutes on these Acts. to be read foure severall times in the yeere before the people, in the full County. And for these two Charters to be firmely observed in every point and Article (wherein no remedy was before at the Common law) there shall be CHOSEN in every Shire Court, BY THEThe people then had power to elect these their Judges and Justices even by Act of Parliament. COMMINALTY OF THE SAID SHIRE, three substantiall Knights, or other lawfull, wise, and well disposed persons to be Justices; which shall be assigned BY THE KINGS LETTERS PATENTS UNDER THE GREAT SEALE, to heare and determine (without any other Writ but onely their Commission) such plaints as shall be made against all those as commit or offend against any point contained in the foresaid Articles, in the Shires where they be assigned, as well within Franchises as without, &c. Also,Chap. 2. That all the Kings Takers, Purveyors, or Ratours, FROM HENCEFORTH shall have their warrant with them UNDER THE KINGS GREAT OR PETY SEALE, declaring their authority and the things whereof they have power to make price or purveyance, the which Warrants they shall shew to them whose goods they take, before that they take any thing. And Chap. 6 There shall NO WRIT FROM HENCE-FORTH that toucheth the Common law, goe forth UNDER ANY OF THE PETY SEALES.’

These are the first Statute lawes extant, prescribing, that the Kings Charters, Patents. Commissions, Warrants, Writs, should issue forth under the Great or Pety Seales though they did so usually before his reigne, rather through custome, which crept in by little and little by degrees, from Edward the Confessours daies, unto this very Parliament, as the premises evidence, till it got the reputation of a received common Law and usage, and at last was thus established, as simply necessary, by these present Acts; which se [...]led the law in point of necessity of sealing all Writs, [Page]Charters, Patents, with the Great Seale, and added such Majesty to the Seale it selfe, that Britton, an eminent Judge and Lawyer flourishing in this Kings reigne, (writing his booke, as in this Kings name) reso ves expresly, c. 3. f. 10. &c. 8. f. 16. that the See 3 Ed. 1. cap. 15. counterfeiting of the KINGS SEALE IS HIGH TREASON; and that the Justices ought to enquire concerning the falsifiers of THE SEALE: Not only whether any have actually connterfeited it? but also, whether any have hanged ANY SEAL by an Engyn to any Charters without license; or having stollen or taken away ANY SEALE, or otherwise finding it, HAVE SEALED WRITS without other authority. And Chap. 48. Exceptions aur Brefe. f. 122. He writes, It is a good exception to abato a Writ s [...]ule Brete ne fuit unques enseale de nostre Seale; ou si le Ordinance et le Seal de nostre Chauncery us s [...]it point contenu. And Andrew Horne, another great Lawyer, living in, or neere this time; in his My [...]rour of Justices, cap. 3. sect. 6. p. 191. Among Exceptions to the power of the Iudge, enumerates this for one: IF THE COMMISSION BE NOT SEALED WITH THE KINGS GREAT SEALE OF THE CHANCERY: Car al Privy Seale le Roy, ou al Sealed' l' Eschequer, ou Autre Seale, forsque Solement al Seals que est assigne dée conud' le Cominalty del peopls, & nosmement en Iurisdiction, & Bres Originals, ne estoit a nul obeyer des letes & usages [...]el Royalme, st non solement pur le Roy. Du elle puira ée viciouse Pur le Seale counterfoit, ou anterment fausse: This falsifying of the Kings Seale to Writs, cap. 1 sect. 6. De Fansonners, pag. 28, 29. he makes a crime next to high Treason; which forging, he saith, may be indivers manners: As where a Writ is SEALED whereof the grosse and matter, or the forme is not avowable by the King, nor by the Law, nor by the rights and customes of the Realme. If a man seale after that the Chancellor, or other Keeper knoweth that he hath lost his Warrant, by death, or any other manner. When a Writ or Letter passeth the Seal against the Kings defence. When men seale with counterfeit Seales, or seale by ill art, or Warrants not avowable; and so it is falshood in those who seale and have no authority. And Chap. 4. Sect. 2. p. 233. ThusTo wit, in 1 Edw. 1. or when the great Seal was first introduced in Edward the Confessors dayes. OUR ANCIENTS ORDAINED A SEALE, AND A CHANCELLOUR FOR TO KEEPE IT, and to give remeliable WRITS to all persons without delay. Then describing what manner of Writs must issue, he concludes thus, And now may Justices, Sheriffs, and their Clarks withdraw, rase, amend, and impaire them, without discerning or paine, for the Writs that are made close, to the abuse of right. Wherefore THE SEALE ONELY is the jurisdiction assignable to all Plaintiffs without difficulty. And to doe this, the Chancellour is chargeable by Oath in allegiance of the charge of the King, that he shall Magna Chart. cap. 29. neither deny, nor delay to render right or a Writ remediable to any one.

Thus have I given you a briefe Historicall and Legall Narration of the Originall, Growth, Progresse, Ʋse, and Necessity of the Great Seale of England, and of the manner of making, subscribing, and sealing Charters, Patents, Writs, with other Instruments in our Realme, from King Aethelberts first Charter, Anno 605. till the end of King Edward the first his reigne, when Seales andSee 9 Edw. 1. the correction of the twelfth Chap. of the Statute of Glocester: 20 Edw. 1. De Non ponen [...]o in Assissts. 34 Ed. 1. cap. 6. sealing grew more common, and our ordinary Law-books (which recite few or none of the premises) begin to make mention of Seales and sealing; of whose autiquity, kinds, and present use in point of Law, if any desire further satisfaction, let them consult with Polydor Ʋirgil, De inventoribus Rerum, lib. 8. cap. 2. Henrici Spelmani Glossarium title, Bulla, Rastals Exposition of the Termes of the Law, title: Faits, Sir Edward Corkes Institutes [Page] on Magna Charta, pag. 554, 555, 556. his 11 Report. f. 92. and Ashes Tables, title: Seales; it being not my intention to trouble the Reader here with triviall common things concerning Seales or sealing, but onely with such Antiquities and rarities as are not commonly knowne, nor mentioned in our Law Books.

The Kings and Parliaments severall and joint Interests in, and power over the new-making, keeping, ordering of the GREAT SEALE of ENGLAND.

HAving thus traced out the originall, progresse, use, and necessity of the GREAT SEALE, through the obscure paths of abstruce Antiquity, with as much Verity, Perspicuity, Brevity as possible; I shall in the next place summarily examine, What severall or joint interests the King, Kingdome and Parliament have in; what power or jurisdiction over the Great Seale of England, both in respect of the newmaking, keeping, or using thereof?

For the better assoyling of which grand Question, now in publike agitation, I shall premise these three Propositions and Distinctions, which will much conduce to the clearing and resolution of this doubt.

1 First, that our Kings Great and Petty Seals when originally invented, and whiles the use of them was onely private, or meerely arbitrary, not simply necessary in point of Law, in the administration of Justice, or transactions of the publike affairs of the Realme, were proper and peculiar to themselves alone, and in their owne disposing power onely, as every private mans Seale now is, they using them onely as private, not as publike persons, in their naturall, not politicke capacities: But after that these Seals, by use and custome, became simply necessary for the publike execution of Justice and affaires of the Realme, and our Kings made use of them in their politique capacities, as Heads or supreame Governours of the body of the Realme, and publike Ministers thereof; the whole Kingdom and Parliament by this occasion, and upon this reason, came to gaine a publike interest in and jurisdiction over these Seals as well as our Kings: (even as in all other inferiour Corrations, the Commonalty as well as the Majors, in Cities and Boroughs; the Chapters, as well as the Bishops or Deanes; the Covents, as well as the Abbots or Priors; the Wardens, Assistants and whole company, as well as the Masters; the Fellowes of Colledges, as well as the Presidents, have a publike interest in, and power over their severall Corporation-Seals, made onely for their common good and affairs;) as I shall manifest in the sequell. And in this respect, the great Seale came to be commonly called,Our ancientest S [...]atutes call it indefinitely The great Seale; as 2 Ed 3. Stat. 3. c. 8. with others. THE GREAT SEALE OF ENGLAND; in our Acts, as in 14. and 15. Hen, 8. c. 4. 34 and 35 Hen, 8. c. 26. 1 Ed. 6. c. 44. 3 and 4 Ed. 6 c. 12. [Page] 2 and 3 Phil. and Mar. cap. 20. 1 Eliz. cap. 1. 5 Eliz. cap. 1. 8 Eliz. cap. 1. 13 Eliz cap. 6, 7, 9. 18 Eliz. cap. 2. 23 Eliz. cap. 14. 39 Eliz. cap. 6 43 Eliz. cap. 4. 5 Eliz. cap. 18. An Act declaring the authority of the Lord Keeper OF THE GREAT SEALE OF ENGLAND (frequently thus stiled in this Act) and the Lord Chancellour to be one: 1 Jac. c. 28. 1 Car. c. 2. 16 Car. c. 1. with sundry other Acts, to omit Law-Bookes and Historier. And being thus become the great Seale of England, (the Parliament the representative body of the whole Realme of England) must necessarily have an interest in, and jurisdiction over it in all publike respects, even so farre as to new make it when there is need, and to dispose it for necessary affairs of Parliament and the Realme, when the old Seale (the proper Seale of the Parliament) is purposely substracted, yea, denied them for necessary publike uses.

Secondly, that after the great Seale became common and necessary to most publike 2 affairs, in which regard the whole Kingdome and Parliament came to have a right in, and power over it; so in other respects the King still retained a peculiar interest and prerogative in it, in all arbitrary matters of royall grace and favour, to which he is no ways obliged in point of Law; in which respect it is called, The Kings Great Seale, As first, in cases of generall or particular Charters of pardon. Secondly, of Indenization or Enfranchisment. Thirdly, of erecting new Corporations, or confirming old. Fourthly, of dispensing with some kinde of Lawes, Penalties, and Forfeitures. Fifthly, of conferring some kinde of lesse publike Offices, and Annuities for services performed or to be executed. Sixthly, of granting new Liberties or Franchises of grace to Corporations or private Subjects. Seventhly, of creating or conferring new honours on deserving men. Eighthly, of Licences for mort-maines, impropriations, alienations, consecrations of new Churches or Chappels, &c. Ninthly, of publike collections for persons or townes distressed through fire, shipwrack, or other casualties. Tenthly, of private negotiations with forraign Princes, States, or Subjects, and some kinde of Protections, Commissions of grace rather then right or justice. In all these, and such like particulars of meere grace, or lesse publike concernment, the Kingdome and Parliament neither properly have, nor pretend to have any publike right or jurisdiction over the great or petty Seals, but leave them absolutely free to the King as if they were his owne private seales alone, so far forth as his Charters, Pardons, Grants, Licenses, Dispensations, Protections, Commissions of this kinde are consonant to the Lawes and Statutes of the Realme, and not repugnant to them.

Thirdly, the Parliament and whole Kingdom, as to all publike affairs of state and 3 the administration of Justice to all the subjects, hath committed the making lawfull use, power and disposall of the great Seal of England in trust to the King, as to the supreame Magistrate and Justitiar: over which they never claime a constituting or disposing jurisdiction, whiles it is rightly managed according to Law. But if this Seale be either wilfully abused or substracted contrary to Law, or trust, to the prejudice of the Kingdome, the obstruction of publike Justice, or violation of the priviledges of Parliament, and not redressed after severall complaints and Petitions of the Houses to the King for reformation of this grievance; Whether the whole Kingdome, or Parliament in such a case as this, who have authority to remedy the grievances, the abuses, or wilfull absence of the great Seale, have not likewise a lawfull soveraigne power to make a new great Seale, and appoint a Keeper of it, for supplying the absence, regulating the abuses of the old, removing obstructions of publike [Page] Justice, filling up the Commons House by issuing Writs to elect Knights and Burgesses in the places of such as are dead or justly expelled (now denied;) sealing of Writs of Errour in Parliament and other such publike Parliamentary affairs necessarily requiring the presence of the great Seale (the proper Seale of the high Court of Parliament, which hath no other Seale but it) and Lord Chancellour (the ordinary Speaker of the Lords House, by vertue of his very Office in all ages,) and so his and the great Seales presence absolutely necessary, unlesse dispensed with by the House upon inevitable occasions of absence; is the sole question now in debate? And under correction, in this case, and for these publike ends alone, I humbly conceive, the Parliament both lawfully may cause a new Great Seale of England to be engraven, constitute a Chan [...]ellour to keepe it, and seale Writs for new Elections, Writs of Errour in Parliament, with other necessary Writs and Commissions with it, for the publike administration, expedition of Justice, the better transaction of all Parliamentary State affaires now obstructed, to which the great Seale is requisite.

This I shall endeavour to make good by Presidents, by reasons of Law and State-policy; beginning with the new making, and then proceeding to the keeping and ordering of the Seale, during the present differences and necessity.

1 First, there are two memorable Presidents in our Histories and Records, of making a new great Seale by the Lords and Commons in Parliament, without the Kings actuall assent, which will over-rule our present case: I shall begin with the ancientest of them;Matth. West. An. 1272. pag 352. Hornes Myr. p. 233. Here. p. 15. Daniels Hist. pag. 185. See Walsing. Hist. Aug. p. 1, 2. Speeds Hist. p. 646. Walsing. Ypod. Neustr. p. 67. King Henry the third departing this life, whiles his sonne Prince Edward, was militating in the Holy Land against Christs enemies; hereupon the Nobles and States assembled at the new Temple in London, the day after the Kings funerall, proclaimed Prince Edward his sonne King, ordained him successor of his Fathers honours, though they knew not whether he were living; ET FACTO SIGILLO NOVO, writes Matthew Westminster. And CAUSING A NEW SEALE TO BE MADE (so Daniel) they appointed faithfull Ministers and KEEPERS for the faithfull custody both of the Seal, Kings Treasure and Kingdoms peace. Loe here a new great Seale made by the Lords and States in the Kings absence, without his privity, for the necessary execution of justice, either in an assembly out of Parliament (as some suppose this meeting was;) or at least wise in a Parliament, assembled, held, yea ordaining a new great Seale, new Officers of King and State, without the Kings presence or privity, and then it is our present case in effect: For if this Assembly of the States, even out of, or in Parliament, in this case of necessity, during the Kings inevitable absence, might lawfully make both a new great Seale, Chancellour, Treasurer, Judges, Justices of peace, and other Officers of King and State (as they did, and conceived they might justly doe, none then or since disavowing or censuring this Act of theirs, for ought I reade, but all approving, applauding it as legall,) then certainly this Parliament assembled and ratified by the King himselfe, being the greatest soveraigne power, and having farre more Jurisdiction then any Councell or Assembly of Lords out of Parliament, may much more justly and loyally cause a new great Seale to be engraven, and appoint a Keeper of it, during the wilfull absence both of the King, Keeper, and old great Seale from Parliament (contrary to all Law and former Presidents) for the better expedition of Justice, and transaction of the affairs of the Parliament, being the Parliaments proper Seale, and anciently appointed by it, as Hornes Pag. 15. preceding words import.

[Page] The second president is, that of King Henry the 6, his reigne, who being but anHall. Store-Speed, Holinshed, Grafton, infant of 9. moneths age when the Crown descended to him: there 1 H. 6. p. Rot Parl, 1. H 6. Num. 1. &c The second Part of the Soveraign power of Parliaments and Kingdoms (where I have transcribed these Records at la [...]ge) p. 65 to 70. issued forth a Commission in this Babes name, to Humfry Duke of Gloucester, his Uncle, then Protector, to summon and hold a Parliament in his name; which being assembled, Num. 14. The Bishop of Durham Lord Chaeuncellor to Henry the 5th. resigned up the old Seale of England to King Henry the 6. in the presence of divars credible witnesses, and the Bishop of London, Chancellor of the Dutchy of Normandy. resigned up also the seale of that Dukedom to him, After which Num. 15. It was enacted and provided by the Lord Protector Lords and Commons in that Parliament; That for as much as the inheritance of the Kingdomes and Crownes of France, England, and Ireland were now lawfully descended to the King which Title was not expressed in the Kings SEALES, whereby great peril might accrue to the King, if the said Inscriptions were not reformed according to his Title of inheritance; that therefore IN ALL THE KINGS SEALS, as wel in ENGLAND, as in IRELAND, GVYEN, and WALES, this New Stile should be engraven: Henricus Dei Gratia, Rex Franciae, et Augliae, et Dominus Hibemiae, according to the effect of his Inheritances; blotting out whatsoever was formerly in them superfluous, or contrary to the said stile. And that COMMAND should be given to All the Keepers of the said Seales of the King, to REFORME them WITHOVT DELAY, according to the FORME AND EFFECT OF THE NEW SEALE aforesaid, Num. 16. The Lords and Commons in this Parliament constitute and ordaine a new LORD CHANCELOVR OF ENGLAND, Lord Treasurer, and KEEPER OF THE PRIVY SEALE; granting them saverall Letters Patents of these Offices in Parliament in the Kings name. And Num: 17. The Liberties, Annuities, and Offices granted by King Henry the 5. and his Ancestors to Souldiers in foreigne parts, were confirmed in Parliament, and their Parents ordered TO BE SEALED WITH THE KINGS NEW SEALES, with our paying any Fee.

Here we have not onely the Great, but Privy Seal, yea all the Kings Seales in England, Ireland, France, Wales, Resigned, Altered, Ordered to be new made, and the Chancellours and Keepers of them expresly Created by the Lords and Commons in Parliament, without any Personal actual consent of the King, (then an Infant) for the necessary administration of Iustice, and great Affaires of the Realme; No man ever questioning, much lesse censuring this Act of theirs, as illegall, or treasonable, within the Statute of 25. E. 3. of counterfeiting the Kings Seale; but all approoving it as just and necessary. Therefore, doubtlesse the present Parliament may doe the like in this unparallel'd case both of the Kings, L. Keepers, the great and privy Seales wilfull absence and substraction from the Parliament, of purpose to obstruct all proceedings in Parliament, and the course of common Iustice.

These two famous Presidents are not singular, but backed with the Authority of Iudge Horne, fore-cited, p. 15. and many other of like nature, and reason, even in printed Statutes.

The Statute of Acton Burnel made in the 13. yeare of King Edward the first, for the more speedy recovery of the Merchants Debts, gives the Mayors of London, Yorke, and Bristall authority to take Recognisances of Debts before them to be made by the Clerke appointed for that purpose: whereunto the SEALE of the Debtor shall be put, [Page]with THE KINGS SEALE, THAT SHALL BE PROVIDED FOR THAT PVRPOSE; the which SEALE SHALL REMAINE IN THE KEEPING OF THE MAIOR and CLERKE A FORE-SAID. And THE KINGS SEALE shall be put unto the sale and delivery of the goods devisable for a perpetuall witnesse. Wee have here a New Seal of the Kings, with speciall keepers of it, appointed for Recognisances, and the uses thereof limited, by a speciall Act of Parliament: confirmed in another Parliament, touching Statute Merchants, made the same yeare; 13. E. 1. which further enacts, That ANOTHER SEALE SHALL BE PROVIDED, that shall serve for Faires, And that the same shall bee sent unto every Faire, under THE KINGS SEALE, by a Clerke sworne, or by the Keeper of the Faire. And of the Commonalty of London two Merchants shall be chosen, than shall sweare, and THE SEALE shall be opened before them, and one peece shall be delivered unto the foresaid Merchants, and the other shall remaine with the Clerk: 13. H. 8. c. 6. 2. & 3. E. 6. c. 31. second those Acts. 27. E. 3. Parl. 2. c. 1. 9. enact. That the Mayor of the Staples shall have power to take Recognizances of debts, which a man will make before him, in the presence of the Constables of the Staple, or one of them. And that in every of the said Staples BE A SEALE ORDAINED, remaining in the CVSTODY OF THE SAID MAIOR of the Staple, UNDER THE SEALES of the same Constables: which is againe enacted. 15. R. 2. ch. 9. &. 8. H. 6. c. 18.

The Acts of 12. R. 2. c. 3. &. 7. ordaine, That A SEALE OF THE KINGS shall be made, assigned, and delivered to THE KEEPING of some good man of the Hundred, Rape, or Wapentake, City, or Burrough, after the discretion of the Iustices of Peace, to be kept to this intent, to make Letters Patents to Servants, Labourers, Vagabonds, Pilgrimes, who shall have occasion to depart out of the Hundred, Rape, or Wapentake where they lived, to serve or dwell else where, &c. And that ABOVT THE same SEALE shall bee written, the name of the County, and OVERTHWART THE SAID SEALE, the name of the Hundred, Rape, or Wapentake, City, or Burrough. And 14. R, 2. 11. enacts That SEALES BE MADE FOR THE SERVANTS, and DELIVERED UNTO THE KEEPING OF SOME GOOD MEN OF THE COVNTY, after the purport of the said Statutes: Here the Kings new Seale, forme of it, and keepers too, are ordered by Parliament.

The Statutes of 27. E. 3. c. 4. 3. R. 2. c. 2. 15. R. 2. c. 10. 17. R. 2. c, 2 prescribe A NEW SEALE to the Kings Aulnegeors and Collectons of Subsidies, wherewith all cloathes shall be sealed before they be sold, under paine of forfeiture, 1. H. 4. c. 19. & 9. H. 4. c. 2. It was enacted; That certaine Cloathes should not bee SEALED by them for three yeares, 4. H. 4 c. 6. enacts, That one sufficient man should be assigned by our Soveraigne Lord the King, to SEALE the Clothes that shall be wrought and ful [...]ed in London, and the Suburbs of the same, WITH A SEAL OF LEAD, as of old time was used in the said [...] and Suburbs, 11. H. 4. c. 6. ordaines, That A NEW SEAL, HAVING A SIGNE and MARKE DIFFERING FROM THE OLD SEALE of the Office of the [Page] Kings Aulnegeor, SHALL BE MADE and DELIVERED TO THE AVLNEGEORS. And that after the same so NEWLY MADE and delivered, Proclamation shall be made in the West, and in other places through the Realme, that no Cloathes shall be sold (of such sorts mentioned in the Act) before the Aulnegeor hath searched and measured them, and set THE NEW SEALE OF HIS OFFICE TO THEM, which is confirmed by 13. H. 4. c. 4. This Seale by 11. H. 6. c. 9. is stiled, THE KINGS SEALE thereunto ordained, and prescribed to be put to Cloathes, So 18. H. 6. c. 16. a line, is prescribed to bee sealed for the measuring of cloath, 8. E. 4. c. 1. enacts, That broad Cloathes shall bee SEALED by the Kings Aulneger, or sealed with the SEALES of the Subsidy and Aulneger therefore ordained, AND IN WAX. And 4. E. 4. c. 1 That for Kersies and short Cloathes A SEALE OF LEAD SHALL BEE ORDAINED, and by the Treasurer of England for the time being, provided, and hanged at the lower part of the edge of the said cloath: And that the Treasurer of England for the time being, shall have power and authority to make SUCH, and so many KEEPERS OF THE SAID SEALES as he shall thinke necessary; so that no stranger born be made any of the said Keepers, 17 E. 4. c. 1. 1. R. 3. c. 8. and other Statutes enact the like, 25. H. 8. c. 8. 27. H. 8. c. 3. & 4. E. 6. c. 2. 5. E. 6. & 6. 2. &. 3. Phil. and Mary. 12. 4. & 5. Phil. and Mary, c. 5. 8. Eliz. c. 12. 23. Eliz. c. 9. with other Acts, prescribe divers sorts of SEALES of LEAD, to seale cloathes withall, conteyning the length, or length and breadth of the said Cloathes; some of the seales for ill cloathes, to have FAULTIE engraven in them; others, that are dyed and madered, the letter M. and the like; some to be kept and affixed by the Aulnegers, others by the Searchers appointed in every County, Towne, or Burrough; Such variety of Seales, and Keepers of them have these severall Parliaments prescribed onely for cloath, which yet they stile THE KINGS SEALES; though neither made, kept, disposed of, nor the forme prescribed by him, but the Parliament. See the like for Leather, 5. Eliz. c. 8.

The Statute of 11. H. 6. c. 6. makes mention, of SEALES assigned to the Customers Office, and punisheth the abuses of them, set to blanke scrowls, with forfeiture of goods, as in case of Felony.

12. Ed. 4. c. 3. The statute of Tunnage and Poundage for guarding the Seas; enacts, cloath of Gold, Silver, Baudkin, Velvet, Damaske, Satyn, Chamlets, Silkes, &c. brought from beyond the Sea shall be sealed in one end thereof before it bee sold, with THE SEALE or marke ESPECIALLY TO BE ORDAINED FOR THE SAME, whereof the Collectors of that Subsidy shall have the one part, and the Comptroller the other part, severally in their custody: which is confirmed by 4. H. 8. c. 6. & 21. H. 8. c. 21.

14. & 15. H. 8. c. 3. appointes a severall Warden of the Worsted-makers in the Townes of Yarmouth, and Lynne, to be annually chosen, and serve to surveigh and search the Worsteds there made; and that the Warden of Yarmouth so elect and sworne; shall ordaine and appoint A SEALE with the letter Y: and the Warden of Lynne A SEAL with the letter L, to be engraven in the same SEAL: and to seal in Lead with the SAME SEALES so to be appointed and engraven, and none other, all Worsteds and Flannins within these Townes and their Suburbs: 14. & 15. H. 8. c. 5. [Page] ordaines a speciall common Seale for the Corporation and Colledge of Physicians in London.

27. H. 8. c. 27. Which establisheth the Court of Augmentations, and prescribes the severall Officers in it, with the Oathes they shall take; enacts likewise, That this Court shal have ONE GREAT SEALE, & ONE PRIVY SEALE, to be ingraven and made after such forme, fashion, and manner as shall be appointed by the Kings Highnesse; that the Chancellour of this Court shall have THE KEEPING OF THESE SEALES, which shall REMAINE and BE ORDERED as in that act is at large declared. The statute of 33. H. 8. c. 39. which erects the Court of Surveighers, prescribes a particular SEALE for that Court, the person by whom it shall be kept, and how it shall bee used, together with all the Officers of that Court, their Oathes and Fees. So 34. H. 8. c. 26. enacts; that there shall be severall Originall and judiciall SEALES MADE for the severall Counties and Circuits of Wales; prescribes the severall parties that shall keepe these seales, what Writts and Processes they shall seale with them, and what fees they shall take for them; as you may read at large in the Act. In like manner the statutes of 32. H. 8. c. 45. & 33. H. 8. c. 22. enact the Court of Wards & Liveries, to be a Court of Record; and that they shall have ONE SEALE to be engravin and made after such form, fashion, and manner as shall be appointed by the Kings Highnesse, which shal remaine and be ordered as is afterward declared in those Acts; prescibing who shall keepe it, how it shall be used, and what Fees shall be paid for it: And 32. H. 8. c. 45. ordaines a particular SEAL for the Court of first Fruites and Tenthes, which it erects, with the Officers that shall keepe it, their Oathes, and Fees for sealing with it. True it is, these Statutes leave the forme and fashion of these Seales last mentioned to the Kings appointment (which they might have likewise prescribed, as in the former Acts) being is matter of no great moment; but the Keepers, use, ordering, and fees of all these Seales, are punctually limited by the Parliament, and not left arbitrary to the King.

And to trouble you with no more Acts of this nature, the statute of 1. E. 6. c. 2 enacts, That all Arch-Bishops, and spirituall persons, under the paine of a Premunire, even in the Kings Ecclesiasticall Courts, shall make out all their Processes in the Kings name, with the Kings stile, as it is in Writs originall and judiciall at the Common Law, and shall from the first day of I [...]ly, have IN THEIR SEALES OF OFFICE, THE KINGS HIGHNESSE ARMES DECENTLY SET, with certaine Carects under the Annes, for the knowledge of the Diocesse, and shall use NO OTHER SEALE OF JURISDICTION, but wherein his Majesties Armes be engraven, Here the expresse forme as well as use of these seales is prescribed by the Parliament, and not left Arbitrary to the King or Bishops.

If then our Parliaments in all these cases have thus prescribed New Seales of the Kings for his Courts and Officers, together with the forme, custody, use, and fees of them in these severall Acts; why they may not likewise enjoy the making of a New broad Seal to supply the absence of the old, in the cases fore-mentioned, I cannot yet discover, it being the Parliaments Seal, and GREAT SEAL OF-ENGLAND, and so commonly stiled in sundry printed statutes, as well as the Kings, in respect of the [Page] publike justice and affaires of the Realme of England, and Parliament which represents it; If the Major, Bayliffes, Bishop, Dean, President of a Colledge, Mr. of a Company, Abbot or Prior, or chief Justice shall detaine or withdraw the common Seales of their severall Corporations or Courts; the Common Counsell, Aldermen, Chapter, Fellowes, Livery-men and Courts, may doubtlesse lawfully make new Seales without, yea against their consents, and use them too for their common affaires, without injury or forgery: And why the Parliament then may not in such cases, make a new great Seale of England, by like reason without the Kings consent, when the old (their onely Seal) is purposely withdrawne, and kept from them to hinder their proceedings, I cannot yet discerne.

If any here object;Object. 1. First, that it is High Treason both by the Common and Statute Law, to counterfeit or make the Kings great Seale without his privity or consent, as is evident by Glanuil, Bracton, Britton, here forecited. 3 E. 1. c. 15. 25. E. 3. Stat. 5. C. 2. of Treasons. 5. H. 4. C. 15. 27. H. 8. C. 2. 1. E. 6. C. 12. 1. Mar. Parl. 1. C. 6. Stamford, L. 1. C. 1. Brooke, Treason. 3. 13. 17. Cromptons Iurisdiction of Courts. 69. and generally all our Law-bookes. Therefore for the Parliament, or any else by their command, to make and use a new broad Seale.

I answer:Answ. 1 That this is true onely of private men who make a broad Seale by their owne particular Authority, in deceite of the King and Kingdome, not of the Parliament, or any imployed to make or use it by their Authority; The Parliament the Supreamest Power of all others, being uncapable of Treason, and out of the words and intention of the seand all Acts concerning Treason, as I have Soveraigne power of Parliaments part. 1 p. 107. to 112. part. 2. p. 25. 26. elsewhere proved at large; to which I shall referre you. Secondly, the King hath his great Seale of England, not in his owne particular, but the Kingdomes and peoples right alone, as their publique Minister and servant, for their use and benefit, the Kingdome, and Parliament which represents it, being the Ibid. part. 2. p. 3. to 20. Appendix p. 163. to 271. Proprietors of this Seal, which upon the Kings decease is ever surrendred to the successor King, as belonging to the Kingdome, as the seales of other Corporations goe to the Mayors, Bishops, Deanes, Abbots, Presidents, Succesors, not their Heires, Executors, or Administrators, as other mens Seals doe. The Kingdom and Parliament therefore being the true Proprietors of it, as it is the publique Seal of the Kingdome, not the King, may lawfully give order for the new making of it, even without the King, in case of necessity, when it is unduly withdrawn, with-held, Thirdly, the Forging of the great Seale is high Treason onely, as it is the Ibid. part. 3. p. 7. 8. part. 2. p. 25. 26. Kingdomes common Seale, not the Kings private and particular Seale; and an offence against the Kingdome, and King himselfe only in his politick publike capacity, as head of the Kingdome, not in his private: whence counterseiting of the Kings signe manual, privy signet, or privy Seales were no high Treason at Common Law, (being no publike, but rather private Seales of the Kings) till they were made so by 27. H. 8. c. 2. since repealed by. 1. E. 6. c. 12. 1. Mariae Sest. 1. c. 1. Rastall Treason, 13. and so no Treason at this day: even as the compassing of the Kings death is no Treason, considered onely as he is a private man, but as a Ibid. part. 3. p. 7. 8. publike person, invested with his politick Royall capacity. If then the Parliament (the representative body of the Kingdome, against which all treason in counterfeiting the Great Seal are principally committed, & the true proprietory of this seale) shall order a New great Seale to be made, or used, for the service of it selfe and the Kingdome in this case of necessity, it cannot possibly be high Treason in them [Page] or their Agents, for then they should be Traytors to and against themselues, and suffer for an Offence against themselves and the Realme, done by their owne Votes, and assents in Parliament. Fourthly, the counterfeiting of the Great Seale, mentioned in those Law bookes and Statutes, is that onely which is secret, fraudulent, traitorly in deceit of the King, Kingdome, Subjects (f) like to counterfeiting of false many, (ever joyned with it) by private persons, as our Law Bookes, and all cases of this nature adjudged High Treason, attest; whence it is stiled, Crimen falsi: falsificatio sigilli, &c. by (f) Bracton and others, and such like offenders, Fanscors des sealx: and the Inditements must be, that they did it PRODITORIE: neither of which can be intended of,(g) Grimstons History of the Netherlands P. 556. to 667 See the Appendix 184. 185 or applyed to the new making of a great Seale by authority of Parliament, for the necessary administration of Iustice and benefit of the Realme, when the great Seale is substracted, as now. Fiftly, the Lords and Parliaments making a new great Seale in the absence of Edward the 1: and infancy of Henry the 6 without their privity or consent, to supply the defects of justice, which else would have ensued, was never reputed Treason, but a lawfull Act: Therefore the present making of a new Seale, to remedy the willfull absence of the old, without the Kings consent, (who withholds it and the Keeper from the ParliamentMagn. Charta c. 29, against all Law and former Presidents) can be no Treason but a lawfull Act. And since the Parliaments of England in the absence, infancy and dotage of their Kings, have usually of right made Lord Protectors, and Chancelours, who had power over the great Seale (as I haueSoveraigne power of Parliament part 2 p. 4 [...] to 87. elsewhere largely proved) they may be the selfesame reason, make a new great Seale likewise, to supply the willfull absence of the old. Finally, all the objected Statutes and Law bookes adjudged it high Treason, to counterfeit the Kings mony as well as his Seale, and joyne them both together in one clause But the Parliament hath a long time coyned money at the Tower, and made new stamps to doe it, when the old were broken or worne out, without any charge or taxe of Treason: therefore they by like reason may make a New great Seale without Treason.

If any secondly object: That to make a new great Seale (of Engand) is all one in effect, as to make a new King of England.

I answer 1. that to deface the Kings old Seales and Signets, by publique Acts of State, as the Hollanders did the King of Spaines, when they cast off his Government for his Tyranny (which they,Alvarus P [...]lagius De planctu Ecclesiae. L. 1. Art. 56 62. F. 56. Si non ex praesumptione privato, sed authoritate publica et communi Rex in Tyrannum conversus, vel alius Tyrannus destruetur, vel ejus potestas ipsa refrenetut; non est putanda talis multitudo infideliter agere Tyrannum destituens te si in perpetu ū ance a sibi sc subjecerat quia hoc ipse meruit in multitudinis regimine se non sidelater gerens, ut exigit Regis officium, quod ei pactum a subditis non servetur, &c. See the Appendix P. 137. 188 and Popish Authors held they might lawfully doe,) and to appoint new Seales in every Province onely, with the names and Titles of the private Governours and Provinciall Consuls of every Province, without the name and Title of the King of Spaine, whose authority they abjured with a solemne Oath; would in truth be to set up a new King, and government; But to make a New Seal, onely like, or not much different from the old, to supply its absence, with the Kings owne Picture, Armes, stile and Title, is no wayes to impeach, but confirme his Royall Authority, being done in affirmance, onely, not dis-ffirmance of it, as Lawyers speake. Thus their making of a new Seale in Edward the 1. and Henry the 6. his Raigne forementioned, was the highest confirmation of their Authorities, and the greatest expression of the subjects Loyaltyes that might bee; And why the Parliaments making of a new great Seale to supply the absence & defects of the old, should be deemed a setting up of a new King against his Majesty, more than the Parliaments frequent constituting of Lord Protectors, in former [Page] times to supply the infancy absence, dotage, or imperfections of our Kings (of which I have cited you many Presidents elsewhere) which all esteemed to be a ratification, not nullification or alteration of their Royall Authority, (or the coyning new money now, to supply the want of old,) transcends my understanding to apprehend: since those who may lawfully make a Vice-Roy to represent the Person, or execute the Soveraignty of a King in his name and right, may with as good reason and authority to, make a new great Seale, to supply the defects and affected absence of the old, the Seale being lesse than the person and Soveraignty of the King, and the proper seale of the Parliament.

2. This will further appeare by considering in the second place, what power and Authority our Parliaments have claimed and exercised as of right, over the Custody and disposing of the Great Seale of England. First, they have usually chosen and nominated the Lord Chauncellour, and Keepers both of the great and privy Seale of England, together with the Lord Protectors, Lord Treasurers, privy Counsellors, and other great Officers of the Realm, as I have See Francis Thin in Catalogue of Lord Chauncellors of England: & The 2 Part of the Soveraigne power of Parliaments. P. 41. to 73. elsewhere plentifully manifested, and committed the Great Seale to the Chancellours custody onely. Secondly, They have ordered, Matthew Paris, Hut. Ang. p. 415. Matth. West, Anno 1222. p. 1 [...]3. Daniel p. 157. Godwins Catalogue of Bishops p. 386. Francis Thin Catalogue of Chauncellors Holinshed Vol. [...]. p. 1275 The 2 part of the Soveraigne power of Parliaments and Kingdomes p. 48. 49. that the Chancellour should not be put from the custody of the Seale, nor the Seale taken from him without the common Counsell and consent of the whole Realme in Parliament; upon which ground, Ralph Nevill Bishop of Chichester, Anno. 1236 when King Henry the third upon a displeasure, earnestly demanded the Great Seale of him, being then Lord Chancellour, absolutely refused to deliver it to the King; saying, That he could by no meanes doe it, seeing hee had received it BY THE COMMON COVNSEL OF THE REALM, and THEREFORE he neither could, nor would resigne it WITHOVT THE COMMON COVNSELL OF THE KINGDOME, to wit the Parliament: Yea the Mathew Paris Hist; Ang: p. 619, to 623. Daniel 161: 162: Soveraigne power of Parliaments part 2. p: 49. 56. Parliament, An. 28. of Henry the third, to prevent the abuses of the Great Seal which the King then began to take from the Chancellour into his owne custody, abusing it to ill ends) Voted; That if the King by any intervement occasion should take away the Great Seale from the Chancellour (who should alwaies be chosen by the Parliament, or its assent,) what soever should be sealed in the interim should be reputed VOYD & FRVSTRATE; till restitution of it were made to the Chancellour: After this, the Walsingham Hist. Ang. p. 143. 300. 3 [...] 312 See the Soveraigne power of Parliaments part 2 p. 57. 58. Parliament in Richard the second his Raign, disposed both of the Chancellours place and the great Seale; and Henry Scroope made Lord Chancellour by it, refused at first to deliver up the Seale to the King who demanded it of him; and when hee extorted it from him, the whole Kingdome were much displeased, and murmured against it.

Thirdly, The Chancellour of England,See the 2 part of the power of Parliaments p. 70 71 hath resigned up his Office and Great Seal of England, in and to the Parliament, who have disposed of it to a new Chancellour in Parliament, as you may read in the Parliament Roles of 4. H. 6. Nu. 14. 15. without the King. And theSpeed Holinshed Grafton in 1. R. 5 Arch-Bishop of York L. Chancellour of England, when K. Edward the 4th. dyed, was much blamed, for delivering up the Great Seale of England to the Queen Mother: whereupon the Seal was taken from him; and delivered by the L. Protector to Dr. Russel Bishop of Lincolne. In regard of which disposing power, bothSee 5 Eliz. c. 18. 13. Eliz. c. 7. 14. Eliz. c. 6. The Act for Trienniall Parliaments. of the Chancellour and Great Seale by Parliament; both of them are usually stiled in statutes, the Act for Triennial Parliaments, histories, (p) The Chancellur and Great Seale of England. How the Parliament hath ordered and appointed the custody of the Kings [Page] other Seales from time to time, I have shewed in the fore-cited Acts, and will not repeat; but conclude, That if our Parliaments have enjoyed such a power and Jurisdiction over the great Seal, the Chancellours and Keepers of it heretofore, when there was just cause; they may exercise the selfe-same power over them now, especially when both of them have bin purposely withdrawne, & detained from the Parliament so long, to retard, annihilate its proceedings contrary to Law, and the Act for its continuance.

Thirdly, The Parliament hath exercised a power over the great Seale, and other Seales of the King; as the Dutchy Seal, Exchequer Seale, Seale of the Court of Words and Liveries, of the Court of Augmentations, of first fruits and Tenths, Staples, Surveyors, Seales of cloth and other Merchandize, safe conducts, Customes, Ecclesiasticall Courts, and the like; in prescribing what Patents Charters, Commissions, Protections, Warrants, Grants, Writs, Pardons should bee passed under them or any of them, and what not; And where the great and priety Seale shall be used to promote right, and where not used to stay right or justice in any case whatsoever. This is evident by the severall Statutes of 13. E. 1. of Acton Burnell, and statute Merchants, 25. E. 1. c. 1. 28. E. 1 c. 1. 2. 6. 20 18. E. 2. Statute E. 1 Prses. 2. E. 3. c. 8. 4. E. 3. c. 4. 5. E. 3. c. 2. 14. E. 3. c. 14. 15. Stat. 3. c. 1. & Stat. 4. 15. E. 3 c. 3. 18. E. 3. Stat. 2. c. 1. 36. E. 3. c. 2. 42. E. 3. c. 9. 1. R. 2. c. 6. 5. R 3. c. 9. 10. 14. 6. R. 2. c. 4. 18. R. 2. c 1. 12 R. 2. c. 8. 13 R. 2. c. 2. 13 R. c. 2. Stat. 2 c. 16. R. 2, c. 6. 2. H. 5. c. 4. 5. H, 5 c. 7. 10. H. 6. c. 7. 15. H. 6. c. 3. 20. H. 6. c 1. 31. 13. Eliz c. 7. 14. Eliz. c. 6. H. 6. c. 2. 1. E. 4. c. 1. 3. H. 7. c, 1. 4, H. 7. c. 14. 14. & 15. H 8. c 4. 21. H. 8. c. 16. 17. 20. 23. H. 8. c. 7. 25. H. 8. c. 19. 21. 22. 27. H. 8. c. 2. 5, 11. 15. 16. 27. 34. & 35. H. 8. c. 16. 21. 26. 1. E. 6. c. 2. 5. 8. 12. 14. 3, & 4. E. 6. c. 8 39. Eliz. c. 5. 43. Eliz. c. 4. 11. 12. 5. & 6. E. 6. c. 1. 1. Eliz. c. 1. 5. Eliz. c. 1. 4. 2, & 3. Phii. & Mar. c. 20. Above all by16. Car. c. 1. the Act for the preventing inconveniences happening by the long intermission of Parliaments, made this Parliament when fullest by his Majesties and both Houses unanimous assents; with infinite other Statute. And as the Parliament hath thus ordered and limited the use of the Kings own Seales, so likewise the Seales of Sheriffes, Coroners, Corporations, Mayors of Staples, Iustices, Iudges, Searchers, and other Officers; together with the Seales of Jurors, Electors of Knights Burgesses of Parliament and sundry other persons, as to publike uses. Witnesse the Statute of Rutland. 10. H. 1. 13. E. 1. the Statute of Acton Burnell, and of Statute Merchants. 13. E. 1. c. 13. 31. 39. The Statute of Quo Warranto 18. E. 1. 1. E. 3. c. 8. 2. E. 3. Stat. 3. c. 5. 5. E. 3. c. 2. 10. E. 3. c. 3. 14. E. 3. c. 16. 25. E. 3. Parl. 5. c. 1. 5. 21. 27. E. 3. Parl. 2. c. 4. Parl. 3. c. 1. 9. 42. E. 3. c. 3. 43. E. 3. c. 1. 12. R. 2. c. 7. 8. 13. R. 2. c. 11. 18. 1. H. 4. c. 19. 2. H. 4. c. 17. 4. H. 4. c. 6. 7. H. 4. c. 13. 9. H. 4. c. 2. 11. H. 4. c. 6. 1. H. 5. c. 9. Parl. 2. c. 5. 3. H. 5. c. 3. Stat. 2. 6. H. 6. c. 4. 8. H. 6. c. 18. 9. H. 6. c. 10. 11. H. 6. c. 9. 16. 15. H. 6. c. 6. 18. H. 6. c. 19. 33. H. 6. c. 7. 1. E. 4. c. 1. 4. E. 4. c. 1. 8. E. 4. c. 1. 1. R. 3. c. 8. 14. & 15. H. 8. c. 3. 23. H. 8. c. 7. 25. H. 8 c. 19. 26. H. 8. c. 14. 1 E. 6. c. 14. with other Acts. Therefore the Parliament may by the same, or a like reason, exercise a Iurisdiction in making a new great Seale, and directing the ule of it for the common good, to supply the absence of the old.

Fourthly, the Parliament hath caused this new Seale to be made, principally to [Page] compleat the House of Commons by sealing Writs for new Elections of Knights and Burgesses, in places of the old who are dead, or justly expelled: and what power the Kingdom and Parliament have anciently exercised in this, or the like cases, I shall give you a briefe account. First, the Lords and Commons have sundry times in former ages, not onely enforced our Kings to summon Parliaments against their wills, when necessary, but likewise sent out Writs to summon a Parliament, and elect Knights and Burgesses, under the great Seale of England in our Kings names, without their privity and assent, as I haveThe soveraigne power of Parliaments part 1. f. 8. to 16. elsewhere manifested by sundry Presidents: And by the very Act for the16 Carol. c. 1. Trieniall Parliament, (assented unto by His Majesty, and all the Lords and Commons who are, or were with him at Oxford; this very Session of Parliament) it is expresly provided, ‘That in case the King refuse or neglect to summon a Parliament every three yeeres, next after the last day of the last Parliament preceding it, by Writs under THE GREAT SEALE OF ENGLAND (so frequently stiled in this Act;) that then every Lord Chancellour of England, the Lord Keeper of the great Seale of England, and every Commissioner and Commissioners for the keeping of the Great Seale of England for the time being, within sixe dayes after the tenth day of September in every such third yeere, shall in due forme of Law, without any further Warrant or direction from His Majestie, His Heirs or Successors, SEALE, issue forth, and send abroad severall Writs of Summons to the respective Peeres of the Realme, and Writs of Election to the Sheriffs of the severall Counties, Cities and Boroughs of England and Wales, &c. for the electing of Knights, Citizens, and Burgesses to serve in Parliament: prescribing, that every Lord Chancellour, Keeper, and Commissioner aforesaid, shall take an Oath, truly and faithfully to issue forth and send abroad all Writs of Summons to Parliament for both Houses, at such time and in such manner as is expressed in this Act; under paine of being disabled ipso facto from their places, in case of refusall or neglect. And then the Lords are ordered to meet at Westminster without Writ or Summons, and any twelve of them are enabled, to grant out Writs of Summons under their hands and Seales, to all Sheriffs of Counties, Cities, and Boroughs, which shall be of the same force to all intents as the Writs of Summons to Parliament under the great Seale of England. And in case the Lords neglect or refuse to issue such Writs, then the Sheriffs, Majors, and Bailieffs of Counties, Cities, and Boroughs, without any Writ at all: and in their default or neglect, the Free-holders and Citizens of each County, City, and Borough, are enabled to elect Knights, Citizens, and Burgesses, without any Writ at all, and the Election and Parliament to be as effectuall, as if summoned under the great Seale of England.’ If then a Parliament may be thus summoned by the Lord Keeper himselfe, by a Writ under the great Seale, without the Kings privity, or contrary to his Command; or by a Writ under the Lords Seals only; or without any Writ at all, in some cases, and that by expresse provision of an Act made this Parliament: why this Parliament may not, by as good or like reason (now it is assembled and perpetuated by another Act) make a new great Seale to seale Writs of Election, or grant out their Writs without the great Seale, by an Ordinance of Parliament onely, to compleat the Houses, now the great Seale hath beene so long absent, and such Writs refused to be issued under it, though oft desired (without any danger of Treason, or derogation to the Kings Prerogatives [Page] I cannot yet dicerne. It being farre lesse, for a sitting Parliament in this case, to make a new great Seale, or issue out Writs of Election without the Kings privity (now in Armes against it) to recrute its own Members, then for the Chancellour, Keeper, Lords, or Commons themselves out of Parliament thus, either with, or without Writ, to summon and hold a Parliament, without, yea against the Kings assent, his Proclamations or Inhibitions to the contrary. And those fundamentall principles of Law, State-policy, with that soveraigne power of the Parliament and Kingdome, above our Kings, which induced both Houses thus to make, and his Majestie readily to assent to this late Act, for the common benefit and safety of the Realm, in case of His Owne or the Lord Keepers wilfull neglect, or refusall to doe their duties; will doubtlesse inable the Houses now sitting, to make a new great Seale, or issue out Writs of Election, Errour, and the like, either under it or without it, during the voluntary absence of the King, Lord Keeper, and great Seale from the Parliament (contrary to Law, Custome, Duty, Oath) of purpose to compleat the Houses, and expedite publike Justice, obstructed by their absence. And the rather may the Parliament doe it in case of Writs of Election, because such Writs, with the Elections made by vertue of them, have usually beene ordered, formed, issued our, determined, judged onely by the Parliament; and Writs for new Elections (by reason of death or removall) have constantly issued out, of course, by Order or Warrant from the Speaker or Commons House onely, without speciall Warrant from the King himselfe without refusall or deniall, as is evident by the Statutes of 5 Rich. 2. cap. 4. 7 Hen. 4. cap. 15. 11 Hen. 4. cap. 1. 8 Hen. 5. cap. 1. 6 Hen. 6. cap. 4. 8 Hen. 6. cap. 7. 10 Hen. 6. cap. 2. 23 Hen. 6. cap. 11. 32 Hen. 6. cap. 15. 8 Hen. 8. cap. 16. 35 Hen. 8. cap. 11. Br. Parliament 7. Dyer f. 60. Cromptons Iurisdiction of Courts f. 3, 4, 16. Neither can they be denied, o [...] the Houses kept incompleat against their wills by his refusall, without apparent breach of the priviledge of Parliament, yea, of Magna Charta it selfe, as the Lords resolved, An. 1256. in Henry the third his reigne, and the whole Parliament since 1 Hen. 4. Rot. Parl. num. 21, 22. as I haveSee the second part of Soveraigne power of Parliaments. p. 7. 42. elsewhere proved.

From all which Authorities I humbly conceive, the Parliament may lawfully in the case fore-stated, both make a new broad Seale and Keeper of it, to fill up the Houses, and redresse the obstructions of Justice, of Parliamentary proceedings, occasioned by the great Seales absence.

To these authorities I shall annex the ensuing Reasons both of Law and State:

First, the Parliament the supreame power and Judicature in England, having the chiefe interest and propriety in the GREAT SEALE OF ENGLAND, in respect of [...]s publike use, may lawfully new make and use that Seale which is it own in respect of property and use; and the Kings only as their publike Minister.

Secondly, that the Parliament being the chiefe State-physician of the Realme, may, and ought by Law to redresse all publike grievances: therefore the grievances and obstructions of Justice, occasioned by the old great Seale and Lord Keepers absence or abuse, by making new.

Thirdly, the Parliament may and ought to supply all defects, defaults of State Officers, Laws Affairs, prejudiciall to the Realme: Hence it alwayes hath supplied the Minority, Detage, or Absence of our Kings by constituting a Vice-Roy of their own election to exercise all royall Authority; the absence of the Lord Keeper or Speaker [Page] of the lower House, when sicke by substituting others to supply their places; the defects of the Common Law by new Statute-Laws; and providing new Laws Courts, Seale, against new mischiefs, not remediable by old Acts. This appeares most lively by the Act for Trieniall Parliaments forecited, wherein the wilfulnesse and negligence of the King, is ordered to be supplied by the Lord Keeper; the Lord Keepers, by the Lords; the Lords, by the Sheriffs of Counties, Majors, and Bailiffs; and theirs by the Freeholders, Citizens, and Burgesses. The Councell of Basil, and othersThe soveraign power of Parliaments part 1. edit. 2. p. 13. forecited are to like purpose: and the Statute of 25. Hen. 8. c. 21. which Law abolishing the Popes authority, enables the Archbishop of Canterbury, to grant all Ecclesiasticall Licences and Dispensations here, which the Pope alone formerly granted at Rome; and then provides, that in case the Archibishop should wilfully and obstinately refuse to grant such Licences and Dispensations to those who demanded them without a just and reasonable cause; that then an Injunction should issue out of the Chancery under the great Seale to him, commanding him to grant them; and if he then wilfully refused to doe it, that then the King upon every such default and wilfulnesse, should grant a Commission under the great Seale to any two Prelates or spirituall persons that would grant them, by an instrument in writing under THEIR SEALES. The Parliament therefore now summoned and sitting, by like reason lawfully may, and is bound in duty to supply the present wilfull absence of the Lord Keeper and great Seale, (treacherously carried from it beyond expectation, contrary to promise, and so long detained thence) by constituting New ones in their places. It was one principall Article preferred byHalls Chron. 2 [...] Hen. 5. c. 19. Grasion p. 1191 the Parliament against Cardinall Wolsey, That when he was sent Ambassadour into Flanders, to the Emperour, he carried the Great Seale with him without the Kings consent; for which he was displaced and fined. Much more then may the Parliament displace the Lord Keeper, for carrying away the great Seale (the onely Seale of this high Court) in a surreptitious manner from them, contrary to his duty, without and against their consents, and make a new great Seale and Keeper in lieu of the old.

Fourthly, the Parliament is bound to take care, That publike Justice (according to9 Hen. 3. c. 29. 2 Edw. 3. c. 8. Magna Charta (and other Acts) be not delayed nor denied to any Subjects that desire or neede it, being the supreamest Court of Justice, to punish all offences, neglects, supply all defects in the highest Officers of Justice: Therefore to provide a new broad Seale and Keeper of it, since publike Justice is denied to most, obstructed, delayed to all, by the unlegall wilfull absence of the old great Seale and Lord Keeper from the Parliament, and Courts at Westminster.

Fifthly, The Houses of Parliament, in point of honour, trust, duty, more especially since their late Protestations and Covenants, are bound universally to preserve their own just Priviledges, Rights, and Liberties; whereof these are indubitable ones. That the Lord Chancellour & Keeper of the Great Seal of England, together with the Seal it selfe remaining in his custody, ought alwaies constantly to attend the Parliament and be present with it. First,See Modus Tenendi Parliament; Cambden, Holinsh. Ʋowel, and Sir Thomas Smith, lib. 2. cap. 1. in their Treatises of the Parliament of England. with all the Journals and Parliament rolls. because the Lord Chancellor or Keeper of the Great Seale is alwaies a necessary member of the Ʋppor-House, and the Speaker of it, by vertue of his very Office. Secondly, because not onely constant custome, but14 E. 3. c. 5. 15. E. 3. c. 4, 5. Stat. 1. 31. H 8. c. 10. sundry Acts of Parliament, require the Chancellours, and Keepers speciall presence in Parliament, in direct termes. Thirdly, because the Chancellour, and Great Seale are, and ought to be necessarily present in Parliament, being the onely proper Seale of this [Page] highest Court, for divers publique ends. 1. To issue out WritsBrooke Parliament 7. Dyer. 60. a. of summons and new elections, for summoning the Members of both Houses, as oft as there is need, to keep the Houses compleat. 2. To seale Writs of1 H. 7. f. 19, 20. Ashes Tables Error 65. Error, brought in Parliament. 3. To SealeDyer f. 59. 60, 5 H. 4. c. 6. Br. Parl. 11. 1. Jac. c. 23. Writs of Priviledge for members of Parliament, or their meniall servants. when there is cause. 4. To issue and Seale such Stat of Winchester, 13 E. 1. c. 24. 28. Register, f. 271. new Writs as shall be devised in Parliament, upon new occasions. 5. To issue out and seale such14 E. 3. c. 5. and all Acts for Subsidies. Commissions as shall be necessary upon publique imployments, Trials criminall or judiciall, Taxes or Subsidies, appointed in and by Parliament. 6. To seale suchSee the Soveraigne power of Parliaments, pars. 2. p. 25. 61, 66, 67, 68, 70, 71. & here p. 2. 3. Patents and Charters of Honours, Lands, Priviledges, Offices, and the like, which shall be thought meet to be granted in Parliament, as most old Charters were. 7. To seale Parliament pardons and all Proclamations, exemplifications of private Acts of Parliament, and such Acts as are to be proclaimed, to such who require them, 2 H. 5. c. 4. 1 R. 2. c. 6. 1 H. 7. f. 23. 25. Coronc. 49. 33 H. 6. 17. Parl. 1. 21 E. 4. 56. Dyer. 135. Cooke l. 8. f. 7. 8. 28. 43 E. 3. c. 5. 2 H. 5. c. 46. 1 H. 6. c. 2. 26 E. 3. c. 16. Ashes Tables Proclamation. 39.

In all these respects, with others, the Lord Chancellours, Keepers, and great Seales presence being simply necessary in Parliament, (where by Law and custome they ever have beene, and ought to be, till this late president,) The Houses lawfully may, and in point both of honour and justice, ought, for the maintenance of their owne undoubted priviledges, to constitute a new great Seale, and Keeper of it, if the old be not returned to them speedily, having beene wilfully, above twelve Moneth space, withdrawne, detained from them, on purpose to dissolve the Parliament, retard or frustrate all its proceedings, and stop the common course of justice, contrary to all Law and Justice.

In few words, this Parliament, without any exception of King, Courtiers, Malignants, or any other I have yet heard of; have made a new master of the Mint, at least restored an old one to his place, who was dispossessed; coyned money, and made new stamps for that purpose, where the old were broken or worne out, without the Kings consent, or any tax of treason, or disloyalty: Therefore, by the selfesame Law and reason, they may lawfully make a new Great Seale, and Lord Keeper of it for the ends aforesaid, to supply the absence, defects, and prevent the grosse abuses of the old, without any Treason or disloyalty.

The VOTES of the House of COMMONS, together with their reasons for the making of a new Great Seale of England, presented by them to the LORDS at a Conference, Iuly 4. & 5. Anno 1643.

[Page]

Resolved upon the Question. (June 14. & 26.)

1. THat the Great Seale of England ought to attend the Parliament.

2. That the absence of it hath been a cause of great mischiefe to the Common-wealth.

3. That a Remedy ought to be provided for these mischiefes.

4. That the proper remedy is, by making a New Great Seale.

The mischiefes occasioned by conveying away the Great Seale from the Parliament (represented to the Lords at a Conference Iuly 5. 1643.) are these:

1. IT was secretly and unlawfully carried away by the Lord Keeper, contrary to the duty of his place; who ought himselfe to have attended the Parliament, and not to have departed without leave; nor should have beene suffered to convey away the Great Seale, if his intentions had been discovered.

2. It hath been since taken away from him, and put into the hands of other dangerous and ill affected persons; so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs, returned answer, That he could not Seale the same, because he had not the Seale in his keeping.

3. Those who have had the mannaging thereof have imployed it to the hurt and destruction of the Kingdome sundry waies. By making new Sheriffes in an unusuall and unlawfull manner, to be as so many [Page] Generals or Commanders of Forces raised against the Parliament. By issuing out illegall Commissions of Array, with other unlawfull Commissions, for the same purpose. By sending forth Proclamations against both Houses of Parliament, and severall Members thereof, proclaiming them Traitors, against the Priviledges of Parliament and Lawes of the Land. By sealing Commissions of Oyer and Terminer to proceed against them, and other of His Majesties good Subjects adhearing to the Parliament, as Traitors. By sending Commissions into Ireland to treate a peace with the Rebels there, contrary to an Act of Parliament made this Session. Besides, divers other Dangerous and illegall acts have been passed under the Great Seale, since it was secretly conveyed away from the Parliament, whereby great calamities and mischiefes have ensued, to the Kindomes prejudice.

The mischiefes proceeding through want of the Great Seale.

1. THe Termes have been adjourned; the course of justice obstructed.

2. No originall Writs can be sued forth without going to Oxford; which none who holds with the Parliament can doe, without perill of his life or liberty.

3. Proclamations in Parliament cannot issue out, for bringing in Delinquents impeached of High-Treason or other Crimes, under paine of forfeiting their estates, according to the ancient course.

4. No Writs of Error can be brought in Parliament, to reverse erronious judgements; nor Writs or Election sued out for choosing new Members, upon death or removall of any; whereby the number of the Members is much lessened, and the Houses in time like to be dissolved, if speedy supply be not had, contrary to the very Act for Continuance of this Parliament.

5. Every other Court of Justice hath a peculiar Seale; and the Parliament, the supremest Court of England, hath no other Seale but the Great Seale of England; which being kept away from it, hath now no Seale at all; and therefore a new Seale ought to be made.

6. This Seale is Clavis Regni; and therefore ought to be resident with the Parliament, (which is the representive body of the whole Kingdome) whiles it continues sitting; the King, as well as the Kingdome, being alwaies legally present in it during its Session.

FINIS.

Errata: & Omissions.

[Page]

IN the Humble Remonstrance, p. 6. l. 2. 5, R. 2. c. 2, 3 10 E. 4. c. 3. omitted p. 21. l. 26. Sancitum, p. 25. l. 37. Acres, r. Hydes. p. 27. l. 21. And. p. 29. l. 9. Mariners. p. 31. l. 7. nec. In the Opening, &c. p. 5. l. 4. hoc, r. hanc.

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The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ...

Prynne, William, 1600-1669.

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1643

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2009-03 (EEBO-TCP Phase 1).

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A91237

ID [STC]

Wing P4026

ID [STC]

Thomason E251_2

ID [STC]

ESTC R234376

ID [EEBO-CITATION]

99871128

ID [PROQUEST]

99871128

ID [VID]

159084

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— The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ..., Prynne, William, 1600-1669..

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[2], 32, [2] p.

Printed for Michael Sparke Senior.,. Lodon [sic]. :: 1643.. (At foot of title, above imprint: It is this fifteenth day of September, anno Dom. 1643. ordered by the Committee of the House of Commons, concerning printing, that this treatise, intituled, The opening of the great seale of England, be forthwith printed by Michael Sparke Senior. John White.) (With a final errata leaf.) (Annotation on Thomason copy: "Octob: 9th".) (Reproduction of the original in the British Library.)

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