Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	ratify_v	3,090	5	11.4702	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91237	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.	1643 (1643)	Wing P4026; Thomason E251_2; ESTC R234376	44,104	39

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 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 * 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 * preceding words import The second president is that of King Henry the 6 his reigne who being but an * infant of 9. moneths age when the Crown descended to him there * 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 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

crimen falsi quod in quadam sui specie tangit coronam Domini Regis Vt 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 have a 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 his b Lords and States without his privity made both a new great Seale and Chancellor to keepe it 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 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 THE * 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 e 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 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 * 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. Thus * 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 * 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 Vse 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 and * 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 Virgil 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 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

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 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 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 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 a 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 b 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 c 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 d 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 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 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 Parliament * 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 haue e 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 h 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 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 i elsewhere plentifully manifested and committed the Great Seale to the Chancellours custody onely Secondly They have ordered k 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 l 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 m 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 n 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 the o 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 both p 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 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 by * 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 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 have * elsewhere manifested by sundry Presidents And by the very Act for the * 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 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 it s 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 have * 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 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 others * 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 by * 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 to *

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 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. 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