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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	parliament_n	writ_n	1,437	5	9.7847	5	false

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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

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 d not stiled a King by our ancient Writers before his Coronation was the first of all our Kings as Our e 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 first f 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 g 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 commonly used before in and since that age by and to Bishops Popes Abbots in publique Writs as well as Kings as the h 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 in i 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 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 k 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 the l 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 m 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 n Hoveden thus relates Et imputans Cancellario suo hoc per ipsum fuisse factum ABSTULIT AB EO SIGILLUM 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

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 x because the Lord Chancellor or Keeper of the Great Seale is alwaies a necessary member of the Vppor-House and the Speaker of it by vertue of his very Office Secondly because not onely constant custome but y 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 highest Court for divers publique ends 1. To issue out Writs z 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 of a Error brought in Parliament 3. To Seale b Writs of Priviledge for members of Parliament or their meniall servants when there is cause 4. To issue and Seale such c new Writs as shall be devised in Parliament upon new occasions 5. To issue out and seale such d Commissions as shall be necessary upon publique imployments Trials criminall or judiciall Taxes or Subsidies appointed in and by Parliament 6. To seale such e 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 selfe-same 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. 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 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

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 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