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city_n	county_n	say_a	sheriff_n	8,049	5	11.8418	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

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

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 *