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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

declaration declaring Charters or Writs not sealed with the great Seale to be voyd in Law for ought I finde before this project unlesse that forementioned touching the Conqueror passe for a Law and judgement in this particular Fourthly that the Chancellour in this Kings raigne had the custody of the Great Seale the indiscreet use and abuse whereof was good ground in Law to deprive him of its custody What the Office and dignity of the Chancellour really was in that age appeares by this description of it written in or neere that time o Cancellarii dignitas est ut SECUNDUS A REGE in Regno habeatur ut ALTERA PARTE SIGILLI REGII QUOD ET AD EIUS PERTINET CUSTODIAM PROPRIA SIGNET MANDATA Vt capella Regia in illius fit dispositione cura Vt vacantes Archiepiscopatus Episcopatus Abbatias Baronias cadentes in manum Regis ipse suscipiat conservet Vt omnibus Regiis assit consilis etiam non vocatus accedat Vt omnia SIGILLIFERI CLERICI REGII sua manu signentur Item ut suffragantibus ex Dei gratia vitae meritis non moriatur nisi Archiepiscopus vel Episcepus si voluerit And by the blacke Booke of the Exchequer attributed to Gervasius Talburiensis par 1. c. 5. Cancellarius ficut in Curia sic ad Scaccarium MAGNUS est adeo ut sine ejus consensu vel consilio nihil magnum fiat vel fieri debeat Verùm hoc habet officium dum residet ad Scaccarium ADIPSUM PERTINET CUSTODIA SIGILLI REGII quod est in Thesauro sed inde non recedit nisi cum praecepto * Justiciae ab inferiori ad superius Scaccarium à Thesaurario vel Camerario defertur ad explenda solum negotia scaccarii Quibus peractis in loculum mittitur loculus à Cancellario consignatur sic Thesaurario traditur custodiendus c. The custody therefore of the great Seale was then reputed an unseparable part of the Chancellors Office and honour King Iohn succeeding his brother Richard by the Nobles and peoples election rather then by discent as p Matthew Paris with others observe had both a great Seale and q Chancellors who kept it with which he sealed divers Charters Among others one Letters Parents SIGILLO NOSRO MUNITAS to the Archbishop of Canterbury Monkes and other Prelates persecuted by him r restoring them to their liberties and possessions which was dated the 13. day of May in the 14. yeere of his reigne Another dated 〈◊〉 15. of the same moneth at the house of the Templars neere Dover Chartam SIGILLO NOSTRO MUNITAM of his most detestable resignation of the Kingdome and Crowne of England to the Pope delivered to Pandulph the Popes Legate to whom he did homage for England and Ireland after this surrender which Charter first sealed with Wax and after delivered to Pandulph was the same yeere afterwards in the Cathedrall Church of Saint Paul before the high Altar in the presence of the Clergie and people AURO BULLATA EST sealed with gold and delivered to Nicholas Bishop of Tusculan the Popes Legate to the use of the Pope and Church of Rome to whom he then did homage to his eternall infamy which so much discontented his Nobles Prelates and people that they tooke up Armes against him and inforced him in an Assembly and Treaty at Running-mead to grant them the great Charter of their Liberties and Charter of the Forest ratified with his SEALE Oath Witnesses Subscriptions the Bishops Excommunications and Popes Bull and then sent his Letters Patents to all the Counties of England commanding the Sheriffs to sweare all the men within their Bailywicks to observe the said Lawes and Liberties thus granted and ratified in the 17. yeere of his reigne In briefe the Charter of the truce betweene King Iohn and King Philip of France registred in ſ Hoveden was sealed with his Seale concluding thus Qua ut perpetuum robur obtineant prae sentem Chartam authoritate SIGILLI NOSTRI corrobora●●● Anno 1200. mense Maii. In this Kings raigne the Chancellors place through the benefit of the Seale became so gainefull t that Walter de Gray afterward Archbishop of York profered the King 5000 Markes pro habenda CANCELLARIA which was then no Court but the Office of making and sealing royall Writs and Charters Domini Regis tota vita sua pro habenda inde Charta Dom. Regis which great place he then obtained or rather purchased by his money not merits King Henry the third comming to the Crown by the Lords and Commons u election rather then by discent when he was but nine yeeres and some odde moneths old in the ninth yeere of his raigne ratified x Magna Charta and the Charter of the Forest in Parliament under His hand and Seale with Witnesses thereunto subscribed and commanding as many Charters to be engrossed as there were Counties in England ET REGIO SIGILLO MUNITIS and ratified WITH THE ROYALL SEALE he sent one of the great Charters into every Shire and one Charter of the Forest into every County where there were Forests to be there reserved But this unconstant King comming to age within two yeeres after y in a Parliament at Oxford a fatall place for ill advice to our Kings through ill Councell to the great discontent of his Nobles and Commons annulled the Charter of the Forest declaring it voyd as granted in his non-age when he had no power of Himselfe NOR OF HIS SEALE and so of no validity and causing Proclamation to be made that hath the Clergie and all others if they would enjoy those Liberties should renew their Charters AND HAVE THEM CONFIRMED UNDER HIS NEW SEALE which he had then caused to be made onely by way of project to raise moneys as Richard the first had done For which they were constrained to pay not according to their ability but the will of the chiefe Iustice Hugh de Burgh to whom was laid the charge of this mischiefe which procured him the generall hate of the Kingdome and begat a new insurrection of the Lords and Commons who taking up Armes hereupon enforced the King to call a Parliament and therein to new ratifie those Charters at his full age In this Kings reigne all Patents if not Writs and Commissions too usually issued under the Great or Lesser Seale of which there are divers presidents extant in Matthew Paris and in the clause and Patent rolls of this King to which I shall referre you And such notice was then taken of the dignity and necessity of the Kings Seale to Charters and Writs that Henry de Bracton a famous Lawyer in those daies writes expresly That it was no lesse then Treason to counterfeit the Kings Scale z Est aliud genus criminis lesae Majestatis quod inter graviora numeratur quia ultimum inducit supplicium mortis occasionem scil

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

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

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

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