Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	king_n	normandy_n	8,526	5	11.2327	5	true

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

and Albert Atque ut in memoria Romane Ecclesiae sirmiter habeatur SIGILLVM VESTRVM PRAECIPISTIS APPONI q Anno Dom. 1177. Sancho King of Navarre and Alphonso King of Castile being at variance about breaches of Articles in a former truce referred their differences to the determination of King Henry the second who calling his Nobles and Parliament together made these kings Embassadors to put their differences in writing and then to sweare to stand to his and his Councels arbiterment which done he made a Charter of his award subscribed with the names of many Bishops Nobles Clerks Laymen as you may read at large in Hoveden which Charter questionlesse was sealed with his seal though it be not expressed r The same year on the 7 day of October K. Lewis of France and king Hen. 2. made a finall concord and league for mutuall offence and defence which was put into writing sworn to subscribed by many witnesses of note and SEALED witnesse the words of Hoveden who records it at large Et ut hoc statut● firmiter teneatur ratum permaneat scripto commendari ET SIGILLI SVI AVCTORITATE CONFIRMARI FECIT And the same yeare Audebert Earl of March selling his Earldom to King Henry made a Charter thereof registerd in ſ Hoveden which concludes thus Ne autem haec mea venditi● solemniter celebrata aliqua posset in posterum malignitate divelli EAM SIGILLO MEO MVNIVI after which many Bishops and other witnesses subscribed it In this Kings reigne it is apparent that the great Seale remained in the custody of the Chancelor for I read t that this king making his Chancelor Thomas Becket Archbishop of Canterbury he thereupon An. Dom. 1162. contrary to the kings good liking and expectation who was then in Normandy sent messengers over with the Seal Cancellariae renuntians ET SIGILLVM RESIGNANS renouncing the Chancellorship and resigning up the Seal unto him Because he could not attend the Court and Church at once so as the Chancellor then kept the seale of England with him here when the King was absent in Normandy for the better execution of publike justice This will yet more plainly appeare by the ensuing passage of u Hoveden and Writ of King Richard the first Richardus Dei Gratia Rex Angliae c. Willielmo de Sancta Mariae Ecclesia Nugont Baro●lpho salutem sciatis quod didicimus quod in morte Patris nostri sine praecepto suo conscientiae habuerunt literas DE SIGILLO SVO Gaufrdtus de Mu camp de habendo Archidiaconatu de Cliveland Willielmus de Stigandebi Magister Erardus de praebendis habendis in Ecclesia Eboracensi quae tum vacabat erat in mann nostra Et ideo praecipimus quod praefatos ab Archidiaconatu Praebendit dictis sine mora dissaisietis repetentes ab eis quicquid ex inde perceperunt postquam illos redditus ita fraudulenter per surreptionem sunt adepti Teste m●ipso tertio die Novembris apud Mamerz Proh pudor Turpe est doctori cum culpa redargu●t ipsum Idem enim * Archiepiscopus dum adhuc esset CANCELLARIUS REGIS Patris sui SIGILLVM ILLVD IN CVSTODIA HABVIT per quod praefatus Archidiaconatus praebendae illae datae fuerant praenominatis personis By which passage and writ it is apparent First That the Chancellour in Henry the seconds Reigne had the custody of the great Seale Secondly That presentations to Churches Archdeaconries and Prebendaries were then granted under the Great Seale Thirdly That Chancellours did sometimes fraudulently grant and seale Patents without the Kings privity and that these Patents when discovered were reputed fraudulent and voyd Fourthly That writs at Common Law were usuall in Henry the second his Reigne which appeares most plentifully and irrefagably by Ranulphus de Glanvilla chiefe Insticiar under this King his Tractatus de Legibus consuetudinibus Regni Angliae tempore Regis Henrici secundi compositus wherein most Originall Writs of the Common Law and the Proceedings upon them yet in use are collected and registerd for the benefit of posterity In this Kings time I conceive our Writs of Law were reduced by this Ralph Glanvill and his fellow Iustices into a set forme and began to issue forth under the Kings Seale to avoyd forgery but whether under the Great Seale or speciall Seale of every Court as Sir Edward Cooke in his Institutes on Magna Charta pag. 554 555 556. conjectures I cannot certainly define In his Reigne I first finde that the connterfeiting of the Kings Charter was reputed Treason as Glanv●ll expresly declares it lib. 1. cap. 2. lib. 14. cap. 7. Illud tamen notandum quod si quis convictus fuerit de Charta falsa distinguendum est Vtrum fuerit CHARTA REGIS an privata Quod si CHARTA REGIA tunc is qui super hoc convincitur condemnandus est TANQVAM DE CRIMINE LESAE MAIESTATIS Si vero fuerit charta privata tunc cum convicto mitius agendum est Now that which he tearmes counterfeiting the Kings Charter y Bracton z Britton and the Statute of 25. E. 3. of Treasons stile counterfeiting the Great Seale or Privy Seale of the King and therefore this of Glanvill relates principally to the counterseting of the Kings Seale annexed to his Charter I finde in a Roger Hoveden a Charter of William King of Sicily which hee made to Ioan daughter of King Henry touching her Dower dated Anno Domini 1177. Mense Februarii Indicti decima subscribed with the names of divers witnesses Subjects to King William and among others Ego Mattheus Domini Regis VICE-CANCELLARIVS Which Charter concludes thus Ad hujus antem donationis concessionis nostra memoriam inviolabile firmamentum privilegium praesens per man●● Alexandri notarij nostri scribi ET BVLLA AVREA NOSTRO TYPARIO IMPRESSA ROBORATVM NOSTRO SIGILLO jussimus decorari In quo familiares nostri aliae personae pr●ecepto nostro se scripserunt hoc modo the Forme of which Kings great Seale you may behold ingraven in Hoveden p. 553. In fine this Henry the second being b chosen King of Hierusalem which Kingdome was wholly elective and earnestly importuned by Heraclius Patriarch of that City the Christians there and by Pope Lucius his Letters to accept that Honour An. 1185. c He thereupon summoned a Parliament as London on the 10. of April wherein hee charged all his Subjects with many adjurations to advise and resolve him what was best to be done in this case for the salvation of his sense and that hee was resolved by all meanes to follow their advice herein Whereupon the Parliament conferring on the premises resolved that it was much more wholesome for the Kings soule that he sholud govern his owne Kingdome with due moderation and defend it from the eruptions of the Barbarous