Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	lord_n	privy_a	treasurer_n	2,576	5	11.0263	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91237	The opening of the great seale of England. Containing certain brief historicall and legall observations, touching the originall, antiquity, progresse, vse, necessity of the great seal of the kings and kingdoms, of England, in respect of charters, patents, writs, commissions, and other processe. Together with the kings, kingdoms, Parliaments severall interests in, and power over the same, and over the Lord Chancellour, and the lords and keepers of it, both in regard of its new-making, custody, admi nistration [sic] for the better execution of publike justice, the republique necessary safety, and vtility. Occasioned by the over-rash censures of such who inveigh against the Parliament, for ordering a new great seale to be engraven, to supply the wilfull absence, defects, abuses of the old, unduely withdrawne and detained from them. / By William Prynne, Utter-Barrester of Lincolns Inne. ...	Prynne, William, 1600-1669.	1643 (1643)	Wing P4026; Thomason E251_2; ESTC R234376	44,104	39

publike ends alone I humbly conceive the Parliament both lawfully may cause a new Great Seale of England to be engraven constitute a Chan●ellour to keepe it and seale Writs for new Elections Writs of Errour in Parliament with other necessary Writs and Commissions with it for the publike administration expedition of Justice the better transaction of all Parliamentary State affaires now obstructed to which the great Seale is requisite This I shall endeavour to make good by Presidents by reasons of Law and State-policy beginning with the new making and then proceeding to the keeping and ordering of the Seale during the present differences and necessity First there are two memorable Presidents in our Histories and Records of making a new great Seale by the Lords and Commons in Parliament without the Kings actuall assent which will over-rule our present case I shall begin with the ancientest of them * King Henry the third departing this life whiles his sonne Prince Edward was militating in the Holy Land against Christs enemies hereupon the Nobles and States assembled at the new Temple in London the day after the Kings funerall proclaimed Prince Edward his sonne King ordained him successor of his Fathers honours though they knew not whether he were living ET FACTO SIGILLO NOVO writes Matthew Westminster And CAUSING A NEW SEALE TO BE MADE so Daniel they appointed faithfull Ministers and KEEPERS for the faithfull custody both of the Seal Kings Treasure and Kingdoms peace Loe here a new great Seale made by the Lords and States in the Kings absence without his privity for the necessary execution of justice either in an assembly out of Parliament as some suppose this meeting was or at least wise in a Parliament assembled held yea ordaining a new great Seale new Officers of King and State without the Kings presence or privity and then it is our present case in effect For if this Assembly of the States even out of or in Parliament in this case of necessity during the Kings inevitable absence might lawfully make both a new great Seale Chancellour Treasurer Judges Justices of peace and other Officers of King and State as they did and conceived they might justly doe none then or since disavowing or censuring this Act of theirs for ought I reade but all approving applauding it as legall then certainly this Parliament assembled and ratified by the King himselfe being the greatest soveraigne power and having farre more Jurisdiction then any Councell or Assembly of Lords out of Parliament may much more justly and loyally cause a new great Seale to be engraven and appoint a Keeper of it during the wilfull absence both of the King Keeper and old great Seale from Parliament contrary to all Law and former Presidents for the better expedition of Justice and transaction of the affairs of the Parliament being the Parliaments proper Seale and anciently appointed by it as Hornes * preceding words import The second president is that of King Henry the 6 his reigne who being but an * infant of 9. moneths age when the Crown descended to him there * issued forth a Commission in this Babes name to Humfry Duke of Gloucester his Uncle then Protector to summon and hold a Parliament in his name which being assembled Num. 14. The Bishop of Durham Lord Chaeuncellor to Henry the 5th resigned up the old Seale of England to King Henry the 6. in the presence of divars credible witnesses and the Bishop of London Chancellor of the Dutchy of Normandy resigned up also the seale of that Dukedom to him After which Num. 15. It was enacted and provided by the Lord Protector Lords and Commons in that Parliament That for as much as the inheritance of the Kingdomes and Crownes of France England and Ireland were now lawfully descended to the King which Title was not expressed in the Kings SEALES whereby great peril might accrue to the King if the said Inscriptions were not reformed according to his Title of inheritance that therefore IN ALL THE KINGS SEALS as wel in ENGLAND as in IRELAND GVYEN and WALES this New Stile should be engraven Henricus Dei Gratia Rex Franciae et Augliae et Dominus Hibemiae according to the effect of his Inheritances blotting out whatsoever was formerly in them superfluous or contrary to the said stile And that COMMAND should be given to All the Keepers of the said Seales of the King to REFORME them WITHOVT DELAY according to the FORME AND EFFECT OF THE NEW SEALE aforesaid Num. 16. The Lords and Commons in this Parliament constitute and ordaine a new LORD CHANCELOVR OF ENGLAND Lord Treasurer and KEEPER OF THE PRIVY SEALE granting them saverall Letters Patents of these Offices in Parliament in the Kings name And Num 17. The Liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in foreigne parts were confirmed in Parliament and their Parents ordered TO BE SEALED WITH THE KINGS NEW SEALES with our paying any Fee Here we have not onely the Great but Privy Seal yea all the Kings Seales in England Ireland France Wales Resigned Altered Ordered to be new made and the Chancellours and Keepers of them expresly Created by the Lords and Commons in Parliament without any Personal actual consent of the King then an Infant for the necessary administration of Iustice and great Affaires of the Realme No man ever questioning much lesse censuring this Act of theirs as illegall or treasonable within the Statute of 25. E. 3. of counterfeiting the Kings Seale but all approoving it as just and necessary Therefore doubtlesse the present Parliament may doe the like in this unparallel'd case both of the Kings L. Keepers the great and privy Seales wilfull absence and substraction from the Parliament of purpose to obstruct all proceedings in Parliament and the course of common Iustice These two famous Presidents are not singular but backed with the Authority of Iudge Horne fore-cited p. 15. and many other of like nature and reason even in printed Statutes The Statute of Acton Burnel made in the 13. yeare of King Edward the first for the more speedy recovery of the Merchants Debts gives the Mayors of London Yorke and Bristall authority to take Recognisances of Debts before them to be made by the Clerke appointed for that purpose whereunto the SEALE of the Debtor shall be put with THE KINGS SEALE THAT SHALL BE PROVIDED FOR THAT PVRPOSE the which SEALE SHALL REMAINE IN THE KEEPING OF THE MAIOR and CLERKE A FORE-SAID And THE KINGS SEALE shall be put unto the sale and delivery of the goods devisable for a perpetuall witnesse Wee have here a New Seal of the Kings with speciall keepers of it appointed for Recognisances and the uses thereof limited by a speciall Act of Parliament confirmed in another Parliament touching Statute Merchants made the same yeare 13. E. 1. which further enacts That ANOTHER SEALE SHALL BE PROVIDED that shall serve for Faires And that the same

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

here with triviall common things concerning Seales or sealing but onely with such Antiquities and rarities as are not commonly knowne nor mentioned in our Law Books The Kings and Parliaments severall and joint Interests in and power over the new-making keeping ordering of the GREAT SEALE of ENGLAND HAving thus traced out the originall progresse use and necessity of the GREAT SEALE through the obscure paths of abstruce Antiquity with as much Verity Perspicuity Brevity as possible I shall in the next place summarily examine What severall or joint interests the King Kingdome and Parliament have in what power or jurisdiction over the Great Seale of England both in respect of the new-making keeping or using thereof For the better assoyling of which grand Question now in publike agitation I shall premise these three Propositions and Distinctions which will much conduce to the clearing and resolution of this doubt First that our Kings Great and Petty Seals when originally invented and whiles the use of them was onely private or meerely arbitrary not simply necessary in point of Law in the administration of Justice or transactions of the publike affairs of the Realme were proper and peculiar to themselves alone and in their owne disposing power onely as every private mans Seale now is they using them onely as private not as publike persons in their naturall not politicke capacities But after that these Seals by use and custome became simply necessary for the publike execution of Justice and affaires of the Realme and our Kings made use of them in their politique capacities as Heads or supreame Governours of the body of the Realme and publike Ministers thereof the whole Kingdom and Parliament by this occasion and upon this reason came to gaine a publike interest in and jurisdiction over these Seals as well as our Kings even as in all other inferiour Corrations the Commonalty as well as the Majors in Cities and Boroughs the Chapters as well as the Bishops or Deanes the Covents as well as the Abbots or Priors the Wardens Assistants and whole company as well as the Masters the Fellowes of Colledges as well as the Presidents have a publike interest in and power over their severall Corporation-Seals made onely for their common good and affairs as I shall manifest in the sequell And in this respect the great Seale came to be commonly called * THE GREAT SEALE OF ENGLAND in our Acts as in 14. and 15. Hen 8. c. 4. 34 and 35 Hen 8. c. 26. 1 Ed. 6. c. 44. 3 and 4 Ed. 6 c. 12. 2 and 3 Phil. and Mar. cap. 20. 1 Eliz. cap. 1. 5 Eliz. cap. 1. 8 Eliz. cap. 1. 13 Eliz cap. 6 7 9. 18 Eliz. cap. 2. 23 Eliz. cap. 14. 39 Eliz. cap. 6 43 Eliz. cap. 4. 5 Eliz. cap. 18. An Act declaring the authority of the Lord Keeper OF THE GREAT SEALE OF ENGLAND frequently thus stiled in this Act and the Lord Chancellour to be one 1 Jac. c. 28. 1 Car. c. 2. 16 Car. c. 1. with sundry other Acts to omit Law-Bookes and Historier And being thus become the great Seale of England the Parliament the representative body of the whole Realme of England must necessarily have an interest in and jurisdiction over it in all publike respects even so farre as to new make it when there is need and to dispose it for necessary affairs of Parliament and the Realme when the old Seale the proper Seale of the Parliament is purposely substracted yea denied them for necessary publike uses Secondly that after the great Seale became common and necessary to most publike affairs in which regard the whole Kingdome and Parliament came to have a right in and power over it so in other respects the King still retained a peculiar interest and prerogative in it in all arbitrary matters of royall grace and favour to which he is no ways obliged in point of Law in which respect it is called The Kings Great Seale As first in cases of generall or particular Charters of pardon Secondly of Indenization or Enfranchisment Thirdly of erecting new Corporations or confirming old Fourthly of dispensing with some kinde of Lawes Penalties and Forfeitures Fifthly of conferring some kinde of lesse publike Offices and Annuities for services performed or to be executed Sixthly of granting new Liberties or Franchises of grace to Corporations or private Subjects Seventhly of creating or conferring new honours on deserving men Eighthly of Licences for mort-maines impropriations alienations consecrations of new Churches or Chappels c. Ninthly of publike collections for persons or townes distressed through fire shipwrack or other casualties Tenthly of private negotiations with forraign Princes States or Subjects and some kinde of Protections Commissions of grace rather then right or justice In all these and such like particulars of meere grace or lesse publike concernment the Kingdome and Parliament neither properly have nor pretend to have any publike right or jurisdiction over the great or petty Seals but leave them absolutely free to the King as if they were his owne private seales alone so far forth as his Charters Pardons Grants Licenses Dispensations Protections Commissions of this kinde are consonant to the Lawes and Statutes of the Realme and not repugnant to them Thirdly the Parliament and whole Kingdom as to all publike affairs of state and the administration of Justice to all the subjects hath committed the making lawfull use power and disposall of the great Seal of England in trust to the King as to the supreame Magistrate and Justitiar over which they never claime a constituting or disposing jurisdiction whiles it is rightly managed according to Law But if this Seale be either wilfully abused or substracted contrary to Law or trust to the prejudice of the Kingdome the obstruction of publike Justice or violation of the priviledges of Parliament and not redressed after severall complaints and Petitions of the Houses to the King for reformation of this grievance Whether the whole Kingdome or Parliament in such a case as this who have authority to remedy the grievances the abuses or wilfull absence of the great Seale have not likewise a lawfull soveraigne power to make a new great Seale and appoint a Keeper of it for supplying the absence regulating the abuses of the old removing obstructions of publike Justice filling up the Commons House by issuing Writs to elect Knights and Burgesses in the places of such as are dead or justly expelled now denied sealing of Writs of Errour in Parliament and other such publike Parliamentary affairs necessarily requiring the presence of the great Seale the proper Seale of the high Court of Parliament which hath no other Seale but it and Lord Chancellour the ordinary Speaker of the Lords House by vertue of his very Office in all ages and so his and the great Seales presence absolutely necessary unlesse dispensed with by the House upon inevitable occasions of absence is the sole question now in debate And under correction in this case and for these

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

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

541. Daniel 〈◊〉 See Holinshed Grafton and others n Annal. pars post p. 746 785. o Spelmani Glossarium p. 128. * Id est Capitali● Justici●● Angliae p Hist. Angl. p. 189. 190. q See Spelman and Then r Matth. Paris Hist. Angl. p. 225 227 237 246 to 254 Matthew 〈◊〉 Holnished Speed and others ſ Annal. p. 814 815. t In dor●● Rotfinium huj●● Anni Spelmanni Glossarium p. 131 132. Th●●s Catalogue of Chancellors u Fox Acts Monuments edit. ult. vol. 1. p. 1334. Speed p. 591. x Matth. Paris Hist. p. 311. Speed p. 599. See Polychronicon Fabian Holinshed Magna Charta it selfe y Matth. Paris p. 324 325. Daniel p. 151. 152. Holinshed Speed Grafton z Bracton l. 2. De 〈◊〉 lesae Majestatis see Stamfords Pleas f. 2. a See the second part of the Soveraigne power of Parliaments p. 48. to 93. b Matth West Daniel in 1. Ed. 1. c Confirmatio 〈◊〉 25 E. 1. Cookes Institutes on it Walsingham hist. Ang. p. 35. to 48. d Articuli super Chartas ch. 2. See Cookes Institutes on these Acts * The people then had power to elect these their Judges and Justices even by Act of Parliament e Chap. 2. * See 3 Ed. 1. cap. 15. * To wit in 1 Edw. 1. or when the great Seal was first introduced in Edward the Confessors dayes * Magna Chart. cap. 29. * See 9 Edw. 1. the correction of the twelfth Chap. of the Statute of Glocester 20 Edw. 1. De Non ponen●o in Assissts 34 Ed. 1. cap. 6. * Our ancientest S●atutes call it indefinitely The great Seale as 2 Ed 3. Stat. 3. c. 8. with others * Matth. West An. 1272. pag 352. Hornes Myr. p. 233. Here p. 15. Daniels Hist. pag. 185. See Walsing. Hist. Aug. p. 1 2. Speeds Hist. p. 646. Walsing. Ypod. Neustr p. 67. * Pag. 15. * Hall Store-Speed Holinshed Grafton * 1 H. 6. p. Rot Parl 1. H 6. Num. 1. c The second Part of the Soveraign power of Parliaments and Kingdoms where I have transcribed these Records at la●ge p. 65 to 70. Object 1. Answ a Soveraigne power of Parliaments part 1 p. 107. to 112. part 2. p. 25. 26. b Ibid. part 2. p. 3. to 20. Appendix p. 163. to 271. c Ibid. part 3. p. 7. 8. part 2. p. 25. 26. d Ibid. part 3. p. 7. 8. g Grimstons History of the Netherlands P. 556. to 667 See the Appendix 184. 185 * Magn. Charta c. 29 e Soveraigne power of Parliament part 2 p. 4●● to 87. h Alvarus P●lagius De planctu Ecclesiae L. 1. Art 56 62. F. 56. Si non ex praesumptione privato sed authoritate publica et communi Rex in Tyrannum conversus vel alius Tyrannus destruetur vel ejus potestas ipsa refrenetut non est putanda talis multitudo infideliter agere Tyrannum destituens te si in perpetu ūance a sibi sc subjecerat quia hoc ipse meruit in multitudinis regimine se non sidelater gerens ut exigit Regis officium quod ei pactum a subditis non servetur c. See the Appendix P. 137. 188 i See Francis Thin in Catalogue of Lord Chauncellors of England The 2 Part of the Soveraigne power of Parliaments P. 41. to 73. k Matthew Paris Hut Ang. p. 415. Matth. West Anno 1222. p. 1●3 Daniel p. 157. Godwins Catalogue of Bishops p. 386. Francis Thin Catalogue of Chauncellors Holinshed Vol. ● p. 1275 The 2 part of the Soveraigne power of Parliaments and Kingdomes p. 48. 49. l Mathew Paris Hist Ang p. 619 to 623. Daniel 161 162 Soveraigne power of Parliaments part 2. p 49. 56. m Walsingham Hist. Ang. p. 143. 300. 3 〈◊〉 312 See the Soveraigne power of Parliaments part 2 p. 57. 58. n See the 2 part of the power of Parliaments p. 70 71 o Speed Holinshed Grafton in 1. R. 5 p See 5 Eliz. c. 18. 13. Eliz. c. 7. 14. Eliz. c. 6. The Act for Trienniall Parliaments * 16. Car. c. 1. * The soveraigne power of Parliaments part 1. f. 8. to 16. * 16 c. 1. * See the second part of Soveraigne power of Parliaments p. 7. 42. * The soveraign power of Parliaments part 1. edit. 2. p. 13. * Halls Chron. 2● Hen. 5. c. 19. Grasion p. 1191 * 9 Hen. 3. c. 29. 2 Edw. 3. c. 8. x See Modus Tenendi Parliament Cambden Holinsh Vowel and Sir Thomas Smith lib. 2. cap. 1. in their Treatises of the Parliament of England with all the Journals and Parliament rolls y 14 E. 3. c. 5. 15. E. 3. c. 4 5. Stat. 1. 31. H 8. c. 10. z Brooke Parliament 7. Dyer 60. a. a 1 H. 7. f. 19 20. Ashes Tables Error 65. b Dyer f. 59. 60 5 H. 4. c. 6. Br. Parl. 11. 1. Jac. c. 23. c Stat of Winchester 13 E. 1. c. 24. 28. Register f. 271. d 14 E. 3. c. 5. and all Acts for Subsidies e See the Soveraigne power of Parliaments pars 2. p. 25. 61 66 67 68 70 71. here p. 2. 3.