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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

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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
Act for Continuance of this Parliament 5. Every other Court of Justice hath a peculiar Seale and the Parliament the supremest Court of England hath no other Seale but the Great Seale of England which being kept away from it hath now no Seale at all and therefore a new Seale ought to be made 6. This Seale is Clavis Regni and therefore ought to be resident with the Parliament which is the representive body of the whole Kingdome whiles it continues sitting the King as well as the Kingdome being alwaies legally present in it during its Session FINIS Errata Omissions IN the Humble Remonstrance p. 6. l. 2. 5 R. 2. c. 2 3 10 E. 4. c. 3. omitted p. 21. l. 26. Sancitum p. 25. l. 37. Acres r. Hydes p. 27. l. 21. And. p. 29. l. 9. Mariners p. 31. l. 7. nec In the Opening c. p. 5. l. 4. hoc r. hanc a Gen. 38 18. 25 Exod 28. 21 c 3● 6. Deut 31 43. Iob 14. 17. c 33. 16 c. 37 7 c. 38. 14 c 41. 15. 1 King 21. 8. Neh 9. 38 c. 12. 1. Est c. 3 12. c 8 8. 〈◊〉 Ier. 22 10 11 14 24. Cant. 8. 6. Isa 8. 16. Dan 6 17. c. 12. 4 9. ● 9. 24 Ezek 28. Mat. 27 66 Iohn 3. 33. Rom 4. 1. 1 Cor 9. 2 Tim 2. 19 Revel. 5 1 5 9. c. 6 1 3. 12. c 7. 1 3 c. 8 1. c 9 4. c. 10. 4 c. 20. 3. c 22. 10 Polyd Virgi 〈…〉 8 c 2. b See Ingulp Hist. p. 901. Termes of the Law Tile Fai●s ● 94 Cooks Institutes on Littleton ● 7. a. c See 3 H. 7. 25 26. Cookes Preface to the 4. Report Termes of the Law Ti●le Faits d Spelman Concil. Tom 1. p. 118 119. to 126. e Spel. Gloss Tit Bull p 108. Pol. Virg. De Iuven. Rerum l 8. c. 1. f Spelman Concil Tom. 1. p 189 to 194. g Spelm. Ib. p. 207 208 209 210. h Ingulph Hist. ● 851. 852 Spelm Concit p. 256 257. i Spelm. Ib p. 227 to 231 k Ingulph Hist. p. 853 854. l Spel. Concil. p 324. 324. m Ingulp Hist p 854 855. n Spel. Concil. p. 335 338 339 o Ingulph Hist. p 855 to 857 868. to 862. p Spel. Concil. p 346 347. q Ingulp Hist. p. 862. Matth. Westn An 854 834. Spel Co●c p 350 to 354. M●lm shurtensis De est Reg. Angl l. 1 c. 2. p 41. r Ingulp Hist. p. 8●3 864. * Cooks Ep. to the 6 Report ſ Ma●mesh de Gestis Regum l. 2. c. 7. p. 53 54 t Ingulph hist. p. 874. to 877. Spelman Concil. p. 428. u Ingulph hist. p. 880. to 886. x Malms de Gestis Regum l. 2. c. 8. p. 56 57 Spelman Concil. p. 485. 486. 488. 489. 432. to 435 I. Seldeni ad Eadmerum notae p. 1 9 160 Cooks Preface to the 4 Report y Cooks Preface to the sixth Report z Spelman Concil. p. 504. to 510. a Spelman p. 533. b Ingulph hist. p. 893 913 914. c Remonstrance against shipmoney pt d Concil. tom. 1 p. 308 310 311 312. e Huntindon Antiquitates Ecclesiae Brit. ●o● Polychronicon Holins● Grafton Speed and others f Cooks Instit. on Lit. f. 7. a g Glossar p 127 See Tearms of the Law title Fairs h Speeds hist. p. 415. terms of the law f. 94. i Spelman Gl●ssar p. 126. * Hist. of Eng. p 409. k Tearms of the Law Tit. Faits f 94. Speed hist. p. 415. l Hist. p. 895. m In Apparatu a Stemmata Lintharogie n Glossar tit. ●ulla aurea p. 106 107. o De Invent Rerum l. 8. c. 2. ●ce Ioan. Zonarae An Tom. 3. f. 147. c. p Host ●●len Eccl. l 3. c. 17. q Speeds hist. p 415. Tearmes of the law f 94 r Concil Tom. 1. p. 630. to 637. ſ Thin●Catalog of Chancelors in Holinshed vol. 3. col 1160. c. Spelman Gloss. p. 132. t Ingulph hist. p 872. to 892. Spelman Gloss. p. 126. u Fol. 227. printed by Winkin de Word at London An. 1521. x See Spelmanni Glossar tit. Cancellarius p. 125. to 127. y Spelmanni Gloss. p. 127 128 z Speeds hist. p. 415. a See Rastals Tearms of the Law tit. Faits b History p. 901. c Malmesbury Matthew Paris Ladmerus Huntindon Hoveden Polycron Holinshed Speed Daniel and others in his life d Speeds hist. p. 440 450. e In Thinns Catalogue and Spelman Gloss p. 132. f History p. 912. g Page 165 166. see the forme of his seale in Speeds Hist. p. 435. h History p. 450 451. * I doubt Hoplands hops and hop-yards were not then in use i Holinshed vol. 3. col 1260 to 1280. k Glossarium p. 132 133. l Matth. Paris p. 53 54. Eadmerus l. 3. p. 55. Malmes. de Gest Reg. L● Hoveden Holinshed Matth. West ●abian Polychron Caxton Grafton Stow Damel in 1 Hen. 1. Speed p. 407. m Delatae literae repos●● in tuo sigillo ●adme l. 4. p. 86. n Fa●merus ibid. p. 101. * Eadmer Nov. l. 4. p. 101. o Malms Novel l. 1. p. 170. Huntind Matt. Paris Hoveden Mat. West Speed Holmsh Daniel in his life An. 1. p Annal. pars poste p. 529 530. see Matt. Paris p. 120 121 122 124 125. q Hoveden Annal pars posterior p. 560. to 566. Mat. Par p. 127. see Holinsh and Speed in his life r Hoveden An. pars post p. 570. 571. Mat. Paris p. 128. see Holinsh Grafton Speed Daniel Fabian ſ Annal. pars post p. 572. t Matth. Paris hist p. 94. Antiquitates Eccles. ●rit. p. 122. Godwins Catalogue of Bps in the life of Becket Thins Catalog of Chancelors Holinshed in Hen. 2. u Annal. pars post p. 748. * Geoffry y Lib. 2. Tit. de Crimine lesae Majest. z Lib. 1. c. 8. f. 16. Stanfords Pleas lib. 1. c. 1. a Annal. pars poster p. 551 552 553. b Mat. Pari● hist. Angl. p. 157. Hoveden p. 358. Fabian par 7. p. 353 354. Polychron l. 7. c. 24. Speed p. 522. c Mat. Paris p. 47. 64 69. Hoveden Annal. pars poster with others d Speed hist. p. 530. e Speed hist. p. 541. Daniels hist. p. 125. Cook Instit. on Littletons 7. a. f See Hoved●n Mat. Paris Nubrigen Mat. Westm. Holinsh Speed Grafton g Hist. Angl. p. 155 156. h Eadmerus hist. p. 12. 36. 201. Hoveden Annal. p. 459 498 504 505 509 512 513 523 524 530 538 575 643 611 670 677 707 712 718 721 741 763 766 782. i Annal. pars post p. 658 662 667 676 698 700 726 730 732 734. 743. 748. Matth. Paris p. 106. Spelmanni Concil. p. 142 395. Mr. Seldens Titles of Honour p. 123. to 128. Register pars 1 f. 286 392. to 328 pars 2. 2. f. 3. p. 22 3. 30 33 35 38 44 54 55 60 62 part 35. 22. 26. 29. 31. 35. 42. 47. Fitz. Nat. Bre. f. 132. k Hoveden Annal. p 726 7●9 730. l Hoveden Annal. pars post P. 741 742 743. m Hoveden Annal. pars po●t p. 746. 785. Speeds Hist. p.