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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

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

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 Administration for the better Execution of Publike Justice the Republique necessary Safety andVtility 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 Esther 8. Write ye also for the Jews as liketh you in the Kings name AND SEAL IT WITH THE KINGS RING for the Writing which is written in the Rings name AND SEALED WITH THE KINGS RING may no man reverse It is this fifteenth day of September Anno Dom. 1643. Ordered by the Committee of the House of Commons concerning Printing that this Treatise intituled The Opening of the Great Seale of England be forthwith Printed by Michael Sparke Senior JOHN WHITE LONDON Printed for MICHAEL SPARK Senior 1643. TO THE READER COurteous Reader having copiously answered refuted all Royalilists Malignants Papists clamorous Objections and Primitive Exceptions against the Proceedings of this present Parliament in FOUR severall Treatises lately published concerning The Soveraigne Power of Parliaments and Kingdoms which have given good satisfaction to many and silenced the Penns the Tongues of most Anti-Parliamenteers who have bin so ingenuous as seriously to peruse them I yet finde a New grand Objection lately started up and much insisted on among these Opposites by reason of the Commons late Order for making a New Great Seal now almost finished to supply the wilfull absence defects abuses of the old to the extraordinary prejudice dammage danger of the Houses Kingdom and delay of publike Justice which though sufficiently answered in the generall by sundry passages and Histories scattered in the former Treatises yet because not so particularly or fully debated as the consequence of this extraordinary weighty Act and the querelousnesse of the clamorous Opposites require I have therefore upon the motion of some friends to stop up this New-Breach and Clamour speedily collected and published by Authority these ensuing Historicall and Legall Observations concerning the Originall Antiquitie Progresse Use Necessity of the Great Seal of the Kings and Kingdome of England with reference to Sealing of Charters Patents Writs Commissions other Processe and given thee a summary account of the Kings Kingdoms Parliaments severall Interests in and Power over the Great Seal and the Lords Keepers of it too both in respect of its New-making Custody Administration for the better execution of publike Iustice the Republike necessary safety and utility clearing all contrary Objections of moment which I here submit to thy charitable Censure and Acceptation imploring thy Pardon and Direction in case I have casually erred out of Ignorance or Humane Frailty in tracing this Untrodden dangerous narrow Path wherein I finde no Footsteps or onely very obscure ones to direct my course Farewell THE OPENING OF The Great Seale OF ENGLAND NOt to enter into any impetinent tedious Discourse of the Antiquitie or use of Seales in generall which were very anciently used both by the Nations and Kings of the Jewes Persians Medes Babilonians and others as is manifest by a sundry Texts of Scripture to omit prophane Stories it is a question much debated among Antiquaries Historians Lawyers How ancient the use of Seales hath beene among the Kings of England in what age upon what occasion by what degrees they grew to be absolutely requisite for the ratification of Charters Patents Writs Commissions and other Processes The first originall Antiquitie of Seals among our Kings is very uncertain for it is apparent past all contradiction b that our ancientest Kings Charters Patents had no Seals at all annexed to them being ratified onely with the Signe of the Crosse oft-times in golden Characters the subscription of our Kings names with the names of divers Bishops Abbots Nobles Clerks and others under them as Witnesses who all made the signe of the Crosse before or after their subscriptions as is most evident by sundry ancient Charters of our English Saxon Kings yet extant in old Leger Books of Abbeys in Sir Robert Cottons Library and by the printed Copies of them in the Histories of Ingulphus M●lmesbury Hoveden Matthew Paris Matth. Westminster Holinshed Mr. Fox Mr Cambdens Britannia M. Seldens Titles of Honour History of Tythes Notes to Eadmerus Sir Henry Spelmans Councils and Glossary Sir Edward Cooks Preface to his 4 and 6 Reports his Institutions on Littleton and Magna Charta Joannis Pitseus Relatio Histor. de rebus Angl. Cl. Reynerus Apostolatus Benedictinorum in Anglia M. Lambard his Perambulation of Kent and Archaion Bishop Vshers Britannicarum Ecclesiarum Antiquitates with others which Charters though without a Seale have c ever been reputed as valid firme in point of Law from time to time and so admitted by our Judges Kings Parliaments as any punier Charters sealed with our Kings Great Seals To give you some few instances of the ancientest Charters of our Kings before the Conquest which I finde not sealed but thus subscribed King d Aethelbert Anno 605. made two Charters the first to the Church of Saint Pancras the other to the Monastery of Peter and Paul to be erected at Canterbury which are thus confirmed with the Signe of the Crosse not sealed ✚ Ego Aethelredus Rex Anglorum hanc donationem meam Signo sanctae Crucis propria manu confirmavi After which follow divers other witnesses who confirm it with the same signe There is extant a Bull of Augustine the first Bishop of Canterbury of an exemption granted by him to this Monastery with a Leaden Seale annexed to it the forme whereof you may view in e Sir Henry Spelman who suspects both these Charters with Augustines Bull and Seale the sealing of Buls being not so ancient and Leaden Buls being first brought in by Pope Adrian about the year of our Lord 774. as Polydor and others observe to be meer Counterfeits upon good grounds There is another Charter of the same King of Lands given to the same Monastery dated Ar. 610. subscribed as the former The next ancient Charter I finde is that of f Withred King of Kent dated An. Dom. 695. who the same year confirmed the great Councell of Beca 〈◊〉 with the signe of the Crosse such subscriptions as are aforesaid To these I shall adde the suspected Charter of g King Kenred and Offa. Anno 709. with the Charters of Egwin Bishop of Worcester Anno 709. The Charter of h King Eth Ibald An 718.

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

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

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