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

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.

made to Saint Guthlar and the Abbey of Croyland with his Generall Charter of Priviledges granted to all Churches and Monasteries dated Anno 749. The Charter of i King Ina granted to the Abbey of Glasterbury supposed to be spurious Anno 725. Of k King Offa to the Abbey of Croyland Anno 793. The l Decree of Adardus Archbishop of Canterbury and the Councell of Clovesho An. 803. The Charter of m King Kenulphus to the Abbey of Croyland Anno 8●6 The n Decrees of the Synod of Clevesh● under King Beornwulfe Anno 824. and of the Council of London under King Egbert Anno 833. The Charter of o Witlasius King of M●rcia to the Abbey or Croyland Anno 833. The Charter of King Bertulphus to the same Abbey An. 851. with the p Canons of the Councell of Kingesbury confirmed and subscribed by this King and others the same year with the signe of the Crosse The Charters of q Aeth Iwulphus to the Abbey of Croyland Anno 855. and to all Churches and Monasteries which he offered up to God upon the Altar of Saint Peter t Winchester where the Bshop received it and sent it to all Churches to be published The Charter of r B●orredus King of Merciae to the Abbey of Croyland Anno 860. of * Queen Aethelsw●th to Cuthwulfe An. 868. of king ſ Edmund to the Abbey of Glastenbury An. 944. of t king ●●dred to the Abbey of Croyland An. 948. the charters of u king Edgar to the Abbey of Croyland An. 966. 970. 974. to the x Abbey of Glastenbury An. 965. 971. and to the Abbey of Malmesbury An. 974. his charter of Oswelds Lawes An. 964. his charter to his new Monestery of Winchester An. 966. and another charter Ar. 964. the charter of y King Aeth●lred An. 995. to Vlfric with z his charter of priviledges granted to the Church of Canterbury An. 1006. the a charter of king Knute or Canutus to the Church of our Saviour at Canterbury An. 1018. and to the Abbey b of Croyland An. 1032. of Thorold to the Abbey of Croyland An. 1051. and of King Edward the Confessor to the same Abbey about the yeare 1050. All these ancient Charters of our Kings before the Conquest had no seales at all annexed to them but were only ratified with the signe of the Crosse subscribed by the Kings themselves and these who made them together with their names and with the names and crosses of the witnesses And it is observable that all or most of these ancient charters of our kings which granted any lands or priviledges to Abbeys or Churches were made in full Councels and Parliaments with the unanimous consent and approbation of the Bishops Prelates Abbots Dukes Earls Lords and great men therein present who commonly subscribed them the reason was because none of our ancient kings as I have proved had any power to grant or alien the lands of the Crown which they enjoyed only in the kingdoms right and for its use to any without the consent of their Nobles and people in full Parliament and in most of these Charters Abbeys and Church-lands were exempted from all taxes tallages and temporall services whatsoever except the repairing of high wayes bridges and castles for the common good and c thereby were anciently exempted from Danegeld as I have elsewhere manifested Which of our kings first used a seale is not certainly determined Sir Edward Cook in his Institutes on Littleton fol. 7. a. records that the charter of King Offa whereby he granted Peter-pence doth yet remaine under his seale Now this charter as d Sir Henry Spelman and our e Historians generally in his life record was dated in the yeare of our Lord 793. or 794. and is the first charter scaled if true by any of our kings There is another f Charter of King Edwin of certaine land called Iecklea in the Is●le of Ely bearing date Anno 956. sealed with his owne seale and with the seale of Elfwin Bishop of Winchester I read in Francis Thinne his Catalogue of Chancellours and in Sir Henry Spelman his Glossary fol. 126. 132. that our Saxon kings Aethelstan Edmund Edred Edgar and Aethelred had their severall Chancellors but whether they had any seales or not is uncertaine if they had any it is certaine writes g Sir Henry Spelman that they scarce used them at all or very rarely most of their charters having no seales at all but only crosses or subscriptions of these Kings names and witnesses The very h first of all our Kings who used a large br●ad seale was Edward the confessor who being brought up in Normandy introduced that with some other of the Normans Guises with him and had three Chancellors Vnder this i seal he granted a Charter of sundry liberties and priviledges to the Church of Saint Peters in Westminster Anno Dom. 1066. which was sealed by his Chancellor Reynbaldus as is evident by this his subscription to that deed Ego Reynbaldus Regis CANCELLARIVS relegi SIGILLAVI This is the first Charter for ought appears that ever was sealed with a Royall broa● Seale or by a Chancellor But that all this good Kings charters or any of his writs or commissions were thus sealed by this great scale or that the Chancellor then had the custody of the seale which the Chancellors in the reigne of Charles the great and Ludovicus Pius had not in France as Sir Henry Spelman proves in his Glossary p. 127. out of Capit. l. 2. c. 24. and Eg●lismensis in vita Caroli p 15. and the passage of Ingulphus concerning the office of the Chancellor in his time cited in Spelman seemes to disprove is a non liquet unto me The exact forme of this Kings great seale you may behold in * Iohn Speed together with the various effigies of all our succeeding Kings broad seales prefixed by him before their severall lives Two things there are which in this enquiry after the originall use of our Kings great seales seeme somewhat dubious unto me First when how and by what law or meanes it came to passe that our Kings Charters and Patents ought of necessity to be sealed with the great seale contrary to the primitive usage in former ages or else to be reputed invalid and meere nullities in law Secondly when and by what law or grounds and in what Kings reigne Writs Commissions and other Processe of law began to be issued out under the great seale or else to be disallowed as illegall it being evident unto me that Charters and Patents were usually sealed by some of our Kings before any of their writs commissions or legall processe issued under their seales These two doubts I confesse are beyond my skill exactly to assoile yet this I conjecture as most consonant to truth That k Edward the Confessor being trained up in Normandy and addicted to the customes of the

French then to provide for the safety of those in the East in proper person Which I onely note in the by having omitted it in its due place First to manifest what high esteem our Kings have had of the resolutions and advise of their Parliaments to which they wholly submitted their owne judgements acquiescing in their resolves Secondly to evidence the Soveveraigne power of Parliaments over our Kings then who might not desert the Realme not take any new honour or dominion upon them without their previous consents and advice Thirdly to shew the dutie of Kings to their Subjects and Kingdomes King Richard the first succeeding his Father Henry the second rather by Election then Succession and d not stiled a King by our ancient Writers before his Coronation was the first of all our Kings as Our e Writers accord who sealed with a Seale of Armes all our former Kings seales being but the Picture of the King sitting in a Throne on the one side of the seale and on horse-backe on the other side in divers Formes with various inscriptions of their Names and stiles which you may view in Speed But this King bare two Lions Rampant combatant in a shield in his first and three Lions passant in his latter Seale borne ever after by our Kings as the Royall Armes of England His first f Chancellour was William Longchamp Bishop of Ely Legate to the Pope whom hee made his Vice-Roy and Iusticiar of England when hee went to the Holy Land against the Saracens committing the Kingdome to his Government chiefely who infinitely oppressed and tyrannized over it as all our Historians evidence g Matthew Paris give this Character of him Erat idem CANCELI ARIVS MAXIMVS inter omnes occidentales REX ET SACERDOS in Anglia qui omnia pro nihilo ducebat cum Episcopali tantum dignitate non contentus nimis alta se sperare denotavit In prima namque Literarum suarum fronte vanitatem elationem expressit cum dixit Willielmus DEI GRATIA commonly used before in and since that age by and to Bishops Popes Abbots in publique Writs as well as Kings as the h Marginall Authors manifest Eliensis Episcopus DOMINI REGIS CANCELLARIUS totius Angliae Iustitiarius Apostolicae sedis Legatus c. Has autem dignitates quos pretio obtinuerat immoderato excessu exercuit volens locellos quas in earum impetratione evacuerat reficere c. This Chancellour as is probable had the custody of one part of the Seale in this Kings absence for the better administration of justice though the King carried the other part of the great Seale with him into the warres pretended to be there lost as you shall presently heare I finde divers of this Kings Charters Letters Writs before and after his voyage to the Holy-land recited in i Hoveden These Charters which questionlesse were sealed with his Seale were subscribed by sundry witnesses the Writs and Charters concluding with a Teste meipso apud Chinonem c. The Charter of the Manor of Sadburgh to Hugh Bishop of Durham is thus dated Datum anno primo regni nostri 18 die Septembris apud Eatingat per manum Willielmi de longo campo CANCELLARII NOSTRI During this King Richards imprisonment in Germany Henry the Emperour sent Letters to the Nobles of England for this King by William Longchamp his Chauncellour AUREA BULLA IMBULLATAS in hac forma sealed with a golden Bull in this forme And soone after this k Chancellor William Briwere and others concluding a peace betweene this King and Phillip King of France authorized thereto by the Kings Letters Patents these Commissioners not onely sware to but sealed the Articles of this truce as this close of it manifests Quae omnia praedicta ut rata permaneant inconcussa ego Willielmus de Rupibus ego Joannes de Pratellis ego Willielmus Briwere per praeceptum Regis Angliae Domini nostri SIGILLORUM NOSTRORUM ATTESTATIONE ROBORAVIMUS Actum Meduneae Anno ab incarnatione Domini 1193. octav● Idus Julii And the very next yeere the l Letters and instrument of the truce made between these two Kings by Drogo and Anselme and sworne by them in the French Kings behalfe have this conclusion Et nos ut omnia praedicta firma sint stabilita universa praedicta SIGILLIS NOSTRIS ROBORAVIMUS Actum inter Vernelium Thilers Anno incarnati verbi 1194. 23 die Iulii King Richard being released this very yeere which was the sixt of his raigne out of prison and new crowned among other oppressve projects to raise moneys to maintaine his warres which made him an extraordinary oppressiour of his people m caused a NEW BROADE SEALE TO BE MADE the portrayture whereof you may view in Speed pretending that the old was lost when Roger his VICE-CHANCELLOR was drowned before Cyprus and that his CHANCELLOR during his imprisonment had abused THIS SEALE whereupon he tooke it from him requiring and cōmanding that all persons as well Clergy men as Lay men who had Charters or confirmations UNDER HIS OLD SEALE should bring them in to be renued UNDER HIS NEW SEALE and unlesse they did so that nothing which had beene passed BY HIS OLD SEALE should be ratified or held good in Law By which device he drew a great masse of Money to his Treasury subscribing his new-Sealed Charters thus This was the tenor of our Charter under our first Seale which because it was lost and at the time of our being captive in Almayne in the power of another WE CAUSED TO BE CHANGED c. Which n Hoveden thus relates Et imputans Cancellario suo hoc per ipsum fuisse factum ABSTULIT AB EO SIGILLUM SUUM facit sib NOVUM SIGILLUM FIERI tum quia CANCELLARIUS ille operatus fuerat inde minus discrete quàm esset necesse tum quia SIGILLUM ILLUD perditum erat quando Rogerus malus catul●o VICE-CANCELLARIUS SUUS submersus erat in maeri ante insulam de Cypro praecepit Rex quod OMNES tam clerici quam laici qui Chartas habebant venirent AD NOVUM SIGILLUM SUUM ad Chartas suas renovandas nisi fecerint NIHIL quod actum fuerat PER SIGILLUM SUUM VETUS RATUM HABERETUR Praterea Rex statuit torniamenta fieri in Anglia Chartasua confirmavit c. making them also a money matter By which passages it is apparent First that all these Kings Patents Charters were sealed with his great Seale Secondly that the abuse losse or absence of the great Seale is a sufficient cause to make a new one Thirdly that the profit made by the great Seale and project of raising moneys by new Charters sealed with it was the true originall cause all sealing of Charters and VVrits with his Seale and making it simply necessary in Law there being no publique resolution or

together with all the Officers of that Court their Oathes and Fees So 34. H. 8. c. 26. enacts that there shall be severall Originall and judiciall SEALES MADE for the severall Counties and Circuits of Wales prescribes the severall parties that shall keepe these seales what Writts and Processes they shall seale with them and what fees they shall take for them as you may read at large in the Act. In like manner the statutes of 32. H. 8. c. 45. 33. H. 8. c. 22. enact the Court of Wards Liveries to be a Court of Record and that they shall have ONE SEALE to be engravin and made after such form fashion and manner as shall be appointed by the Kings Highnesse which shal remaine and be ordered as is afterward declared in those Acts prescibing who shall keepe it how it shall be used and what Fees shall be paid for it And 32. H. 8. c. 45. ordaines a particular SEAL for the Court of first Fruites and Tenthes which it erects with the Officers that shall keepe it their Oathes and Fees for sealing with it True it is these Statutes leave the forme and fashion of these Seales last mentioned to the Kings appointment which they might have likewise prescribed as in the former Acts being is matter of no great moment but the Keepers use ordering and fees of all these Seales are punctually limited by the Parliament and not left arbitrary to the King And to trouble you with no more Acts of this nature the statute of 1. E. 6. c. 2 enacts That all Arch-Bishops and spirituall persons under the paine of a Premunire even in the Kings Ecclesiasticall Courts shall make out all their Processes in the Kings name with the Kings stile as it is in Writs originall and judiciall at the Common Law and shall from the first day of I●ly have IN THEIR SEALES OF OFFICE THE KINGS HIGHNESSE ARMES DECENTLY SET with certaine Carects under the Annes for the knowledge of the Diocesse and shall use NO OTHER SEALE OF JURISDICTION but wherein his Majesties Armes be engraven Here the expresse forme as well as use of these seales is prescribed by the Parliament and not left Arbitrary to the King or Bishops If then our Parliaments in all these cases have thus prescribed New Seales of the Kings for his Courts and Officers together with the forme custody use and fees of them in these severall Acts why they may not likewise enjoy the making of a New broad Seal to supply the absence of the old in the cases fore-mentioned I cannot yet discover it being the Parliaments Seal and GREAT SEAL OF-ENGLAND and so commonly stiled in sundry printed statutes as well as the Kings in respect of the publike justice and affaires of the Realme of England and Parliament which represents it If the Major Bayliffes Bishop Dean President of a Colledge Mr. of a Company Abbot or Prior or chief Justice shall detaine or withdraw the common Seales of their severall Corporations or Courts the Common Counsell Aldermen Chapter Fellowes Livery-men and Courts may doubtlesse lawfully make new Seales without yea against their consents and use them too for their common affaires without injury or forgery And why the Parliament then may not in such cases make a new great Seale of England by like reason without the Kings consent when the old their onely Seal is purposely withdrawne and kept from them to hinder their proceedings I cannot yet discerne If any here object First that it is High Treason both by the Common and Statute Law to counterfeit or make the Kings great Seale without his privity or consent as is evident by Glanuil Bracton Britton here forecited 3 E. 1. c. 15. 25. E. 3. Stat. 5. C. 2. of Treasons 5. H. 4. C. 15. 27. H. 8. C. 2. 1. E. 6. C. 12. 1. Mar. Parl. 1. C. 6. Stamford L. 1. C. 1. Brooke Treason 3. 13. 17. Cromptons Iurisdiction of Courts 69. and generally all our Law-bookes Therefore for the Parliament or any else by their command to make and use a new broad Seale I answer 1 That this is true onely of private men who make a broad Seale by their owne particular Authority in deceite of the King and Kingdome not of the Parliament or any imployed to make or use it by their Authority The Parliament the Supreamest Power of all others being uncapable of Treason and out of the words and intention of the seand all Acts concerning Treason as I have a elsewhere proved at large to which I shall referre you Secondly the King hath his great Seale of England not in his owne particular but the Kingdomes and peoples right alone as their publique Minister and servant for their use and benefit the Kingdome and Parliament which represents it being the b Proprietors of this Seal which upon the Kings decease is ever surrendred to the successor King as belonging to the Kingdome as the seales of other Corporations goe to the Mayors Bishops Deanes Abbots Presidents Succesors not their Heires Executors or Administrators as other mens Seals doe The Kingdom and Parliament therefore being the true Proprietors of it as it is the publique Seal of the Kingdome not the King may lawfully give order for the new making of it even without the King in case of necessity when it is unduly withdrawn with-held Thirdly the Forging of the great Seale is high Treason onely as it is the c Kingdomes common Seale not the Kings private and particular Seale and an offence against the Kingdome and King himselfe only in his politick publike capacity as head of the Kingdome not in his private whence counterseiting of the Kings signe manual privy signet or privy Seales were no high Treason at Common Law being no publike but rather private Seales of the Kings till they were made so by 27. H. 8. c. 2. since repealed by 1. E. 6. c. 12. 1. Mariae Sest. 1. c. 1. Rastall Treason 13. and so no Treason at this day even as the compassing of the Kings death is no Treason considered onely as he is a private man but as a d publike person invested with his politick Royall capacity If then the Parliament the representative body of the Kingdome against which all treason in counterfeiting the Great Seal are principally committed the true proprietory of this seale shall order a New great Seale to be made or used for the service of it selfe and the Kingdome in this case of necessity it cannot possibly be high Treason in them or their Agents for then they should be Traytors to and against themselues and suffer for an Offence against themselves and the Realme done by their owne Votes and assents in Parliament Fourthly the counterfeiting of the Great Seale mentioned in those Law bookes and Statutes is that onely which is secret fraudulent traitorly in deceit of the King Kingdome Subjects f like to counterfeiting of false many ever joyned with it by private persons as our Law Bookes and

French which he introduced with him did first of all bring in the sealing of deeds which I gather from the words of l Ingulphus Abbot of Croyland who flourished in his reign and writes thus of him Coepitergo tota terra sub Rege sub aliis Normannis introductis Anglicos ritus dimittere Francorum mores in multis imitare Gallicum idioma omnes Magnates in suis Curits tanquam magnum Gentilitium loqui CHART AS ET CHIROGRAPHA SVA MORE FRANCORVM CONFICERE propriam consuetudinem IN HIS in alius erubescere Now the French Kings long before his dayes used to seale their charters with golden Bulls as m Franciscus Rosierius and Sir n Henry Spelman testifie there being divers charters of King Dagobert Sigebert and Pipin yet extant under golden Bulls as they record and Charles the Great descended of Pipin was the first Emperour of the Romans which sealed charters with a golden Bull as o Polydor Virgil attests p Flodoardus also recording that Charles the Bald An. Dom. 867. sealed with a Bull of his name Bull a sui nominis sigillavit In imitation of whom q Edward the Confessor as it is probable caused a great Seale to be made which none of his Predecessors used and there with sealed two of his three Charters of priviledges and Donations granted to the Abbey of Westminster to which he was a speciall benefactor the copies of which you may read in r Sir Henry Spelman witnesse this close of his second charter Chartamistam conscribi ET SIGILLARI IVSSI ipsam manu mea signo sanctae CRVCIS impressi idoneos te●●es annotari praecepi ad corraborandam After which his owne subscription with the signe of the crosse followes and the subscriptions and crosses of sundry Bishops and Abbots after them Ego Raynbaldus CANCELLARIVS ✚ then follow the subscriptions of Dukes and other the Kings Officers with this conclusion Acta apud Westmonaster quinto kal Ianuarii die sanctorum Innocentium Anno Dominicae Incarnationis 1066. Indictione tertia Anno Regni serenissimi Edwardi Regis 25. Swyergarius Notarius ad vicem Reynbaldi Regiae dignitatis Cancellarii hanc Chartam scripsi subscripsi in Deinomine foeliciter Amen With this close of his third Charter dated the same year and day Vt ergo hac auctoritas nostris futuris temporibus circaipsum sanctum locum perenniter firma inviolata permaneat per omnia tempora illaesa custodiatur atque conservetur ab omnibus Optimatibus nostris Iudicibus publicis privatis melius ac certius credatur Manus nostrae subscriptione subter eam decennius roborare idoneos testes annotare ATQVE SIGILLO NOSTRO IVSSIMVS SIGILLARI ● Ego Edwardus Deigratia Anglorum Rex hoc privilegium jussi componere compositum cum signo Dominicae CRVCIS confirmando impressi ✚ then follow the subscriptions of divers Bishops and Abbots with crosses next to them Ego Reynbaldus Regis CANCELLARIVS relegi ET SIGILLAVI ✚ next ensue the subscriptions of some Dukes Officers and Knights with crosses next the date of the place day yeare of Christ and the Kings reigne with Ego Alfgeatus Notarius ad vicem Reynbaldi Regiae dignitatis Cancellarius hoc privilegium scripsi subscripsi In Dei nomine foeliciter Amen From which Charters and Subscriptions we may observe First That this King Edward though he added his great Seal to his Charters yet he retained the ancient forme of confirming them with the signe of the crosse and the subscription of his owne name and the names of witnesses which continued long after till Edward the first his reigne if not longer though since discontinued Secondly That the Chancellor in his dayes though he subscribed his name after Prelates and Bishops yet hee did it before Dukes Earles and all other temporall Lords therefore hee was then no doubt the chiefest temporall Officer and hath so continued ever since What the dignity and office of the Chancellor was in this Kings reigne and before appeares by Ingulphus his history of Turketulus ſ Chancellor both to King Aethelstan Edmund and Edred successively and the second Chancellor we read of in our Realme who was then PRIMVM PRAECIPVVM ET A SECRETIS FAMILIARISSIMVM This t Turketulus writes he descended of the blood royall being Nephew to King Edward the elder who for his merits would have matched him to divers rich Noblemens daughters but he refused them leading a single life After which he would have promoted him to a Bishoprick for his learning and holinesse proffering him first the Bishoprick of Winchester and afterwards the Archbishoprick of Canterbury very often and to preferre him before all his other Clerks but he rejected those dignities with various excuses and utterly abhorred them all his life tanquam tendiculas Sathanae ad subvertendas animas As the snares of Satan to subvert soules Such were Lord y Bishopricks esteemed even in that blinde age which may be further ratified by this monkish story related out of the Promptuary of the Disciple and Arnoldus in u the Flower of the Commandements of God That a Monk of Clervaulx was chosen to be Bishop the which refused it against the will of his Abbot and of the Bishop and soone after died Who appearing after his death to his familiar he demanded of him if the disobeysance before said had noyed him he answered that nay and afterward said If I had taken the Bishoprick I had beene damned and said moreover an horrible word The state of the Church is come unto this that she is not digne to be governed But of ill Bishops c. But to returne to our story Tarketulas refusing the glory of this terrene dignity and transitory honour of a Bishoprick the King at last made him his Chancellour ut quaecunque negotia temporalia vel spiritualia Regis judicium expectabant illius consilio decreto tam sanctae fidei tam profundi ingenii tenobatur omnia tracturantur tractata irrefrag●bilem sententiam sortirentur Consilio ergo illius multa bona opera c. off●cis After which he addes he was a man of greatest power and authority with these three Kings both for his incomparable wisdome and valour he had sixty Manners of his own six whereof he gave to God and the Abbey of Croyland where he became Abbot and the residue to the King and vast treasures of jewels and money yet in all this greatnesse his Title of Chancellour was his highest dignity as Ingulphus manifests Therefore it was then no doubt the most eminent office Thirdly that in those times x it was one chiefe part of the Chancellors office by himselfe or his Notaries and substitutes to dictate and write all the Kings Charters Patents Writs and to subscribe them as a witnesse whence Turketulus when he was Chancellor writ or dictated most of

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

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

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

all and in their default or neglect the Free-holders and Citizens of each County City and Borough are enabled to elect Knights Citizens and Burgesses without any Writ at all and the Election and Parliament to be as effectuall as if summoned under the great Seale of England If then a Parliament may be thus summoned by the Lord Keeper himselfe by a Writ under the great Seale without the Kings privity or contrary to his Command or by a Writ under the Lords Seals only or without any Writ at all in some cases and that by expresse provision of an Act made this Parliament why this Parliament may not by as good or like reason now it is assembled and perpetuated by another Act make a new great Seale to seale Writs of Election or grant out their Writs without the great Seale by an Ordinance of Parliament onely to compleat the Houses now the great Seale hath beene so long absent and such Writs refused to be issued under it though oft desired without any danger of Treason or derogation to the Kings Prerogatives I cannot yet dicerne It being farre lesse for a sitting Parliament in this case to make a new great Seale or issue out Writs of Election without the Kings privity now in Armes against it to recrute it s own Members then for the Chancellour Keeper Lords or Commons themselves out of Parliament thus either with or without Writ to summon and hold a Parliament without yea against the Kings assent his Proclamations or Inhibitions to the contrary And those fundamentall principles of Law State-policy with that soveraigne power of the Parliament and Kingdome above our Kings which induced both Houses thus to make and his Majestie readily to assent to this late Act for the common benefit and safety of the Realm in case of His Owne or the Lord Keepers wilfull neglect or refusall to doe their duties will doubtlesse inable the Houses now sitting to make a new great Seale or issue out Writs of Election Errour and the like either under it or without it during the voluntary absence of the King Lord Keeper and great Seale from the Parliament contrary to Law Custome Duty Oath of purpose to compleat the Houses and expedite publike Justice obstructed by their absence And the rather may the Parliament doe it in case of Writs of Election because such Writs with the Elections made by vertue of them have usually beene ordered formed issued our determined judged onely by the Parliament and Writs for new Elections by reason of death or removall have constantly issued out of course by Order or Warrant from the Speaker or Commons House onely without speciall Warrant from the King himselfe without refusall or deniall as is evident by the Statutes of 5 Rich. 2. cap. 4. 7 Hen. 4. cap. 15. 11 Hen. 4. cap. 1. 8 Hen. 5. cap. 1. 6 Hen. 6. cap. 4. 8 Hen. 6. cap. 7. 10 Hen. 6. cap. 2. 23 Hen. 6. cap. 11. 32 Hen. 6. cap. 15. 8 Hen. 8. cap. 16. 35 Hen. 8. cap. 11. Br. Parliament 7. Dyer f. 60. Cromptons Iurisdiction of Courts f. 3 4 16. Neither can they be denied o● the Houses kept incompleat against their wills by his refusall without apparent breach of the priviledge of Parliament yea of Magna Charta it selfe as the Lords resolved An. 1256. in Henry the third his reigne and the whole Parliament since 1 Hen. 4. Rot. Parl. num 21 22. as I have * elsewhere proved From all which Authorities I humbly conceive the Parliament may lawfully in the case fore-stated both make a new broad Seale and Keeper of it to fill up the Houses and redresse the obstructions of Justice of Parliamentary proceedings occasioned by the great Seales absence To these authorities I shall annex the ensuing Reasons both of Law and State First the Parliament the supreame power and Judicature in England having the chiefe interest and propriety in the GREAT SEALE OF ENGLAND in respect of ●●s publike use may lawfully new make and use that Seale which is it own in respect of property and use and the Kings only as their publike Minister Secondly that the Parliament being the chiefe State-physician of the Realme may and ought by Law to redresse all publike grievances therefore the grievances and obstructions of Justice occasioned by the old great Seale and Lord Keepers absence or abuse by making new Thirdly the Parliament may and ought to supply all defects defaults of State Officers Laws Affairs prejudiciall to the Realme Hence it alwayes hath supplied the Minority Detage or Absence of our Kings by constituting a Vice-Roy of their own election to exercise all royall Authority the absence of the Lord Keeper or Speaker of the lower House when sicke by substituting others to supply their places the defects of the Common Law by new Statute-Laws and providing new Laws Courts Seale against new mischiefs not remediable by old Acts. This appeares most lively by the Act for Trieniall Parliaments forecited wherein the wilfulnesse and negligence of the King is ordered to be supplied by the Lord Keeper the Lord Keepers by the Lords the Lords by the Sheriffs of Counties Majors and Bailiffs and theirs by the Freeholders Citizens and Burgesses The Councell of Basil and others * forecited are to like purpose and the Statute of 25. Hen. 8. c. 21. which Law abolishing the Popes authority enables the Archbishop of Canterbury to grant all Ecclesiasticall Licences and Dispensations here which the Pope alone formerly granted at Rome and then provides that in case the Archibishop should wilfully and obstinately refuse to grant such Licences and Dispensations to those who demanded them without a just and reasonable cause that then an Injunction should issue out of the Chancery under the great Seale to him commanding him to grant them and if he then wilfully refused to doe it that then the King upon every such default and wilfulnesse should grant a Commission under the great Seale to any two Prelates or spirituall persons that would grant them by an instrument in writing under THEIR SEALES The Parliament therefore now summoned and sitting by like reason lawfully may and is bound in duty to supply the present wilfull absence of the Lord Keeper and great Seale treacherously carried from it beyond expectation contrary to promise and so long detained thence by constituting New ones in their places It was one principall Article preferred by * the Parliament against Cardinall Wolsey That when he was sent Ambassadour into Flanders to the Emperour he carried the Great Seale with him without the Kings consent for which he was displaced and fined Much more then may the Parliament displace the Lord Keeper for carrying away the great Seale the onely Seale of this high Court in a surreptitious manner from them contrary to his duty without and against their consents and make a new great Seale and Keeper in lieu of the old Fourthly the Parliament is bound to take care That publike Justice according to *

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.