The Opening of the Great Seal of England, Treatise

The Opening of the Great Seal of England · Treatise

p. 1THE 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 byaaGen. 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.Gen 38:18Gen 38:25Exod 28:21Deut 31:43Job 14:171 Kgs 21:8Neh 9:38Esth 3:12Jer 22:10Jer 22:11Jer 22:14Jer 22:24Song 8:6Isa 8:16Dan 6:17Ezek 28Matt 27:66John 3:33Rom 4:11 Cor 92 Tim 2:19Rev 5:1Rev 5:5 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,bbSee Ingulp. Hiſt. p. 901. Termes of the Law. Tile Fai…s, …. 94 Cooks Inſtitutes on Littleton, … 7. a. that our ancienteſt Kings Charters, Patents had no Seals at all annexed to them, being ratified onelyonly 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, p. 2Holinſhed, Mr. Fox, M^r 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 Ʋſhers Britannicarum Eccleſiarum Antiquitates, with others; which Charters, though without a Seale, haveccSee 3 H. 7. 25 26. Cookes Preface to the 4. Report. Termes of the Law. Ti…le Faits. 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. KingddSpelman. Concil. Tom 1. p. 118, 119. to 126. 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 ineeSpel. Gloſſ. Tit Bull. p 108. Pol. Virg. De Iuven. Rerum, l 8. c. 1. 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 offfSpelman. Concil Tom. 1. p 189 to 194. 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 ggSpelm. Ib. p. 207, 208, 209, 210.King Kenred and Offa. Anno 709. with the Charters of Egwin Biſhop of Worceſter, Anno 709. The Charter ofhhIngulph. Hiſt. … 851. 852 Spelm Concit. p. 256, 257. 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 ofiiSpelm. Ib p. 227, to 231 King Ina granted to the Abbey of Glaſterbury, (ſuppoſed to be ſpurious) Anno 725. OfkkIngulph. Hiſt. p. 853, 854. King Offa to the Abbey of Croyland, Anno 793. ThellSpel. Concil. p 324. 324. Decree of Adardus Archbiſhop of Canterbury, and the Councell of Cloveſho. An. 803. The Charter ofmmIngulp. Hiſt p 854, 855. King Kenulphus to the Abbey of Croyland, Anno 8…6. ThennSpel. Concil. p. 335 338, 339 Decrees of the Synod of Cleveſh…, under King Beornwulfe, Anno 824. and of the Council of London under King Egbert, Anno 833. The Charter ofooIngulph. Hiſt. p 855 to 857 868. to 862. Witlaſius King of M…rcia, to the Abbey or Croyland, Anno 833. The Charter of King Bertulphus to the ſame Abbey, An. 851. with theppSpel. Concil. p 346, 347. 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 ofqqIngulp. 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. 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 ofrrIngulp. Hiſt. p. 8…3 864. B…orredus p. 3King of, Merciae, to the Abbey of Croyland. Anno 860. of**Cooks Ep. to the 6 Report. Queen Aethelſw…th to Cuthwulfe, An. 868. of kingſſMa…mesh. de Geſtis Regum, l. 2. c. 7. p. 53, 54 Edmund to the Abbey of Glaſtenbury, An. 944. ofttIngulph. hiſt. p. 874. to 877. Spelman Concil. p. 428. king …dred to the Abbey of Croyland, An. 948. the charters ofuuIngulph. hiſt. p. 880. to 886. king Edgar to the Abbey of Croyland, An. 966. 970. 974. to thexxMalmſ. 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. 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 ofyyCooks Preface to the ſixth Report. King Aeth…lred, An. 995. to Ʋlfric. withzzSpelman Concil. p. 504. to 510. his charter of priviledges granted to the Church of Canterbury, An. 1006. theaaSpelman p. 533. charter of king Knute, or Canutus, to the Church of our Saviour at Canterbury, An. 1018. and to the AbbeybbIngulph. hiſt. p. 893, 913, 914. 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: andccRemonſtrance against ſhipmoney pt 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, asddConcil. tom. 1 p. 308, 310, 311, 312. Sir Henry Spelman, and oureeHuntindon, Antiquitates Eccleſiae Brit. …o… Polychronicon, Holinſ…. Grafton, Speed, and others. 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 anotherffCooks Inſtit. on Lit. f. 7. a 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 (writesggGloſſar. p 127 See Tearms of the Law, title Fairs. 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 hhSpeeds hiſt. p. 415. terms of the law, f. 94.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: Ʋnder this iiSpelman Gl…ſſar p. 126.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. p. 4This 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**Hiſt. of Eng. p 409. 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; ThatkkTearms of the Law, Tit. Faits, f 94. Speed hiſt. p. 415. Edward the Confeſſor being trained up in Normandy, and addicted to the cuſtomes of the French, which he introduced with him, did firſt of all bring in the ſealing of deeds; which I gather from the words of llHiſt. p. 895.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, asmmIn Apparatu a Stemmata Lintharogie. Franciſcus Roſierius, and Sir nnGloſſar. tit. …ulla aurea, p. 106, 107.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, asooDe Invent. Rerum, l. 8. c. 2. …ce Ioan. Zonarae, An Tom. 3. f. 147. c. Polydor Virgil atteſts,ppHoſt. …len. Eccl. l 3. c. 17.Sir 50:3 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 whomqqSpeeds hist. p 415. Tearmes of the law, f 94 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 inrrConcil Tom. 1. p. 630. to 637. Sir Henry Spelman: witneſſe this cloſe of his ſecond charter; Chartamiſtam conſcribi, ET SIGILLARI IƲSSI, & ipſam manu mea ſigno ſanctae CRƲCIS 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 CANCELLARIƲS ✚; then follow the ſubſcriptions of Dukes, and other the Kings Officers, with this concluſion, p. 5Acta 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; Ʋt 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, ATQƲE SIGILLO NOSTRO IƲSSIMƲS SIGILLARI. ….

Ego Edwardus Deigratia Anglorum Rex, hoc privilegium juſſi componere, & compoſitum, cum ſigno Dominicae CRƲCIS confirmando impreſſi. ✚: then follow the ſubſcriptions of divers Biſhops and Abbots with croſſes: next to them, Ego Reynbaldus Regis CANCELLARIƲS 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 TurketulusſſThin… Catalog. of Chancelors in Holinſhed vol. 3. col. 1160. &c. Spelman Gloſſ. p. 132. 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 ttIngulph hiſt. p 872. to 892. Spelman. Gloſſ. p. 126.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 inuuFol. 227. printed by Winkin de Word at London, An. 1521. 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

p. 6unto 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 xxSee Spelmanni Gloſſar. tit. Cancellarius p. 125. to 127.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 the Kings charters made to the Abbey of Croyland: Rex Edredus dedit Monaſterium Croyland per Chartam ſuam, dictatam ab eodem Turketulo, writes Ingulphus, p. 874.

Fourthly, That the Chancellor in his reigne, ſealed the Kings charters with his ſeale; yet yySpelmanni Gloſſ. p. 127, 128whether he only did it, or had the ſole cuſtody of the ſoale, is uncertaine.

But though King Edward the ConfeſſorzzSpeeds hiſt. p. 415. firſt brought in the great ſeale; yet the cuſtome of ſealing charters, patents therewith, with other mens ſealing Deeds, grow not common, univerſall, or neceſſary, aaSee Raſtals Tearms of the Law, tit. Faits.till the latter end of the Conquerours reign; as bbHiſtory p. 901.Ingulphus in theſe direct tearms avers, from his own experimentall knowledge: Et non tantum hunc morem (of making Knights) ſed alias etiam conſuetudines (William the Conquerour and his Normans, of whom he writes) immutabant; nam chirographtrum conſectionem Anglicanam, quae antea Ʋſque ab Edwardi Regis tempora, fidelium praeſentium ſubſcriptionibus cum Crucibus Aureis, aliiſque ſaerts ſignaculis firma fuerunt, Normanni condemnantes, chirographa chartas vocabant; Et chartarum armitatem cum cere impreſſione per untuſcujuſque ſpeciale ſigillum, ſub inſtillatione trium vel quatuor teſtium aſtantium (whereas ancient charters had twenty or more witneſſes) conficere conſtituebant. Conferebantur etiam prime multa praedia nudo verbo, abſque ſcripto, velcharta, tantium cum Domini gladio, vel galea, vel cornu, velcratera; & plurima tenementa cum calcari, cum ſtriguli, cum arcu, & non nulla cum ſagitta. Sed haec initio Regni ſui; poſterioribus annis immutatus eſt iſle modus. Tantum tunc Anglicanos abominanti ſunt, &c. So that by this Historians expreſſe teſtimony (a man of great eminency in that age, being Abbot of Croyland, and much frequenting the Court, yea taking more paines to ſearch out and preſerve ancient Charters then any in that age) William the Conquerour and his Normans (who ccMalmesbury Matthew Paris, Ladmerus, Huntindon, Hoveden Polycron, Holinſhed, Speed, Daniel, and others in his life.endeavoured to reduce the Engliſh to the customes lawes, and ceremonies of Normandy, eſpecially in all matters of government, law, and juſtice, his charters being of farre other tenour, forme, and brevity, then thoſe before or ſince in uſe) were the firſt who introduced, by inſenſible degrees, the French cuſtome of ſealing charters and deeds with ſeales; and this King, with his Officers (as all our Hiſtorians complaine) being extraordinary covetous and oppreſſive, uſing ſundry new p. 7d…ſes to fill their owne purſes, by exhauſting the peoples; it is very likely (as Ingulphus words import, andddSpeeds hiſt. p. 440, 450. others inſinuate) that he and his Chancellors (of which I finde eeIn Thinns Catalogue, and Spelman Gloſſ. p. 132.nine in his reigne) to make a benefit and project of his great ſeale, did in his latter dayes ordaine, that all charters, patents ſhould be thenceforth ſealed with his royall ſeale, or elſe be reputed invalid in law. Three charters of his I find recorded in our writers: The firſt, made to the Abbey of Croyland at the ſute offfHiſtory p. 912. Ingulphus who regiſters it, ſubſcribed by ſome witneſſes, without mention of any ſeale of his thereto annexed. The ſecond, to the Abbey of Battle, ſealed with his great ſeale, and ſubſcribed by foure or five Biſhops, which Patent & Seale to you may view inggPage 165, 166. ſee the forme of his ſeale in Speeds Hiſt. p. 435. Mr. Seldens Notes on Eadmerus. The third, to the City of London, granted at the ſute of William their Biſhop, written in the Saxon tongue, confirmed with greene wax, whereas the Saxons before uſed only to ſigne with gilt croſſes; the copy whereof you may read in Lamberts parambulation of Kent, Holinſhed, andhhHiſtory p. 450, 451. Speed. As for that charter of his, recorded by Iohn Stom, and Speed in his life, out of the Book of Richmond:

I William King, the third yeare of my reigne,

Give to thee Norman Hunter, to me that are both leefe and deare,

The Hop and the**I doubt Hoplands, hops and hop-yards were not then in uſe Hopton, and all the bounds up and downe,

VnderUnder the earth to Hell, above the earth to Heaven,

From me and mine, to thee and to thine,

As good and as faire, as ever they mine were:

To witneſſe that this is ſooth, I bite the white wax with my tooth,

Before Iugge, Maud, and Margery, and my youngeſt ſonne Henry,

For a Bow and a broad Arrow, when I come to hunt upon Yarrow.

I deeme it either a forgery, or a charter granted only in merriment; which Raſt all in his Tearmes of the law, f. 80. attributes rather to King Edward the third, then to the Conquerour; concluding, that ſ…aling was not commonly uſed till the reigne of Edward the third: which if true perchance of deeds betweene private perſons, yet not of Royall charters. King William Rufus, Henry the firſt, Stephen, and Henry the ſecond, had all their ſeverall great ſeales (the portraytures whereof you may behold in Iohn Spreds Hiſtory before every of their lives) and their ſeverall Chancellors too, whoſe names you may read i… iiHolinſhed vol. 3. col. 1260 to 1280.… Francis Thinns Catalogue, andkkGloſſarium, p. 132, 133. Spelman; which Chancellors, as is moſt likely, kept their ſeales, ſealing both Patents and charters with them.

I read, thatllMatth. 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. King Henry the firſt, in the firſt yeare of his reigne, granted a Charter of Liberties to his Subjects (according to his promiſe and Oath, before and at his Coronation) much like to Magna Charta, ſubſcribed with Witneſſes: ET SIGILLI SVI TESTIMONIO ROBORATVM, as Eadmerus, and others write: To this Charter he ſet both his hand AND SEALE, commanding as many copies as there were Counties in England to be tranſcribed, and kept in the Monaſteries of every Province: he was made a King by right of Election, not of Succeſſion, his brother Robert being right heire. In this Kings reigne, I finde one Writ to Anſelme Archbiſhop of Canterbury (who uſedmmDelatae literae repoſ… in tuo ſigillo, …adme. l. 4. p. 86. a ſeale wherewith he ſealed his letters written to this King) withnnFa…merus ibid. & p. 101. Teſte Walricho CANCELLARIO p. 8apud Merlebergam. And another **Eadmer. Nov. l. 4. p. 101.Writ directed to him, to reſpit the conſecration of Thomas Archbiſhop of Yorke till Eaſter, SIGILLO REGIS INCLVS AS; the firſt Writ I, to my remembrance, finde ſealed with any Kings Seale, though Patents were commonly ſealed before this time.ooMalmſ. Novel. l. 1. p. 170. Huntind. Matt. Paris, Hoveden, Mat. Weſt. Speed Holmſh. Daniel▪ in his life, An. 1. King Stephen, comming to the Crowne by the Nobles Election, not by right of inheritance, as next heire, vowed to confirme their Liberties by his Charter and SEALE; which hee did at Oxford in the firſt yeare of his Reigne: this Charter you may read in the Marginall Authors, being like to Magna Charta in ſubſtance. That King Henry the ſecond uſed to ſeale his Charters and Patents, I finde apparent teſtimonies in our Hiſtorians. For his Oath of Purgation which he made concerning the death of Thomas Becket (regiſtred at large byppAnnal. pars poſte. p. 529, 530. ſee Matt. Paris p. 120, 121, 122, 124, 125. Roger de Hoveden) was put into writing in forme of a Charter, and then ſealed with his Seale, and the Seales of the Cardinals, as this Authour atteſts. Et ut haec in memoria Romanae Eccleſiae haberentur, Rex Pater FECIT APPONI SIGILLƲM SƲ ƲM SCRIPTO ILLI, in quo ſuperdicta capitula continebantur, una CƲM SIGILLIS praedictorum Cardinalium (Theodine and Albert.) Atque ut in memoria Romane Eccleſiae ſirmiter habeatur, SIGILLVM VESTRVM PRAECIPISTIS APPONI.qqHoveden Annal pars poſterior p. 560. to 566. Mat. Par: p. 127. ſee Holinſh. and Speed in his life 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.rrHoveden An. pars poſt. p. 570. 571. Mat. Paris p. 128. ſee Holinſh. Grafton, Speed, Daniel, Fabian. 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 inſſAnnal. pars poſt. p. 572. 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 readttMatth. Paris hiſt p. 94. Antiquitates Eccleſ. …rit. p. 122. Godwins Catal gue of Bps in the life of Becket, Thins Catalog. of Chancelors, Holinſhed in Hen. 2. 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 SIGILLƲM 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 ofuuAnnal. pars poſt. p. 748. 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 p. 9literas 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 **Geoffry.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, yyLib. 2. Tit. de Crimine leſae Majeſt.Bracton, zzLib. 1. c. 8. f. 16. Stanfords Pleas lib. 1. c. 1.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 inaaAnnal. pars poſter. p. 551, 552, 553. 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 p. 10with the names of divers witneſſes, Subjects to King William, and among others, Ego Mattheus, Domini Regis VICE-CANCELLARIƲS: Which Charter concludes thus: Ad hujus antem donationis & conceſſionis noſtra memoriam, & inviolabile firmamentum; privilegium praeſens per man… Alexandri, notarij noſtri ſcribi, ET BƲLLA AƲREA NOSTRO TYPARIO IMPRESSA, ROBORATƲM 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, beingbbMat. Pari… hiſt. Angl. p. 157. Hoveden p. 358. Fabian par. 7. p. 353, 354. Polychron. l. 7. c. 24. Speed p. 522. 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.ccMat. Paris p. 47. 64, 69. 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,Hoveden Annal. pars poſter. with others. that he ſholud govern his owne Kingdome with due moderation, and defend it from the eruptions of the Barbarous French, then to provide for the ſafety of thoſe in the East in proper perſon. Which I onelyonly 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 ddSpeed hist. p. 530.not ſtiled a King, by our ancient Writers, before his Coronation) was the firſt of all our Kings (as Our eeSpeed hiſt. p. 541. Daniels hiſt. p. 125. Cook Inſtit. on Littletonſ. 7. a.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 firſtffSee Hoved…n, Mat. Paris, Nubrigen. Mat. Weſtm. Holinſh. Speed, Grafton. 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:ggHiſt. Angl. p. 155, 156. 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 p. 11commonly uſed before, in, and ſince that age by and to Biſhops, Popes, Abbots, in publique Writs, as well as Kings, as thehhEadmerus, 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. 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 iniiAnnal. pars. poſt p. 658 662 667▪ 676, 698, 700, 726, 730, 732, 734. 743. 748. 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, 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.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 kkHoveden Annal. p: 726, 7…9 730.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 onelyonly 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 thellHoveden. Annal. pars. poſt. P. 741, 742 743. 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) mmHoveden Annal. pars. po…t p. 746. 785. Speeds Hiſt. p. 541. Daniel … See Holinſhed, Grafton, and others.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 nnAnnal. pars. poſt▪ p. 746, 785.Hoveden thus relates, Et imputans Cancellario ſuo, hoc per ipſum fuiſſe factum, ABSTULIT AB EO SIGILLUM p. 12SUUM & 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 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. ooSpelmani Gloſſarium, p. 128.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. Ʋt vacantes Archiepiſcopatus, Epiſcopatus, Abbatias & Baronias cadentes in manum Regis ipſe ſuſcipiat & conſervet. Ʋt 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**Id eſt Capitali… Juſtici… Angliae. 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, asppHiſt. Angl. p. 189. 190. Matthew Paris, with others obſerve; had both a great Seale and qqSee Spelman and Then.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, rrMatth. Paris Hiſt. Angl. p. 225, 227, 237, 246, to 254, Matthew … Holniſhed, Speed and others.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 monethmonth at the houſe of the Templars neere Dover p. 13(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 inſſAnnal. p. 814, 815. 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;ttIn dor… Rotfinium huj… Anni; & Spelmanni Gloſſarium, p. 131, 132. Th…s Catalogue of Chancellors. 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 uuFox Acts & Monuments edit. ult. vol. 1. p. 1334. Speed, p. 591.election, rather then by diſcent) when he was but nine yeeres and ſome odde moneths old, in the ninth yeere of his raigne, ratifiedxxMatth. Paris Hiſt. p. 311. Speed p. 599. See Polychronicon, Fabian, Holinſhed, Magna Charta it ſelfe. 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,yyMatth. Paris p. 324, 325. Daniel, p. 151. 152. Holinſhed, Speed, Grafton. 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, onelyonly 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 p. 14Kings 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. zzBracton. l. 2. De … leſae Majestatis, ſee Stamfords Pleas f. 2.Eſt & aliud genus criminis leſae Majeſtatis, quod inter graviora numeratur, quia ultimum inducit ſupplicium & mortis occaſionem; ſcil: crimen falſi, quod in quadam ſui ſpecie, tangit coronam Domini Regis. Ʋt 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 haveaaSee the ſecond part of the Soveraigne power of Parliaments p. 48. to 93. 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, hisbbMatth Weſt. & Daniel. in 1. Ed. 1. Lords and States without his privity, made both a new great Seale and Chancellor to keepe it;(c) Confirmatio …. 25 E. 1. & Cookes Inſtitutes on it Walſingham hiſt. Ang. p. 35. to 48. 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,(d) Articuli ſuper Chartas ch. 2. See Cookes Inſtitutes on theſe Acts. 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**The people then had power to elect theſe their Judges and Juſtices even by Act of Parliament. 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 onelyonly 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,eeChap. 2. 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, p. 15Charters, 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 **See 3 Ed. 1. cap. 15.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**To wit, in 1 Edw. 1. or when the great Seal was firſt introduced in Edward the Confeſſors dayes. 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 ONELYONLY 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 **Magna Chart. cap. 29.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, Ʋſe, 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**See 9 Edw. 1. the correction of the twelfth Chap. of the Statute of Gloceſter: 20 Edw. 1. De Non ponen…o in Aſſiſſts. 34 Ed. 1. cap. 6. 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 Ʋirgil, 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 p. 16on 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 here with triviall common things concerning Seales or ſealing, but onelyonly 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 newmaking, 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.

1Firſt, that our Kings Great and Petty Seals when originally invented, and whiles the uſe of them was onelyonly 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 onelyonly, as every private mans Seale now is, they uſing them onelyonly 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 onelyonly 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,**Our ancienteſt S…atutes call it indefinitely The great Seale; as 2 Ed 3. Stat. 3. c. 8. with others. 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. p. 172 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 2affairs, 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 3the 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 p. 18Juſtice, 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.

1Firſt, 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;**Matth. Weſt. An. 1272. pag 352. Hornes Myr. p. 233. Here. p. 15. Daniels Hiſt. pag. 185. See Walſing. Hiſt. Aug. p. 1, 2. Speeds Hiſt. p. 646. Walſing. Ypod. Neuſtr. p. 67. 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 **Pag. 15.preceding words import.

p. 19The ſecond preſident is, that of King Henry the 6, his reigne, who being but an**Hall. Store-Speed, Holinſhed, Grafton, infant of 9. moneths age when the Crown deſcended to him: there **1 H. 6. p. Rot Parl, 1. H 6. Num. 1. &c The ſecond Part of the Soveraign power of Parliaments and Kingdoms (where I have tranſcribed theſe Records at la…ge) p. 65 to 70.Num 1iſſued 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 onelyonly 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, p. 20with 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 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 p. 21Kings 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 onelyonly 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. p. 22ordaines 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, 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 p. 23publike 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 onelyonly Seal) is purpoſely withdrawne, and kept from them to hinder their proceedings, I cannot yet diſcerne.

If any here object;Object. 1. 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:Anſw. 1 That this is true onelyonly 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 aaSoveraigne power of Parliaments part. 1 p. 107. to 112. part. 2. p. 25. 26.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 bbIbid. part. 2. p. 3. to 20. Appendix p. 163. to 271.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 onelyonly, as it is the ccIbid. part. 3. p. 7. 8. part. 2. p. 25. 26.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 onelyonly as he is a private man, but as a ddIbid. part. 3. p. 7. 8.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 p. 24or 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 onelyonly 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 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,(g) Grimſtons Hiſtory of the Netherlands P. 556. to 667 See the Appendix 184. 185 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**Magn. Charta c. 29, 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 hauehaveeeSoveraigne power of Parliament part 2 p. 4… to 87. 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,hhAlvarus P…lagius De planctu Eccleſiae. L. 1. Art. 56 62. F. 56. Si non ex praeſumptione privato, ſed authoritate publica et communi Rex in Tyrannum converſus, vel alius Tyrannus deſtruetur, vel ejus poteſtas ipſa refrenetut; non eſt putanda talis multitudo infideliter agere Tyrannum deſtituens te ſi in perpetu ū ance a ſibi ſc ſubjecerat quia hoc ipſe meruit in multitudinis regimine ſe non ſidelater gerens, ut exigit Regis officium, quod ei pactum a ſubditis non ſervetur, &c. See the Appendix P. 137. 188 and Popiſh Authors held they might lawfully doe,) and to appoint new Seales in every Province onelyonly, 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, onelyonly 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, onelyonly, 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 p. 25times 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 iiSee Francis Thin in Catalogue of Lord Chauncellors of England: & The 2 Part of the Soveraigne power of Parliaments. P. 41. to 73.elſewhere plentifully manifeſted, and committed the Great Seale to the Chancellours cuſtody onelyonly. Secondly, They have ordered, kkMatthew Paris, Hut. Ang. p. 415. Matth. Weſt, Anno 1222. p. 1…3. Daniel p. 157. Godwins Catalogue of Biſhops p. 386. Francis Thin Catalogue of Chauncellors Holinſhed Vol. …. p. 1275 The 2 part of the Soveraigne power of Parliaments and Kingdomes p. 48. 49.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 llMathew Paris Hiſt; Ang: p. 619, to 623. Daniel 161: 162: Soveraigne power of Parliaments part 2. p: 49. 56.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 mmWalſingham Hiſt. Ang. p. 143. 300. 3 … 312 See the Soveraigne power of Parliaments part 2 p. 57. 58.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,nnSee the 2 part of the power of Parliaments p. 70 71 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 theooSpeed Holinſhed Grafton in 1. R. 5 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, bothppSee 5 Eliz. c. 18. 13. Eliz. c. 7. 14. Eliz. c. 6. The Act for Trienniall Parliaments. 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 p. 26other Seales from time to time, I have ſhewed in the fore-cited Acts, and will not repeat; but conclude, That if our 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**16. Car. c. 1. 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 p. 19compleat 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 onelyonly 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**The ſoveraigne power of Parliaments part 1. f. 8. to 16. elſewhere manifeſted by ſundry Preſidents: And by the very Act for the**16 Carol. c. 1. 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 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 onelyonly, 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 p. 28I 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 its 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 onelyonly 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 onelyonly, 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**See the ſecond part of Soveraigne power of Parliaments. p. 7. 42. 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 p. 29of 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**The ſoveraign power of Parliaments part 1. edit. 2. p. 13. 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**Halls Chron. 2… Hen. 5. c. 19. Graſion p. 1191 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 onelyonly 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**9 Hen. 3. c. 29. 2 Edw. 3. c. 8. Magna Charta (and other Acts) be not delayed nor denied to any Subjects that deſire or neede it, being the ſupreameſt Court of Juſtice, to puniſh all offences, neglects, ſupply all defects in the higheſt Officers of Juſtice: Therefore to provide a new broad Seale and Keeper of it, ſince publike Juſtice is denied to moſt, obſtructed, delayed to all, by the unlegall wilfull abſence of the old great Seale and Lord Keeper from the Parliament, and Courts at Weſtminſter.

Fifthly, The Houſes of Parliament, in point of honour, truſt, duty, more eſpecially ſince their late Protestations and Covenants, are bound univerſally to preſerve their own just Priviledges, Rights, and Liberties; whereof theſe are indubitable ones. That the Lord Chancellour & Keeper of the Great Seal of England, together with the Seal it ſelfe remaining in his cuſtody, ought alwaies constantly to attend the Parliament and be preſent with it. Firſt,xxSee Modus Tenendi Parliament; Cambden, Holinſh. Ʋowel, and Sir Thomas Smith, lib. 2. cap. 1. in their Treatiſes of the Parliament of England. with all the Journals and Parliament rolls. becauſe the Lord Chancellor or Keeper of the Great Seale is alwaies a neceſſary member of the Ʋppor-Houſe, and the Speaker of it, by vertue of his very Office. Secondly, becauſe not onelyonly conſtant cuſtome, butyy14 E. 3. c. 5. 15. E. 3. c. 4, 5. Stat. 1. 31. H 8. c. 10. ſundry Acts of Parliament, require the Chancellours, and Keepers ſpeciall preſence in Parliament, in direct termes. Thirdly, becauſe the Chancellour, and Great Seale are, and ought to be neceſſarily preſent in Parliament, being the onelyonly proper Seale of this p. 30higheſt Court, for divers publique ends. 1. To iſſue out WritszzBrooke Parliament 7. Dyer. 60. a. of ſummons and new elections, for ſummoning the Members of both Houſes, as oft as there is need, to keep the Houſes compleat. 2. To ſeale Writs ofaa1 H. 7. f. 19, 20. Aſhes Tables Error 65. Error, brought in Parliament. 3. To SealebbDyer f. 59. 60, 5 H. 4. c. 6. Br. Parl. 11. 1. Jac. c. 23. Writs of Priviledge for members of Parliament, or their meniall ſervants. when there is cauſe. 4. To iſſue and Seale ſuch ccStat of Wincheſter, 13 E. 1. c. 24. 28. Regiſter, f. 271.new Writs as ſhall be deviſed in Parliament, upon new occaſions. 5. To iſſue out and ſeale ſuchdd14 E. 3. c. 5. and all Acts for Subſidies. Commiſſions as ſhall be neceſſary upon publique imployments, Trials criminall or judiciall, Taxes or Subſidies, appointed in and by Parliament. 6. To ſeale ſucheeSee the Soveraigne power of Parliaments, pars. 2. p. 25. 61, 66, 67, 68, 70, 71. & here p. 2. 3. Patents and Charters of Honours, Lands, Priviledges, Offices, and the like, which ſhall be thought meet to be granted in Parliament, as most old Charters were. 7. To ſeale Parliament pardons and all Proclamations, exemplifications of private Acts of Parliament, and ſuch Acts as are to be proclaimed, to ſuch who require them, 2 H. 5. c. 4. 1 R. 2. c. 6. 1 H. 7. f. 23. 25. Coronc. 49. 33 H. 6. 17. Parl. 1. 21 E. 4. 56. Dyer. 135. Cooke l. 8. f. 7. 8. 28. 43 E. 3. c. 5. 2 H. 5. c. 46. 1 H. 6. c. 2. 26 E. 3. c. 16. Aſhes Tables Proclamation. 39.

In all theſe reſpects, with others, the Lord Chancellours, Keepers, and great Seales preſence being ſimply neceſſary in Parliament, (where by Law and cuſtome they ever have beene, and ought to be, till this late preſident,) The Houſes lawfully may, and in point both of honour and juſtice, ought, for the maintenance of their owne undoubted priviledges, to conſtitute a new great Seale, and Keeper of it, if the old be not returned to them ſpeedily, having beene wilfully, above twelve MonethMonth ſpace, withdrawne, detained from them, on purpoſe to diſſolve the Parliament, retard or fruſtrate all its proceedings, and ſtop the common courſe of juſtice, contrary to all Law and Juſtice.

In few words, this Parliament, without any exception of King, Courtiers, Malignants, or any other I have yet heard of; have made a new maſter of the Mint, at leaſt reſtored an old one to his place, who was diſpoſſeſſed; coyned money, and made new ſtamps for that purpoſe, where the old were broken or worne out, without the Kings conſent, or any tax of treaſon, or diſloyalty: Therefore, by the ſelfeſame Law and reaſon, they may lawfully make a new Great Seale, and Lord Keeper of it for the ends aforeſaid, to ſupply the abſence, defects, and prevent the groſſe abuſes of the old, without any Treaſon or diſloyalty.