The Opening of the Great Seal of England, Document
The VOTES of the Houſe of COMMONS, together with their reaſons for the making of a new Great Seale of England, preſented by them to the LORDS at a Conference, Iuly 4. & 5. Anno 1643.
Reſolved upon the Queſtion. (June 14. & 26.)
1. THat the Great Seale of England ought to attend the Parliament.
2. That the abſence of it hath been a cauſe of great miſchiefe to the Common-wealth.
3. That a Remedy ought to be provided for theſe miſchiefes.
4. That the proper remedy is, by making a New Great Seale.
The miſchiefes occaſioned by conveying away the Great Seale from the Parliament (repreſented to the Lords at a Conference Iuly 5. 1643.) are theſe:
1. IT was ſecretly and unlawfully carried away by the Lord Keeper, contrary to the duty of his place; who ought himſelfe to have attended the Parliament, and not to have departed without leave; nor ſhould have beene ſuffered to convey away the Great Seale, if his intentions had been diſcovered.
2. It hath been ſince taken away from him, and put into the hands of other dangerous and ill affected perſons; ſo as the Lord Keeper being ſent unto by the Parliament for the ſealing of ſome Writs, returned anſwer, That he could not Seale the ſame, becauſe he had not the Seale in his keeping.
3. Thoſe who have had the mannaging thereof have imployed it to the hurt and deſtruction of the Kingdome ſundry waies. By making new Sheriffes in an unuſuall and unlawfull manner, to be as ſo many Generals or Commanders of Forces raiſed againſt the Parliament. By iſſuing out illegall Commiſſions of Array, with other unlawfull Commiſſions, for the ſame purpoſe. By ſending forth Proclamations againſt both Houſes of Parliament, and ſeverall Members thereof, proclaiming them Traitors, againſt the Priviledges of Parliament and Lawes of the Land. By ſealing Commiſſions of Oyer and Terminer to proceed againſt them, and other of His Majeſties good Subjects adhearing to the Parliament, as Traitors. By ſending Commiſſions into Ireland to treate a peace with the Rebels there, contrary to an Act of Parliament made this Seſſion. Beſides, divers other Dangerous and illegall acts have been paſſed under the Great Seale, ſince it was ſecretly conveyed away from the Parliament, whereby great calamities and miſchiefes have enſued, to the Kindomes prejudice.
The miſchiefes proceeding through want of the Great Seale.
1. THe Termes have been adjourned; the courſe of juſtice obſtructed.
2. No originall Writs can be ſued forth without going to Oxford; which none who holds with the Parliament can doe, without perill of his life or liberty.
3. Proclamations in Parliament cannot iſſue out, for bringing in Delinquents impeached of High-Treaſon or other Crimes, under paine of forfeiting their eſtates, according to the ancient courſe.
4. No Writs of Error can be brought in Parliament, to reverſe erronious judgements; nor Writs or Election ſued out for chooſing new Members, upon death or removall of any; whereby the number of the Members is much leſſened, and the Houſes in time like to be diſſolved, if ſpeedy ſupply be not had, contrary to the very Act for Continuance of this Parliament.
5. Every other Court of Juſtice hath a peculiar Seale; and the Parliament, the ſupremeſt Court of England, hath no other Seale but the Great Seale of England; which being kept away from it, hath now no Seale at all; and therefore a new Seale ought to be made.
6. This Seale is Clavis Regni; and therefore ought to be reſident with the Parliament, (which is the repreſentive body of the whole Kingdome) whiles it continues ſitting; the King, as well as the Kingdome, being alwaies legally preſent in it during its Seſſion.
FINIS.
Errata: & Omiſsions.
IN the Humble Remonſtrance, p. 6. l. 2. 5, R. 2. c. 2, 3 10 E. 4. c. 3. omitted p. 21. l. 26. Sancitum, p. 25. l. 37. Acres, r. Hydes. p. 27. l. 21. And. p. 29. l. 9. Mariners. p. 31. l. 7. nec. In the Opening, &c. p. 5. l. 4. hoc, r. hanc.
End of the text · William Prynne, The Opening of the Great Seal of England (1643)