THE LAW OF ENGLAND, Touching His Majesties Four Principal SEALS, viz. The Great Seal, the Privy Seal, the Exchequer Seal, and the Signet. Also of Those Grand Officers to whose Custody these Seals are committed. Etiam aperta monstrare plurimum prodest, quia interdum scimus, nec attendimus. Senec. lib. 4 Epist. 95. London, Printed, and are to be sold by Dan. brown at the Black Swan and Bible without Temple-Bar, 1696. Collegium S. Set Indi●iduae Trinitatis in Academiâ Cantabrigiensi coat of arms of Trinity College, Cambridge Jus Sigilli: OR, THE LAW OF ENGLAND, Touching The Kings four principal Seals, viz. The Great seal, the privy seal, the Exchequer seal, and the Signet, &c. THE Law of England to several purposes, doth take especial notice of divers seals, appertaining to the Kings most Excellent Majesty, sc. The Great seal, the privy seal, the Exchequer seal, and the Signet. Of the Great Seal are we to treat in the first place: for the Rule, or maxim is, A principalioribus, seu dignioribus est inchoandum. I. Of the Great or Broad Seal of England. THis Great seal is in the custody of the Lord Chancellor, or Lord Keeper, and there is a special Officer in the High Co. 2. Inst. 554. Court of Chancery, called Sigillator, who hath the Sealing of writs, and other things, that pass the Great seal. The Chancellor of England, or the Keeper of the Great seal of England, is a Lord by his Office, and is of the most honourable privy Council, under whose hands pass all Charters, Commissions, and Grants of the King, corroborated or strengthened with the Broad seal: without which seal all such Instruments, by Law are of no force: And the reason is, because the King is in Intendment of Law a Corporation; and therefore passeth nothing firmly, but under the said seal. The Lord Keeper, by 5. Eliz. c. 18. the statute of 5. Eliz. is declared to have, according to the Common Law of this realm, the same, and the like place, Authority, pre-eminence, Jurisdiction, Execution of Laws, and all other customs, Commodities, and advantages, as hath the Lord Chancellor of England for the time being. And therefore it is to be observed, that where divers Statutes speak of the Chancellor, and of his Lieutenant, it must of necessity be intended of such a Lieutenant, as the Law doth allow of, and that cannot be of a Deputy, Co. 4. Instit. 88. for the Chancellor cannot make a Deputy; but Locum teneas is to be taken for one that holdeth the place, or hath Equal Authority of the Chancellor,& that is Custos magni Sigilli: and this is agreeable with the Judgement of the said Parliament in 5 Eliz. But all Questions, Scruples, and doubts are now taken away by the said Act of 5 Eliz. and at this day there being but one Great Seal, there cannot be both a Lord Chancellor, and a Lord Keeper of the Great Seal at one time, because both these are but one office, as it is declared by the said Act. Note, that those statutes or Acts of Parliament, which make mention of the Lord Chancellor only Co. 3. Inst. f. 104,& 113. do extend to the Lord Keeper also, as the statutes of 33 H. 6. c. 1. And 28 H. 8. cap. 15. Having shewed you, in whose Custody the Great seal is, and that the Lord Keeper hath the same Authority, that the Lord Chancellor hath, it will not be much impertinent to present to the Candid Reader, the Etymology of the word Chancellor, his Antiquity, the manner how he is Created, his Qualifications, his Oath, and Duty, his Jurisdiction and Authority, his Honor and Precedency, his privileges, his Assistants, and lastly the Officers that are attendant on his Lordship, by virtue of the Great seal of England. 1. The Etymology of the word Chancellor. THe name of Chancellor Cassiodorus fetcheth from cross Grates or Lattesses, because Chancellors examined matters within places severed apart, enclosed with partitions of such cross bars, which the latins call Cancelli: Regard, saith he, to the Chancellor, what name you bear; it cannot be hidden, which you do within Lattesses. For you keep your Grates lightsome, your bars open, and your doors transparent as Windows. Whereby it is evident, that he sate within Grates, where he was to be seen on every side, and thereof it may be thought he took that name. But considering, it was his part( ●ai●h our cambden) to strike, and dash out with cross Lines Lattess-like, those Letters, Commissions, Warrants, and Decrees passed against Law, and Right, or prejudicial to the Commonwealth, which not improperly they termed to cancel, some think the name of Chancellor came from this canceling: and in a Glossary of latter time thus we red, A Chancellor is he, whose Office is to look into, and peruse the Writings, and Answers of the Emperor; to cancel what is written amiss, and to sign that which is well. Agreeable to th●s are the words of Sr. Edward Cook: The Judgement, saith he, in a scire facias to repeal the Kings Letters patents is this, Qu●d praedictae Literae patents dicti Domini Regis revocentur, Cancellentur, ●v●cuentur, adnullentur, et vacuae,& invalidae pro null Co. 4 Inst. 88. penitus habeantur,& teneantur; ac etiam quod Irrotulamentum eorundem cancelletur, cassetur,& annihiletur &c. Hereof our Chancellor of England( for foreign Chancellors, it may be, have not like Authority) is called Cancellarius, à Cancellando, i.e. à digniori parte, being the highest point of his Jurisdiction, to cancel the Kings Letters patents under the Great seal, and damning the enrolment thereof, by drawing strikes through it, like a Lattesse. 2. The Antiquity of this Officer. BOth the British, and Saxon Kings had their Chancellors; as taking some few Examples before the Conquest; Edward the Confessor had Reinbald his Chancellor: He had also Lefricke to his Chancellor: King Edgar had Adulph: King Edred had Thurkettle: King Edmond the same: King Athelstan, Wolfine, their Chancellors &c. 3. His Creation. THe Lord Chancellor hath no Commission by Letters patents, as all other Judges and Sheriffes have, but he receiveth only his Authority by the delivery unto him of the Great seal of England; and other Grant, or Patent for this great Office, there needs not be, for that the person, to whom this Office is committed, hath the keeping of the Great seal in his own hands. Thus says one; and to the same Effect are the Co. 4. Inst. 87. words of cook: He is made Lord Chancellor of England, per traditionem magni sigilli sibi per Dominum Regem, and by taking his Oath. But the form and manner of ordaining a Chancellor was in the time of King H. 2. by hanging the Great Seal of cambden f. 131. England about the neck of the Chancellor Elect. Note, some have gotten it by Letters patents at will, and one for Term of his Life; but it was holden voided, because an ancient Office must be Co. 4. Inst. 87. granted, as it hath been accustomend. 4. His Qualifications. BEsides the natural Faculties( says Sr. Jo. Davys) and powers of his mind, which he ought to have in great perfection, he must be furnished with all Learning, that hath any Relation to the public good; Divinity, Law, Policy, Morality and especial Elequence, to impart and communicate all the rest. He must withall have a long, and universal Experience in all the affairs of the Commonwealth: He must be accomplished, and absolute in all points of Gravity, Constancy, wisdom, Temperance, Justice, Piety, Integrity, and all other virtues, fit for Magistracy, and Government; yet so as the same be seasoned, and tempered with Affability, Gentleness, Humanity, courtesy, howbeit without descending or diminishing himself, but still retaining his dignity, state, and honor. briefly, he must be a person of such virtue and worthiness, as his Life may be a Censure, and his Example a Mirror for all other Magistrates. These are the Excellencies, and perfections, wherewith the Chancellor must be qualified, and adorned. And thus qualified indeed is the Right honourable parsonage, that is now Lord High Chancellor of England. 5. His Duty. THe Lord Chancellors Office and Duty is included in the Oath, that his Lordship taketh, upon the delivery of the Great seal, and this same Oath consisteth upon six parts; He shall Swear: 1. That well and truly Co. 4. Inst. 88. he shall serve our sovereign Lord the King, and his people, in the Office of Chancellor. 2. That he shall do right to all manner of people, poor, and rich, after the Laws, and usages of the realm. 3. That he shall truly counsel the King, and his Counsel he shall lain, and keep. 4. That he shall not know, nor suffer the hurt, and disheriting of the King, or that the Rights of the crown be decreased by any means, as far as he may let it. 5. And if he may not let it, he shall make it clearly, and expressly, to be known to the King, with his true advice, and counsel. 6. And that he shall do, and purchase the Kings profit in all that he reasonably may. 6. His Jurisdiction, Power and Authority. THe Lord Chancellor is the chief person for matter of Justice( in Civil Causes especially) next unto our Gracious sovereign Lord, the Grand dispenser of the Kings B●u●ty, and Mercy: For whereas all other Judges in this kingdom are tied to strict Rules of Law, and may not swerve from them, in Judgement, the Lord Chancellor hath in this a more absolute Power, to moderate, and temperate the written Law, ordering all things, juxta aequum, et bonum and therefore he is said in our Books, to have two Powers, one Extraordinary, the other Ordinary; intimating, that though by his Ordinary power in some Cases, he must observe the form of proceeding as other ordinary Judges, yet that in his Extraordinary power, he is not limited by the Law but by Conscience, according to the Circumstances of the matter in Question. And this appears out of the words of my Lord cook: In the Chancery, says he, are two Courts, one Ordinary, Coram Domino Rege in Cancellariâ, wherein Co. 4. Inst. f 79. 3. Inst. f. 71. the Lord Chancellor proceeds according to the right line of the Laws, and Statutes of the realm, secundum Legem, et Consuetudinem Angliae. Another Extraordinary according to the Rule of Equity, secundum aequum,& bonum. vide 8 E. 4. 5. 9 E. 4. 15. 14 E. 4. 7. Stamf. prayer. c. 20. f. 65. b. Plowdens Comment. f. 72. Hob. Rep. Martin v. Marshal,& Key f. 63. Of these two Powers I shall speak more particularly, as followeth: 1. The Lord Chancellor by his Ordinary power may hold plea of Scire facias, to repeal the Kings Letters Patents, under the Great Seal, being always enrolled in the Court of Chancery, which said Writ of Scire facias, to repeal, or cancel Letters Patents, doth lie in this Ordinary Course of Justice in 3 Cases, sc. First, when the King by his Letters Patents doth grant by several Letters Patents, one and the same thing to several persons, the former Patentee shall have a Scire facias, to repeal the second Patent. Secondly, when the King granteth any thing, that is grantable, upon a false suggest●on, the King by his prerogative Jure regio, may have a Scire facias, to repeal his own grant. Thirdly, when the King doth grant any thing, which by Law he cannot grant, he Jure Regio( for advancement of Justice, and Right) may have a Scire facias, to repeal his own Letters Patents. The Lord Chancellor hath likewise power to hold plea of Petitions, Monstrans de Dr●its, Traverses of Offices, partitions in Chancery, of Scire facias upon recognisances in this Court, writs of A●dita Co. 4. Inst. 79,& 80. Querela, and Scire facias in the nature of an Audita Querela, to avoid Executions in this Court; Dowments in Chancery, the writ de Dote assignanda upon Offices found, Execution upon the Statute staple, or recognisance, in nature of a Statute staple upon the Act of 23 H. 8. but the Execution upon a Statute merchant is returnable either into the Kings Bench or into the Common Pleas, and all personal Actions by or against any Officer, or Minister of the Court of Chancery, in respect of their Service or Attendance there. Thus much of the Lord Chancellors Ordinary power, proceeding secundum Legem,& consuetudinem Angliae. 2. The Lord Chancellor by virtue of his Extraordinary power, that is absolute, and unlimited Hobarts Reports Martin V. Marshall& Key. ( though out of Discretion his Lordship doth entertain some forms, which he may justly leave in special Cases) bindeth and looseth the proceedings of Law, and decideth Causes, by the Rules of his own Conscience; He being sole Judge both in the Court of Equity, and in the Court concerning the Common Law, but in Cases of weight or difficulty he doth assist himself with Co. 4. Inst. f. 84. some of the Judges of the realm, and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in trial of the Nobility, who also is assisted with some of the Judges. By virtue of this extraordinary power his Lordship judges according to his Conscience of all Covins, Frauds, and deceits, of Accidents, Breaches of Trust and Confidence, of Defects of Remedy at Law, of Incertainties, and the like▪ Thus much of the Lord Chancellors Jurisdiction ordinary, and extraordinary in the high Court of Chancery. I now proceed to other Incidents of his Authority, and power, which he enjoyeth by the Delivery of the Broad Seal of England. To his Lordship belongeth Lamberts Justice of peace Lib. 1. c. 5. the constitution of the Justices of peace, and Quor●m by Commission, throughout all England. And by the Act of 3 E. 6. c. 1. he was restored to his ancient Authority, in naming the Custos Rotulorum. It appertaineth to the Co. Litt. 96. a. 344. a. Davys Reports De capitulariter congregatis 46. b. Chancellor of England to visit all hospitals, which be of the Kings Foundation, or of any of his Progenitors. And so likewise the Free-Chappels of the King, or of any of his Royal predecessors, no Ordinary shall visit, but onely the Chancellor of England. To the Chancellor it belongeth, Ratione Officii, to pronounce the Cause of Summons at the beginning of a Parliament. The Chancellor is to be present at all the Kings Councils, and thither to repair uncalled. As often as the place of any of the Justices at Westm. by Death, or otherwise Fortescue C. 51. is voided, the King useth to choose one of the Serjeants at Law, and him by his Letters patents to ordain a Justice, in the place of the Judge so ceasing, And then the Lord Chancellor of England shall enter into the Court, where the Justice is so lacking, bringing with him those Letters patents, and sitting in the midst of the Justices, causeth the sergeant so elect, to be brought in, to whom in open Court he notifieth the Kings pleasure, touching the Office of the Justice, then void, and causeth the aforesaid Letters patents to be openly red: which done, the Master of the Rolls shall red before the same Elect person, the Oath that he shall take; which when he hath sworn upon the holy Gospel, the Lord Chancellor shall deliver unto him the Kings Letters aforesaid. Note: Divers Acts of Parliament give Authority Co. 4. Inst. 81,& 82. to the Lord Chancellor, to hear and determine divers offences and Causes in the Court of Chancery, which is ever intended in the Court proceeding, secundum Legem et consuetudinem Angliae. 7. His Honour and precedency. CAncellarii Angliae, says Fitz Stephen, dignitas est, ut secundus à Rege in Regno habeatur: The dignity of the Chancellor of England is this, He is reputed the Second person in the realm, and next unto the King. By the Statute of 31 H. 8. c. 10. the Lord Chancellor hath the precedency of all other Great Officers of the realm. 8. His privileges. THe Lord Chancellor by the Statute of 21 H. 8. c. 13. may have three Chaplains, whereof every one may purchase a Licence, or dispensation, and receive and have two benefice with Cure of Souls. By the Stat. of 27 H. 8. c. 11. The Lord Chancellor may pass things through the Seals, without paying any Fees. It is a privilege appertaining to his Lordship, to present to all the Kings ploughed. come. Hare v. Bickley 528. Churches or benefice, which are under value, that is under 20 marks, and be in the Kings Gift, and in jure Coronae, and whereof his Majesty is Patron. But if the King have them by any collateral Title, the Lord Chancellor shall not have these presentments, but the King. 9. His Assistants. IN the High Court of Chancery sit as Assistants to the Lord Chancellor in matters of Judgement, twelve Masters of Chancery, whereof the Chief and Principal is the Master of the Rolls, anciently called Garden des Rolls, Clericus Rotulorus, Custos Rotulorum: His Office is a very ancient Co. 4. Inst. 95. Office, and grantable either for Life, or at Will, at the pleasure of the King. The house annexed to his Office, is called Domus Conversorum, so called because King H. 3. founded this house of Jews as should be converted to the true Religion of Jesus Christ, and there should have maintenance, and allowance, which continueth to this day. King E. 3. anno 15. of his Reign, by Letters Patents annexed this House to the Office of Custos rotulorum, and this Office is grantable by Letters Patents. 10. His Attendants. THe Officers and Ministers that do prinpally attend on his Lordship, and do their service to the Great Seal, are, the Clerk of the Crown, the Clerk of the Hanaper, the Sealer, the Chafe-Wax, the Controller of Co. 4. Inst. 82. the Chancery, twenty four Coursitors, the Clerk of the presentations, the Clerk of the faculties, the Clerk examiner of Letters Patents, the Clerks of the petty bag, the six Clerks, the two Examiners, and the Registers. Having thus far spoken concerning the Antiquity, Creation, Qualifications, Jurisdiction, Dignity, Privileges &c. of that person, to whom the care and Custody of the Great Seal of England is committed by our most Gracious sovereign Lord the King, it followeth in order to show you the Law of England immediately touching, and appertaining to this Great Seal, as 1. What a Seal is. 2. The Antiquity of Sealing. 3. What sigillus Regis generally spoken means. 4. The manner of pleading any thing under the Great Seal. 5. What things must pass the Great Seal to make them valid, and authentic in our Law. 6. The remedy, or way to have things under the Great Seal, as the Case shall require. 7. The diversity betwixt a Constat, Exemplification, Vidimus, Inspeximus, Innotescimus, &c. 8. and lastly, The Counterfeiting the Great Seal of England. 1. What a Seal is. SIgillus est, says cook, Cera impressa, quia sine impressione non est Sigillum; And therefore it is required that Deeds, Co 3. Inst. f. 169. Charters, or other writings must be Sealed; that is, have some Impression upon the wax, otherwise they have not the validity, and force of Deeds without a Seal. 2. The Antiquity of Sealing. THe Sealing of Charters, and Deeds is much more ancient than some, out of Error, have imagined, for the Charter of King Edwin, brother of King Edgar, bearing date Anno Domini 956. made of the Land called Jecklea in the Isle of Ely, was not only Sealed with his own Seal( which appeareth by these words, Ego Edwinus gratia Dei totius Britannnicae telluris Rex meum donum proprio sigillo meo confirmavi) but also the Bishop Co. Litt. f. 7. a. of Winchestre put to his Seal, Ego Aelfwinus Winton' Ecclesiae divinus Speculator proprium sigillum impressi: And the Charter of King Offa, whereby he gave the Peter-pence, doth yet remain under Seal. But no King of England, before, or since the Conquest, Sealed with any Seal of arms, before King R. 1. but the Seal was the King, sitting in a chair on the one side of the Seal, and on horseback on the other side in divers Forms. 3. Sigillum Regis what. SIgillum Regis generally spoken is always intended the Great Seal propter Excellentiam, according to the Rules of the Common, and Civil Law. Verbum aequivocum sumitur in partem digniorem,& potentiorem. Verba aequivoca,& in dubio posita intelliguntur in digniori, et potentiori sensu. Verba sunt semper intelligenda in potentiori significatu: And so is our Bracton to be understood Lib. 3. f. 119. where he saith; Si aliquis accusatus fuerit, vel convictus, quod sigillum Domini Regis falsaverit, consignando ind Chartas, vel Brevia &c. pro voluntate Regis Judicium sustinebit. 4. The pleading a thing under the Great Seal. THe pleading of a Commissiom, or Proclamation, and doth not say, Sub magno sigillo, whether it be good or no take these two following Cases. sc. 1. There was Covenant brought for not Building of an House, where the Defendant covenanted, Cro. 3. part Keyley v. Manning f. 180, 181. That he would erect three Houses upon such Land demised unto him, unless he were restrained by the Kings proclamation &c. The Defendant pleaded, That such a day and year the King made a Proclamation, to restrain building; and thereupon the Plaintiff demurred; and the Cause shown was, because a Proclamation was pleaded, and no place expressed where the Proclamation was made, and so no visne, if Issue should have been joined thereupon; Also because it is not pleaded, to have been made sub magno Sigillo Angliae, otherwise it is not good. And of this Opinion were all the Court, upon the first motion, because a Proclamation binds not, unless it be under the Great Seal, and if it be denied, there can be no Issue thereupon( but only Nul tiel Record) which cannot be, unless he pled it sub magno sigillo. But afterwards being again moved, Jones, and Whitlocke seemed to doubt thereof, because when it is pleaded, that such a Proclamation was made, it shall be intended duly made: as in Rescous, it is returned, Quod fecit warrantum, although it be not pleaded in writing, yet it shall be so intended. But it was thereto answered, True it is when it is but by way of Inducement, but otherwise, when it is the Substance of the Plea: whereupon it was adjourned. 2. In the Case, betwixt ston and Newman, it was moved upon Exceptions to the Pleading: One of them was, That the Indictment was by virtue of a Commission granted to divers persons, and he doth not say, sub magno Cro. 3. part ston v. Newman f. 461. sigillo Angliae, And that the attainder was upon the Tryl baefore the commissioners, and he doth not say, sub magno sigillo, so as, if it were not sub magno sigillo, it is not good. And in proof thereof, the pleading in the Common Bench, in Moultons Case was remembered, That the Commission was sub magno sigillo; And in Huntleys Case, in the Court of Kings Bench, because the Deprivation was found before the Commissioners Ecclesiastical virtute Commissionis, to them directed, and doth not say, sub magno Sigillo, it was held to be ill, and cook Lib. 5. f. 51. Letters Patents were pleaded sub magno sigillo. And although it be true, that in ploughed. come. in Walsinghams Case, it is pleaded as here, and doth not say, sub magno sigillo, and yet Judgement given; It was said, That was because no exception was taken thereto: And in cook Lib. Entr. f. 174. the Commission is pleaded by Letters Patents, sub magno sigillo, and an attainder by virtue thereof, & ibid. 194. in the Care of Sr. moil Finch it was so likewise pleaded: so generally the pleading is sub magno sigillo: otherwise it is ill, as no attainder pleaded. And of that Opinion was Jones at the first; but afterward upon search of Presidents, whereby it appeared, that sometimes Sub magno sigillo was omitted, and when it is shown, Quod per Literas patents Commissionis( omitting sub magno sigillo) It is to be intended under the Great Seal and not otherwise. All the Court agreed, that although it were the better Course to show, that it was sub magno sigillo, yet being omitted, it is well enough, and good both ways: And they agreed, that here, according to the greater Opinion in the Exchequer Chamber, Judgement should be entered for the Playntiff. Note; Letters Patents being matter of Record, and shown to the Court, Co. Litt. 260. a. Lib. 6. Edens Case. under the Great Seal, cannot be denied, neither can the party say, Nul tiel Record. 5. What things ought to pass the Great Seal. 1. Auditors. THe nomination of Auditors in the Court of wards ought to be under the Great Seal. cook Lib. 11. Auditor curls Case. 2. Summons in Parliament. He that declares the Cause of Summons in Parliament, not being Chancellor, or Lord Keeper, must at this day have a Commission under the Great Seal. The form of that Commission you may see in Mr. Elsings Modus tenendi Parliamentum. 3. Kings Treasure, No Officer of the King can dispose of any part of the Kings Treasure, for the profit, and Honour of the King, without warrant under the Great or privy Seal. Co. Lib. 11. earl of Devons Case. 4. An Office of entitling. One Tregose was indicted of a Praemunire upon the Statute of 13 Eliz. and afterward made a gift in Tail of that Land, and was after attainted by Verdict, and had Judgement for the said Offence; And it was afterwards Cro. 3. part. gross v. Gager. found by Inquisition, upon a Commission out of the Exchequer, that Tregose was seized in Fee of those Lands at the time of the Offence committed; And that the Queen by Patent granted those Lands to Sr. Geo. carry &c. One of the Questions was, whether this Patent after the Inquisition by Commission under the Exchequer Seal( no Office being found by Inquisition under the Great Seal) be good by the Statute of 18 Eliz. c. 2. which makes Patents upon valuable Consideration good, notwithstanding there be not any Inquisition under the Great Seal? It was resolved, that in this Case nothing vested in the King, until Office found; and it ought to be an Office by Commission under the Great Seal; For the Frank-tenement, being in the party offending at the time of the attainder, it shall not be divested from him, and in the King without Office by Commission under the Great Seal which is only an Office to entitle the King, and not by Inquisition, by virtue of a Commission under the Exchequer Seal, which is but for Instruction, or Information to the King, and for his Officers, to put the Lands holden of the King in Charge: but here the Lands are not come unto the King, until Office found. 5. Reteiner. If a man be indicted of felony, and found guilty, and being in Prison, the King may retain him to serve in his Wars, on this side, or beyond the Seas, but this retainer must be under the Great Seal. Co. 3. Inst. f. 239. 6. Private Acts not Printed. All such private Acts as are not imprinted, if a man will have the same Exemplified, he must transmit the same to the Lord Chancellor, to be ingrosses, and sealed under the Great Seal. 7. essoing and Protection. No essoing de servitio Regis, or writ of Protection can be warranted, or allowed, unless it be under the Great Seal, and the Reason is, because they tend to the delay of Justice, if they be not duly obtained, and therefore the Law requireth the Great Seal. Co. Litt. 131. a. Co. 2. Inst. f. 555. 1. traveling beyond Seas. The King may grant Licence to travail beyond Seas, either under the Great Seal, Privy Seal, or Signet, but he cannot recall one that is beyond Seas, but by the Great Seal or Privy Seal. Co. 3. Inst. f. 179.& 180. 9. Guardian of England. The Parliament cannot begin but by the royal Presence of the King, either in Person or by Representation: By Representation two ways, either by Guardian of England by Letters Patents, when the King is in Remotis out of the Realm, or by Commission to certain Lords of Parliament representing the Person of the King, he being within the Realm, in respect of some infirmity. Either of these ways, viz. by Letters Patents, or Commission it must be under the Great Seal. Co. 4. Inst. f. 6. 10. Steward of England. The Steward of England for the trial of a Nobleman must be constituted by the Kings Commission under the Great Seal of England. Co. 3. Inst. f. 28. 11. Person accused of Treason. A discharge from the King of further proceeding against a Person accused of Treason, or Felony, must be under the Great Seal of England. Co. 3. Inst. f. 239. 12. A Ward. A Question was, whether a Lease for years, durant minore aetate, may be under the Seal of the Court of Wards, or ought to be under the Great Seal? And the Court held it, to be well enough, under the Seal of the Court of Wards, and so hath ever been the practise, since the Creation of the Court of Wards: And they likewise held, That a Lease of the Land might be well before Office: But of the Body it cannot be granted but under the Great Seal, and after Office. Cro. 1. Part, West v. Lassels. 13. Clayms before a Coronation. At every Coronation the Lord Steward of England hath a Commission hac 'vice, to hear, and determine the claims for grand Serjeanties, and other honourable Services to be done at the Coronation for the solemnization thereof, and this Commission is under the Great Seal of England. Co. 4. Inst. f. 59. 14. President of the Council. The Office of the President of the Council was never granted but by Letters Patents under the Great Seal. Co. 4. Inst. f. 55. 15. Riotts, Extortions &c. For Riotts, Extortions, Oppressions, &c. by persons done against the Kings Peace, and Laws, to divers of his Liege people, Commandment hath been and is given by the Kings Writ under the Great Seal, to appear before the King in Chancery, &c. Co. 4. Inst. f. 61. 16. Redress of Delays. The Commission, and power of a Prelate, two Earls, and two Barons to redress delays of Judgement must be under the great Seal. Co. 4. Inst. f. 69. 17. Judges discharged. The Chief Justice of the Kings Bench, and the rest of the Judges may be discharged by Writ under the Great Seal. Co. 4. Inst. f. 75. 18. Process in Star-chamber. All the writs, and process of the Court of Star-chamber are under the Great Seal. Co. 4. Inst. f. 63,& 66. 19. The Office of the Treasurer. The Lord Treasurer of England hath granted to him by Letters Patents under the Great Seal, Thesaurariam Scaccarii Regis Angliae, which of ancient time was a distinct Office by itself. Co. 4. Inst. f. 105. 20. Lands in the Kings Hands. To the end that no Lands in the Kings Hands, which ought to be to the Kings Profit, should be without a Farmor, that should yield a Rent to the King, the Treasurer in certain Cases, and with certain Cautions ought to make a Warrant to the Great Seal for demising thereof. Co. 4. Inst. f. 111. 21. Untrue accounts in the Exchequer. The Court to inquire of, and certify unlawful, and untrue accounts in the Exchequer sitteth by Commission under the Great Seal. Co. 4. Inst. f. 117. 22. arms, surname, and Barony. An assignment to another of a mans arms and Barony must be by Letters Patents under the Great Seal. Co. 4. Inst. f. 126. 23. trial of Treasons &c. committed upon the Sea. The Court for the trial of all Treasons, Felonies, Robberies, Murders and Confederacies, committed, or done upon the Sea by force of the Statute of 28 H. 8. c. 15. must be by Commission under the Great Seal of England. Co. 4. Inst. f. 147. 24. Beacons, Light-Houses, Sea-marks &c. At the Common Law none but the King only could erect Beacons, Light-Houses, and Sea-marks, which ever was done by the Kings Commission under the Great Seal. Co. 4. Inst. 148. 25. Sewers. The Authority of those, that are employed about Sewers, is by Commission under the Great Seal of England. Co. 4. Inst. 275. 26. Bankrupts. The Authority of the Commissioners upon the Stat. of Bankrupts, is by Commission under the Great Seal. Co. 4. Inst. f. 277. 27. The Isles of Jersey, Man, &c. Albeit the Kings Writ runneth not into the Isles of Jersey, Garnsey, Man, &c. yet his Commission doth, but then it must be under the Great Seal. Co. 4. Inst. f. 286. 28. Commissioners in Causes Ecclesiastical. The Assignation, and Authorizing of Commissioners, to execute the Ecclesiastical Jurisdiction, which was restored to Q. Elizabeth, ought to be under the Great Seal. Co. 4. Inst. f. 326,& 327. 29. Delegates. The Commissioners, called Delegates, do sit by force of the Kings Commission under the Great Seal of England. Co. 4. Inst. 339. 30. Pardoning part of the Judgement. In the Case of High Treason, committed by a Nobleman, if all the Rest of the Judgement( saving the beheading, which is part of the judgement) be pardonned, this ought to be under the Great Seal of England. Co. 3. Inst. f. 31. 31. Prorogation of a Parliament. When the Parliament shall not begin at the day of the return, but for certain urgent Causes then to be prorogued until another day, then to be holden before the King, there is a ready way for the effecting thereof, and that is by Writ Patent under the whole Great Seal, &c. Co. 4. Inst. f. 7. 32. Royal Assent. The Royal Assent, in the Kings Absence, to an Act of Parliament, is of validity and Force, if by Letters Patents under the Great Seal. Co. 4. Inst. f. 28. 33 H. 8. c. 21. 33. Justice in Eyre. The Justice in Eyre of the Kings foreste, hath Authority, and Jurisdiction, to hear, and determine, touching Vert& Venison, &c. by force of Letters Patents under the Great Seal. Co. 4. Inst. f. 391. 34. Forests Woods. When need is to sell seasonable woods within the Kings Forests, or Timber for his Majesties use, the same must be sold or taken by force of the Great Seal, or Exchequer Seal by view of the Foresters. Co. 4. Inst. 299. 35. The proceedings of the Parliament in Ireland. All the Bills of Ireland, which are affirmed or altered here in England, ought to be returned under the Great Seal of England. Co. 4. Inst. f. 353. 36. The Isle of Man. The Isle of Man, which is no part of the Kingdom, but a distinct Territory of itself hath been granted by the Great Seal to divers Subjects, and their Heirs: It was resolved by the Lord Chancellor, the two Chief Justices, and the Chief Baron that the same is an Estate descendible, according to the Course of the Common Law, for whatsoever Estate of Inheritance pass under the Great Seal of England, it shall be descendible, according to the Rules, and Course of the Common Law of England. Co. Litt. 9. a. Co. 4. Inst. 284. 37. The Kings Grant of Lands. By the Common Law no grant of any Lands is available from the King, or pleadable, but under the Great Seal of England; But there are 3 Remedies, to have it under the Great Seal, as the Case shall require. 6. The Remedy to have things under the Great Seal. 1. A Man may have a Duplicat at the Sealing of the Letters Patents. 2. If they be lost, he may have a Constat, upon Oath made that they be lost, and that if they be found again, then they shall be restored again into the Chancery, to be canceled. 3. The Party may have an Exemplification upon the enrolment. Now an Exemplification is when a man will have any original Record written out, and exemplified forth of the Court, where it remains, to which purpose he may have a Writ, as appeareth by the Register. Orig. f. 290. And if a man will pled a Record in another Court than where it remaineth, it behoveth him to have this Record exemplified under the Great Seal of England if he be denied, for it ought to come into the Chancery by Certiorare, and there to be exemplified under the Great Seal, for if it be exemplified under the Seal of the Common Pleas or of the Exchequer, or such like, this will not serve, unless in Evidence to a Jury. See Co. Lib. 5. f. 53. But heretofore a dead enrolled could not be pleaded, though it were exemplified under the Great Seal, without showing forth the dead itself under Seal: vide 32 H. 8. in Patents Br. 12 H. 7. 12. b. and not the exemplification: And so no Constat, or Inspeximus of the Kings Letters Patents were available to be shewed forth in Court, but the Letters Patents under Seal. For both the Constat and Inspeximus are but Exemplifications of the enrolment of the Charters, or Letters Patents, and this appeareth by the Resolution of two several Parliaments, one holden in the third, and fourth year of King Ed. 6. and the other in the 13. year of Q. Eliz. But now by those Statutes the Exemplification, 3& 4 E. 6. c. 4.& 13 Eliz. c. 6. or Constat under the Great Seal of England of the enrolment of any Letters Patents, made since the fourth day of February, Anno 27 H. 8. or after to be made, shall be sufficient to be pleaded, and shewed forth in Court, as well against the King as any other person, by the Patentees themselves, and by all and every other person or persons, claiming by, from, and under them. Which Statutes are general, and beneficial, and especially the Act of 13 Eliz. for that extends not only to Lands, Tenements, and Hereditaments, but to every other thing whatsoever, and ought to be favourably Construed for advancement of the Remedy, and Right of the Subject. And seeing the aforesaid Statutes do extend to make an Exemplification, or Constat of Letters Patents to be pleadable, it will be not inconvenient, to show the diversity betwixt an Exemplification,& a Constat, and the signification of other words, by which Letters Patents are commonly name, viz. Inspeximus, Innotescimus,& Vidimus. 7. The difference betwixt a Constat, Inspeximus,& Vidimus. AN Exemplification,& an Inspeximus are all one, as an Innotescimus, and Vidimus are. Co. Lib. 5. Pages Case. An Inspeximus, or an Exemplification begins in this manner: Carolus Secundus Dei gratia &c. Omnibus &c. Inspeximus Irrotulamentum quarundam Literarum Patentium &c. and it doth recite the Record word by word, and doth conclude in this Form: Nos autem tenorem Literarum Patentium predict. &c. ad Requisitionem A. B. duximus ad Exemplificandum per Praesentes. In cujus rei Testimonium &c. And it is called an Inspeximus, because it beginneth after the style of the King with Inspeximus. And 'tis called an Exemplification a Reipsa, because the Record by it is Exemplified, as it doth appear by the end of it. viz. Duximus ad Exemplificandum per Praesentes; And the Constat doth begin after the style of the King: viz. Constat nobis per Inspectionem Rotulorum Cancellariae nostrae, quod Dominus Jacobus nuper Rex Angliae Avus noster praecharissimus Literas suas fieri fecit patents in haec verba &c. Jacobus Dei gratia. &c. and reciteth all the Letters Patents word by word. Nos autem pro eo quod Literae patents predict. sunt casualiter amissae, sicut A. B. nobis in Cancellariâ nostrâ personaliter sacramentum praestiterit Corporale,& quod ipse Literas praedictas, si eas in posterum reperire contigerit nobis in Cancellariam nostram restituerit Cancellandas, Tenorem Irrotulamenti praedicti ad Requisitionem A. B. duximus ad exemplificandum per praesentes. In Cujus Rei Testimonium &c. And it is called a Constat, for that after the style of the King it beginneth with this word Constat, but nothing is exemplified in the Tenor of the Record. Also by what has been said, it is apparent that a man cannot have a Constat without an Affidavit( as it is seen by the form of the Constat) but an Inspeximus may be obtained without an Affidavit. An Innotescimus, and a Vidimus be all one, They are always of a Charter of Feoffment, or some other Instrument, which is not of Record; And the Innotescimus doth begin in this Form: Rex &c. Omnibus &c. Inspeximus queddam scriptum ten. per A. B. R. G. Sigillo ipsius A. B. Sigillat. ut dicitur in haec verba: Sciant praesentes &c. and reciteth the Instrument de verbo in verbum,& hoc omnibus quorum interest, aut interest poterit in praemissis innotescimus; by reason of the word Innotescimus in the end, it is so styled: and sometimes it doth commence, Vidimus quoddam scriptum &c. and them 'tis called a Vidimus. Further there are these Diversities betwixt an Exemplification, and a Constat: If the Kings Letters Patents be eaten with rats, or stained by any means, the Patentee( as it is a received Opinion) cannot have a Constat, but he may have an Exemplification upon the Record, for that the Constat is never had, but upon the Losing of the Patent. Again: Strangers as well as Privies may have an Exemplification, but a 20 H. 7. 7. b. Constat only lies for those that are Privies. I shall now conclude the Learning, touching Exemplifications with these following Quaeres, with their Resolutions: Qu. 1. Whether that, which is to be Exemplified under the Great Seal, ought to be of Record? Res. Neither dead, Charter, or other writing, either Sealed, or without Seal, ought to be exemplified under the Great Seal, or any other Seal in Court of Record; for Seals of Courts of Record ought not to exemplify any thing, but that which is of Record, because Records be public, whereunto every Subject may have Recourse, to confer the Exemplification with the Record itself; And Records Co. Lit. f. 225. b. be in the Custody of sworn Officers, and therefore no Inconvenience can follow upon the Exemplification of them. But a dead, Charter, and Co. 3. Inst. 17●. other writings are private, and remain in the Custody of the Party, and may be razed, interlined, or corrupted in points material, and if they should be exemplified, the Rasure, interlineation, and Corruption shall not appear therein. Also the dead, Charter, or other writing may be forged, and if they should be exemplified, then the exemplification might ever be shewed in evidence, and not the dead &c. itself, and so the Forgery, and Falsity should never upon the view of the dead, or of the Seal, or other things Rising upon the view, be discovered. Qu. 2. Whether all Records may be exemplified under the Great Seal of England? Res. No Record, or enrolment of any Record, may be Exemplified under Co. 3 Inst. 173. the Great Seal, but of a Record of the Court of Chancery, or other Record duly removed thither by Certiorari &c. Qu. 3. Whether part of a Record can be Exemplified? Res. No Exemplification ought to be of any Co. 3. Inst. 173,& 174. part of a Letters Patents, or of any other Record, or of the enrolment thereof, but the whole Record of the enrolment thereof ought to be Exemplified, so that the whole Truth may appear, and not of such part, as makes for the one Party, and nothing, that makes against him, or that manifesteth the Truth. Qu. 4. How an Exemplification of any Grant, enrolled at the Rolls, is to be sued forth? Res. If any Grant which hath passed the Great Seal, be enrolled in the rolls, and you would have it Exemplified, you must first search in the chapel of the Rolls for the enrolment thereof, which being found, any Clerk of that Office may engross the same: then must you get it examined with the enrolment, by two Masters of Chancery, who must testify the said Exemplification under their hands, and then( it being ready for the Great Seal) you must bear the Docket thereof unto the Lord Chancellor, to examine, and peruse the same, which being by his Lordship allowed, it may pass the Great Seal, and be exemplified. Thus much of the Diversity betwixt a Constat, Inspeximus, Vidimus &c. with other matters appertaining to Exemplifications. I go on now to mention the Eighth, and last thing proposed, viz. The Counterfeiting the Great Seal. 8. Crimen Falsi or Counterfeiting the Great Seal. BY the Stat. of 25 E. 3. c. 2. de pr●ditionibus, it is declared, that if any man counterfeit the Kings Great Seal, it is Crimen laesae Majestatis Anglicanae, High Treason against the King; which Counterfeiting before this Act, was High Treason by the Common Law, as appeareth by our ancient Lawyers, viz. Bracton, Fleta, briton, and horn, in his Mirror of Justices. A Compassing, Intent, Co. 3 Inst. 15. or going about, says cook, to counterfeit the Great Seal is no Treason, but there must be an Actual Counterfeiting, also it must be to the Likeness of the Kings Great Seal; the words be, Counterface le Grand Seal le Roy. Now what shall be said a Forging, or Counterfeiting this Broad Seal take these few Examples. If the Lord Chancellor, or Lord Keeper put the Co. 3. Inst. 15. Great Seal to a Charter &c. without warrant, this is no Treason, because the Seal is not counterfeited. But it seemeth by briton fol. 10. b. that it was Treason at the Common Law, and of that Opinion is Fleta f. 29. a. but it is no Treason now( without Question) by the negative Clause of the Act aforesaid. If a man take wax Lawfully imprinted with the Great Seal from one Patent, and fix it to a writing purporting a grant from the King, there have been divers Opinions in this Case what the Offence is, which I shall rehearse. In 40. Ass. which was 40. Ass. pl. 33. about 15 years after the making of the Stat. of 25 E. 3. it was not holden High Treason, but a great Misprision, for that is no Counterfeiting of a new, but an abuse of the true Great Seal. A Chaplein had fixed a Great Seal to a Patent of 37 H. 8. Br. Treason. Dispensation with Non Residence, and this was holden a Misprision, and not High Treason, for it was an abuse of the Great Seal, and no Counterfeiting of it. G. leak, a Clerk of Chancery joined two clean Parchments fit for Letters Patents so close together with mouth glue, as they were taken for one, the uppermost being very thin, and did put one label through them both, then upon the uttermost he writ a true Patent, and got the Great Seal put to the label, and so the label, and the Seal were annexed to both the Parchments, the one written, and the other Blank: He cut off the glued Skirts round about, and took off the uppermost thin Parchment( which was written, and was a true, and perfect Patent) from the label, which with the Great Seal did still hang to the Parchment, then he wrote another Patent on the Blank Parchment, and did publish it as a good Patent. Hereupon one of the Questions was, whether this Offence be High Treason, or no? And upon Conference had between the Judges, it was resolved by them, that this Offence was neither High Treason, nor Petit Treason, because it is not within either of the Branches of the Stat. of 25 E. 3. but it is a very great Misprision. Thus much of the Great Seal of England. II. Of the privy Seal. PArvum Sigillum, the Little, or Petit Seal, after called Privatum Sigillum, the privy Seal, is a Seal, that his most Sacred, and excellent Majesty useth sometime for a warrant, whereby things passed the privy Signet, and brought to it, are sent Co. 2. Inst. 554. further to be confirmed by the Great Seal of England: Sometime for the strength or Credit of other things, written upon Occasions more Transitory, and of less continuance, than those be that pass the Great Seal. This Seal is in the Custody of the Clerk of the cook Ibid. privy Seal, called Keeper of the privy Seal, after Lib. 2. c. 13. called Lord privy Seal, of which great Officer Fleta saith thus: Custodi Sigilli privati associentur Clerici honesti,& circumspecti, Domino Regi jurati, qui in Legibus& Consuetudinibus Anglicanis notitiam habent pleniorem, quorum Officium sit, supplicationes& Querelas Conquerentium andire,& examinare,& eis supper qualitatibus Injuriarum ostensarum, debitum Remedium exhibere per Brevia Regis: By this ancient writer( says Sr. Ed. cook) three things are worthy of Observation: sc. 1. That the Clerks Associates to the Keeper of the privy Seal, are those we now call, Masters of Requests, Magistri à Libellis supplicum. 2. Of what Quality ought these Masters of Requests to be? They must have 3 Qualities: 1. They must be honest, and circumspectly. 2. They must be sworn to the Lord our King. 3. They must have a complete, and full knowledge, or skill in the Laws, and Customs of this Realm. 3. To what end did they hear, and examine the matters, contained in these Petitions? That they( being skilful, and expert in the Laws) should direct such as petitioned the King, to take their Remedy, according to their Case, either at the Common Law, or in the Court of Chancery. Further: this Keeper of the privy Seal is a Lord by his Office, under whose hands pass all Charters signed by the King, before they come to the Broad, or Great Seal of England, and he does besides his Oath of a privy counselor, take a Particular Oath of the privy Seal, which doth consist of 4. parts, viz. 1. That he, as far forth as his cunning and discretion suffereth, justly, and evenly Execute and Exercise the Office of the Keeper of the Kings privy Seal, to him by his Highness committed. 2. Not leaving, or eschewing so to do for Affection, Love, mead, doubt, or Dread of any Person, or Persons. 3. That he shall take special Regard, that the said privy Seal in all Places, where he shall divert unto, may be in such substantial wise used, and safe kept, that no Person without the Kings special Commandment, or his Assent, or knowledge, shall move Seal, or imprint any thing with the same. 4. Generally, he shall observe, fulfil, and do all, and every thing, which to the Office of the Keeper of the Kings privy Seal duly belongeth, and appertaineth. This is an Office, says cook, of Great Trust, and Skill, that he put this Seal to no grant without good warrant, nor with warrant, if it be against Law, undue or inconvenient, but that first he acquaint the King therewith. Upon the Lord privy Seal are Attendant four Clerks of the privy Seal: They writ, and make out all things, that be sent by warrant, from the Signet to the privy Seal, and are to be passed to the Great Seal; as also to make out( as they term it) Co. 2. Inst. 555. Co. 4. Inst. f. 55. privy Seals, upon any special Occasion of his Majesties affairs, for Loan, or Lending of Money, or such Like. What Fees these Clerks of the privy Seal, and 27 H. 8. c. 11. likewise of the Signet shall have, for their writing, and pains, appears by the Stat of 27 H. 8. whereby it is enacted, that every Clerk, and Clerks of the Signet, and privy Seal shall have and take for the writing of a Warrant: sc. 1. Upon a Bill for Tales of Reward 0 1 0 2. For the gift of every Office 0 1 8 3. For a Pension, Annuity, or wages 0 1 8 5. For a Special Livery or other Perpetuity 0 6 8 5. Upon every Bill for congee D'eslyer, Royal Assent, Restitution of Temporalties, Donatives, Advocations, Presentations, or other Ecclesiastical matter 0 3 8 6. For the writing of every warrant upon a Placard, licence, Pardon, or Sheriffs Reward 0 2 0 7. For the writing of every warrant on a Denizen 0 3 4 8. For the writing of a warrant for keeping an idiot 0 1 8 9 For the writing of a warrant for keeping of a ward 0 3 4 Thus much of the grand Person, to whom this privy Seal is delivered, his Associates, and his Attendants; I now proceed to rehearse the Law of England, that is found in our Books, touching the privy Seal itself: viz. what matters are available, and what not under it. 1. essoin or Protection. No essoin de servitio Regis, or Protection is available under the Kings privy Seal alone. Co. 2. Inst. f. 555. 2. Money. A warrant of the King Co. Lib. 11. Earl of Devonshires Case. under the privy Seal to Issue out Money out of his Coffers is sufficient, because Co Lib: Lanes Case. it concerneth but a Chattel in possession; but the privy Seal is not a sufficient warrant for inheritances, nor Chattels Reals, but only for Chattels Personals, as Money, &c. Moores Reports the Queen v. Dodington f. 476. 3. Matters of small Moment. In Matters of small Moment, and which can work no Delay to the Subject, the privy Seal is sufficient, as to grant a supersedeas of a process in the Kings own Case, or to grant a Nisi Prius, where the King is Party, or to allow a Plea against the King, to Cancel a recognisance made to the King, to discharge a Debt, or the like. Co. Lib. 2. Lanes Case. 4. An attorney. The King may grant one to make an attorney by his Letters Patents under the privy Seal. 37 H. 6. 27. b. 5. Peregrination. The King may grant licence to travail beyond the Seas under the privy Seal, and may command Persons that are beyond Seas, by his writ under the privy Seal, in Fide& Ligeantia &c. to return into the Kingdom, and if they return not, for their Contempt their Lands and Goods shall be seized, Quousque &c. Co. 3. Inst. f. 179,& 180. 6. Absence from Parliament. The Kings licence to a Lord of Parliament to be absent, and to make Proxies, may be under the privy Seal. 7. The process of the duchy. The Process in the Court of the duchy Chamber is by privy Seal, Attachment &c. Co. 4. Inst. f. 206. 8. Summons to the Great Council. The Summons to the Great Council( i.e. the Lords of Parliament) after King E. 3. have been under the privy Seal. Elsing. 9. Precedency. Amongst the Kings Learned Council at Law a privy Seal is sufficient to give Precedency. Cro. 3. part. f. 376. 10. duchy Land. It was said by the Court, that a grant of an Office▪ of keeping the Courts of the duchy Land by privy Seal, is not good; but it ought to be by the duchy Seal. Noys Reports, Lord Willoughby v. Kemp. 11. Sheriffs of London in Debt. 1 E. 4. 14. inter Brevia coram Baronibus, lou less viscounts Londres voylent aver eux excuse de 14. expose per Commandment le Roy south son signet,& non potuerunt, mes fuerunt chase al privy Seal. 12. The Kings Treasure. A privy Seal is not sufficient Authority to dispose of the Kings Treasure, unless where it be due, as appears by this following Case. An Information in the Exchequer, in the nature of an account, was brought against Dodington, as Executor of Sr. Walter Mildmay, supposing that Sr. Walter had received money of the Queen, amounting to 1500 l. upon special verdict the Case was, that Sr. Walter Mildmay had received annually out of the Exchequer 50 l. Cro. 1. part Dodingtons Case. as a Fee for his diet for 30 years together, which was paid him by the Command of the Lord Treasurer, who had Authority by privy Seal, to make Allowance, and payment of the Fees due; But in Truth these were not any Fees due: And whether his Executor shall be charged with these sums so received was the Question. And after Argument it was adjudged, that he should be charged, for it was held, that this payment of the money by the appointment of the Lord Treasurer, was not allowable: For the privy Seal is not sufficient authority to dispose of the Q. Treasure, unless where it is due, and he disposing it otherwise, it is out of his authority; And therefore the Executors ought to refund. Thus much of the privy Seal, as we find in our Books of Law; I come to mention some Statutes. It is said, that Desouth le petit Seal, ne issera desormes nul Brief queen touch le Common lay: But the Act saith not, that all Art. supper Chartas c. 6. writs, which concern the Common Law shall pass under the Great Seal, but no writ shall pass under the privy Seal, which touches the Common Law; For it is to be known, that the Courts of Kings Bench, and of the Common Pleas had at the making of the Statute several Seals, whereby they sealed Judicial writs. Wee find a Petition of the Commons in 2 H. 4. that no writs, or privy Seals be sued out of the Chancery, Exchequer, or Rot. ●ar. 2 ●. 4. nu. 69. other Place, to any man to appear upon a Pain &c. to answer &c. contrary to the Ordinary Course of the Common Law: whereunto the King answered, that such writs should not be granted without necessity. By an Act of Parliament Rot. Par. Anno 28 E. 3. nu. 34. not in Print, it is enacted that no Purveyor arrested for any misdemeanour shall have any privy Seal, to cause such as arrested him to come before the Council, to answer the King, but have his Remedy by the Common Law. By the Stat. of 11 R. 2. c. 10. it is provided, that Letters of the privy Seal shall not be from henceforth sent in Damage or prejudice of the realm, or in disturbance of the Law. By the Stat. of 25 E. 3. c. 2. it is declared, and enacted, Co. 3. Inst. f. 16. that the Counterfeiting the Kings privy Seal is High Treason: This Statute naming the Great and privy Seal, the Forging, and Counterfeiting the privy Signet, or of the Sign Manual, was not within this Statute: But by the Stat. of 1 Mar. it is made High Treason in both Cases. Thus much of the Kings privy Seal. III. Of the Exchequer Seal. THe Seal belonging to the Court of Exchequer is in the Custody of the Chancellor, of whom these following, Authors speak thus: sc. 1. Fleta: Officium Cancellarii est Sigillum Regis custodire simul cum Contrarotulis de proficuo Regni. Lib. 2. C. 29. 2. Ockam: Ad Cancellarium Scaccarii pertinet Custodia Sigilli Regis. 3. Plowden: L'eschequer ad Chancellor& Seal& less briefs usual en le come. f. 321. a Information pure Mines. Chancery en L'eschequer de seiser le Terre en tiel Case, lo●t pluis ancient, queen le Register, ou le Treatise Praerogativa Regis: The Exchequer hath a Chancellor, and Seal, and the writs usual in the Chancery of the Exchequer, are more ancient than Praerogativa Regis. 4. Minshaeus: The Office of the Chancellor of the Exchequer hath been thought by many, for the qualifying of the Extremities in the Exchequer: He sitteth in the Court, and in the Exchequer Chamber, and with the rest of the Court ordereth things to the Kings benefit: he is always in Commission with the Lord Treasurer, for the Letting of the Lands, that come to the Crown by the Dissolution of Abbeys; and hath by privy Seal from the King, power with others, to compound for Forfeiture of Bonds, and Forfeitures of penal Statutes. He hath also much to do in the Revenue come by the Dissolution, and First Fruits, as appeareth by the Acts and Statutes of uniting them to the Crown. Thus much of the Office, and Antiquity of the Chancellor: I proceed to show the Law of England, relating to the Exchequer Seal itself, that is in the Custody of the Chancellor. And we find, that this Seal is an Incident inseparable to the Court of Exchequer, for the Sealing of all Judicial Writs, &c. which for Administration of Justice Distributive to all men, are under the said Seal, and without which the Court cannot administer Justice: And therefore the profits, coming of this Seal, as of other Seals, belonging to other Courts, have been letten, and demised of ancient and latter times, but the Seals themselves were never demised, Co. 2. Inst. 555. or letten, nor could be, nor any other Keeper appoynted to be Keeper of them, than hath been time out of mind. Now what shall pass under the Exchequer Seal, or what shall be available under it, take these subsequent Cases and Authorities, found in our Books of Law. The Queen seized of a Mannor in the Right of her Crown, by her Steward granted Copyhold Lands parcel thereof to one by Copy, according to the custom in Fee: And after the Queen under the Exchequer Seal, made a Lease of the same Lands to another for 21 years &c. Resolved, that the Lease under the Exchequer Seal was good, by usage there, for the Course of every Court is Co. Lib. 2. Lanes Case. as a Law, of which the Common Law takes notice without alleging of it in pleading. And as the Court of Exchequer may demise the Kings Lands for years under its Seal, so it can also demise for Life, although by the Common Law, no grant of any Land is available, or pleadable, but under the Great Seal of England, as hath been said; And therefore in the Case betwixt Kemp& Barnard, upon a special verdict, the Question was, whether a Lease by the King under the Exchequer Seal of Lands usually demised to one for Life, Remainder for Life, Remainder Cro. 3. part. f. 513. in Banco Regis. to a third for Life, reserving the usual Rent, shall be good or not? Maynard for the Defendant very much urged, that it could not be, but under the Great Seal; For a Freehold cannot pass from the King, but by Patent under the Great Seal. But all the Justices held, that Leases for Life under the Exchequer Seal, being of Lands usually Leased, and reserving the ancient Rent, are allowable: It being good for the Kings Benefit, that his Land shall not lie unletten. And Jones affirmed, that all the Barons of the Exchequer said, that it was their Course to demise as well for Life as for years, and it hath always been so allowed, and of their Course there this Court shall take Conusance. Upon Demurrer Question was made, wether a Lease of a Mannor being forfeited to the Queen by attainder of Treason, may be granted under the Exchequer Seal. Popham: If any Mannor, or Land, of whatsoever value comes to the King by attainder, or otherwise, the Custody thereof may be granted over, under the Exchequer Seal, by the Authority of the Lord Treasurer, and Chancellor there, without special warrant: For it is but a disposing of the Profits, because the King himself cannot manure it; And it is always Revocable, Si quis plus dare volverit: So a Lease for years of anothers Land, which comes to the King by attainder, is but a chattel in him, and vendable for his best profit, and therefore it is grantable under the Exchequer Seal; For it is as a Sale wherefore the grant is good, and to that Opinion the other Justices agreed. An Office found by Inquisition, Co. Lib 5. Knights Case. by virtue of a Commission, under the Exchequer Seal, is sufficient to entitle the King to a chattel. Co. Lib. 5. Pages Case. Cro. 3. part gross v. Gayer. An Office of Instruction or Information may be under the Exchequer Seal. Seasonable Woods within the Kings Forests, or Co 4. Inst. f. 299. Timber for his Majesties use, may be sold or taken as well by force of the Exchequer Seal, as the Great Seal. Note: It was said by the whole Court for Law, 16 H. 7. 11. b Co. Litt. 260. a. that a man may well say against a Record, certified under the Seal of the Exchequer, or Common bank, Nul Tiel Record, because that is nothing but a Transcript of the Record: But to Letters Patents( as it hath been said before) under the Great Seal, a man cannot pled Nul Tiel Record. Know likewise Reader▪ that of small things, Leases are wont to be made under the Exchequer Seal, as appears by many ancient Precedents, before, and in the time of Ed. 3. and by Infinite Precedents since to this day; And such Leases made according to the said Precedents were allowed to be good: And there were 3. Causes of the Commencement of this usage: 1. For the multiplicity, that every poor man should be driven, for such infinite number of Leases, to sue to the King for Cottages, and other petty things, to pass by the Signature of the King, the Signet, the privy Seal, and the Great Seal. 2. For necessity; lest a poor and indigent subject should be driven to a tedious svit, and the Land will lie many times without a Tenant, to the Kings Damage. 3. For the impossibility, because many times the subject was not able, nor the thing demised was not of value to pass the Great Seal: but to them that are Rich, Cokes advice is, to pass their Leases under the Great Seal, for this, says he, is a sure way. IV. Of the Signet. THis Seal is in the Custody of the principal Secretary, as well for Sealing his Majesties private Letters, as also such grants as pass the Kings Hands by Bill assigned; And there are four Clerks of the Signet, called Clerici. Signeti, attending on this Secretary in their Course, and were used to have their diet at his Table. The Duty of these Clerks, is to writ out such grants, or Letters Patents, as pass by Bill signed( that is, a Bill superscribed with the Signature, or sign Manual, or Royal Hand of the King) to the privy Seal, which Bill being transcribed, and Sealed with the Signet is a warrant to the privy Seal, and the privy Seal is a warrant to the Great Seal, Such was the wisdom Co. 2. Inst. f. 556. ( says Sr. Ed. cook) that whatsoever should pass the Great Seal, should come through so many hands, to the end that nothing should pass that Great Seal, that is so highly esteemed, and accounted of in Law, that was against Law, or inconvenient, or that any thing should pass from the King any ways, which he intended not, by undue, and surreptitious means. But it is to be observed, that when any Act of Parliament doth authorize the Lord Chancellor, or Lord Keeper, Co. 4. Inst. f. 167. to make, or grant any Commission, under the Great Seal, that he may make or grant the same without any further warrant, because the King is Party to the Act of Parliament, and there cannot be a greater warrant to the Lord Chancellor, than an Act of Parliament. Now of the Signet the Co. Lib. 2. Lanes Case Co. 2 Inst. f. 556. Law in some Cases taketh Notice; And therefore a Ne exeat Regnum may be as well under the Signet, as under the Great Seal; or in this Case the Subject ought to take notice, as well of the Signet, as of the Great, or privy Seal; Because this is but a Signification of the Kings Commandment, and nothing passes from him. The King may grant licence to travel beyond the Seas under the Signet, Co. 3. Inst. f. 180. but he cannot recall one that is beyond Seas by the Signet, but it must be by the Great, or privy Seal: but note, that the Dyer. Hill. 2 Eliz. f. 176. 10. H. 4. 5. Letters under the Great Seal, or privy Seal to recall any from beyond Seas, ought to be served by some Messenger, who upon his Oath, is to make a Certificate thereof in the Chancery, and from thence a Mittimus to be sent into the Exchequer, and thereupon a Commission to be granted, to seize the Lands, and Goods of the Delinquent. A warrant under the Signet Co. 4. Inst. f. 116. Co. Lib. 2. Lanes Case. is not sufficient to issue any Treasure of the King out of the Receipt, but it must be under the Great, or privy Seal, as is said before. A Discharge under the Co. Lib. 2. Lanes Case. privy Signet of a Debt due by the Sheriff was held not sufficient, but he ought to have it under the privy Seal, and then it is a good discharge in Law. This may suffice touching the Kings 4 principal Seals, of which our Common Law doth take especial notice: I shall now put a period to this small Tract, with a Demonstration of the Manner( besides what has been mentioned already) how things pass the 3 Seals, viz. The Great Seal, the privy Seal, and the Signet. Concerning the Kings Letters Patents, this is the Course, saith an Author, in his discourse of the High Court of Chancery: viz. If the Letters Patents pass by the Bill signed without any privy Seal, the Patent is subscribed per ipsum Regem, and then the Bill signed remaineth with the Lord Chancellor for his warrant. And when it passeth by Bill signed, and privy Seal also, then the privy Seal remaineth with the Lord Chancellor, and the Bill signed with the Clerk of the Signet, and the Lord privy Seal hath an Extract of it, to make the privy Seal by, and then the Letters Patents are subscribed per Breve de privato sigillo. And if per Authoritatem Parliamenti be added, then it must pass according to the Statute of 27 H. 8. c. 11. And when the King signeth the Patents himself in the upper part, and the Signature, and the Great Seal do pass together at one and the same time, then it is subscribed per ipsum Regem manu suâ propriâ, And when it is made by Authority o● Parliament, then 'tis subscribed per ipsum Regem, et totum Concilium in Parliamento, or to the same Effect. Co. Lib. 8. The Princes Case. Every warrant sent by the King to the Lord Chancellor, the Day of the Delivery of the same to the Chancellor shall be entred of Record in the Chancery, and the Chancellor shall cause Letters Patents to be made upon the same warrant, bearing date the day of the Delivery in the Chancery, and not before in any wise: And if any Letter Patents be from thenceforth made to the Contrary, they shall be voided, and holden for none by the Stat. 18 H. 6 c. 1. And for the full exposition of this Statute, see Ludford and Grettons Case in Plowdens Commentaries, and Dyer, f. 133. From the Stat. of 18 H. 6. I proceed to recite the very words of the Stat. of 27 H. 8. c. 11. that does direct, how, and in what manner, the Kings Grants, Writings, and Leases shall at this day pass the 3 aforesaid Seals. It is enacted, that every Gift, Grant, or other writing which shall be made in writing by the Kings Highness or any of his most noble Posterity, to any person, signed with his Graces sign, or the sign, or signs Manual of any of them, to be passed under the Great Seal of England, shall be brought, and delivered to the Kings Principal Secretary, or to one of the Clerks of the signet for the time being, to be at the Office of the signet passed accordingly. Likewise that one of the Clerks of the Signet, to whom any of the said writings signed with the Kings Hand, fortune to be delivered, shall by warrant of the same Bills, within the space of 8 days, next after he shall have received the same, unless he have knowledge by the said Secretary, or otherwise of the Kings Pleasure to the Contrary, cause to be made in the Kings name, Letters of warrant, subscribed with the hand of the same Clerk, and sealed with the Kings Signet, to the Lord Keeper of the Kings privy Seal, for further Process to be had on that behalf. And that one of the Kings Clerks of the privy Seal, upon due examination had, by the said Lord Keeper, of the said warrant addressed to him from the Office of the Signet, shall within the space of 8 days, next after he shall receive the same, unless the Lord Keeper of the privy Seal do give them Commandment to the Contrary, make, or cause to be made by warrant of the aforesaid warrant to the Lord Keeper of the privy Seal, other Letters of like warrant, subscribed with the name of the clerk of the privy Seal, to the Lord Chancellor, or Lord Keeper of the Great Seal, for the ensealing with it the said Grants &c. of the King, according to the Tenor of the warrant to the Lord Chancellor, directed from the Officer of the privy Seal, as is aforesaid specified. Thus Reader, having presented to thy view what I have met withall in our Books of Law, touching these 4 Seals, viz The Great Seal, the privy Seal, the Exchequer Seal, and the Signet, I conclude my mean Collections with these words: sc. Ego seram Immortalitatem precor supremo sigillorum Domino, Regi nostro Augustissimo, Carolo à Carolo, ut vita diuturna sit,& aeterna majestas. FINIS. THE TABLE. I. OF the Great or Broad Seal of England Pag. 2 1 The etymology of the word Chancellor 7 2 The Antiquity of this Officer 10 3 His Creation 11 4 His Qualifications 12 5 His Duty 14 6 His Jurisdiction power and Authority 16 7 His honour and precedency 27 8 His privileges 28 9 His Assistants 29 10 His Attendants 31 1 What the Seal is 33 2 The Antiquity of Sealing 34 3 Sigillum Regis, what 35 4 The Pleading a thing under the Great Seal 37 5 What things ought to pass the Great Seal 43 1 Auditors ibid. 2 Summons in Parliament 44 3 Kings Treasure ibid. 4 An Office of Intitleing 45 5 Reteiner 47 6 Private Acts 48 7 essoin and Protection ibid. 8 traveling beyond Seas 49 9 Guardians of England ibid. 10 Steward of England 50 11 Person accused of Treason 51 12 A Ward ibid. 13 claims before a Coronation 52 14 President of the Council 53 15 Riots, Extortions &c. ibid. 16 Redress of delays 54 17 Judges discharged ibid. 18 Process in Star-Chamber 55 19 The Office of the Treasurer ibid. 20 Lands in the Kings hands 56 21 Untrue accounts in the Exchequer ibid. 22 arms, surname, and Barony 57 23 trial of Treasons &c. ibid. 24 Beacons, Light-houses, Sea-marks 58 25 Sewers ibid. 26 Bankrupts 59 27 The Isles of Jersey and Man &c. ibid. 28 Commissioners in Causes Ecclesiastical 60 29 delegates ibid. 30 Pardoning part of Judgement 61 31 Prorogation of Parliament ibid. 32 Royal Assent 62 33 Justice in Eyre ibid. 34 Forrests Woods 63 35 The proceedings of the Parliament in Ireland ibid. 36 The Isle of man 64 37 The Kings Grant of Lands 65 6 The Remedy to have things under the Great Seal ibid. 7 The difference betwixt a Constat, Inspeximus and Vidimus 70 8 Crimen falsi, or Counterfeiting the Great Seal 80 II. Of the privy Seal 86 1 essoing or Protection 94 2 Money ibid. 3 Matters of Small moment 95 4 An Attorney 96 5 Peregrination ibid. 6 Absence from Parliament 97 7 The process of the duchy ibid. 8 Summons to the Great Council 98 9 Precedency ibid. 10 duchy Lands ibid. 11 Sheriffs of London in Debt 99 12 The Kings Treasure ibid. III. Of the Exchequer Seal 105 IIII. Of the Signet 107 Books Printed for and sold by Tho. Dring at the White Lion, next Chancery Lane end, and John Leigh at the Bell in Fleet-street. COllection of Law-Entries, &c. By William Rastal, Printed 1670. All the Statutes at large to the year, 1670. By Ferdinando Pulton. Cokes Commentary on Littleton, Printed 1670. Folio. The whole Office of a Sheriff. By Mich. Dalton, with very large Additions, Printed 1670. Tables to most of the Printed Presidents of Pleadings, Writs, and Return of Writs at the Common Law; Collected by George Townsend. Folio, The Law of Common Assurances, touching Deeds in General, viz. Feoffments, Gifts, Grants, Leases, with two Alphabetical Tables. By William shepherd, Esq; in Folio, Printed 1669. Price 14 s. The Country Justice, containing the practise of the Justices of the Peace, as well in as out of Sessions, &c. By Michael Dalton, with Additions, Printed 1666. Collection of all the Acts and Statutes made in the Reigns of King Charles the First, and King Charles the Second, with the abridgement of such as stand repealed or Expired, continued after the Method of Mr. Pulton, with notes of Reference one to the other; to which also are added the Statutes and private Acts of Parliament, passed by their said Majesties until the year 1667. with a Table directing to the principal matters of the said Statutes. By Tho. Manby of Lincolns inn, Esquire. Modern Reports. By William style of the Inner-Temple, Esq; Folio. Actions for Slander. By William shepherd, Esquire, Folio. Brevia Judicialia, being a Collection of Presidents for Writs, in the Common-Pleas, Folio. Thesaurus Brevium, being a Collection of Presidents for Writs in the Kings Bench, Folio. Reports of that Learned and Judicious Clerk, J. Goldsborrough, Esq; sometimes one of the Prothonotaries of the Court of Common-Pleas. 4o. Felix Consortium, or a Conjuncture of Religion and Learning; being an exact Catalogue of all the Men Famous for Religion or Learning, since the time of our Saviour; the time in which they flourished, their several Opinions and Writings. By Edward Leigh, Master of Arts of Magdalen-Hall in Oxford. Folio. The Innocent Lord, being the incomparable History of Joseph, written originally in French, and Illustrated by the unparalleled pen of the Learned De Ceriziers, and rendered into English by Sir William lower, Knight, Octavo. An abridgement of all the Statutes in force and use, from Magna Charta till the year 1670. By edmond Wingate of Grays-Inne, in large Octavo. The Terms of the Law with Additions, Printed 1667. large Octavo. Fitzherberts N●tura Brevium, Corrected and Amended, Printed 1670. large Octavo. Littletons tenors in French and English, carefully Corrected and Amended, Printed 1670. in 24. The complete Justice, being an exact and compendious collection out of such as have treated of the Office of Justice of the Peace: but principally out of Mr. Lambert, Mr. Crompton, and Mr. Dalton, now amplified and purged from sundry Errors which were in former Impressions; together with the charge to be given at Quarter-Sessions, in Twelves. Doctor and Student in English, Printed 1668. The Lord Cokes complete Copy-holder, whereunto is added a large Treatise by way of Supplement, Printed 1668. A Philosophical Commentary, or an Illustration of the most obvious and useful Terms in the Law. By Edw. Leigh, Gent. sometimes of the Middle-Temple. Studii Legalis Ratio: Or, Directions for the study of the Law under these several heads, viz. The Qualifications for Study, the Nature, Means, Method, Time and Place of the Study. In Twelves. The young Clerks Companion, or a Manual for his daily practise, wherein are contained the most absolute Modern Presidents, fitted for all occasions of present use, in a more accurate and facile Method than ever yet was Published. In 24. The English Rogue described in the Life of Mereton Latroon, a Witty Extravagant; being a complete Discovery of the most Eminent Cheats of both Sexes. In Octavo. The Famous Chinois, or the Loves of several of the French Nobility under borrowed names, with a Key Annexed. In Octavo. sums Problems. In 12. Culpepers Essays. In 12. Bishop Andrews of the Ceremonies of the Church, in 16. Seldens Titles of Honour, Folio. Bishop Lawd against Fisher, Folio. Lord Cokes Reports in French, Folio. complete clerk, in 4o. Fortescue de laudibus legum Angliae, 8o. Glanvil de legibus, in 8o. Statuta vetera, in 8o. View of the Law, in 8o.