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.

I. Of the Great or Broad Seal of England.

THis Great Seale is in the custody of the Lord Chancellor, or Lord Keeper, and there is a spe∣cial Officer in the High Court of Chancery, called Sigillator, who hath the Sealing of writs, and o∣ther

things, that passe the Great Seale.

The Chancellor of Eng∣land, or the Keeper of the Great Seale of England, is a Lord by his Office, and is of the most honora∣ble Privie Council, under whose hands passe all Char∣ters, Commissions, and Grants of the King, cor∣roborated or strengthned with the Broad Seale: without which Seale 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 firmely, but under the said Seale.

The Lord Keeper, by the statute of 5. Eliz. is

declared to have, according to the Common Law of this Realme, the same, and the like place, Authority, Pre∣heminence, Jurisdiction, Execution of Laws, and all other Customes, Com∣modities, and advantages, as hath the Lord Chancel∣lor 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, for the Chancellor can∣not make a Deputy; but Locum teneas is to be taken for one that hold∣eth the place, or hath

Equal Authority of the Chancellor, & that is Custos magni Sigilli: and this is a∣greeable with the Judge∣ment of the said Parliament in 5 Eliz. But all Questi∣ons, 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 can∣not be both a Lord Chan∣cellor, 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 do extend to the Lord Keeper also, as the sta∣tutes of 33 H. 6. c. 1.

And 28 H. 8. cap. 15.

Having shewed you, in whose Custody the Great Seale is, and that the Lord Keeper hath the same Authority, that the Lord Chancellor hath, it will not be much imperti∣nent to present to the Candid Reader, the Ety∣mology of the word Chan∣cellor, his Antiquity, the manner how he is Crea∣ted, his Qualifications, his Oath, and Duty, his Jurisdiction and Authori∣ty, his Honor and Pre∣cedency, his Priviledges, his Assistants, and lastly the Officers that are at∣tendant on his Lordship, by virtue of the Great Seale of England.

1. The Etymology of the word Chancellor.

THe name of Chancel∣lor Cassiodorus fetch∣eth from Crosse Grates or Lattesses, because Chan∣cellors examined matters within places severed a∣part, enclosed with partiti∣ons of such crosse Barres, which the Latines call Cancelli: Regard, saith he, to the Chancellor, what name you bear; it cannot be hidden, which you doe within Lattesses. For you keep your Grates lightsome, your Barres open, and your Doores transparent as Windows. Whereby it is evident, that he sate within Grates, where he was to be seen

on every side, and there••f it may be though•• he took that name. But consider∣ing, it was his part (••ai••h our Camden) to strike, and dash out with crosse Lines Lattess-like, those Letters, Commissions, Warrants, and Decrees passed against Law, and Right, or pre∣judicial to the Common∣wealth, which not impro∣perly they termed to Can∣cell, some think the name of Chancellor came from this Cancelling: and in a Glossary of latter time thus we read, A Chancel∣lor is he, whose Office is to look into, and peruse the Writings, and Answers of the Emperor; to Cancell what is written amisse, and to signe that which is well.

Agreeable to th••s are the words of Sr. Edward Cook: The Judgement, saith he, in a scire facias to repeale the Kings Let∣ters patents is this, Qu••d praedictae Literae patentes dicti Domini Regis revo∣centur, Cancellentur, ••v••∣cuentur, adnullentur, et va∣cuae, & invalidae pro null penitus habeantur, & tene∣antur; ac etiam quod Ir∣rotulamentum eorundem can∣celletur, cassetur, & anni∣hiletur &c. Hereof our Chancellor of England (for foreign Chancellors, it may be, have not like Authority) is called Can∣cellarius, à Cancellando, i. e. à digniori parte, being the highest point of his Juris∣diction, to Cancell the

Kings Letters patents un∣der the Great Seale, and damning the Inrolment 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 Seale of England; and other Grant, or Pa∣tent for this great Office, there needs not be, for that the person, to whom this Office is committed, hath the keeping of the Great Seale in his own hands. Thus sayes one; and to the same Effect are the words of Coke: He is made Lord Chancellor of Eng∣land, per traditionem magni sigilli sibi per Dominum Regem, and by taking his

Oath. But the forme and manner of ordaining a Chancellor was in the time of King H. 2. by hanging the Great Seal of England about the neck of the Chancellor Elect.

Note, some have got∣ten it by Letters patents at will, and one for Term of his Life; but it was holden void, because an antient Office must be granted, as it hath been accustomed.

4. His Qualifications.

BEsides the natural Fa∣culties (says Sr. Jo. Davys) and powers of his mind, which he ought to have in great perfecti∣on, he must be furnished with all Learning, that

hath any Relation to the publique good; Divinity, Law, Policy, Morality and especial Elequence, to im∣part and communicate all the rest. He must with∣all have a long, and uni∣versal Experience in all the Affaires of the Com∣monwealth: He must be accomplished, and abso∣lute in all points of Gra∣vity, Constancy, Wise∣dome, Temperance, Ju∣stice, Piety, Integrity, and all other vertues, fit for Magistracy, and Govern∣ment; yet so as the same be seasoned, and tempered with Affability, Gentle∣ness, Humanity, Courtesie, howbeit without descend∣ing or diminishing him∣self, but still reteining

his dignity, state, and ho∣nor. Briefely, he must be a person of such vertue and worthiness, as his Life may be a Censure, and his Ex∣ample a Mirror for all o∣ther Magistrates. These are the Excellencies, and per∣fections, wherewith the Chancellor must be quali∣fied, and adorned. And thus qualified indeed is the Right Honorable Perso∣nage, 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, up∣on the delivery of the Great Seale, and this same Oath consisteth upon

six parts; He shall Swear:

1. That well and truly he shall serve our Soveraign Lord the King, and his people, in the Office of Chan∣cellor.

2. That he shall doe right to all manner of peo∣ple, poore, and rich, af∣ter the Laws, and usages of the Realme.

3. That he shall truly counsel the King, and his Counsel he shall layn, and keep.

4. That he shall not know, nor suffer the hurt, and disheriting of the King, or that the Rights of the Crowne be decreased by any means, as far as he may lett it.

5. And if he may not lett it, he shall make it

clearly, and expressely, to be known to the King, with his true advice, and counsel.

6. And that he shall doe, and purchase the Kings profit in all that he reasona∣bly may.

6. His Jurisdiction, Pow∣er and Authority.

THe Lord Chancellor is the chief person for matter of Justice (in Civil Causes especially) next unto our Gracious Soveraigne Lord, the Grand dispencer of the Kings B••u••ty, and Mercy: For whereas all other Judges in this Kingdome 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 there∣fore he is sayd in our Books, to have two Pow∣ers, one Extraordinary, the other Ordinary; intimat∣ing, that though by his Ordinary power in some Cases, he must observe the forme of proceeding as other ordinary Judges, yet that in his Extraordi∣nary power, he is not li∣mited by the Law but by Conscience, according to the Circumstances of the matter in Question. And this appeares out of the words of my Lord Coke: In the Chancery, sayes he, are two Courts, one Or∣dinary,

Coram Domino Re∣ge in Cancellariâ, wherein the Lord Chancellor pro∣ceeds according to the right line of the Laws, and Statutes of the Realme, secundum Legem, et Consu∣etudinem Angliae. Another Extraordinary according to the Rule of Equity, se∣cundum aequum, & bonum. vide 8 E. 4. 5. 9 E. 4. 15. 14 E. 4. 7. Stamf. praer. 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 particu∣larly, as followeth:

1. The Lord Chancel∣lor by his Ordinary power may hold plea of Scire facias, to repeale the Kings Letters Patents,

under the Great Seal, be∣ing alwayes inrolled in the Court of Chancery, which said Writ of Scire facias, to repeale, or cancell Let∣ters Patents, doth lye 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 repeale 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 fa∣cias, to repeale his own graunt.

Thirdly, when the King doth graunt any thing, which by Law he can∣not graunt, he Jure Regio (for advance∣ment of Justice, and Right) may have a Scire facias, to repeal his own Letters Pa∣tents.

The Lord Chancellor hath likewise power to hold plea of Petitions, Monstrans de Dr••its, Tra∣verses of Offices, partiti∣ons in Chancery, of Scire facias upon Recognizances in this Court, writs of A••∣dita Querela, and Scire facias in the nature of an Audita Querela, to avoyd

Executions in this Court; Dowments in Chancery, the writ de Dote assignan∣da upon Offices found, Ex∣ecution upon the Statute staple, or Recognizance, in nature of a Statute sta∣ple upon the Act of 23 H. 8. but the Execution upon a Statute merchant is retur∣nable either into the Kings Bench or into the Com∣mon Pleas, and all perso∣nal 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 Chancel∣lors Ordinary power, pro∣ceeding secundum Legem, & consuetudinem Angliae.

2. The Lord Chancel∣lor by vertue of his Ex∣traordinary

power, that is absolute, and unlimited (though out of Discre∣tion his Lordship doth en∣tertaine some formes, which he may justly leave in special Cases) bindeth and looseth the proceed∣ings of Law, and decideth Causes, by the Rules of his own Conscience; He be∣ing sole Judge both in the Court of Equity, and in the Court concerning the Common Law, but in Ca∣ses of weight or difficulty he doth assist himself with some of the Judges of the Realme, and no greater exception can be taken hereunto than in case of the Lord Steward of Eng∣land being sole Judge in tryal of the Nobility, who

also is assisted with some of the Judges.

By vertue of this extra∣ordinary power his Lord∣ship judges according to his Conscience of all Co∣vins, Frauds, and De∣ceipts, of Accidents, Brea∣ches of Trust and Confi∣dence, of Defects of Re∣medy at Law, of Incertain∣ties, and the like▪ Thus much of the Lord Chancel∣lors Jurisdiction ordinary, and extraordinary in the high Court of Chancery. I now proced to other Inci∣dents of his Authority, and power, which he enjoy∣eth by the Delivery of the Broad Seal of England.

To his Lordship be∣longeth 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 antient Authority, in naming the Custos Rotu∣lorum.

It appertaineth to the Chancellor of England to visit all Hospitalls, which be of the Kings Foundation, or of any of his Progenitors. And so likewise the Free-Chap∣pels 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 o∣therwise is void, the King useth to choose one of the Serjeants at Law, and him by his Letters patents to ordeine a Justice, in the place of the Judge so ceasing, And then the Lord Chancellor of Eng∣land shall enter into the Court, where the Justice is so lacking, bringing with him those Letters patents, and sitting in the middest of the Justices, causeth the Serjeant so e∣lect, to be brought in, to whom in open Court he

notifieth the Kings plea∣sure, touching the Office of the Justice, then voyd, and causeth the aforesaid Letters patents to be o∣penly read: which done, the Master of the Rolls shall read 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 Let∣ters aforesaid.

Note: Divers Acts of Parliament give Authori∣ty to the Lord Chancellor, to hear and determine di∣vers offences and Causes in the Court of Chancery, which is ever intended in the Court proceeding, secundum Legem et consu∣etudinem

Angliae.

7. His Honour and prece∣dency.

CAncellarii Angliae, says Fitz Stephen, dignitas est, ut secundus à Rege in Regno habeatur: The dignity of the Chan∣cellor of England is this, He is reputed the Second person in the Realme, and next unto the King.

By the Statute of 31 H. 8. c. 10. the Lord Chancellor hath the pre∣cedency of all other Great Officers of the Realme.

8. His Priviledges.

THe Lord Chancellor by the Statute of 21 H. 8. c. 13. may have three Chaplains, where∣of every one may pur∣chase a Licence, or dis∣pensation, and receive and have two Benefices with Cure of Souls.

By the Stat. of 27 H. 8. c. 11. The Lord Chan∣cellor may pass things through the Seals, without paying any Fees.

It is a priviledge apper∣taining to his Lordship, to present to all the Kings Churches or Benefices, which are under value, that is under 20 markes, and be in the Kings Gift,

and in jure Coronae, and whereof his Majesty is Patron. But if the King have them by any collate∣ral Title, the Lord Chan∣cellor shall not have these presentments, but the King.

9. His Assistants.

IN the High Court of Chancery sit as As∣sistants to the Lord Chan∣cellor in matters of Judgement, twelve Ma∣sters of Chancery, where∣of the Chief and Principal is the Master of the Rolls, antiently called Garden des Rolls, Clericus Rotulo∣rus, Custos Rotulorum: His Office is a very antient Office, and grantable ei∣ther

for Life, or at Will, at the pleasure of the King. The house annexed to his Office, is called Domus Conversorum, so called be∣cause King H. 3. founded this house of Jewes as should be converted to the true Religion of Je∣sus 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 ro∣tulorum, and this Office is grantable by Letters Patents.

10. His Attendants.

THe Officers and Mi∣nisters that do prin∣pally attend on his Lord∣ship, 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 the Chancery, twenty four Coursitors, the Clerk of the presentations, the Clerk of the faculties, the Clerk examiner of Letters Pa∣tents, the Clerks of the petty bag, the six Clerks, the two Examiners, and the Registers.

Having thus far spo∣ken concerning the Anti∣quity, Creation, Qualifi∣cations,

Jurisdiction, Dig∣nity, Privileges &c. of that person, to whom the care and Custody of the Great Seal of England is committed by our most Gracious Soveraign Lord the King, it followeth in order to shew you the Law of England immedi∣ately touching, and apper∣taining to this Great Seal, as 1. What a Seal is. 2. The Antiquity of Sealing. 3. What sigillus Regis ge∣nerally 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 Authentique in our Law. 6. The remedy, or way to have things under the

Great Seal, as the Case shall require. 7. The Di∣versitie 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 Coke, Cera impressa, quia sine impressione non est Sigil∣lum; And therefore it is required that Deeds, Charters, or other writ∣ings must be Sealed; that is, have some Impression upon the wax, otherwise they have not the validity, and force of Deeds with∣out a Seal.

2. The Antiquity of Seal∣ing.

THe Sealing of Char∣ters, and Deeds is much more antient than some, out of Error, have immagined, 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 Sea∣led with his own Seal (which appeareth by these words, Ego Edwinus gra∣tia Dei totius Britannnicae telluris Rex meum donum proprio sigillo meo confirma∣vi) but also the Bishop 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 Con∣quest, Sealed with any Seal of Armes, before King R. 1. but the Seal was the King, sitting in a Chayr on the one side of the Seal, and on hors∣back on the other side in divers Forms.

3. Sigillum Regis what.

SIgillum Regis generally spoken is always in∣tended the Great Seal propter Excellentiam, ac∣cording to the Rules of

the Common, and Civil Law.

Verbum aequivocum su∣mitur in partem digniorem, & potentiorem.

Verba aequivoca, & in dubio posita intelliguntur in digniori, et potentiori sensu.

Verba sunt semper intel∣ligenda in potentiori signi∣ficatu: 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 fal∣saverit, consignando inde Chartas, vel Brevia &c. pro voluntate Regis Judici∣um sustinebit.

4. The pleading a thing under the Great Seal.

THe pleading of a Commissiom, or Pro∣clamation, and doth not say, Sub magno sigillo, whe∣ther it be good or no take these two following Ca∣ses. sc.

1. There was Cove∣nant brought for not Building of an House, where the Defendant co∣venanted, That he would erect three Houses upon such Land demised unto him, unless he were re∣strained by the Kings pro∣clamation &c. The De∣fendant pleaded, That such a day and year the King made a Proclamation, to

restrain building; and thereupon the Plaintiff demurred; and the Cause shewn was, because a Pro∣clamation was pleaded, and no place expressed where the Proclamation was made, and so no visne, if Issue should have been joyned thereupon; Also because it is not pleaded, to have been made sub magno Sigillo Angliae, o∣therwise 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 denyed, there can be no Issue thereupon (but only Nul tiel Record) which cannot be, unless he plead

it sub magno sigillo. But afterwards being again moved, Jones, and Whit∣locke seemed to doubt thereof, because when it is pleaded, that such a Pro∣clamation was made, it shall be intended duely made: as in Rescous, it is returned, Quod fecit war∣rantum, 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 adjour∣ned.

2. In the Case, be∣twixt Stone and Newman, it was moved upon Ex∣ceptions to the Pleading:

One of them was, That the Indictment was by vertue of a Commission granted to divers persons, and he doth not say, sub magno sigillo Angliae, And that the Attaynder was upon the Tryl baefore the Comis∣sioners, and he doth not say, sub magno sigillo, so as, if it were not sub mag∣no sigillo, it is not good. And in proof thereof, the pleading in the Common Bench, in Moultons Case was remembred, That the Commission was sub mag∣no sigillo; And in Hunt∣leys Case, in the Court of Kings Bench, because the Deprivation was found before the Commissioners Ecclesiastical virtute Com∣missionis, to them direct∣ed,

and doth not say, sub magno Sigillo, it was held to be ill, and Coke Lib. 5. f. 51. Letters Patents were pleaded sub magno sigillo. And although it be true, that in Plowd. Com. in Wal∣singhams Case, it is plead∣ed 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 Coke Lib. Entr. f. 174. the Commissi∣on is pleaded by Letters Patents, sub magno sigillo, and an Attaynder by ver∣tue thereof, & ibid. 194. in the Care of Sr. Moyle Finch it was so likewise pleaded: so generally the pleading is sub magno si∣gillo: otherwise it is ill,

as no Attaynder pleaded. And of that Opinion was Jones at the first; but af∣terward upon search of Presidents, whereby it appeared, that sometimes Sub magno sigillo was o∣mitted, and when it is shewn, Quod per Literas Patentes Commissionis (o∣mitting sub magno sigillo) It is to be intended un∣der the Great Seal and not otherwise. All the Court agreed, that al∣though it were the bet∣ter Course to shew, that it was sub magno sigillo, yet being ommitted, 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 en∣tered for the Playntiff.

Note; Letters Patents being matter of Record, and shewn to the Court, under the Great Seal, cannot be denyed, nei∣ther 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 un∣der the Great Seal. Coke Lib. 11. Auditor Curles Case.

2. Summons in Parli∣ament.

He that declares the Cause of Summons in Par∣liament, not being Chan∣cellor, 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 Mo∣dus 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 war∣rant under the Great or Privie Seal. Co. Lib. 11.

Earle of Devons Case.

4. An Office of Intitling.

One Tregose was indi∣cted of a Praemunire upon the Statute of 13 Eliz. and afterward made a gift in Tail of that Land, and was after attaynted by Verdict, and had Judge∣ment for the said Offence; And it was afterwards found by Inquisition, upon a Commission out of the Exchequer, that Tregose was seised in Fee of those Lands at the time of the Offence committed; And that the Queen by Patent granted those Lands to Sr. Geo. Cary &c. One of the Questions was, whe∣ther 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 up∣on valuable Considerati∣on good, notwithstanding there be not any Inquisiti∣on under the Great Seal? It was resolved, that in this Case nothing vested in the King, untill Office found; and it ought to be an Office by Commission under the Great Seal; For the Frank-tenement, being in the party offend∣ing at the time of the At∣taynder, 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 intitle the King, and not by Inquisition, by vertue of a Commission under the Exchequer Seal, which is but for Instructi∣on, 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 Felonie, and found guilty, and being in Pri∣son, the King may retain him to serve in his Wars, on this side, or beyond the Seas, but this Retey∣ner must be under the

Great Seal. Co. 3. Inst. f. 239.

6. Private Acts not Prin∣ted.

All such private Acts as are not imprinted, if a man will have the same Exemplified, he must trans∣mit the same to the Lord Chancellor, to be ingros∣ses, and sealed under the Great Seal.

7. Essoyne and Protection.

No Essoyne de servitio Regis, or writ of Prote∣ction can be warranted, or allowed, unless it be un∣der the Great Seal, and the Reason is, because they tend to the delay of Ju∣stice,

if they be not due∣ly obteined, and there∣fore the Law requireth the Great Seal. Co. Litt. 131. a. Co. 2. Inst. f. 555.

1. Travelling beyond Seas.

The King may graunt Licence to travel 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 Royall Presence of the King, ei∣ther in Person or by Re∣presentation:

By Repre∣sentation two ways, ei∣ther by Guardian of Eng∣land by Letters Patents, when the King is in Re∣motis out of the Realm, or by Commission to cer∣tain Lords of Parliament representing the Person of the King, he being within the Realm, in re∣spect of some Infirmitie. Either of these ways, viz. by Letters Patents, or Commission it must be un∣der the Great Seal. Co. 4. Inst. f. 6.

10. Steward of England.

The Steward of Eng∣land for the Tryal of a Nobleman must be con∣stituted 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 proceed∣ing against a Person ac∣cused of Treason, or Fe∣lony, must be under the Great Seal of England. Co. 3. Inst. f. 239.

12. A Ward.

A Question was, whe∣ther a Lease for years, durante 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 pra∣ctice, since the Creation of the Court of Wards: And they likewise held, That a Lease of the Land might be well before Of∣fice: 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 Coro∣nation.

At every Coronation the Lord Steward of Eng∣land hath a Commission hac vice, to hear, and de∣termine the Claymes for grand Serjeanties, and o∣ther honourable Services to be done at the Corona∣tion

for the solemnization thereof, and this Com∣mission is under the Great Seal of England. Co. 4. Inst. f. 59.

14. President of the Council.

The Office of the Pre∣sident of the Council was never granted but by Let∣ters Patents under the Great Seal. Co. 4. Inst. f. 55.

15. Riotts, Extortions &c.

For Riotts, Extortions, Oppressions, &c. by per∣sons done against the Kings Peace, and Laws, to di∣vers of his Liege people, Commandment hath been

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

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 Judge∣ment 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 un∣der the Great Seal. Co. 4. Inst. f. 75.

18. Process in Star-cham∣ber.

All the writs, and pro∣cess of the Court of Star-chamber are under the Great Seal. Co. 4. Inst. f. 63, & 66.

19. The Office of the Trea∣surer.

The Lord Treasurer of England hath granted to him by Letters Patents under the Great Seal, Thesaurariam Scaccarii Re∣gis Angliae, which of antient time was a distinct Office by it self. 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 Accompts in the Exchequer.

The Court to Enquire of, and Certifie unlawful, and untrue Accompts in the Exchequer sitteth by

Commission under the Great Seal. Co. 4. Inst. f. 117.

22. Armes, Sirname, and Barony.

An Assignement to a∣nother of a mans Armes and Barony must be by Letters Patents under the Great Seal. Co. 4. Inst. f. 126.

23. Tryal of Treasons &c. committed upon the Sea.

The Court for the Tryal 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-Hou∣ses, 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 Com∣mission 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 Commissi∣oners, to execute the Ecclesiastical Jurisdiction, which was restored to Q. Elizabeth, ought to be un∣der the Great Seal. Co. 4. Inst. f. 326, & 327.

29. Delegates.

The Commissioners, called Delegates, do sit by force of the Kings Com∣mission 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 Judgment) be pardoned, this ought to be under the Great Seal of England. Co. 3. Inst. f. 31.

31. Prorogation of a Par∣liament.

When the Parliament shall not begin at the day of the return, but for cer∣tain urgent Causes then to be prorogued until ano∣ther day, then to be hold∣en

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 Forest, hath Au∣thority, and Jurisdiction, to hear, and determin, 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 Tim∣ber for his Majesties use, the same must be sold or taken by force of the Great Seal, or Exche∣quer 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 alte∣red here in England, ought to be returned un∣der the Great Seal of Eng∣land.

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 it self hath been graun∣ted 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 Com∣mon Law, for whatsoever Estate of Inheritance pass under the Great Seal of England, it shall be des∣cendible, 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 avayleable 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 re∣quire.

6. The Remedy to have things under the Great Seal.

1. A Man may have a Duplicat at the Sealing of the Letters Pa∣tents.

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 in∣to the Chancery, to be Cancelled.

3. The Party may have an Exemplification upon the Inrollment.

Now an Exemplificati∣on is when a man will have any original Record writ∣ten 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 plead a Record in another Court than where it remaineth, it behooveth 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 Certi∣orare, 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 Deed inrolled could not be pleaded, though it were exemplified under the Great Seal, without shew∣ing forth the Deed it self under Seal: vide 32 H. 8. in Patents Br. 12 H. 7. 12. b. and not the exem∣plification: And so no Constat, or Inspeximus of

the Kings Letters Patents were avayleable to be shewed forth in Court, but the Letters Patents under Seal. For both the Constat and Inspeximus are but Exemplifications of the Inrollment of the Charters, or Letters Pa∣tents, 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 Ex∣emplification, or Constat under the Great Seal of England of the Inrollment 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 per∣son, by the Patentees them∣selves, and by all and eve∣ry other person or per∣sons, 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 e∣very other thing whatso∣ever, and ought to be fa∣vorably Construed for ad∣vancement 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 shew the diversity betwixt an Exemplification, & a Con∣stat, and the signification of other words, by which Letters Patents are com∣monly named, viz. In∣speximus, 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 be∣gins in this manner: Ca∣rolus Secundus Dei gratia &c. Omnibus &c. Inspex∣imus

Irrotulamentum qua∣rundam Literarum Paten∣tium &c. and it doth recite the Record word by word, and doth conclude in this Form: Nos autem tenorem Literarum Patentium prae∣dict. &c. ad Requisitionem A. B. duximus ad Exempli∣ficandum per Praesentes. In cujus rei Testimonium &c. And it is called an Inspex∣imus, because it beginneth after the Stile of the King with Inspeximus. And 'tis called an Exemplification a Reipsa, because the Re∣cord by it is Exemplified, as it doth appear by the end of it. viz. Duximus ad Exemplificandum per Praesentes; And the Con∣stat doth begin after the Stile of the King: viz.

Constat nobis per Inspecti∣onem Rotulorum Cancella∣riae nostrae, quod Domi∣nus Jacobus nuper Rex Angliae Avus noster prae∣charissimus Literas suas fieri fecit Patentes in haec verba &c. Jacobus Dei gra∣tia. &c. and reciteth all the Letters Patents word by word. Nos autem pro eo quod Literae Patentes prae∣dict. sunt casualiter amissae, sicut A. B. nobis in Can∣cellariâ nostrâ personali∣ter sacramentum praestite∣rit Corporale, & quod ip∣se Literas praedictas, si eas in posterum reperire conti∣gerit nobis in Cancellariam nostram restituerit Cancel∣landas, Tenorem Irrotula∣menti praedicti ad Requisiti∣onem A. B. duximus ad

exemplificandum per praesen∣tes. In Cujus Rei Te∣stimonium &c. And it is called a Constat, for that after the style of the King it beginneth with this word Constat, but nothing is ex∣emplified in the Tenor of the Record.

Also by what has been said, it is apparent that a man cannot have a Con∣stat without an Affidavit (as it is seen by the form of the Constat) but an Inspeximus may be obtain∣ed without an Affidavit.

An Innotescimus, and a Vidimus be all one, They are alwayes of a Charter of Feoffment, or some other Instrument, which is not of Record; And the Innotescimus doth be∣gin

in this Form: Rex &c. Omnibus &c. Inspeximus queddam scrip∣tum ten. per A. B. R. G. Sigillo ipsius A. B. Si∣gillat. ut dicitur in haec verba: Sciant praesentes &c. and reciteth the In∣strument de verbo in ver∣bum, & hoc omnibus quo∣rum interest, aut interesse poterit in praemissis inno∣tescimus; by reason of the word Innotescimus in the end, it is so stiled: and sometimes it doth commence, Vidimus quod∣dam 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 Ratts, or stayned by any means, the Patentee (as it is a received Opinion) cannot have a Constat, but he may have an Exempli∣fication upon the Record, for that the Constat is ne∣ver had, but upon the Losing of the Patent.

Again: Strangers as well as Privies may have an Exemplification, but a Constat only lyes for those that are Privies.

I shall now conclude the Learning, touching Ex∣emplifications with these following Quaeres, with their Resolutions:

Qu. 1. Whether that, which is to be Exempli∣fied under the Great Seal, ought to be of Record?

Res. Neither Deed, Charter, or other write∣ing, 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 Re∣cord ought not to exem∣plify any thing, but that which is of Record, be∣cause Records be pub∣lique, whereunto every Subject may have Re∣course, to confer the Exemplification with the Record it Self; And Re∣cords be in the Custody of sworn Officers, and therefore no Inconveni∣ence can follow upon the Exemplification of them. But a Deed, Charter, and other writings are pri∣vate,

and remain in the Custody of the Party, and may be rased, interlined, or corrupted in points material, and if they should be exemplified, the Rasure, interlineation, and Cor∣ruption shall not appear therein. Also the Deed, Charter, or other write∣ing may be forged, and if they should be exempli∣fied, then the exemplifica∣tion might ever be shew∣ed in evidence, and not the Deed &c. it self, and so the Forgery, and Falsity should never upon the view of the Deed, or of the Seal, or other things Rising upon the view, be discovered.

Qu. 2. Whether all Records may be exempli∣fied

under the Great Seal of England?

Res. No Record, or Inrolment of any Record, may be Exemplified under the Great Seal, but of a Record of the Court of Chancery, or other Record duely removed thither by Certiorari &c.

Qu. 3. Whether part of a Record can be Ex∣emplified?

Res. No Exemplifica∣tion ought to be of any part of a Letters Patents, or of any other Record, or of the Inrollment thereof, but the whole Record of the Inrollment thereof ought to be Exemplified, so that the whole Truth may appear, and not of such part, as makes for

the one Party, and no∣thing, that makes against him, or that manifesteth the Truth.

Qu. 4. How an Exem∣plification of any Grant, Inrolled at the Rolls, is to be sued forth?

Res. If any Grant which hath passed the Great Seal, be inrolled in the Roles, and you would have it Exemplified, you must first search in the Chappel of the Rolls for the Inrollment thereof, which being found, any Clerk of that Office may engross the same: then must you get it examined with the Inrollment, by two Masters of Chance∣ry, 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 ex∣amine, and peruse the same, which being by his Lordship allowed, it may pass the Great Seal, and be exemplified. Thus much of the Diversity be∣twixt a Constat, Inspexi∣mus, Vidimus &c. with other matters appertain∣ing to Exemplifications. I go on now to mention the Eighth, and last thing proposed, viz. The Coun∣terfeiting the Great Seal.

8. Crimen Falsi or Coun∣terfeiting the Great Seal.

BY the Stat. of 25 E. 3. c. 2. de pr••ditioni∣bus,

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 antient Lawyers, viz. Bracton, Fleta, Britton, and Horne, in his Mirror of Justices.

A Compassing, Intent, or going about, says Coke, 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 Counter∣feiting this Broad Seal take these few Examples.

If the Lord Chancellor, or Lord Keeper put the Great Seal to a Charter &c. without warrant, this is no Treason, because the Seal is not counterfeited. But it seemeth by Britton fol. 10. b. that it was Trea∣son at the Common Law, and of that Opinion is Fle∣ta f. 29. a. but it is no Treason now (without Question) by the negative Clause of the Act afore∣said.

If a man take wax Law∣fully imprinted with the Great Seal from one Pa∣tent, and fix it to a write∣ing purporting a grant from the King, there have

been divers Opinions in this Case what the Of∣fence is, which I shall re∣hearse.

In 40. Ass. which was 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 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 Counterfeit∣ing of it.

G. Leake, a Clerk of Chancery joyned two

clean Parchments fit for Letters Patents so close together with mouth glew, as they were taken for one, the uppermost being very thin, and did put one Labell through them both, then upon the uttermost he writ a true Patent, and got the Great Seal put to the Labell, and so the La∣bell, and the Seal were annexed to both the Parchments, the one writ∣ten, and the other Blank: He cut off the glewed Skirts round about, and took off the uppermost thin Parchment (which was written, and was a true, and perfect Patent) from the Labell, which with the Great Seal did still hang to the Parch∣ment,

then he wrote a∣nother Patent on the Blank Parchment, and did pub∣lish it as a good Patent. Hereupon one of the Questions was, whether this Offence be High Treason, or no? And up∣on Conference had be∣tween the Judges, it was resolved by them, that this Offence was neither High Treason, nor Petit Trea∣son, because it is not with∣in 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.

Notes

• Co. 2. Inst. 554.
• 5. Eliz. c. 18.
• Co. 4. Instit. 88.
• Co. 3. Inst. f. 104, & 113.
• Co. 4 Inst. 88.
• Co. 4. Inst. 87.
• Camden f. 131.
• Co. 4. Inst. 87.
• Co. 4. Inst. 88.
• Co. 4. Inst. f 79. 3. Inst. f. 71.
• Co. 4. Inst. 79, & 80.
• Hobarts Reports Martin V. Marshall & Key.
• Co. 4. Inst. f. 84.
• Lamberts Justice of peace Lib. 1. c. 5.
• Co. Litt. 96. a. 344. a. Davys Reports De capitu∣lariter congrega∣tis 46. b.
• Fortescue C. 51.
• Co. 4. Inst. 81, & 82.
• Plowd. Com. Hare v. Bickley 528.
• Co. 4. Inst. 95.
• Co. 4. Inst. 82.
• Co 3. Inst. f. 169.
• Co. Litt. f. 7. a.
• Cro. 3. part Keyley v. Manning f. 180, 181.
• Cro. 3. part Stone v. Newman f. 461.
• Co. Litt. 260. a. Lib. 6. Edens Case.
• Cro. 3. part. Grosse v. Gager.
• 3 & 4 E. 6. c. 4. & 13 Eliz. c. 6.
• 20 H. 7. 7. b.
• Co. Lit. f. 225. b.
• Co. 3. Inst. 17••.
• Co. 3 Inst. 173.
• Co. 3. Inst. 173, & 174.
• Co. 3 Inst. 15.
• Co. 3. Inst. 15.
• 40. Ass. pl. 33.
• 37 H. 8. Br. Trea∣son.