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PArvum Sigillum, the Little, or Petit Seal, after called Privatum Si∣gillum, the Privie Seal, is a Seal, that his most Sa∣cred, and excellent Ma∣jesty useth sometime for a warrant, whereby things passed the Privie Signet, and brought to it, are sent further to be confirmed by the Great Seal of Eng∣land: Sometime for the strength or Credit of o∣ther things, written upon Occasions more Transi∣tory, and of less conti∣nuance, than those be that pass the Great Seal.
Privie Seal, called Keeper of the Privie Seal, after called Lord Privie Seal, of which great Officer Fleta saith thus: Custodi Sigilli privati associentur Clerici honesti, & circum∣specti, Domino Regi jurati, qui in Legibus & Consue∣tudinibus Anglicanis noti∣tiam habent pleniorem, quo∣rum Officium sit, supplicati∣ones & Querelas Conque∣rentium andire, & exami∣nare, & eis super qualita∣tibus Injuriarum ostensa∣rum, debitum Remedium exhibere per Brevia Regis: By this antient writer (says Sr. Ed. Coke) three things are worthy of Ob∣servation: sc.
1. That the Clerks Associates to the Keeper
of the Privie Seal, are those we now call, Masters of Requests, Magistri à Libellis supplicum.
2. Of what Quality ought these Masters of Re∣quests to be? They must have 3 Qualities:
1. They must be ho∣nest, and Circumspect.
2. They must be sworn to the Lord our King.
3. They must have a compleat, and full knowledge, or skill in the Laws, and Customs of this Realm.
3. To what end did they hear, and examine the matters, conteined in these Petitions? That they (be∣ing skilfull, and expert in the Laws) should direct
such as petitioned the King, to take their Re∣medy, according to their Case, either at the Com∣mon 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, be∣fore they come to the Broad, or Great Seal of England, and he does be∣sides his Oath of a Privie Counsellor, take a Parti∣cular Oath of the Privie Seal, which doth consist of 4. parts, viz.
1. That he, as far forth as his cunning and di∣scretion suffereth, justly, and evenly Execute and Exercise the Office of the
Keeper of the Kings Pri∣vie Seal, to him by his Highness committed.
2. Not leaving, or eschewing so to doe for Affection, Love, Meed, doubt, or Dread of any Person, or Persons.
3. That he shall take special Regard, that the said Privie Seal in all Pla∣ces, where he shall divert unto, may be in such sub∣stantial wise used, and safe kept, that no Person without the Kings speci∣al Commandment, or his Assent, or knowledg, shall move Seal, or imprint a∣ny thing with the same.
4. Generally, he shall observe, fulfil, and doe all, and every thing, which to the Office of the Keep∣er
of the Kings Privie Seal duely belongeth, and appertaineth.
This is an Office, says Coke, of Great Trust, and Skill, that he put this Seal to no grant without good warrant, nor with war∣rant, if it be against Law, undue or inconvenient, but that first he acquaint the King therewith.
Upon the Lord Privie Seal are Attendant four Clerks of the Privie Seal: They write, and make out all things, that be sent by warrant, from the Signet to the Privie Seal, and are to be passed to the Great Seal; as also to make out (as they term it) Privie Seals, upon any speciall Occasion of his
Majesties Affayrs, for Loan, or Lending of Money, or such Like.
What Fees these Clerks of the Privie Seal, and likewise of the Signet shall have, for their writing, and payns, appears by the Stat of 27 H. 8. whereby it is enacted, that every Clerk, and Clerks of the Signet, and Privie Seal shall have and take for the writing of a War∣rant: 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, An∣nuity, or wages | 0 | 1 | 8 |
| 5. For a Special Livery or other Perpetuity | 0 | 6 | 8 |
| 5. Upon every Bill for Conge D'eslyer, Royal As∣sent, Restitution of Tem∣poralties, Donatives, Ad∣vocations, Presentations, or other Ecclesiastical matter | 0 | 3 | 8 |
| 6. For the writing of every warrant upon a Placard, License, Pardon, or Sheriffs Reward | 0 | 2 | 0 |
| 7. For the writing of every warrant on a Deni∣zen | 0 | 3 | 4 |
| 8. For the writing of a warrant for keeping an Ideot | 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 Privie Seal is delive∣red, his Associates, and his Attendants; I now proceed to rehearse the Law of England, that is found in our Books, touch∣ing the Privie Seal it self: viz. what matters are a∣vayleable, and what not under it.
No Essoyn de servitio Regis, or Protection is avayleable under the Kings Privie Seal alone. Co. 2. Inst. f. 555.
his Coffers is sufficient, be∣cause it concerneth but a Chattel in possession; but the Privie Seal is not a sufficient warrant for in∣heritances, nor Chattels Reals, but only for Chat∣tels Personals, as Money, &c. Moores Reports the Queen v. Dodington f. 476.
In Matters of small Moment, and which can work no Delay to the Subject, the Privie 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 Re∣cognizance made to the King, to discharge a Debt, or the like. Co. Lib. 2. Lanes Case.
The King may grant one to make an Atturney by his Letters Patents un∣der the Privie Seal. 37 H. 6. 27. b.
The King may grant License to Travel beyond the Seas under the Privie Seal, and may command Persons that are beyond Seas, by his writ under the Privie Seal, in Fide & Ligeantia &c. to return
into the Kingdom, and if they return not, for their Contempt their Lands and Goods shall be seised, Quousque &c. Co. 3. Inst. f. 179, & 180.
The Kings License to a Lord of Parliament to be absent, and to make Pro∣xies, may be under the privie Seal.
The Process in the Court of the Dutchey Chamber is by Privie Seal, Attachment &c. Co. 4. Inst. f. 206.
The Summons to the Great Council (i. e. the Lords of Parliament) after King E. 3. have been under the Privie Seal. Elsing.
Amongst the Kings Lear∣ned Council at Law a Privie Seal is sufficient to give Precedency. Cro. 3. part. f. 376.
It was said by the Court, that a grant of an Office▪ of keeping the Courts of the Dutchey Land by Pri∣vie
Seal, is not good; but it ought to be by the Dutchey Seal. Noys Reports, Lord Willoughby v. Kemp.
1 E. 4. 14. inter Bre∣via coram Baronibus, lou les viscounts Londres voy∣lent aver eux excuse de 14. expose per Commandment le Roy south son signet, & non potuerunt, mes fuerunt chase al Privie Seal.
A Privie Seal is not suf∣ficient Authority to dis∣pose of the Kings Trea∣sure, unless where it be due, as appears by this
following Case.
An Information in the Exchequer, in the nature of an Accompt, was brought against Dodington, as Ex∣ecutor of Sr. Walter Mild∣may, supposing that Sr. Walter had received money of the Queen, amounting to 1500 l. upon speciall verdict the Case was, that Sr. Walter Mild∣may had recived annually out of the Exchequer 50 l. as a Fee for his Dyet for 30 years together, which was payd him by the Command of the Lord Treasurer, who had Au∣thority by Privie 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 summs so received was the Question. And after Argument it was ad∣judged, that he should be charged, for it was held, that this payment of the money by the appoynt∣ment of the Lord Treasu∣rer, was not allowable: For the Privie Seal is not sufficient Authoritie to dis∣pose of the Q. Treasure, unless where it is due, and he disposing it otherwise, it is out of his Authoritie; And therefore the Exe∣cutors ought to refund. Thus much of the Privie 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 de∣sormes nul Brief que touche le Common Ley: But the Act saith not, that all writs, which concern the Common Law shall pass under the Great Seal, but no writ shall pass un∣der the Privie Seal, which touches the Common Law; For it is to be known, that the Courts of Kings Bench, and of the Com∣mon Pleas had at the making of the Statute se∣veral Seals, whereby they sealed Judicial writs.
Wee find a Petition of the Commons in 2 H. 4. that no writs, or Privie Seals be sued out of the Chancery, Exchequer, or other Place, to any man
to appear upon a Pain &c. to answer &c. contrary to the Ordinary Course of the Common Law: where∣unto the King answered, that such writs should not be granted without necessitie.
By an Act of Parlia∣ment not in Print, it is enacted that no Purvey∣or arrested for any misde∣meanor shall have any Privie Seal, to cause such as arrested him to come before the Council, to answer the King, but have his Remedy by the Com∣mon Law.
By the Stat. of 11 R. 2. c. 10. it is provided, that Letters of the Privie Seal shall not be from henceforth sent in Da∣mage
or prejudice of the Realme, or in disturbance of the Law.
By the Stat. of 25 E. 3. c. 2. it is declared, and enact∣ed, that the Counterfeit∣ing the Kings Privie Seal is High Treason: This Statute naming the Great and Privie Seal, the Forg∣ing, and Counterfeiting the Privie 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 Privie Seal.
Co. 2. Inst. 554.
Coke Ibid.
Lib. 2. c. 13.
Co. 2. Inst. 555. Co. 4. Inst. f. 55.
27 H. 8. c. 11.
Co. Lib. 11. Earl of Devon∣shires Case.
Co Lib: Lanes Case.
Cro. 1. part Doding∣tons Case.
Art. super Chartas c. 6.
Rot. ••ar. 2 ••. 4. nu. 69.
Rot. Par. Anno 28 E. 3. nu. 34.
Co. 3. Inst. f. 16.