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.

IV. Of the Signet.

THis Seal is in the Custody of the Prin∣cipall Secretary, as well for Sealing his Majesties private Letters, as also such grants as pass the Kings Hands by Bill as∣signed; And there are four Clerks of the Signet, cal∣led Clerici. Signeti, at∣tending on this Secretary in their Course, and were used to have their Dyet at his Table.

The Duty of these Clerks, is to write out such grants, or Letters Patents, as pass by Bill signed (that is, a Bill su∣perscribed with the Signa∣ture,

or signe Manual, or Royal Hand of the King) to the Privie Seal, which Bill being transcribed, and Sealed with the Signet is a warrant to the Privie Seal, and the Privie Seal is a warrant to the Great Seal, Such was the wisdome * 1.1 (says Sr. Ed. Coke) 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 e∣steemed, and accounted of in Law, that was a∣gainst Law, or inconveni∣ent, or that any thing should pass from the King any ways, which he inten∣ded not, by undue, and surreptitious means. But

it is to be observed, that when any Act of Parliament doth Authorise the Lord Chancellor, or Lord Keep∣er, * 1.2 to make, or grant a∣ny Commission, under the Great Seal, that he may make or grant the same without any further war∣rant, because the King is Party to the Act of Parliament, and there can∣not be a greater warrant to the Lord Chancellor, than an Act of Parlia∣ment.

Now of the Signet the * 1.3 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 Sub∣ject ought to take notice,

as well of the Signet, as of the Great, or Privie Seal; Because this is but a Signification of the Kings Commandment, and no∣thing passes from him.

The King may grant License to travell beyond the Seas under the Sig∣net, * 1.4 but he cannot recall one that is beyond Seas by the Signet, but it must be by the Great, or Privie Seal: but note, that the * 1.5 Letters under the Great Seal, or Privie Seal to re∣call any from beyond Seas, ought to be served by some Messenger, who up∣on his Oath, is to make a Certificate thereof in the Chancery, and from thence a Mittimus to be sent in∣to the Exchequer, and

thereupon a Commission to be granted, to seise the Lands, and Goods of the Delinquent.

A warrant under the Sig∣net * 1.6 is not sufficient to issue any Treasure of the King out of the Receipt, but it must be under the Great, or Privie Seal, as is said before.

A Discharge under the * 1.7 Privie Signet of a Debt due by the Sheriff was held not sufficient, but he ought to have it under the Privie Seal, and then it is a good discharge in Law.

This may suffice touch∣ing the Kings 4 principall Seals, of which our Com∣mon Law doth take espe∣ciall notice: I shall now

put a period to this small Tract, with a Demonstra∣tion of the Manner (be∣sides what has been men∣tioned already) how things pass the 3 Seals, viz. The Great Seal, the Privie Seal, and the Sig∣net.

Concerning the Kings Letters Patents, this is the Course, saith an Au∣thor, in his discourse of the High Court of Chan∣cery: viz. If the Letters Patents pass by the Bill signed without any Privie Seal, the Patent is sub∣scribed per ipsum Regem, and then the Bill signed remaineth with the Lord Chancellor for his warrant. And when it passeth by Bill signed, and Privie

Seal also, then the Privie Seal remaineth with the Lord Chancellor, and the Bill signed with the Clerk of the Signet, and the Lord Privie Seal hath an Extract of it, to make the Privie Seal by, and then the Letters Patents are sub∣scribed per Breve de priva∣to sigillo. And if per Au∣thoritatem 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 up∣per part, and the Signa∣ture, 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 ip∣sum Regem, et totum Con∣cilium 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 Chan∣cellor shall cause Letters Patents to be made upon the same warrant, bear∣ing date the day of the Delivery in the Chance∣ry, and not before in any wise: And if any Letter Patents be from thence∣forth made to the Contra∣ry, they shall be void, 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 re∣cite 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 Lea∣ses shall at this day pass the 3 aforesaid Seals.

It is enacted, that e∣very Gift, Grant, or o∣ther 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 signe, or the signe, or signes Ma∣nual of any of them, to be

passed under the Great Seal of England, shall be brought, and delivered to the Kings Principal Secre∣tary, or to one of the Clerks of the signet for the time being, to be at the Office of the sig∣net 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 war∣rant 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 o∣therwise 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 Privie Seal, for further Process to be had on that behalf. And that one of the Kings Clerks of the Privie Seal, upon due ex∣amination 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 af∣ter he shall receive the same, unless the Lord Keeper of the Privie Seal do give them Command∣ment to the Contrary, make, or cause to be made by warrant of the afore∣said

warrant to the Lord Keeper of the Privie Seal, other Letters of like warrant, subscribed with the name of the Clerke of the Privie 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 war∣rant to the Lord Chancel∣lor, directed from the Of∣ficer of the Privie 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 Privie Seal, the Exchequer Seal, and the Signet, I conclude

my mean Collections with these words: sc.

Ego seram Immortalita∣tem precor supremo sigillo∣rum Domino, Regi nostro Augustissimo, Carolo à Ca∣rolo, ut vita diuturna sit, & aeterna majestas.

Notes

• * 1.1

  Co. 2. Inst. f. 556.
• * 1.2

  Co. 4. Inst. f. 167.
• * 1.3

  Co. Lib. 2. Lanes Case Co. 2 Inst. f. 556.
• * 1.4

  Co. 3. Inst. f. 180.
• * 1.5

  Dyer. Hill. 2 Eliz. f. 176. 10. H. 4. 5.
• * 1.6

  Co. 4. Inst. f. 116. Co. Lib. 2. Lanes Case.
• * 1.7

  Co. Lib. 2. Lanes Case.