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
special
Officer
in
the
High
Co.
2.
Inst.
554.
Court
of
Chancery
,
called
Sigillator
,
who
hath
the
Sealing
of
writs
,
and
other
things
,
that
passe
the
Great
Seale
.
The
Chancellor
of
England
,
or
the
Keeper
of
the
Great
Seale
of
England
,
is
a
Lord
by
his
Office
,
and
is
of
the
most
honorable
Privie
Council
,
under
whose
hands
passe
all
Charters
,
Commissions
,
and
Grants
of
the
King
,
corroborated
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
5.
Eliz
.
c
.
18.
the
statute
of
5.
Eliz
.
is
declared
to
have
,
according
to
the
Common
Law
of
this
Realme
,
the
same
,
and
the
like
place
,
Authority
,
Preheminence
,
Jurisdiction
,
Execution
of
Laws
,
and
all
other
Customes
,
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
Seale
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
Priviledges
,
his
Assistants
,
and
lastly
the
Officers
that
are
attendant
on
his
Lordship
,
by
virtue
of
the
Great
Seale
of
England
.
1.
The
Etymology
of
the
word
Chancellor
.
THe
name
of
Chancellor
Cassiodorus
fetcheth
from
Crosse
Grates
or
Lattesses
,
because
Chancellors
examined
matters
within
places
severed
apart
,
enclosed
with
partitions
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
considering
,
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
prejudicial
to
the
Commonwealth
,
which
not
improperly
they
termed
to
Cancell
,
some
think
the
name
of
Chancellor
came
from
this
Cancelling
:
and
in
a
Glossary
of
latter
time
thus
we
read
,
A
Chancellor
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
Letters
patents
is
this
,
Qu●d
praedictae
Literae
patentes
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
Cancell
the
Kings
Letters
patents
under
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
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
Seale
in
his
own
hands
.
Thus
sayes
one
;
and
to
the
same
Effect
are
the
Co.
4.
Inst.
87.
words
of
Coke
:
He
is
made
Lord
Chancellor
of
England
,
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
Camden
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
void
,
because
an
antient
Office
must
be
Co.
4.
Inst.
87.
granted
,
as
it
hath
been
accustomed
.
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
publique
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
Affaires
of
the
Commonwealth
:
He
must
be
accomplished
,
and
absolute
in
all
points
of
Gravity
,
Constancy
,
Wisedome
,
Temperance
,
Justice
,
Piety
,
Integrity
,
and
all
other
vertues
,
fit
for
Magistracy
,
and
Government
;
yet
so
as
the
same
be
seasoned
,
and
tempered
with
Affability
,
Gentleness
,
Humanity
,
Courtesie
,
howbeit
without
descending
or
diminishing
himself
,
but
still
reteining
his
dignity
,
state
,
and
honor
.
Briefely
,
he
must
be
a
person
of
such
vertue
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
Honorable
Personage
,
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
Seale
,
and
this
same
Oath
consisteth
upon
six
parts
;
He
shall
Swear
:
1.
That
well
and
truly
Co.
4.
Inst.
88.
he
shall
serve
our
Soveraign
Lord
the
King
,
and
his
people
,
in
the
Office
of
Chancellor
.
2.
That
he
shall
doe
right
to
all
manner
of
people
,
poore
,
and
rich
,
after
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
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
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
therefore
he
is
sayd
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
forme
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
appeares
out
of
the
words
of
my
Lord
Coke
:
In
the
Chancery
,
sayes
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
Realme
,
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
.
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
particularly
,
as
followeth
:
1.
The
Lord
Chancellor
by
his
Ordinary
power
may
hold
plea
of
Scire
facias
,
to
repeale
the
Kings
Letters
Patents
,
under
the
Great
Seal
,
being
alwayes
inrolled
in
the
Court
of
Chancery
,
which
said
Writ
of
Scire
facias
,
to
repeale
,
or
cancell
Letters
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
facias
,
to
repeale
his
own
graunt
.
Thirdly
,
when
the
King
doth
graunt
any
thing
,
which
by
Law
he
cannot
graunt
,
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
Recognizances
in
this
Court
,
writs
of
A●dita
Co.
4.
Inst.
79
,
&
80.
Querela
,
and
Scire
facias
in
the
nature
of
an
Audita
Querela
,
to
avoyd
Executions
in
this
Court
;
Dowments
in
Chancery
,
the
writ
de
Dote
assignanda
upon
Offices
found
,
Execution
upon
the
Statute
staple
,
or
Recognizance
,
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
vertue
of
his
Extraordinary
power
,
that
is
absolute
,
and
unlimited
Hobarts
Reports
Martin
V.
Marshall
&
Key
.
(
though
out
of
Discretion
his
Lordship
doth
entertaine
some
formes
,
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
Realme
,
and
no
greater
exception
can
be
taken
hereunto
than
in
case
of
the
Lord
Steward
of
England
being
sole
Judge
in
tryal
of
the
Nobility
,
who
also
is
assisted
with
some
of
the
Judges
.
By
vertue
of
this
extraordinary
power
his
Lordship
judges
according
to
his
Conscience
of
all
Covins
,
Frauds
,
and
Deceipts
,
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
proced
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
antient
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
Hospitalls
,
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
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
England
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
elect
,
to
be
brought
in
,
to
whom
in
open
Court
he
notifieth
the
Kings
pleasure
,
touching
the
Office
of
the
Justice
,
then
voyd
,
and
causeth
the
aforesaid
Letters
patents
to
be
openly
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
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
Realme
,
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
Realme
.
8.
His
Priviledges
.
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
Benefices
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
priviledge
appertaining
to
his
Lordship
,
to
present
to
all
the
Kings
Plowd
.
Com
.
Hare
v.
Bickley
528.
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
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
,
antiently
called
Garden
des
Rolls
,
Clericus
Rotulorus
,
Custos
Rotulorum
:
His
Office
is
a
very
antient
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
Jewes
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
Soveraign
Lord
the
King
,
it
followeth
in
order
to
shew
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
Authentique
in
our
Law
.
6.
The
remedy
,
or
way
to
have
things
under
the
Great
Seal
,
as
the
Case
shall
require
.
7.
The
Diversitie
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
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
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
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
Armes
,
before
King
R.
1.
but
the
Seal
was
the
King
,
sitting
in
a
Chayr
on
the
one
side
of
the
Seal
,
and
on
horsback
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
inde
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
shewn
was
,
because
a
Proclamation
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
,
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
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
Whitlocke
seemed
to
doubt
thereof
,
because
when
it
is
pleaded
,
that
such
a
Proclamation
was
made
,
it
shall
be
intended
duely
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
Stone
and
Newman
,
it
was
moved
upon
Exceptions
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
Cro
.
3.
part
Stone
v.
Newman
f
.
461.
sigillo
Angliae
,
And
that
the
Attaynder
was
upon
the
Tryl
baefore
the
Comissioners
,
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
remembred
,
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
Coke
Lib
.
5.
f
.
51.
Letters
Patents
were
pleaded
sub
magno
sigillo
.
And
although
it
be
true
,
that
in
Plowd
.
Com
.
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
Coke
Lib
.
Entr.
f
.
174.
the
Commission
is
pleaded
by
Letters
Patents
,
sub
magno
sigillo
,
and
an
Attaynder
by
vertue
thereof
,
&
ibid
.
194.
in
the
Care
of
Sr.
Moyle
Finch
it
was
so
likewise
pleaded
:
so
generally
the
pleading
is
sub
magno
sigillo
:
otherwise
it
is
ill
,
as
no
Attaynder
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
shewn
,
Quod
per
Literas
Patentes
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
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
entered
for
the
Playntiff
.
Note
;
Letters
Patents
being
matter
of
Record
,
and
shewn
to
the
Court
,
Co.
Litt
.
260.
a.
Lib
.
6.
Edens
Case
.
under
the
Great
Seal
,
cannot
be
denyed
,
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
.
Coke
Lib
.
11.
Auditor
Curles
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
Privie
Seal
.
Co.
Lib
.
11.
Earle
of
Devons
Case
.
4.
An
Office
of
Intitling
.
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
attaynted
by
Verdict
,
and
had
Judgement
for
the
said
Offence
;
And
it
was
afterwards
Cro
.
3.
part
.
Grosse
v.
Gager
.
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
,
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
,
untill
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
Attaynder
,
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
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
Felonie
,
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
Reteyner
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.
Essoyne
and
Protection
.
No
Essoyne
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
duely
obteined
,
and
therefore
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
,
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
Infirmitie
.
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
Tryal
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
,
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
practice
,
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
Claymes
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
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
another
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-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
Judgment
)
be
pardoned
,
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
Forest
,
hath
Authority
,
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
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
it self
hath
been
graunted
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
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
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
Cancelled
.
3.
The
Party
may
have
an
Exemplification
upon
the
Inrollment
.
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
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
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
Deed
inrolled
could
not
be
pleaded
,
though
it
were
exemplified
under
the
Great
Seal
,
without
shewing
forth
the
Deed
it self
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
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
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
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
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
favorably
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
shew
the
diversity
betwixt
an
Exemplification
,
&
a
Constat
,
and
the
signification
of
other
words
,
by
which
Letters
Patents
are
commonly
named
,
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
praedict
.
&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
Stile
of
the
King
with
Inspeximus
.
And
't
is
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
Stile
of
the
King
:
viz.
Constat
nobis
per
Inspectionem
Rotulorum
Cancellariae
nostrae
,
quod
Dominus
Jacobus
nuper
Rex
Angliae
Avus
noster
praecharissimus
Literas
suas
fieri
fecit
Patentes
in
haec
verba
&c.
Jacobus
Dei
gratia
.
&c.
and
reciteth
all
the
Letters
Patents
word
by
word
.
Nos
autem
pro
eo
quod
Literae
Patentes
praedict
.
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
alwayes
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
interesse
poterit
in
praemissis
innotescimus
;
by
reason
of
the
word
Innotescimus
in
the
end
,
it
is
so
stiled
:
and
sometimes
it
doth
commence
,
Vidimus
quoddam
scriptum
&c.
and
them
't
is
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
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
lyes
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
Deed
,
Charter
,
or
other
writeing
,
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
publique
,
whereunto
every
Subject
may
have
Recourse
,
to
confer
the
Exemplification
with
the
Record
it Self
;
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
Deed
,
Charter
,
and
Co.
3.
Inst.
17●
.
other
writings
are
private
,
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
Corruption
shall
not
appear
therein
.
Also
the
Deed
,
Charter
,
or
other
writeing
may
be
forged
,
and
if
they
should
be
exemplified
,
then
the
exemplification
might
ever
be
shewed
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
exemplified
under
the
Great
Seal
of
England
?
Res
.
No
Record
,
or
Inrolment
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
duely
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
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
nothing
,
that
makes
against
him
,
or
that
manifesteth
the
Truth
.
Qu
.
4.
How
an
Exemplification
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
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
antient
Lawyers
,
viz.
Bracton
,
Fleta
,
Britton
,
and
Horne
,
in
his
Mirror
of
Justices
.
A
Compassing
,
Intent
,
Co.
3
Inst.
15.
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
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
Britton
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
writeing
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.
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
Labell
,
and
the
Seal
were
annexed
to
both
the
Parchments
,
the
one
written
,
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
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
Privie
Seal
.
PArvum
Sigillum
,
the
Little
,
or
Petit
Seal
,
after
called
Privatum
Sigillum
,
the
Privie
Seal
,
is
a
Seal
,
that
his
most
Sacred
,
and
excellent
Majesty
useth
sometime
for
a
warrant
,
whereby
things
passed
the
Privie
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
Coke
Ibid
.
Privie
Seal
,
called
Keeper
of
the
Privie
Seal
,
after
Lib
.
2.
c
.
13.
called
Lord
Privie
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
super
qualitatibus
Injuriarum
ostensarum
,
debitum
Remedium
exhibere
per
Brevia
Regis
:
By
this
antient
writer
(
says
Sr.
Ed.
Coke
)
three
things
are
worthy
of
Observation
:
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
Requests
to
be
?
They
must
have
3
Qualities
:
1.
They
must
be
honest
,
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
(
being
skilfull
,
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
Privie
Counsellor
,
take
a
Particular
Oath
of
the
Privie
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
Privie
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
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
knowledg
,
shall
move
Seal
,
or
imprint
any
thing
with
the
same
.
4.
Generally
,
he
shall
observe
,
fulfil
,
and
doe
all
,
and
every
thing
,
which
to
the
Office
of
the
Keeper
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
warrant
,
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
)
Co.
2.
Inst.
555.
Co.
4.
Inst.
f
.
55.
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
27
H.
8.
c
.
11.
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
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
Conge
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
,
License
,
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
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
delivered
,
his
Associates
,
and
his
Attendants
;
I
now
proceed
to
rehearse
the
Law
of
England
,
that
is
found
in
our
Books
,
touching
the
Privie
Seal
it self
:
viz.
what
matters
are
avayleable
,
and
what
not
under
it
.
1.
Essoyn
or
Protection
.
No
Essoyn
de
servitio
Regis
,
or
Protection
is
avayleable
under
the
Kings
Privie
Seal
alone
.
Co.
2.
Inst.
f
.
555.
2.
Money
.
A
warrant
of
the
King
Co.
Lib
.
11.
Earl
of
Devonshires
Case
.
under
the
Privie
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
Privie
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
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
Recognizance
made
to
the
King
,
to
discharge
a
Debt
,
or
the
like
.
Co.
Lib
.
2.
Lanes
Case
.
4.
An
Atturney
.
The
King
may
grant
one
to
make
an
Atturney
by
his
Letters
Patents
under
the
Privie
Seal
.
37
H.
6.
27.
b
.
5.
Peregrination
.
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.
6.
Absence
from
Parliament
.
The
Kings
License
to
a
Lord
of
Parliament
to
be
absent
,
and
to
make
Proxies
,
may
be
under
the
privie
Seal
.
7.
The
process
of
the
Dutchey
.
The
Process
in
the
Court
of
the
Dutchey
Chamber
is
by
Privie
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
Privie
Seal
.
Elsing
.
9.
Precedency
.
Amongst
the
Kings
Learned
Council
at
Law
a
Privie
Seal
is
sufficient
to
give
Precedency
.
Cro
.
3.
part
.
f
.
376.
10.
Dutchey
Land
.
It
was
said
by
the
Court
,
that
a
grant
of
an
Office
▪
of
keeping
the
Courts
of
the
Dutchey
Land
by
Privie
Seal
,
is
not
good
;
but
it
ought
to
be
by
the
Dutchey
Seal
.
Noys
Reports
,
Lord
Willoughby
v.
Kemp
.
11.
Sheriffs
of
London
in
Debt
.
1
E.
4.
14.
inter
Brevia
coram
Baronibus
,
lou
les
viscounts
Londres
voylent
aver
eux
excuse
de
14.
expose
per
Commandment
le
Roy
south
son
signet
,
&
non
potuerunt
,
mes
fuerunt
chase
al
Privie
Seal
.
12.
The
Kings
Treasure
.
A
Privie
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
Accompt
,
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
speciall
verdict
the
Case
was
,
that
Sr.
Walter
Mildmay
had
recived
annually
out
of
the
Exchequer
50
l.
Cro
.
1.
part
Dodingtons
Case
.
as
a
Fee
for
his
Dyet
for
30
years
together
,
which
was
payd
him
by
the
Command
of
the
Lord
Treasurer
,
who
had
Authority
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
adjudged
,
that
he
should
be
charged
,
for
it
was
held
,
that
this
payment
of
the
money
by
the
appoyntment
of
the
Lord
Treasurer
,
was
not
allowable
:
For
the
Privie
Seal
is
not
sufficient
Authoritie
to
dispose
of
the
Q.
Treasure
,
unless
where
it
is
due
,
and
he
disposing
it
otherwise
,
it
is
out
of
his
Authoritie
;
And
therefore
the
Executors
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
desormes
nul
Brief
que
touche
le
Common
Ley
:
But
the
Act
saith
not
,
that
all
Art.
super
Chartas
c
.
6.
writs
,
which
concern
the
Common
Law
shall
pass
under
the
Great
Seal
,
but
no
writ
shall
pass
under
the
Privie
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
Privie
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
necessitie
.
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
misdemeanor
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
Common
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
Damage
or
prejudice
of
the
Realme
,
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
Privie
Seal
is
High
Treason
:
This
Statute
naming
the
Great
and
Privie
Seal
,
the
Forging
,
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
.
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
&
les
Briefes
usuall
en
le
Com
.
f
.
321.
a
Information
pur
Mines
.
Chancery
en
L'eschequer
de
seiser
le
Terre
en
tiel
Case
,
lo●t
pluis
an●ient
,
que
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
antient
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
Privie
Seal
from
the
King
,
power
with
others
,
to
compound
for
Forfeiture
of
Bonds
,
and
Forfeitures
of
Penall
Statutes
.
He
hath
also
much
to
doe
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
shew
the
Law
of
England
,
relating
to
the
Exchequer
Seal
it Self
,
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
antient
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
avayleable
under
it
,
take
these
subsequent
Cases
and
Authorities
,
found
in
our
Books
of
Law
.
The
Queen
seised
of
a
Mannor
in
the
Right
of
her
Crown
,
by
her
Steward
granted
Copyhold
Lands
parcell
thereof
to
one
by
Copy
,
according
to
the
Custome
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
alledging
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
avayleable
,
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
usuall
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
antient
Rent
,
are
allowable
:
It
being
good
for
the
Kings
Benefit
,
that
his
Land
shall
not
lye
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
Attaynder
of
Treason
,
may
be
granted
under
the
Exchequer
Seal
.
Popham
:
If
any
Mannor
,
or
Land
,
of
whatsoever
value
comes
to
the
King
by
Attaynder
,
or
otherwise
,
the
Custody
thereof
may
be
granted
over
,
under
the
Exchequer
Seal
,
by
the
Authority
of
the
Lord
Treasurer
,
and
Chancellor
there
,
without
speciall
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
voluerit
:
So
a
Lease
for
years
of
anothers
Land
,
which
comes
to
the
King
by
Attaynder
,
is
but
a
Chattell
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
vertue
of
a
Commission
,
under
the
Exchequer
Seal
,
is
sufficient
to
intitle
the
King
to
a
Chattell
.
Co.
Lib
.
5.
Pages
Case
.
Cro
.
3.
part
Grosse
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
Banke
,
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
plead
Nul
Tiel
Record
.
Know
likewise
Reader
▪
that
of
small
things
,
Leases
are
wont
to
be
made
under
the
Exchequer
Seal
,
as
appears
by
many
antient
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
Privie
Seal
,
and
the
Great
Seal
.
2.
For
necessity
;
lest
a
poor
and
indigent
subject
should
be
driven
to
a
tedious
Suit
,
and
the
Land
will
lye
many
times
without
a
Tenant
,
to
the
Kings
Damage
.
3.
For
the
Impossibilitie
,
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
Principall
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
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
superscribed
with
the
Signature
,
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
Co.
2.
Inst.
f
.
556.
(
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
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
Authorise
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
Privie
Seal
;
Because
this
is
but
a
Signification
of
the
Kings
Commandment
,
and
nothing
passes
from
him
.
The
King
may
grant
License
to
travell
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
Privie
Seal
:
but
note
,
that
the
Dyer
.
Hill
.
2
Eliz
.
f
.
176.
10.
H.
4.
5.
Letters
under
the
Great
Seal
,
or
Privie
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
seise
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
Privie
Seal
,
as
is
said
before
.
A
Discharge
under
the
Co.
Lib
.
2.
Lanes
Case
.
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
touching
the
Kings
4
principall
Seals
,
of
which
our
Common
Law
doth
take
especiall
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
Privie
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
Privie
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
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
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
't
is
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
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
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
signe
,
or
the
signe
,
or
signes
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
Privie
Seal
,
for
further
Process
to
be
had
on
that
behalf
.
And
that
one
of
the
Kings
Clerks
of
the
Privie
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
Privie
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
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
warrant
to
the
Lord
Chancellor
,
directed
from
the
Officer
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
Immortalitatem
precor
supremo
sigillorum
Domino
,
Regi
nostro
Augustissimo
,
Carolo
à
Carolo
,
ut
vita
diuturna
sit
,
&
aeterna
majestas
.