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1 - WRITS AND LETTERS MISSIVE

Published online by Cambridge University Press:  05 October 2010

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Summary

The evolution of these instruments is sufficiently indicated by the following specimens. A full account of their character and use is furnished by a recent work.

(a) Occasional Forms

94. The Privy Seal substituted for the Great Seal.—From the very beginning of the 13th century we find that a lesser seal in the shape of the King's ‘Private’ or ‘Secret’ Seal, or any form of Signet, might be substituted for the Great Seal. In such cases the reason of the substitution is explained in the sealing clause, and by some such phrase as ‘because we have not our Great Seal with us.’ In other cases, however, the King makes use of the seal of the Queen, the Justiciar or another of the principal ‘curiales.’ This casual use of the Lesser Seal may be contrasted with the systematic usurpation of the Edwardian period and the recognized practice in respect of Gascon instruments (No. 44).

95. Letters Patent under the Privy Seal.—The issue of a writ under the Privy Seal in the nature of an appointment to an Office would seem to be an extreme assertion of the sufficiency of instruments under the Smaller Seal which were extensively employed during the reign of Edward II for political and especially for fiscal business (Nos. 96 to 98). In the present case, however, it will be noticed that the Address is not general but to particular persons, whilst the Injunctive Clause contains specific directions. This points to a writ ‘de intendendo’ following the issue of formal Letters Patent of appointment and the latter will in fact be found on the Patent Roll dated the 3rd of May.

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Publisher: Cambridge University Press
Print publication year: 2010
First published in: 1908

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  • WRITS AND LETTERS MISSIVE
  • Edited by Hubert Hall
  • Book: A Formula Book of English Official Historical Documents
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511696916.005
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  • WRITS AND LETTERS MISSIVE
  • Edited by Hubert Hall
  • Book: A Formula Book of English Official Historical Documents
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511696916.005
Available formats
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  • WRITS AND LETTERS MISSIVE
  • Edited by Hubert Hall
  • Book: A Formula Book of English Official Historical Documents
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511696916.005
Available formats
×