Privy Seal
Privy Seal of England
The Privy Seal of England can be traced back to the reign of King John. It has been suggested that it was originally the seal that accompanied the person of the Sovereign, while the Great Seal was required to remain in the Chancery. Eventually it became a requirement that almost no non-judicial document could pass under the Great Seal without a warrant from the Privy Seal. [1] The Barons wrested control of the Privy Seal away from the King by 1312 and it was replaced by the signet as the King's personal seal. The Privy Seal became the heart of a second writing office and clearing house, with warrants being sent to the Chancery and Exchequer under orders made with the Signet. [2]
Prior to its adoption as the Privy Seal of the United Kingdom after the Act of Union 1707, its most notable appearance in Scottish history was its capture by the Scots in the aftermath of the Battle of Byland Ridge in 1322, when the Scots led by Robert the Bruce almost captured Edward II, who was forced to flee leaving behind many personal possessions including the Privy Seal.
The Great Seal Act 1884 effectively ended the use of the Privy Seal by providing that it was no longer necessary for any instrument to be passed under the Privy Seal.
The Privy Seal of England was originally kept by the controller of the wardrobe, but by 1323 the distinct office of Keeper of the Privy Seal had emerged. The present-day title of this office, Lord Privy Seal, is recorded in 1539.
Privy Seal of Scotland
There was also a separate Privy Seal of Scotland, which existed from at least the reign of Alexander III.
Article XXIV of the Treaty of Union provided that-
- the Privy Seal ... now used in Scotland be continued But that the said Seals be altered and adapted to the State of the Union as Her Majesty shall think fit And the said Seals and all of them and the Keepers of them shall be subject to such regulations as the Parliament of Great Britain shall hereafter make...
The Seal was last used in 1898 to execute the commission appointing the Rev. James Cooper to a Regius Chair at the University of Glasgow, but has never been abolished. The office of Keeper of the Privy Seal has not been filled since the death of the Marquess of Breadalbane in 1922.