The Queen's Seals

The discussion board for all things concerning heraldry which falls under the jurisdiction of The College of Arms
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JMcMillan
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Re: The Queen's Seals

Postby JMcMillan » 22 Apr 2015, 15:32

From an official UK government website, http://www.legislation.gov.uk/ukpga/Vict/47-48/30, the Great Seal Act of 1884.

An Act to simplify the passing of Instruments under the Great Seal of the United Kingdom.
[28th July 1884].

1. Short title. This Act may be cited as the Great Seal Act 1884.

2. Authority for passing instrument under Great Seal.

(1) A warrant under Her Majesty’s Royal Sign Manual, countersigned by the Lord Chancellor, or by one of Her Majesty’s Principal Secretaries of State, or by the Lord High Treasurer, or two of the Commissioners of Her Majesty’s Treasury, shall be a necessary and sufficient authority for passing any instrument under the Great Seal of the United Kingdom, according to the tenor of such warrant; Provided that any instrument which may now be passed under the Great Seal by the fiat or under the authority or directions of the Lord Chancellor or otherwise without passing through any other office may continue to be passed as heretofore.

(2) The Lord Chancellor may from time to time make, and when made revoke and vary, regulations respecting the passing of instruments under the Great Seal of the United Kingdom, and respecting the warrants for that purpose, and the preparation of such instruments and warrants, and every such warrant shall be prepared by the Clerk of the Crown in Chancery.

(3) No person shall make or prepare any warrant for passing any instrument under the Great Seal of the United Kingdom, or procure any instrument to be passed under that Seal otherwise than in manner provided by this Act or the Crown Office Act 1877; and any person who acts in contravention of this section shall be guilty of a misdemeanour.


And lest it be thought that this is outdated, the Constitutional Reform Act 2005 (which stripped the Lord Chancellor of his roles as a judge and as speaker of the House of Lords), lists among the continued functions of the office, "Any function of the Lord Chancellor that relates to the custody or use of the Great Seal of the United Kingdom."

Now if anyone thinks that there is a "Great Seal of the Realm" separate from this "Great Seal of the United Kingdom" of which the Lord Chancellor had custody in 1884 and still had custody in 2005, the burden of proof is on you.
Joseph McMillan
Alexandra, Virginia, USA

User avatar
JMcMillan
Posts: 613
Joined: 13 Jul 2012, 22:33
Location: United States

Re: The Queen's Seals

Postby JMcMillan » 22 Apr 2015, 16:34

As for the Scottish seal, its standing vis-à-vis the great seal of the United Kingdom was defined in the Treaty of Union of 1707, article 24:

That from and after the Union, there be one great seal for the united kingdom of Great Britain, which shall be different from the great seal now used in either kingdom: And that the quartering the arms, and the rank and precedency of the Lyon king of arms of the kingdom of Scotland, as may best suit the Union, be left to her Majesty: And that in the mean time, the great seal of England be used as the great seal of the united kingdom, and that the great seal of the united kingdom be used for sealing writs to elect and summon the Parliament of Great Britain, and for sealing all treaties with foreign princes and states, and all publick acts, instruments and orders of state, which concern the whole United kingdom, and in all other matters relating to England, as the great seal of England is now used : And that a seal in Scotland after the Union be always kept and made use of in all things relating to private rights or grants, which have usually passed the great seal of Scotland, and which only concern offices, grants, commissions, &c. and private rights within that kingdom; and that until such seal shall be appointed by her Majesty, the present great seal of Scotland shall be used for such purposes.


This provision is still in effect, as reflected in the Scotland Act 1998, setting up the devolved Scottish Parliament and Executive, which I mentioned before. Once again, section 2(6) reads: "In this Act 'the Scottish Seal' means Her Majesty’s Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland."
Joseph McMillan
Alexandra, Virginia, USA


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