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A91210 The Levellers levelled to the very ground. Wherein this dangerous seditious opinion and design of some of them; that it is necessary, decent, and expedient, now to reduce the House of Peeres, and bring down the Lords into the Commons House, to sit and vote together with them, as one House. And the false absurd, grounds whereon they build this paradox, are briefly examined, refuted, and laid in the dust. / By William Prynne, Esquire. Prynne, William, 1600-1669. 1648 (1648) Wing P4001; Thomason E428_7; ESTC R20341 22,072 30

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Government of this Kingdom to unking the King unprince the Prince unlord the Lords and quite destroy their House almost effected by expulsions and impeachments of most of their Members by degrees who have scarce enough left to make up an house which it is high time for them the Commons to observe yea a project to extirpate Monarchy and Nobility and set up a popular Anarchy and Polarchy And therfore who ever hath plotted and fomented it is more guilty of high Treason then Strafford Canterbury or the Gun-powder Traitors and deserves a severer punishment then they underwent even by the hands of the Parliament it self and all that are wel-wishers to Parliaments or Kingdom though no friends to Peers Ninthly this division of the Houses is First a great honour to the Parliament and Houses savouring of greater Majesty State and Order then their joyning into one and giving every estate its * 31 H. 8. ● 1● du● place and ranke Secondly a great ease and benefit to the Subject who may make his Addresses and Petitions to either at his election for reliefe Thirdly a great dispatch and expedition to all publike affaires one House fitting and preparing them for the Debat concurrence of the other at one and the same time as Committees of each House prepare and expedite businesses for the whole House Fourthly a means of more speedy justice by the Commons preparing of Articles and evidence for complaints and impeachments presented by them to the Lords whiles they are dispatching other businesses and their hearing Writs of Errour and other causes whiles the Commons are upon other debates which they could not do in one house but joyntly together and successively not with so quick dispatch and such good order as now Fifthly a thing very necessary and advantagious to the Kingdom and people and safest for the Parliament in that the Lords upon their second debates and conferences with the Judges and others many times amend and rectifie divers errours imperfections and mistakes in the over-hasty Votes yea deliberate Orders Ordinances Bils and Declarations of the Commons which the Commons acknowledge by their assents unto their amendments and oft times the Commons stay some Votes Orders Bils Ordinance sent down to them by the Lords and their several amendments and dislikes with the conferences and debates occasioned thereupon and second considerations of Businesses Votes Ordinances Orders Bils Declarations and the like make them more profitable compleat and valid and lesse liable to exceptions and evasions then else they would have been In all which respects this division of the Houses and the Lords and Kings negative voyces rightly considered and used are not onely convenient but expedient and absolutely necessary for the publike good whatever Lilburn and his ignorant Levellers fancy to the contrary I shall therefore close up this with that wholesome and seasonable advice of Solomon Prov. 24. 21 22. My sonne feare thou the Lord and the King and meddle not with those WHO ARE GIVEN TO CHANGE For their calamity shall rise suddenly and who knoweth the ruine of them both There is onely one Objection to be removed Object wherewith I shall arme the Levellers that so I may leave nothing unanswered that may be hereafter insisted on And that is this passage in Modus tenendi Parliamentum We must know that for the granting of such help and ayd to the King it hehooveth THAT ALL THE PEERS OF THE PARLIAMENT AGREE And we must understand that two Knights which come to the Parliament for the Shiers and Countries out of which they come have a greater voyce in Parliament TO GRANT then THE GREATEST EARL in England And after the same manner the Procters for the Clergie or Clerks of the Convocation-house for one Bishoprick have a greater voyce in Parliament if they all agree then the Bishop himself And this is true in all things which ought to be granted or denyed to the party or are to be done therein And this is manifest BECAUSE THE KING MAY HOLD A PARLIAMENT WITH THE COMMOMALTY AND COMMONS OF THE KINGDOM WITHOUT BISHOPS EARLS AND BARONS yet so as they be summoned to the Parliament although no Bishop Earl or Baron come according to their summons BECAUSE IN TIMES PAST NEITHER WAS THERE BISHOP EARL OR BARON and yet EVEN THEN KINGS KEPT THEIR PARLIAMENT But it is far otherwise on the other side for though the Commonalty to wit Laity and Clergie were summoned to the Parliament as of right they ought to be yet for some certain causes they would not come as if they did pretend that the King did not govern them as he ought and in speciality point out the Articles in which he misgoverned them as he ought TUNC PARLIAMENTUM NULLUM EST OMNINO l So the Latin the English being nonsence and mistranslated in many places then there is no Parliament at all though all the Archbibishops Bishops Earls and Barons and and all the Peers should be present with the King And therefore it behooveth that all things which ought to be affirmed or informed granted or done by the Parliament should be granted by the Commonalty of the Parliament which consists of three degrees or kinds assembled in Parliament to wit of the Practors of the Clergie the Knights of the Shires the Citizens and Burgesses who represent the whole Commonalty of England and not of Noble men because every one of them is for his own proper person present at the Parliament and for no other Which Master m Holinshead Chron. of Irel. p. 127 128. John Vowel in his Order and Vsage how to keep a Parliament seconds in these words If the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appear or if they come and appear and will not doe no● yeeld to any things THEN THE KING WITH THE CONSENT OF THE COMMONS MAY ORDAIN AND ESTABLISH ANY ACTS OR LAWS WHICH ARE AS GOOD SVFFICIENT AND EFFECTVALL AS IF THE LORDS HAD GIVEN THEIR CONSENTS But on the contrary if the Commons be summoned and will not come or comming will not appear or appearing will not consent to do any thing alledging some just weighty or great cause the King in those cases cannot with the Lords devise make or establish any Law The reasons are these When Parliaments were first began and ordained there were no Prelates or Barons of the Parliament and the temporal Lords were very few or none and then the * In what age was there ever such a Parliament of King and Commons onely King and his Commons did make a full Parliament which authority was NEVER YET ABRIDGED Again every Baron in Parliament doth represent his own person and speaketh in the behalf of himself alone but in the Knights Citizens and Burgesses are represented the Commons of the whole Realm and every of these giveth consent not onely for himself but for all those
also for whom he is sent And the King with the consent of the Commons n A grosse mistake without president to warrant it HAD EVER A SVFFICIENT AND FVLL AVTHORITY TO MAKE ORDAIN AND ESTABLISH GOOD AND WHOLSOME LAWS FOR THE COMMON-WEALTH OF THE REALM Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament CANNOT BY THEIR FOLLY ABRIDGE THE KING OR THE COMMONS OF THEIR LAWFVLL PROCEEDINGS IN PARLIAMENT So he From which two passages it may be probably inferred first that a Parliament may now be held and Acts and Laws made by the King and Commons alone without the Lords but not by the King and Lords without the Commons and so their sitting in Parliament is not simply necessary so as they may quite be taken away and reduced to the Commons house Secondly that they have no negative voice but ought to assent to whatever the Commons shall vote to be good and necessary for the Commonwealth To which I answer Answer first that the compiler of the first Treatise is both unknown the time whē it was first compiled not so ancient as is imagined by some hundreds of yeers It is said in the preface it was first composed in Edward the Confessor's time and shewed to William the Conquerour approved and used by him but he that made this Preface to it addes That it was used IN THE TIMES OF HIS SVCCESSORS KINGS OF ENGLAND and therefore lived long after the Conquerours time and so writes but at random not of his own knowledge there being no History nor Record to warrant any such thing and by his Discourse touching the Members places and sitting in Parliament manner of Marshalling the Bishops and others and by other passages it should seem a great part of this Treatise is but of late composure As for its exemplification by King Henry the second and his sending it into Ireland and King Henry the second and his sending it into Ireland and King Henry the fourth his exemplification of it there I find no warrant for it but Sir o Instit 4. p. 12. Edward Cooks assertion and that grounded upon a bare report from another these exemplifications for ought I can learn being neither of them extant nor yet so much as once mentioned by Master Richard Bolton a great Antiquary in his Collection of the Statutes of Ireland Besides the election of * See the Freeholders grand Inquest p. 5 10 16. two Knights to serve for every County two Citizens for every City and two Burgesses for every Burrough and the Procurators of the Clergy cannot be proved by any History or Records extant to be formally chosen by Writ and sent to the Parliament in Edward the Confessors reign nor that all those assistants which this Treatise mentions did then sit or were present in Parliaments in such manner form as is expressed in this Treatise Yea the very objected passage reason therin rendered proves it self to be of pun●er date then the Confessors or Conquerours dayes Secondly admit it as ancient as the Confessor or Conquerour then it is apparent that even in those times the Houses either sate not at least voted not both together as is pretended For first this Treatise distinguisheth the Bishops Earls and Barons as distinct ranks and degrees of Parliament both from Knights Citizens and Burgesses throughout the Treatise Secondly it distinguisheth them in the times and dayes of their calling in the beginning of the Parliament and in their fines for not appearing Thirdly in the charge the King gives to them Fourthly in the places and manner of their sitting all the severall orders of Peers and Assistants of the Lords house being mentioned as sitting together without any Knights Citizens or Burgesses sitting among them And he addes that between the Bishops Earls Barons all must keep their places and the Steward of England is to look to this THAT NONE SIT BVT AMONG HIS PEERS AND EQVALS Fiftly he subjoyns That the Justices of England are no Justices in Parliament unlesse so far forth as new power shall be assigned and given them then by the KING AND THE PEERS of the Parliament That the Peers of the Parliament are to examine Petitions BY THEMSEVES That the King shall assigne five skilfull Clerks of the Parliament the first whereof shall be Minister to serve the Bishops the second the Procters of the Clergie the third the Earls and Barons the fourth the Knights of the Shire the fift the Citizens and Burgesses who shall write and register their severall answers and doubts to the King that all doubtfull cases are to be put in writing and delivered to the Clerk of every degree that so every DEGREE BY IT SELF MAY GOE THERE BY IT SELFE AND DEBATE IT and then bring their ANSWER AND ADVICE IN WRITING and if any discord arise that the businesse be handled and amended by all the Peers of the Kingdom And that none of all the Peers may depart from Parliament unlesse he have obtained leave OF THE KING and of ALL HIS PEERS All which proves the devision and distinction of the Houses in that Age in Votes and Debates Thirdly both these Writers grant First that the Commons can doe or conclude nothing without the Kings prefence and consent Secondly that all the Lords ought to be summoned to the Parliament and if they appear not that they shall be amerced Thirdly that ALL PEERS OF THE REALME OVGHT TO AGREE TO WHAT IS GRANTED OR PASSED IN PARLIAMENT so are their words Therefore if all the Peers or the major part of them disagree no ayde can be granted nor Act passed by their own confessions and by the same reason they affirm that the King and Lords or either of them alone without the Commons can grant or enact nothing that is firme or stable nor yet the Commons themselves without the Kings assent they must of necessity grant that the King and Commons without the Lords can do nothing that is binding to the Kingdom the Lords assent being as requisite as theirs and they entrusted by the Laws Statutes and Custome of the Realm to consent and dissent in the granting of aydes and making Laws as well as the King and Commons and have a share inboth as well as they Fourthly the holding of a Parliament granting of aydes and making Laws by the King and Commons without the Lords is onely in one speciall case of obstinacy and extremity in the Lords which never yet fell out nor is likely to happen To wit when the Lords are all summoned to Parliament and yet wilfully refuse to appear sit or agree to any thing propounded by the King and Commons joyntly without giving a sufficient reason for their so doing To conclude therefore from such a remote possibility of a case which never yet fell out nor is likely to do the necessity of the Lords reducement at this present or in future times to the House of Commons or the abolition of