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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
order_n	day_n	observe_v	time_n	2,384	5	3.6895	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

23. the Commons required that some five or six of the Lords might be appointed to come and discourse with them THE LORDS DENIED THAT saying The same was the guise of two or three Parliaments before But the use was That the Lords should among themselves choose a certain number and the Commons the like and that they should confer together which they would do for if the Commons would not dissever themselves neither would they the Lords To the which order the Commons agreed And 4 H. 4. n. 10. The Commons desiring the King that certain speciall Lords might be assigned to treat with them about affairs for the common benefit of the Realm It was condescended unto with this protestation specially entred by the Kings command that it ought not to be done of right OR CUSTOME BUT ONELY OUT OF THE KINGS SPECIALL GRACE which the Commons then acknowledged A pregnant evidence both of their distinct Houses and consultations except onely at private Committees and Conferences Yea the Commons had anciently such an high esteem of the Lords fidelity wisdom abilities councel and experience that in 15 E. 3. n. 17. The Commons pray that unto the Wednesday then next ensuing the Articles they then presented to the King might be committed to certain Earls Barons Bishops and other WISE MEN there named by them TO BE AMENDED which t●●e King granted And in 13 E. 3. Parl. 1. n. 11. 21 E. 3. n. 5. 7 R. 2. Parl. 2. n. 19 20. 17 R. 2. n. 17. and sundry other Rolls The Commons professe THEIR INABILITY AND INSUFFICIENCY TO ADVISE THE KING in some MATTERS OF PEACE WARRE and safeguard of the Seas for that THEY PASSED THEIR CAPACITY AND UNDERSTOOD NOT THE TERMS OF THE CIVILL LAW and some words in Truces and therefore WHOLLY REFERRED THEMSELVES in these things to THE KING AND THE LORDS AND THE KINGS COUNSELL to do therein as they should seem meet being men of greater wisdom and experience in State-affairs of this nature then themselves in which they had little or no insight And in 2 H. 4. n. 11. The whole house of Commons claim and the King grants and confirms and in 9 H. 4. n. 21. entituled The indempnity of the Lords and Commons The Lords and Commons seriously claim this as a speciall ancient priviledge belonging to both the Houses to sit and debate upon things in Parliament severally by themselves in their distinct Houses in the Kings absence whose presence might over-awe them and hinder their free debates which they both claimed and the king confirmed to them IN ALL TIMES TO COME and that no report should be made to the King of any debate vote or ayde granted till the Lords and Commons be all agreed and that by THE SPEAKERS MOUTHES Which ancient priviledge so long since claimed granted confirmed and enjoyed ever since not onely proves the ancient distinction of both houses but utterly subverts the Levellers project who would strip both Houses at once of this great priviledge which the Commons deemed their greatest immunity seeing they durst speak their mindes and vote more freely among themselves then in the presence of the King and Lords for fear of incurring their displeasures by reducing both houses into one The serious consideration whereof and of the premises will I trust for ever take them off from their dangerous absurd designe of Levelling and reducing the Lords House to the Commons and lay the ignorant illiterate prosecutors of it levell with the dust the rather because the King and Lords in Parliament have not onely joyntly and severally judged Commoners themselves in Parliament for such Treasons other misdemeanours as are properly triable in Parliament not at the common Law as is evident by r 4 E. 3. n. 3 to 8. 21 E. 3. n. 65 50 E. 3. n. 15 to 38. 1 R 2. n 35 to 44 4 R 2. n. 17 to 25 7 R. 2. n. 15 to 26. c. infinite Presidents but even Knights of the Shire and other Members of the Commons House it self in point of misdemeanours undue Elections and priviledges of Parliament as is apparēt by 16 R. 2. n. 6 13 14. Sr Phillip Courtney's case returned one of the Knights for the County of Devon 17 R. 2. n. 23. Roger de Swinerton's case 5 ● 4. n. 38. Thomas Thorp his case elected knight for the County of Rotland whose election was heard examined and adjudged by the Lords in Parliament to be good at the Commons request and 31 H. 6. n. 25 to 30. Baron Thorp's case Speaker of the Commons house whose priviledge was solemnly debated before and adjudged against him by the Lords in Parliament who therupon by the King's direction commanded the Commons to choose and present a new Speaker which they accordingly did the next day Yea the whole House of Commons in the Parliament of 1 H. 4. n. 79. Remonstrated to the King and voluntarily confessed That THE JUDGMENTS IN PARLIAMENT APPERTAIN ONELY TO THE KING AND TO THE LORDS and NOT UNTO THE COMMONS and that THE KING AND LORDS EVER HAD IN ALL TIMES AND SHALL HAVE OF RIGHT THE JUDGEMENTS IN PARLIAMENT And the King then declared to the Commons that this Order shall be observed and kept IN ALL TIMES TO COME and that in cases of Commoners and Members of the Commons house it self as well as of Peers as is cleer by Thorp's case forecited and by 5 H. 4. n. 71 78. the printed Statute of 5 H. 4. c. 6. Richard Chedders case and 4 H. 8. c. 8. Richard Strode his case Burgesse for Plimton in the County of Devon where the King and Lords at the Prayer and Petition of the Commons provide remedies against the breaches of the priviledges of the Commons themselves and their servants which themselves alone had no sufficient power r● right and determine the power of judicature being not in them but in the King Lords and houses of Peers alone who long before the Conquest had the power of Judicature as is evident by Brampton and Master * Titles of Honour part 2. c. 5. sect 6. Selden in the case of Earl Goodwin in a Parliament held in the yeer 1052. wherein Edward the Confessor appealed to THE EARLS AND BARONS against this Earl for the murther of his Brother Alfred in these words Domini COMITES BARONES terrae c. Volo quod inter Nos in ista appellatione RECTUM JUDICIUM DECERNETIS DEBITAM JUSTITIAM FACIATIS And therfore it is the very extremity of injustice to deny them this their ancient Heredetary right and priviledge now and transfer it to the Commons house who never enjoyed it in any former Age and can make no right nor lawfull claim unto it at this present FINIS Errata Page 3. line 1. H. 7. read H. 4.

pennance and daily observance Thirdly If the Houses be reduced into one then their i Cook 4. Instit p. 34. 35. manner of voting and dividing being distinct and different as all know the one by a generall Ay and No the other by a particular Content and not content beginning at the puny Lord the one determined by dividing the House to take the Poll the other without dividing the one having no power to enter a Protestation of dissent the other enjoying it the one power to vote by Proxy the other onely in person without proxy then whether shall both retain these their differences still in voting which will bring absolute confusion and much delay or else the Lords vote as the Commons do or the Commons as the Lords If the Lords only as Cōmoners that were a disparagement and disadvantage to them and a meanes to deprive them of their priviledges and votes as Peers the Commons now having above twenty to one for number If the Cōmons shall vote as Lords that would make them Peers and make each Vote if given particularly by the poll the entring of protestations sp●nd above half their time Fourthly if both houses should be mingled together then the Lords alone must be judges and give Oathes and judgement as now they do in writs of Error and other causes with which the Commons are not to intermddle or the Lords and Commons joyntly If the Lords alone then why should both Houses be united or they the onely Judges in the Commons House or presence which their greatnesse doubtlesse would not well digest If Lords and Commons joyntly this would subvert and alter the ancient proceedings and judgements of Parliament and give the Commons a new power of Judicature and giving Oathes and reversing errours they never claimed nor enjoyed Fifthly if the Houses be thus confounded then what will become of their distinct Servants Officers Clerkes Doore-keepers c Shall both continue that were a superfluity and needlesse charge Shall one of them be discharged then whether the Lords on Commons and whether the black Rod will not be quite casheered with the Lords house will be a greate question and require much time to resolve Sixtly if both Houses be new-modelled into one then what will become of all the Assistants of the Lords house they certainly must be cashiered especially such who are onely employed as Messengers to the Commons House of which there will be no use at all when they sit together Eighthly what will become of the forme of endorsing all Bils sent from the Commons to the Lords Soit bayle al Seignieurs les Seigneurs ont assentus and the old forme of reading Bils thrice in both Houses ere they can passe them and so of our Acts of Parliament In respect therefore of all these severall contradictions and inconveniencies which can hardly be reconciled and no wayes altered but by speciall Act of Parliament if by it without dissolving the present Parliament to please a company of seditious ignorant Lovellers and Sehismaticks who never pondered all these particulars it can neither be convenient nor safe to confound both Houses together into one as is endeavoured and desired Fiftly the Act of 16. Caroli Regis entituled An Act for the preventing of incōveniences happening by the long intermissions of Parliaments made with abundance of care and pains this Parliament before the King's departure distinguesheth the house of Commons from the house of Lords prescribes an oath in haec verba to the Lord Chancell our Lord Keeper and Commissioners of the great Seal of England You shall swear that you shall truly and faithfully issue out and send abroad all Writs of Summons to Parliament FOR BOTH HOUSES And in default thereof enacts That THE PEERS of this Realm shall be enabled and ENJOYNED to meet in the old Pallace of Westminster AT THE VSVALL PLACE THERE on the third Monday on November and that they or any twelve or more of them THEN AND THERE ASSEMBLED shall issue out Writs in usuall form under the hands and seals of twelve or more of them to the respective Sheriffs and other Officers for the electing of Knights Citizens and Burgesses of Parliament That on the third Monday in January and second Tuesday in March ALL AND EVERY THE PEERS OF THE REALM shall make their appearance and assembly at THE PALLACE aforesaid and shall EACH OF THEM be liable unto such pains and censures for his and their NOT APPEARING AND SERVING then and THERE in Parliament as if be or they had been summoned by Writ under the great Seal of England and had not appeared and served and to such further pains and censures as BY THE REST OF THE PEERS in Parliament assembled THEY SHALL BE JUDGED UNTO And that the Knights Citizens and Burgesses assembled IN THE COMMONS HOUSE of Parliament shall be liable to such pains and censures as he or they shall be adjudged unto After which it enacts That neither the HOUSE OF PEERS nor THE HOUSE OF COMMONS shall be adjourned within fifty dayes at least after the meeting thereof unlesse it be by the free consent OF EVERY THE SAID HOUSES RESPECTIVELY And that the PEERS assembled in Parliament may FROM TIME TO TIME choose and declare such person TO BE SPEAKER FOR THE SAID PEERS as they shall think fit And that the said Knights Citizens and Burgesses shall and may FROM TIME TO TIME DURING THEIR ASSEMBLY IN PARLIAMENT choose and declare one of themselves to be SPEAKER OF THE HOUSE OF COMMONS as they shall think fit VVhich said SPEAKERS as well for the said PEERS as HOUSE OF COMMONS RESPECTIVELY shall be perfect and conpleat Speakers FOR THE SAID HOVSES RESPECTIVELY and shall have as full and large power jurisdiction and priviledges to all intents and purposes as any SPEAKER OR SPEAKERS OF EITHER OF THE SAID HOUSES RESPECTIVELY heretofore have had and enjoyed Therefore the levelling and reducing of both Houses into one or abolishing the Lords House and Peerage will utterly null and repeal this Act the best that was ever yet made for the Kingdomes safety and Parliaments advantage and deprive both Parliament Kingdome and people of all future benefit by it which I wish our Levellers and Lilburnists seriously to consider and likewise null and repeal the Act to prevent Inconveniences which may happen by the untimely adjourning proroguing or dissolving of this present Parliam An. 17. Car. which enacts That THE HOUSE OF PEERS shal not at any time or times be adjourned during the present Parliament unlesse it be BY THEMSELVES OR THEIR OWN ORDER And in like manner that THE HOUSE OF COMMONS shall not at any time or times during this Parliament be adjourned unlesse it be BY THEMSELVES OR BY THEIR OWN ORDER Which I hope both Houses as they desire their own continuance and being of the Parliament will well advise of and all those whom Lilburn or his Emissaries have seduced to engage against the House of Lords or levell them

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