Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	repeal_v	4,000	5	12.1621	5	true

Text snippets containing the quad

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

Estates in Parliament as now they oft times do on the first and last day of the Parliament at conferences passing Bills and upon other occasions not of their sitting and voting together For my part I conceive the division of the Houses farre more ancient for this reason because our historians writing of our ancientest Parliaments as well before as after the Conquest do many times make mention only of our f See Spelman Concil T●m 1. Seldens titles of honour par● 2 c. 5. Kings Archbishops Bishops Earles and Barons present in them not of any Elders of the people Senators Knights or Commons to represent the people which at other times they speak of as present in our Parliaments Truth triumphing over falshood p. 56. c. and Councells occasioned only as I conceive by the distinction of their sitting places and debates unlesse it be granted that many of our ancient Parliaments were held without Commons Knights and Burgesses as some affirm but never without Peers Lords which would much invalid the Commons authority and that supream jurisdiction of theirs which the Levellers now plead for But admit they sat together in one roome in Edward the third his reigne yet it is cleart o me their debates votes judgement were long before distinct as now they are by that memorable passage in Stephanides transcribed out of him by g Titles of Honour part 2. Chap. 5. p. 705. 706 Master Selden concerning the jugdment given in Parliament at Northampton against Thomas Becket Archbishop of Canterbury in the eleventh yeare of King Henry the second Anno Domini 1165. Where the Bishops Earles and all the Barons of England resolving upon the Kings motion there that Becket refusing to appeare in Parliament upon summons to answer the complaint against him being neither hindered by sicknesse nor sending any reasonable excuse for his not appearing should forseit all his moveable goods and be at the Kings mercy thereupon there arose a difference between the Bishops and Barons which of them should pronounce the judgement the Barons alleadged that the Bishops ought to pronounce it because he was a Bishop and they but Lay-men the Bishops Ecclesiasticall persons and his fellow Priests and Bishops To which one of the Bishops answered it belonged to the Barons and not to them because it was no Ecclesiasticall but Secular judgement that they sat there as * See Petrus Blesensis De Inst●t Episcopi B●bl Patrum Tom. 12. pors 2. p. 447. Barons not as Bishops you are Barons and we are Barons here we are Peeres But you insist in vain upon the reason of our Order for if you regard in us our Ordination you ought likewise to consider the same in him Now in this that we are Bishops we cannot judge our Archbishop and Lord. The King hearing this controversie about pronouncing the judgement was moved thereupon this controversie ceased and the Bishop of Winchester then Henry de Bloys being at last enjoyned to give the judgement pronounced it against his will There being no mention speech or inter locution of the Commons in this whole Parliamentary debate or censure but onely of the King Bishops and Barons it makes it more then probable to me that even then the Houses were divided at least that they sat and voted not together but distinctly and if the Commons were present yet it is most cleare the Barons only were the Judges and gave and pronounced the sentence in Parliament even without the Commons Of which more in some other Treatise Thirdly admit the division of the Houses no ancienter then King Edw. the third yet their division being made at first upon good grounds to prevent confusion and delayes and to passe things with more mature advise and deliberation upon double debates and second cogitations and continued constantly ever since upon good grounds without any alteration oropposition And this division of them being ratified and approved by the Law and custome of Parliament The Parl. Rolls and Journalls yea confirmed by sundry * And the Act for Trienniall Parliament made this Parliament Acts of Parliament and among others by 31. H. 8. c. 10. 33. H. 8. c. 21. 3. Jac. c. 1. it can be no way just nor safe nor convenient nor honourable to confound them both together now in the manner propounded yea a cleare dissolving of the Parliament being contrary to the Act for its continuance a breach of the solemn League Covenant and all engagements to obey and defend BOTH HOUSES OF PARLIAMENT and a great dishonour to to the Lords who cannot without apparent perjury and ignominy submit thereto without whose full and free consents and the Kings too by speciall act of Parliament it is no wayes feasible if by it Fourthly it will introduce a world of contradictions confusions absurdities and inconveniences as these particulars evidēce First both these houses as they are now divided have and alwayes since their divisions have had their severall distinct Speakers and one chief cause of the division as h Instit 4. p 2. Sir Edward Cook conceives was the Commons chusing of a continuall Speaker If then you will unite both Houses into one you must have either these two Speakers in that one house which would breed confusion and disturbance and be like two heads upon one mans neck Or but one both for Lords Cōmons who then cannot debate nor Vote distinctly but joyntly with the Commons If but one then which of the two shall be the man Not the Commons Speaker because they had no Speaker at all before the Houses were divided so can claim none when reunited And the Lords Speaker being of greatest antiquity Dignity and Superiour to the Cōmons in place and degree ought of right to be preferred and enjoy the Speakers place upon the reducement And how a Peere who is not * Cook 4. In●stit p. 8. 46. 47 elected either a Member or Speaker by the Commons can by the Law of the Land or custome of Parliament be Speaker of and for the Commons as their mouth and representative or a meere Commoner a Speaker to the Lords to represent them transcends my Law and skill and wil require 7 yeares time to settle and resolve Secondly if the Houses be united then how and where shall the Lords and their assistants sit and how and where the Cōmons If all promiscuously this would unlord unpeere them and make the meanest Commoner their equall If distinct then why not in distinct Houses still as well as Classes and Seats Or shall the Lords sit covered and the Commons sit bare as now they doat meetings and conferences of both Houses This would be but ill Physick for the Commons this winter season and too great a penance to such of them who have crazy heads and weak legges to stand bare so long and some of their spirits especially those who are the Levellers best friends I doubt are so high they would hardly brook such a

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

to the Commons Sixthly admit the Houses might without any inevitable mischiefes and contradictions be modeled and united into one yet to bring downe the Lords into the Commons House to sit and Vote like Commons with them is no wayes tollerable or to be thought on but with indignation for these reasons First because the whole Commons House it selfe when they present their Speaker to the King and Lords which will be abolished by this union or when any Bills are to be passed by the Royall Assent upon the k Cook 4 Inst p. 28. 33 H. 8. c. 21. 3 Jac. c. 1. beginning and ending of every Parliament and upon some other speciall occasions have alwayes used to goe up and wait upon the House of Lords in person yea to stand bare at their Barre and to send their Members in person * See 5. R. 2. n. 16. up to the Lords upon any Message Cōference or other occasion but never did the whole House of Peeres in any age come downe in person to the Commons House or any Peeres of late bring Messages to them but onely send them by some Assistants as Judges Masters of Chancery c. Therefore now to talk of bringing down the House of Peeres to sit with the Commons in their House all one as to reduce a Noble mans Dining-roome to his Hall or Kitchin and levell the roofe and upper roomes of a house with the lowermost floore is such a dishonour and affront to the Lords that none but degenerate and ignoble spirits can so much as heare or think of it with patience nor no Peere resent it but with just scorne and contempt and rather dye then consent unto it without whose consents it cannot be done without both Houses ruine And to bring up the House of Commons to sit and Vote joyntly with the Peeres would be to advance the Cōmons above their degree not level the Lords to make some men Lords before they are Gentlemen every Commoner no lesse then a Lord which would too much puffe and bladder them with pride and make them slight those whom they represent who being but Commoners cannot be represented by Peeres or any sitting and Voting in the House of Peeres by the true fundamental Law and Custome of Parliaments as Sir l Instit 4. p. 8 46 47. Edward Cooke resolves Secondly if the Lords should bee brought downe into the Commons House which is much like the reducing of the head and shoulders of the naturall body into the belly or legges which would make a Monster and destroy the man there would be no roome for them their Officers and Assistants unlesse enlarged and metamorphosed into another forme Thirdly If the Lords must bee brought downe into the Commons House then the * See Cook 4. Inst p. 14 15. King and Prince as well as they or else they must be totally excluded the Parliament or sit alone by themselves in the House of Lords without any Lords to attend them An indignity which no King or Prince can brooke and no modest Commoner seriously thinke of but with detestation nor Lord nor King consent to but by force and violence and without their voluntary consents it will not be valid but destructive Seventhly The false pretext for it of expediting Bills Ordinances and Votes is an absurd and ignorant fancie of over-hasty spirits who would act all things in a hurry without good deliberation For first nothing ought to bee done in Parliament but upon full and mature debate and deliberation of all the circumstances and probable consequences of it in future time a thing now seldome considered Diu deliberandum quod semel statuendum Festina lente are safe rules in Parliament especially in passing publike Acts and Ordinances in making Warre or Peace or any Nationall Leagues and Agreements Secondly Hasty Dogges bring forth blinde Whelpes and hasty Votes over sudden Councels and Motions lame blinde contradictory unjust and inconsiderate Orders Ordinances Acts which must either be corrected supplyed or repealed by Additionals of which we have had too many experiments since this Parliament which in many Votes Ordinances Orders and Impeachments hath made more haste then good speed and Voted sometimes both absurdities and impossibilities witnesse the Commons Votes for the Tryall of Mac-Guire and Mac-Mohun in the Kings-Bench the very first day of the Terme before any Indictment drawne found or any Jury summoned to finde it for the Tryall of Judge Jenkins in the Kings-Bench by a short day for Treason aleaged to be committed in Wales before any Indictment found in the Country or removed into Court and the like which I only mention to satisfie and answer the Objectors nor to defame the House or Houses whose Honours and Reputations have beene much blemished through the inconsiderate rashnesse of some ignorant Members who poasted on such Votes and Impeachments Thirdly this dividng the Houses will breed infinite disorder and confusion * 4. Instit q. 2. not expedition in their proceedings as the premises manifest and destroy their very formes and method upon which ground Sir * Witnesse Dr Levtons Dr. Bastwicks Mr Burtons my own Mr. Walkers Mr. Foxleys the Chesterwars and many others about Ship-money and other grievances Edward Cooke writes they were first divided Fourthly it will be a great retarding and obstruction to publike Justice especially in Writs of Errour and all such things which the Lords may dispatch or judge without the Commons House where many hundreds of Petitions and businesses heard and Voted above seven yeeres since doe yet stick without report or transmission to the Lords to the great dishonour and scandall of their proceedings and speedy justice which had been dispatched and ended many years past had they first petitioned to the Lords for redresse So as the Lords House is clearly no cause of delay but the Commons rather through their long debates or want of method which debates would bee increased and lengthned by adding of the Lords unto them who can now debate and determine things apart and resolve two or three things or more whiles the Commons are debating one And therefore if delay be the onely cause of reducing the Lords House to the Commons the Commons certainly are rather to be reduced then the Lords and may bee better spared of the two even by k His letter to a friend his letters to Henry Martyn and Cromwel Innocency and Truth justified Englands Birth-right the late Petition of many free-born people of England Lilburnes and his Confederates Libells and Petitions their delayes being not a quarter to one so many nor one quarter so long as the Commons as themselves must and do acknowledge Eightly this whole design is a direct breach of the solemn League and Covenant a subversion of the Law and Custome of Parliaments a device to destroy both Houses under pretext of reducing them into one an engine to dissolve this present and all future Parliaments to alter the fundamentall Lawes and

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

the House of Peers or their negative voyce is as great nonsence and frenzy as to argue that all the Lords and Commons ought presently to be sent to Bedlam because one of our Parliaments was stiled Insanum Parliamen●um The mad Parliament and they may possibly prove now as mad as the Parliamēt was then reputed as they will do in good earnest if they should go about to levell the Lords and detrude them to the Commons house as these mad Sectaries and Levellers would perswade them Fiftly neither of these Writers were good Lawyers Historians or Antiquaries versed in Parliament Records for first our o 22 E. 3. 3. b. ● H. 7. 14. 11 H 7. 27 B● Parl. 107. Plowdens Cou●t 79. Crompton's Jurisdiction f. 8. Fortescue c. 18 f. 20. 4 H. 7. 6. ● Dy 92. Bro. 134 39 E. 3. 7. Law-books are expresse in point That no Law nor Act of Parliament can be made by the King and Commons without the Lords concurrent assent no more then by the King and Lords without the Commons And Sir Edward Cook the greatest Lawyer in this latter age is positive in his 4. Inst. c. 1. where he writes particularly of Parliaments f. 25. There is NO ACT OF PARLIAMENT BVT MVST HAVE CONSENT OF THE LORDS the Commons and royall assent of the King as appeareth by RECORDS AND OVR LAW-BOOKS Therefore this fancy of theirs that the King and Commons may make Laws without the Lords is a cleer mistake even in point of Law which the very form and penning of all our Statutes Be it enacted by the King c. THE LORDS SPIRITVALL AND TEMPORALL and Commons in this present Parliament assemblea and the like refutes Secondly all our Historians and Antiquaries concur herein That there can be no Parliament nor ever was in any age since Parliaments were in England held by the King and Commons alone without the Lords there being no such Parliament ever heard or read of neither do these Authors instance in any one President therefore this ground of their opinion That in times past our Kings kept their Parliaments when before there were any B●shops or temporall Lords is a meer groundlesse assertion contradicted by all our Antiquaries and Historians which alwayes make mention of Archbishops Bishops Abbots Dukes Princes Earls Lords and Barons in our ancientest Parliaments but * See Mr. Seldens Titles of Honour part 2. c. 5. Spelmanni Concil Tom. 1. Truth triumphing over falshood p 50 to 70. The grand Inquest p. 8 to 16. no mention at all of any Knights of Shires Citizens and Burgesses Thirdly all our Parliament Rolls contradict this fancy that there can be no Act nor Ordinance of Parliament without the Lords consent as well as the Commons as is evident by the penning of all our printed Acts and by 6 Edw. 3. Rot. Parl. n. 5. 17 E. 3. n. 59 60. 43 E. 3. n. 3 10. 14 R. 2. n. 14 15. 13 H. 4. n. 25. with many more yea the Lords presence in Parliament hath at all times be●n so absolutely necessary and expedient that our Parliaments from time to time have been adjourned from the day that they were first appointed to sit till some few days after upon this very reason That ALL THE LORDS by reason of the foul weather shortnesse of summons or some other occasion were not yet come up to the Parliament OR SOME OF THE LORDS NOT COME and the Declaration of the causes of calling the Parliament by the Lord Chancellour or chief Justice and all Parliamentary businesse deferred till their comming as well as because some of the Knights and Burgesses were not come nor all the Writs for their elections returned upon which reason and the absence of some Lords the first day of the Parliaments sitting hath been oft adjourned as the Parliament Rolls of 6 E. 3. nu 1. 6 E. 3. Parl. 2. n. 5 6 8 9. 13 E. 3. Parl. 2. n. 4. 15 E. 3. n. 5. 17 E. 3. n. 2. 6. 18 E. 3. n. 1 2 5. 20 E. 3. n. 5. 21 E. 3. n. 4. 22 E. 3. n. 1. 25 E. 3. n. 1. 29 E. 3. n. 4. 36 E. 3. n. 1. 37 E. 3. n. 1. 42 E. 3. n. 1. 50 E. 3. n. 1. 51 E. 3. n. 3. 1 R. 2. n. 1 2 R. 2. n. 1. 3 R. 2. n. 1. 4 R. 2. n. 1. 5 R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 6 R. 2. Parl. 1. n. 1. Parl. 2. n. 1. abundantly * And 8 H. 4. n. 28 30 54. ● H. 4. n. 1. 1 H. 4. n. 1. manifest it being the custome of all former Parliaments to Debate Vote and determine nothing but in FVLL PARLIAMENT when all or the most part of the Members of both Houses were present and not in a thin or empty House when above half or three parts were absent an innovation of dangerous consequence brought in of later times and fit to be redressed for which some Parliaments and Parliamentary proceedings have been p See 31 F. ● n. 16. 1 H 4. Rot. Parl. 22 25 66. 39 H. 6. c. 1. Statutes of Ireland 10 H 7. c. 23. 21 R. 2. c. 12. 31 H 6 c. 1. 17 E. 4. c. 7. repealed and judged voyd by Parliament especially when accompanied with any armed forces and violence over-awing the Houses or their Members to prevent which in former ages by the q Cook 4 Inst p. 14 2 E. 3. c. 3. ancient law and custome of Parliament a Proclamation usually was and ought to be made at Westminster in the beginning of every Parliament THAT NO MAN VPON PAIN TO LOSE ALL THAT HE HAD SHOVLD DVRING THE PARLIAMENT in London or Westminster or the Suburbs c. wear any privy coat of Plate OR GOE ARMED or use any Games Playes Justs and other pastimes or shewing Shewes during the Parliament The reason whereof was That the high Court of Parliament should not thereby be disturbed nor the Members thereof which are TO ATTEND the arduous and urgent businesse of the Church and Common-wealth be thereby WITHDRAWN OR FORCED AWAY as is apparent by 5 E. 3. nu 5. 6 E. 3. nu 2 3. 6 E. 3. Parl. 2. n. 2. 6 E. 3. Parl. 4. n. 4 5. 13 E. 3. n. 1. 14 E. 3. n. 1. 14 E. 3. Parl. 21. n. 2. 15 E. 3. n. 2. 17 E. 3. n. 3. 20 E. 3. n. 1. 24 E. 3. n. 1. 25 E. 3. n. 5 8. Stat. 2. n. 4. A law and custome now fit to be revived Fourthly the very Writs of Summons for the Lords and of election of Knights Citizens and Burgesses refutes this grosse mistake requiring them all to appear personally in Parliament on such a day at such a place and there to treat of the great and urgent affairs of the Realm not onely with the King himself but cum Praelatis MAGNATIBUS ET PROCERIBUS dicti Regni nostri with the Prelates Noblemen and Lords of our said Realm And therefore to dream of

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