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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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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-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-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
holding a Parliament or making Lawes without the Lords is a sign of an intoxicated brain Fiftly I find in 21 E. 3. nu 58. 21 E. 3. n. 60. 37 E. 3. n. 12 34. 50 E. 3. n. 12 13. and the yeer-yeer-book of 39 E. 3. 7. b. that the King and Lords in Parliament * See the Free holders grand Inquest have made binding laws without the Commons in some cases but not the King and Commons without the Lords And in the Parliament of 6 E. 3. Parl. 2. n. 7. the Commons had license to depart the parliament but the Lords were commanded to attend the King the next morning to advise him So that there is far more colour in point of Presidents to prove that the King and Lords may make Laws and grants of aydes as the Lords did by and for themselves 3 E. 3. n. 4 5. Parl. 2. 13 E. 3. n. 7. without the Commons then the King and Commons without the Lords Sixtly to this that the Knights Citizens and Burgesses in parliament have a greater voyce then the greatest Earl in parliament because they represent the Countries Cities and Burroughs from whence they come and the Earl but himself I answer first that the reason holds not for if this were true then every Knight Citizen and Burgesse that serves for the greatest Counties Cities and Burroughs should have a greater voyce and power in the Commons house then those that serve for lesser and the smallest because they represent and assent and vote for more Freeholders Citizens and Burgessers then they and by the same reason the lesser and poorer Peers should have a lesser voyce in the Peers house then the greatest and richest which we know is false and absurd Secondly many Peers are of greater worth value estate and interest in relation to the Kingdom then many poor Burroughs and therefore by this reason their voices should be greater then both Burgesses serving for them Thirdly every Peer votes not onely for himself but for all the Nobility and whole State and Kingdom whereof he is a member as well and as much as any Commoner and therefore his voyce is as great as theirs As to the Lords negative voice in Parliament I answer first the King common Laws and Statutes of England have ever allowed and acknowledged it in all Ages Secondly to deny them this Priviledge is to make the whole house of Peers meaner then the meanest Burgesse who hath a negative voyce in all debates and votes that passe the Commons house yea to deny them to be freemen and make them worse then the Philistine Lords who had a negative voyce 1 Sam. 29. 2 to 12 And to make them give their cōsents to whatever the Cōmons shall carry by their plurality of Votes though it be but by one or two is to set up Popish blind obedience and implicit faith yea to destroy that liberty of conscience and judgement which the Objectors Levellers and Army do pretend they fight and so earnestly contest for Thirdly there are sundry presidents in our Parliament Rolls of the Lords negative voyces in Parliaments I shall instance onely in two or three The first in print in the Statute of Marlbridge 20 H. 3. c. 3. The Bishops and Clergie importuned the Lords that they would consent that all such as were born afore Matrimony should be legitimate as well as those who were born within Matrimony as to the succession of Inheritance for so much as the Church accepteth such for legitimate And ALL THE EARLS AND BARONS WITH ONE VOICE answered NOLUMUS c. WE WILL NOT CHANGE THE LAWS OF THE REALM which hither to have been used and approved Here the Lords negative voyce hindered the alteration of the common Law against the Bishops and Clergies importunate Vote to change it So in the Parliament of 28 E. 3. nu 25. the Commons desired that any man attainted upon a writ of Oyer and Terminer might bring his Attaint hanging the suits against the other To this the answer on the Roll is THE LORDS WILL NOT ALTER THE ORDER OF THE LAW The like negative answer you may read in 21 E. 3. n. 12 29. 1 R. 2. n. 34 69 111. 2 R. 2. n. 57 58. Parl. 1. Parl. 2. n. 48. and sundry other Rols Therefore to inferre any thing from these erronious passages against the Lords Louse Votes Judicature or negative voyce is but the blind following of the blind and contradict all Parliament Records History Antiquity and Law it self and approve and establish their authority judicature and distinction from the Commoners Finally it is evident by the Parliament Rols of 6 E. 3. Parl. 2. n. 3. 13 E. 3. Par. 2. n. 7 8. 15 E. 3. n. 6 7 9 17 18 35 37. 17 E. 3. n. 9 11 12 59. 18 E. 3. n. 10. 21 E. 3. n. 4 5 70. 22 E. 3. n. 3 4 29. 22 E. 3. Parl. 2. n. 6 7. 27 E. 3. n. 4. 29 E. 3. n. 10. 36 E. 3. n. 6 7. 40 E. 3. n. 8. 42 E. 3. n. 7. 47 E. 3. n. 5 6 12. 50 E. ● n. 3 8 9 10 14. 51 E. 3. n. 18 19. 1 R. 2. n. 12 13. 2 R. 2. n. 10 23 to 29. 2 R. 2. Parl. 2. n. 6. 4 R. 2. n. 9 to 16. 5 R. 2. n. 13 to 31. 6 R. 2. n. 9 10 1● 6 R. 2. parl 2. n. 14 15. 6 R. 2. parl 3. n. 8 9. 7 R. 2. n. 11. 7 R. 2. Parl. 2. n. 10 11. 13 R. 2. n. 6. 15 R. 2 n. 15. 16 R. 2. n. 6. 17 R. 2. n. 6 17 18 20 R. 2. 8 9 10 12 13 16 17. 21 R. 2. n. 8 9 16 to 21. That the Lords and Commons in the Parliaments of King Edward the third and Richard the second were distinct both in their debates con●ultations councels p●titions votes and places of sitting too 50 E. 3. n. 3 8. Sir John Knevet Chancellour of England having declared the causes of calling that Parliament before the King Lords and Commons willed them to goe together THE LORDS BY THEMSELVES AND THE COMMOS BY THEMSELVES and speedily to consult and give answer After which the Commons were willed to d●part TO THEIR ACCUSTOMED PLACE b●ing the Chapter house of the Abbot of Westminster whither they went In which place they likewise sate 2 R. 2. n. 10. 4 R. 2. n. 9. And in 15 E. 3. n. 17. 47 E. 3. n. 5 6. 50 E. 3. n. 8. 9. 51 E. 3. n. 18 19. 1 R. 2. n. 12 13 14. 5 R. 2. n. 14. 6 R. 2. Parl. 2. n. 15. 7 R. 2. Parl. 2. n. 10 11. The Commons came to THE LORDS HOUSE and required that certain of the Lords there named WOULD VOUCHSAFE TO CONFER WITH THE COMMONS whereupon they went to the Chamberlains chamber to confer with the Commons And at other times they were appointed to goe and consult with the Commons at some other place by the Lords order In 2 R. 2. Parl. 1. n.