Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	send_v	10,795	5	6.6119	4	true

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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

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