Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	record_n	writ_n	3,114	5	9.8826	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

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 PROV 19. 10. Delight is not seemly for a Foole much lesse for a Servant to rule over Princes ECCLES 10. 5 7. There is an evill I have seen under the Sun as an errour which proceedeth from the Ruler I have seene Servants upon Horses and Princes walking as Servants upon the earth LONDON Printed by T. B. for Michael Spark 1647. THE LEVELLERS LEVELLED IT was the Apostle Pauls Doctrine and that he likewise gave in speciall charge to Titus c. 3. 1. Put them in minde to be subject to principalities and Powers to obey Magistrates to bee ready to every good work But this Doctrine now is little lesse then Heresie and meere Arbitrary Tyranny in the opinion of a New Generation of Levellers and seditious Sectaries sprung up among us since the Warres the very persons of whom Peter prophecyed in the latter times a 2 Pet. 2. 11. Who despise Dominion presumptuous selfe-willed they are not afraid to speake evill of Dignities and the things that they understand not and shall perish in their owne corruption How active and industrious these Fire-brands of Sedition have been by writing and petitioning to extirpate Monarchy and Magistracy Nobility and Gentry and how they move every stone to pull downe the House of Peeres and levell the Lords to the Commoners by bringing them downe into the Commons-House to sit and vote together with them as one or else not to sit or vote at all is visible to most and how many thousands of ignorant simple people they have ingaged to confederate with them in this pernicious designe hath been already discovered in part to the Houses the false suggestions and dangerous consequencies whereupon it is grounded I shall succinctly discover to undeceive the seduced people and take them off from such a desperate attempt which will prove destructive both to the Parliament and themselves too in conclusion These Lilburnists and Levellers pretend that it is not fit the Lords should fit and vote in a distinct House by themselves as they have done of latter times but that they and the Commons should now sit all together in one House to wit the House of Commons the b Lilburns and Overtons Petitions and late Letters The agreement of the people The remonstrance of many 1000 to their owne House of Comons and others ONELY SOVERAIGNE POWER OF THIS KINGDOME as they stile it as they did of * Methinkes these New Lights should not cry up and and revive old Presidents Patterns no more then old clothes fashions or Ceremonies old at first and be new moulded into a single House that so Bills Ordinances Votes and businesses of Parliament might passe with more expedition upon one Debate and Vote and not stay the Debates and Votes of two distinct Houses ere they be consummate And because the Lords are but few in number the sonnes of Conquest not of election representing onely themselvs but not the Commons of England represented onely by the Knights Citizens and Burgesses chosen and intrusted by them therefore it is just and reasonable the Lords should be levelled and brought down to the Commons House to sit and Vote with them and not enjoy any distinct or negative Votes among themselves as now they doe To answer these pretences I shall not insist upon the c See Mr. Seldens Tit of Hon. par 2. c 5 Spelm. Concil Tom. 1. Mr. Lamb. Archa Modus tenendi Parliamen orum Truth triumphing over falsh●od p. 56. to 76. Cooks 9. Report The Preface 4. Inst c. 1. Lords ancient and undoubted Right to sit and Vote in Parliaments long before the Conquest from the first beginning of Parliaments to this present Nor on their activity and readinesse in all ages to oppose with the losse and hazzard of their estates heads lives the encroachments of our Kings upon the Subjects Liberties and vindicate the peoples freedomes in the d See Mat. Pa. Mat. Westm Walsingham H●linshed Speed Graf on Trussel Daniel The. 1 2. 3. Par. of the Soveraign power of Parliaments Reigns of King John Henry the 3. Edward 2. Richard 2. and other oppressive Princes against whose invasions of the Kingdomes Lawes and Rights they have ever beene the principall Bulwarkes and of late the chiefe procurers of this present Parliament and undertakers of our defensive warre against the King wherein the Earle of Essex Lord Brook Lord Willoughby and others of them first appeared Nor yet to debate their ancient and undoubted power and right of Judicature in civill and criminall cases of Commoners as well as Peers in all times and Ages since there were Parliaments of which there are infinite presidents in Histories Parliament Rols and Journalls and sundry disclaimers of the whole House of Commons of being Judges in Parliament as in 1. R. 2. Rot. Parl. n. 38 39 40. 1 H. 7. Rot. Parl. n. 79. and Plac. Coronae nu 11. to 17. and other Rolls I shall wholly addresse my selfe to answer such Allegations as are most pertinent touching the point of reducing both Houses into one in such manner as is projected First then I answer what though it be probable by Modus tenendi Parliamentum that the King Lords and Commons anciently sat in one roome and went in at one common doore in King Edwards the Confessors time yet it follows not they all sat and voted together as one intire house no more then it follows all the Judges and Officers of the Kings Courts of Chancery Kings Bench and Common Pleas sit in one common Room and go in at one doore at Westminster Hall therefore they all sit judge and heare causes together and are or ought to be reduced to one Court and do not judge and heare causes severally nor ought to do it there being no one Author or record of credit extant which proves directly that the Lords and Commons did ever sit vote or act together as one intire house and passe Billes Judgements Ordinances Orders by one undivided and united Vote the thing which should be proved Secondly when by whom and upon what occasion the Houses first came to be divided is altogether uncertain for ought appeares by history or records e 4. Instit p. 2. ●n Sir Edward Cook conceives that both houses sat together in 5. 6. Ed. 3. and that about that i me or a little after they were first divided when the Commons first chose a Speaker But the Records of these Parliaments do not necessarily warrant his conjecture herein since they speak only of the meeting together of the three

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