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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 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
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
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-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.