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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-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
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
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