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<NAME>Judith Siefring</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE
LEVELLERS
Levelled to the very
GROUND. <HI>WHEREIN
This dangerous Seditious Opinion and de&s;ign
of &s;ome of them;</HI> That it is nece&s;&s;ary, decent,
and expedient, now to reduce the Hou&s;e of Peeres, and
bring down the Lords into the Commons Hou&s;e, to &s;it and
Vote together with them, as one Hou&s;e. And the fal&s;e ab&s;urd, grounds whereon they
build this <HI>Paradox,</HI> are briefly examined,
refuted, and laid in the du&s;t.</P>
<P>By <HI>William Prynne,</HI> E&s;quire.</P>
<Q><BIBL>PROV. 19. 10.</BIBL><P>Delight is not &s;eemly for a Foole; much le&s;&s;e for a Servant to rule
over Princes.</P></Q>
<Q><BIBL>ECCLES. 10. 5, 7.</BIBL><P>There is an evill I have &s;een under the Sun, as an errour which pro|ceedeth
from the Ruler; I have &s;eene Servants upon Hor&s;es, and Prin|ces
walking as Servants upon the earth.</P></Q>
<P><HI>LONDON:</HI>
Printed by <HI>T. B.</HI> for <HI>Michael Spark.</HI> 1647.</P>
</DIV1>
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<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>THE
LEVELLERS
LEVELLED.</HEAD>
<P>_IT was the Apo&s;tle <HI>Pauls</HI> Doctrine; and that
he likewi&s;e gave in &s;peciall charge to <HI>Titus</HI>
c. 3. 1. <HI>Put them in minde to be &s;ubject to prin|cipalities
and Powers, to obey Magi&s;trates, to bee
ready to every good work:</HI> But this Doctrine
now is little le&s;&s;e then <HI>Here&s;ie,</HI> and meere
<HI>Arbitrary Tyranny,</HI> in the opinion of a <HI>New
Generation</HI> of <HI>Levellers,</HI> and <HI>&s;editious Secta|ries,</HI>
&s;prung up among us &s;ince the Warres; the very per&s;ons
of whom <HI>Peter</HI> prophecyed in the latter times;<NOTE N="a" PLACE="marg">2 Pet. 2. 11.</NOTE> <HI>Who de&s;pi&s;e
Dominion; pre&s;umptuous, &s;elfe-willed, they are not afraid to &s;peake
evill of Dignities, and the things that they under&s;tand not, and &s;hall
peri&s;h in their owne corruption.</HI> How active and indu&s;trious the&s;e
Fire-brands of Sedition have been by writing and petitioning
to extirpate <HI>Monarchy</HI> and <HI>Magi&s;tracy, Nobility</HI> and <HI>Gentry;</HI> and
how they move every &s;tone to pull downe the Hou&s;e of <HI>Peeres,</HI>
and levell the Lords to the Commoners, by bringing them
downe into the <HI>Commons-Hou&s;e</HI> to &s;it and vote together with
them as one, or el&s;e not to &s;it or vote at all, is vi&s;ible to mo&s;t;
and how many thou&s;ands of ignorant &s;imple people they
have ingaged to confederate with them in this pernicious de|&s;igne,
hath been already di&s;covered in part to the Hou&s;es; the
fal&s;e &s;ugge&s;tions and dangerous con&s;equencies whereupon it
is grounded, I &s;hall &s;uccinctly di&s;cover, to undeceive the &s;edu|ced
<PB N="2" REF="3">
people, and take them off from &s;uch a de&s;perate attempt,
which will prove de&s;tructive both to the Parliament, and
them&s;elves too in conclu&s;ion.</P>
<P>The&s;e <HI>Lilburni&s;ts</HI> and <HI>Levellers</HI> pretend, that it is not fit the
Lords &s;hould fit and vote in a di&s;tinct Hou&s;e by them&s;elves, as
they have done of latter times, but that they and the Com|mons
&s;hould now &s;it all together in one Hou&s;e, (to wit, the
Hou&s;e of Commons, the<NOTE N="b" PLACE="marg"><HI>Lilburns</HI> and <HI>Overtons</HI> Pe|titions, and late Letters. The agree|ment of the people. The remon&s;trance of many 1000 to their owne Hou&s;e of Co|mons, and o|thers.</NOTE> ONELY SOVERAIGNE POW|ER
OF THIS KINGDOME, as they &s;tile it) as they did
of<NOTE N="*" PLACE="marg">Methinkes the&s;e <HI>New Lights</HI> &s;hould not cry up and and revive old Pre&s;idents &amp; Patterns, no more then old clothes, fa&s;hi|ons or Cere|monies.</NOTE> old at fir&s;t, and be new moulded into a &s;ingle Hou&s;e; that
&s;o Bills, Ordinances, Votes, and bu&s;ine&s;&s;es of Parliament
might pa&s;&s;e with more expedition upon one Debate and Vote,
and not &s;tay the Debates and Votes of two di&s;tinct Hou&s;es ere
they be con&s;ummate. And becau&s;e the Lords are but few in
number, the &s;onnes of Conque&s;t, not of election, repre&s;enting
onely them&s;elvs, but not the Commons of <HI>England,</HI> repre&s;ented
onely by the Knights, Citizens and Burge&s;&s;es cho&s;en and in|tru&s;ted
by them; therefore it is ju&s;t and rea&s;onable the Lords
&s;hould be levelled and brought down to the Commons Hou&s;e
to &s;it and Vote with them; and not enjoy any di&s;tinct or nega|tive
Votes among them&s;elves, as now they doe.</P>
<P>To an&s;wer the&s;e pretences, I &s;hall not in&s;i&s;t upon <HI>the</HI><NOTE N="c" PLACE="marg"><HI>See Mr.</HI> Sel|dens Tit&punc; of Hon. par. 2. c 5 Spelm. Concil. Tom. 1. Mr. Lamb. Archa. Modus tenendi Parliamen o|rum, Truth triumphing o|ver fal&s;h<GAP DESC="illegible" EXTENT="1 letter">od, p. 56. to 76. Cooks 9. Report, The Preface, &amp; 4. In&s;t c. 1.</NOTE> <HI>Lords
ancient and undoubted Right to &s;it and Vote in Parliaments long before
the Conque&s;t, from the fir&s;t beginning of Parliaments to this pre&s;ent:</HI>
Nor on their activity and readine&s;&s;e in all ages, <HI>to oppo&s;e with
the lo&s;&s;e and hazzard of their e&s;tates, heads, lives, the encroachments of
our Kings upon the Subjects Liberties, and vindicate the peoples free|domes,
in the</HI><NOTE N="d" PLACE="marg"><HI>See</HI> Mat. Pa. Mat. We&s;tm. Wal&s;ingham, H<GAP DESC="illegible" EXTENT="1 letter">lin&s;hed, Speed, Graf. on Tru&s;&s;el, Daniel &amp; The. 1&punc; 2. 3. Par. of the Soveraign po|wer of Parlia|ments.</NOTE> <HI>Reigns</HI> of King <HI>John, Henry</HI> the 3. <HI>Edward 2. Ri|chard</HI>
2. and other <HI>oppre&s;&s;ive Princes,</HI> again&s;t <HI>who&s;e inva&s;ions of
the Kingdomes Lawes and Rights they have ever beene the principall
Bulwarkes;</HI> and of late the chiefe procurers of this pre&s;ent Par|liament,
and undertakers of our defen&s;ive warre again&s;t the
King, wherein the Earle of <HI>E&s;&s;ex,</HI> Lord <HI>Brook,</HI> Lord <HI>Willoughby,</HI>
and others of them fir&s;t appeared; Nor yet to debate their an|cient
and undoubted power and right of <HI>Judicature</HI> in civill
and criminall ca&s;es of Commoners as well as Peers, in all
times and Ages &s;ince there were Parliaments, of which there
are infinite pre&s;idents in Hi&s;tories, Parliament Rols and Jour|nalls,
and &s;undry di&s;claimers of the whole Hou&s;e of Com|mons
of being Judges in Parliament, as in 1. R. 2. <HI>Rot. Parl.
<PB N="3" REF="3">
n. 38, 39, 40. 1 H. 7. Rot. Parl. n.</HI> 79. and <HI>Plac. Coronae. nu.</HI> 11. to 17.
and other Rolls: I &s;hall wholly addre&s;&s;e my &s;elfe to an&s;wer &s;uch
Allegations as are mo&s;t pertinent, touching the point of redu|cing
both Hou&s;es into one, in &s;uch manner as is projected.</P>
<P>Fir&s;t then I an&s;wer, what though it be probable by <HI>Modus te|nendi
Parliamentum,</HI> that the King, Lords and Commons anci|ently
&s;at in one roome, and went in at one common doore in
<HI>King Edwards the Confe&s;&s;ors</HI> time; yet it follows not, they all &s;at
and voted together, as one intire hou&s;e: no more then it fol|lows;
all the Judges and Officers of the Kings Courts of <HI>Chan|cery,</HI>
Kings <HI>Bench</HI> and <HI>Common Pleas</HI> &s;it in one common Room,
and go in at one doore, at <HI>We&s;tmin&s;ter</HI> Hall: therefore they all
&s;it, judge and heare cau&s;es together, and are or ought to be
reduced to one Court; and do not judge, and heare cau&s;es
&s;everally, nor ought to do it: there being no one Author or re|cord
of credit extant, which proves directly, that the Lords and
Commons did ever &s;it, vote, or act together as one intire
hou&s;e, and pa&s;&s;e Billes, Judgements, Ordinances, Orders, by
one undivided and united Vote; the thing which &s;hould be
proved.</P>
<P>Secondly, when, by whom, and upon what occa&s;ion the
Hou&s;es fir&s;t came to be divided, is altogether uncertain, for
ought appeares by hi&s;tory or records.<NOTE N="e" PLACE="marg">4. In&s;tit. p. 2. &amp;. <GAP DESC="illegible" EXTENT="1 letter">n.</NOTE> Sir <HI>Edward Cook</HI> con|ceives,
that <HI>both hou&s;es &s;at together</HI> in 5. &amp; 6. <HI>Ed.</HI> 3. and that <HI>about
that ime, or a little after, they were fir&s;t divided, when the Commons fir&s;t
cho&s;e a Speaker.</HI> But the Records of the&s;e Parliaments do not ne|ce&s;&s;arily
warrant his conjecture herein; &s;ince they &s;peak only
of the meeting together of the three E&s;tates in Parliament,
(as now they oft times do, on the fir&s;t and la&s;t day of the Par|liament,
at conferences, pa&s;&s;ing Bills, and upon other occa&s;i|ons)
not of their &s;itting and voting together. For my part,
I conceive the divi&s;ion of the Hou&s;es farre more ancient, for
this rea&s;on, becau&s;e our hi&s;torians writing of our anciente&s;t
Parliaments, as well before as after the Conque&s;t, do many
times make mention only of our<NOTE N="f" PLACE="marg">See Spelman Concil. T<GAP DESC="illegible" EXTENT="1 letter">m. 1. Seldens titles of honour. par<GAP DESC="illegible" EXTENT="1 letter"> 2 c. 5.</NOTE> <HI>Kings, Archbi&s;hops, Bi&s;hops,
Earles and Barons pre&s;ent in them,</HI> not of any <HI>Elders of the people,
Senators, Knights or Commons</HI> to repre&s;ent the people, (which at
other times they &s;peak of) as pre&s;ent in our Parliaments,<NOTE PLACE="marg">Truth trium|phing over fal&s;hood. <HI>p. 56. &amp;c.</HI></NOTE>
and Councells: occa&s;ioned only as I conceive, by the
di&s;tinction of their &s;itting places and debates. unle&s;&s;e it be
<PB N="4" REF="4">
granted, that many of our ancient Parliaments were held
without Commons, Knights, and Burge&s;&s;es, (as &s;ome affirm)
but never without Peers &amp; Lords; which would much invalid
the Commons authority, and that &s;upream juri&s;diction of theirs
which the <HI>Levellers</HI> now plead for. But admit they &s;at to|gether
in one roome in <HI>Edward</HI> the third his reigne, yet it is
cleart o me, their debates, votes, judgement, were long before
di&s;tinct as now they are, by that memorable pa&s;&s;age in <HI>Stepha|nides</HI>
(tran&s;cribed out of him by<NOTE N="g" PLACE="marg">Titles of Honour, part 2. Chap. 5. p. 705. 706</NOTE> Ma&s;ter <HI>Selden;</HI> concerning the
jugdment given in Parliament at <HI>Northampton</HI> again&s;t <HI>Thomas
Becket</HI> Archbi&s;hop of <HI>Canterbury,</HI> in the eleventh yeare of King
<HI>Henry</HI> the &s;econd, <HI>Anno Domini</HI> 1165. Where the <HI>Bi&s;hops, Earles,
and all the Barons of England, re&s;olving upon the Kings motion there,
that</HI> Becket <HI>refu&s;ing to appeare in Parliament, upon &s;ummons to an|&s;wer
the complaint again&s;t him, being neither hindered by &s;ickne&s;&s;e, nor
&s;ending any rea&s;onable excu&s;e for his not appearing,</HI> &s;hould for&s;eit all
his moveable goods, and be at the Kings mercy: <HI>thereupon
there aro&s;e a difference between the Bi&s;hops, and Barons, which of
them &s;hould pronounce the judgement: the Barons alleadged, that the Bi|&s;hops
ought to pronounce it, becau&s;e he was a Bi&s;hop, and they but Lay|men;
the Bi&s;hops Eccle&s;ia&s;ticall per&s;ons,</HI> and his fellow <HI>Priests, and
Bi&s;hops. To which one of the Bi&s;hops an&s;wered; it belonged to the Barons
and not to them, becau&s;e it was no Eccle&s;ia&s;ticall but Secular judgement;
that they &s;at there as</HI><NOTE N="*" PLACE="marg"><HI>See</HI> Petrus Ble&s;en&s;is.&punc; De In&s;t<GAP DESC="illegible" EXTENT="1 letter">t Epi&s;copi B<GAP DESC="illegible" EXTENT="1 letter">bl. Patrum Tom. 12. pors 2. p. 447.</NOTE> <HI>Barons, not as Bi&s;hops: you are</HI> Barons, <HI>and we
are</HI> Barons: <HI>here we are</HI> Peeres. <HI>But you in&s;i&s;t in vain upon the
rea&s;on of our Order: for if you regard in us our Ordination, you ought
likewi&s;e to con&s;ider the &s;ame in him: Now in this that we are Bi&s;hops,
we cannot judge our</HI> Archbi&s;hop <HI>and Lord. The King hearing this con|trover&s;ie
about pronouncing the judgement, was moved, &amp; thereupon this
controver&s;ie cea&s;ed: and the</HI> Bi&s;hop of <HI>Winchester,</HI> (then Hen|ry
de Bloys) <HI>being at la&s;t enjoyned to give the judgement, pronounced
it again&s;t his will.</HI> There being no mention, &s;peech, or inter lo|cution
of the Commons in this whole Parliamentary debate
or cen&s;ure, but onely of the King, Bi&s;hops and Barons; it
makes it more then probable to me, that even then the Hou&s;es
were divided; at lea&s;t, that they &s;at and voted not together
but di&s;tinctly: and if the Commons were pre&s;ent, yet it is mo&s;t
cleare, the Barons only were the Judges, and gave and pro|nounced
the &s;entence in Parliament, even without the Com|mons.
Of which more in &s;ome other <HI>Treati&s;e.</HI></P>
<P><PB N="5" REF="4">
Thirdly; admit, the divi&s;ion of the Hou&s;es no ancienter then
King <HI>Edw.</HI> the third, yet their divi&s;ion being made at fir&s;t up|on
good grounds, to prevent confu&s;ion and delayes, and to
pa&s;&s;e things with more mature advi&s;e and deliberation upon
double debates, and &s;econd cogitations, and continued con|&s;tantly
ever &s;ince upon good grounds, without any alteration
oroppo&s;ition. And this divi&s;ion of them being ratified and ap|proved
<HI>by the Law and cu&s;tome of Parliament,</HI> The Parl. Rolls,
and Journalls, yea confirmed by &s;undry<NOTE N="*" PLACE="marg">And the Act for <HI>Trienniall Parliament,</HI> made this Parliament.</NOTE> Acts of Parliament,
and among others by 31. <HI>H. 8. c. 10. 33. H. 8. c. 21. 3. Jac. c.</HI> 1. it can
be no way ju&s;t, nor &s;afe, nor convenient, nor honourable, to
confound them both together now, in the manner propound|ed,
yea a cleare di&s;&s;olving of the Parliament being contrary to
the Act for its continuance, &amp; a breach of the &s;olemn League,
Covenant, and all engagements, to obey and defend BOTH
HOUSES OF PARLIAMENT; and a great di&s;honour to
to the Lords, who cannot without apparent perjury and ig|nominy
&s;ubmit thereto: without who&s;e full and free con|&s;ents,
and the Kings too by &s;peciall act of Parliament, it is no
wayes fea&s;ible, if by it,</P>
<P>Fourthly, it will introduce a world of contradictions, con|fu&s;ions,
ab&s;urdities, and inconveniences, as the&s;e particulars
evide~ce. Fir&s;t, both the&s;e hou&s;es, as they are now divided, have,
(and alwayes &s;ince their divi&s;ions have had) their &s;everall di|&s;tinct
Speakers, and one chief cau&s;e of the divi&s;ion (as<NOTE N="h" PLACE="marg">In&s;tit. 4. p&punc; 2.</NOTE> Sir
<HI>Edward Cook</HI> conceives) was the <HI>Commons</HI> chu&s;ing <HI>of a continuall
Speaker.</HI> If then you will unite both Hou&s;es into one; you mu&s;t
have either the&s;e two Speakers in that one hou&s;e (which
would breed confu&s;ion and di&s;turbance, and be like two heads
upon one mans neck;) Or but one, both for Lords &amp; Co~mons,
who then cannot debate nor Vote di&s;tinctly, but joyntly
with the Commons. If but one, then which of the two &s;hall
be the man? Not the Commons Speaker, becau&s;e they had no
Speaker at all before the Hou&s;es were divided, &amp; &s;o can claim
none when reunited. And the Lords Speaker being of greate&s;t
antiquity, Dignity, and Superiour to the Co~mons 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<NOTE N="*" PLACE="marg">Cook 4. In<GAP DESC="illegible" EXTENT="1 letter">&s;tit. p. 8. 46. 47</NOTE> e|lected
either a Member or Speaker by the Commons, can by
the Law of the Land, or cu&s;tome of Parliament be Speaker of,
<PB N="6" REF="5">
and for the Commons, as their mouth and repre&s;entative; or
a meere Commoner, a Speaker to the Lords to repre&s;ent them,
tran&s;cends my Law and skill; and wil require 7 yeares time
to &s;ettle and re&s;olve. Secondly, if the Hou&s;es be united, then
how and where &s;hall the Lords, and their a&s;&s;i&s;tants &s;it, and
how and where the Co~mons? If all promi&s;cuou&s;ly, this would
unlord, unpeere them, and make the meane&s;t Commoner their
equall: If di&s;tinct, then why not in di&s;tinct Hou&s;es &s;till, as well
as Cla&s;&s;es and Seats? Or &s;hall the Lords &s;it covered and the
Commons &s;it bare, as now they doat meetings and conferen|ces
of both Hou&s;es? This would be but ill Phy&s;ick for the
Commons this winter &s;ea&s;on, and too great a penance to &s;uch
of them who have crazy heads, and weak legges, to &s;tand bare
&s;o long, and &s;ome of their &s;pirits (e&s;pecially tho&s;e who are
the <HI>Levellers</HI> be&s;t friends) I doubt are &s;o high, they would hard|ly
brook &s;uch a pennance and daily ob&s;ervance. Thirdly, If
the Hou&s;es be reduced into one, then their<NOTE N="i" PLACE="marg">Cook 4. In&s;tit. p. 34. 35.</NOTE> manner of voting
and dividing being di&s;tinct and different, as all know: the one
by a generall <HI>Ay,</HI> and <HI>No;</HI> the other by a particular <HI>Content</HI> and
not <HI>content,</HI> beginning at the puny Lord: the one determined by
dividing the Hou&s;e, to take the Poll; the other without divi|ding:
the one having no power to enter a Prote&s;tation of di&s;|&s;ent,
the other enjoying it: the one power to vote by Proxy,
the other onely in per&s;on without proxy: then whether &s;hall
both retain the&s;e their differences &s;till in voting, which will
bring ab&s;olute confu&s;ion, and much delay: or el&s;e the Lords
vote as the Commons do, or the Commons as the Lords? If the
Lords only as Co~moners, that were a di&s;paragement and di&s;|advantage
to them, and a meanes to deprive them of their pri|viledges
and votes as Peers, the Commons now having above
twenty to one for number. If the Co~mons &s;hall vote as Lords,
that would make them Peers; and make each Vote if given
particularly by the poll, &amp; the entring of prote&s;tations, &s;p<GAP DESC="illegible" EXTENT="1 letter">nd
above half their time. Fourthly, if both hou&s;es &s;hould be min|gled
together, then the Lords alone mu&s;t be judges, and
give Oathes and judgement as now they do, in writs of Error
and other cau&s;es, with which the Commons are not to inter|mddle;
or the Lords and Commons joyntly. If the Lords a|lone,
then why &s;hould both Hou&s;es be united, or they the
<PB N="9" REF="5">
onely Judges in the Commons Hou&s;e, or pre&s;ence, which their
greatne&s;&s;e doubtle&s;&s;e would not well dige&s;t? If Lords and
Commons joyntly, this would &s;ubvert and alter the ancient
proceedings and judgements of Parliament, and give the
Commons a new power of Judicature and giving Oathes, and
rever&s;ing errours, they never claimed nor enjoyed.</P>
<P>Fifthly, if the Hou&s;es be thus confounded, then what will
become of their di&s;tinct Servants, Officers, Clerkes, Doore|keepers,
&amp;c? Shall both continue? that were a &s;uperfluity and
needle&s;&s;e charge: Shall one of them be di&s;charged? then
whether the Lords on Commons? and whether the black
Rod will not be quite ca&s;heered with the Lords hou&s;e? will be
a greate que&s;tion, and require much time to re&s;olve. Sixtly,
if both Hou&s;es be new-modelled into one, then what will be|come
of all the A&s;&s;i&s;tants of the Lords hou&s;e? they certainly
mu&s;t be ca&s;hiered, e&s;pecially &s;uch who are onely employed as
Me&s;&s;engers to the Commons Hou&s;e, of which there will be
no u&s;e at all when they &s;it together. Eighthly, what will
become of the forme of endor&s;ing all Bils &s;ent from the Com|mons
to the Lords: <HI>Soit bayle al Seignieurs: les Seigneurs ont
a&s;&s;entus:</HI> and the old forme of reading Bils thrice in both
Hou&s;es ere they can pa&s;&s;e them; and &s;o of our Acts of Par|liament?
In re&s;pect therefore of all the&s;e &s;everall contradicti|ons
and inconveniencies which can hardly be reconciled, and
no wayes altered, but by &s;peciall Act of Parliament (if by it)
without di&s;&s;olving the pre&s;ent Parliament, to plea&s;e a com|pany
of &s;editious ignorant <HI>Lovellers</HI> and <HI>Sehi&s;maticks,</HI> who ne|ver
pondered all the&s;e particulars; it can neither be conveni|ent
nor &s;afe to confound both Hou&s;es together into one, as is
endeavoured and de&s;ired.</P>
<P>Fiftly, the Act of 16. <HI>Caroli Regis,</HI> entituled&punc; <HI>An Act for the
preventing of inco~veniences, happening by the long intermi&s;&s;ions of Par|liaments;</HI>
(made with abundance of care and pains this Parlia|ment,
before the King's departure) di&s;tingue&s;heth the hou&s;e of
Commons from the hou&s;e of Lords; pre&s;cribes an oath <HI>in haec
verba,</HI> to the Lord Chancell our, Lord Keeper, and Commi&s;&s;i|oners
of the great Seal of <HI>England,</HI> You &s;hall &s;wear, that you
&s;hall truly and faithfully i&s;&s;ue out, and &s;end abroad all Writs
<PB N="10" REF="6">
of Summons to Parliament FOR BOTH HOUSES.
And <HI>in default thereof, enacts, That THE PEERS of this
Realm &s;hall be enabled and ENJOYNED to meet in the old Pal|lace
of</HI> We&s;tmin&s;ter, <HI>AT THE &V;S&V;ALL PLACE
THERE, on the third Monday on November: and that they, or any
twelve or more of them THEN AND THERE AS|SEMBLED
&s;hall i&s;&s;ue out Writs in u&s;uall form, under the hands
and &s;eals of twelve or more of them, to the re&s;pective Sheriffs, and
other Officers, for the electing of Knights, Citizens and Burge&s;&s;es of
Parliament.</HI> That on the third Monday in <HI>January,</HI> and &s;econd
Tue&s;day in <HI>March,</HI> ALL AND EVERY THE
PEERS OF THE REALM <HI>&s;hall make their appear|ance
and a&s;&s;embly at</HI> THE PALLACE <HI>afore&s;aid; and &s;hall</HI>
EACH OF THEM <HI>be liable unto &s;uch pains and cen&s;ures
for his and their</HI> NOT APPEARING AND SER|VING
<HI>then and</HI> THERE <HI>in Parliament, as if be or they had
been &s;ummoned by Writ under the great Seal of</HI> England, <HI>and had not
appeared and &s;erved, and to &s;uch further pains and cen&s;ures as</HI> BY
THE REST OF THE PEERS <HI>in Parliament
a&s;&s;embled</HI> THEY SHALL BE JUDGED UN|TO:
<HI>And that the Knights, Citizens and Burge&s;&s;es a&s;&s;embled</HI> IN
THE COMMONS HOUSE <HI>of Parliament, &s;hall be
liable to &s;uch pains and cen&s;ures as he or they &s;hall be adjudged unto.</HI></P>
<P>After w^c^h it enacts, <HI>That neither the</HI> HOUSE OF PEERS
<HI>nor</HI> THE HOUSE OF COMMONS <HI>&s;hall be ad|journed
within fifty dayes at lea&s;t, after the meeting thereof, unle&s;&s;e it
be by the free con&s;ent</HI> OF EVERY THE SAID HOU|SES
RESPECTIVELY: <HI>And that the</HI> PEERS
<HI>a&s;&s;embled in Parliament, may</HI> FROM TIME TO TIME
<HI>choo&s;e and declare &s;uch per&s;on</HI> TO BE SPEAKER FOR
THE SAID PEERS <HI>as they &s;hall think fit: And that the
&s;aid Knights, Citizens and Burge&s;&s;es, &s;hall and may</HI> FROM
TIME TO TIME DURING THEIR AS|SEMBLY
IN PARLIAMENT, <HI>choo&s;e and declare
one of them&s;elves to be</HI> SPEAKER OF THE HOUSE
OF COMMONS, <HI>as they &s;hall think fit: VVhich &s;aid</HI>
SPEAKERS, <HI>as well for the &s;aid</HI> PEERS <HI>as</HI> HOUSE
OF COMMONS RESPECTIVELY, <HI>&s;hall be
<PB N="11" REF="6">
perfect and conpleat Speakers</HI> FOR THE SAID HOVSES RE|SPECTIVELY,
<HI>and &s;hall have as full and large power, juri&s;di|ction
and priviledges, to all intents and purpo&s;es, as any</HI> SPEAKER
OR SPEAKERS OF EITHER OF THE SAID HOU|SES
RESPECTIVELY <HI>heretofore have had and enjoyed.</HI> There|fore
the levelling and reducing of both Hou&s;es into one, or
aboli&s;hing the Lords Hou&s;e and Peerage, will utterly null and
repeal this Act, (the be&s;t that was ever yet made for the King|domes
&s;afety, and Parliaments advantage) and deprive both
Parliament, Kingdome and people of all future benefit by it,
(which I wi&s;h our <HI>Levellers</HI> and <HI>Lilburni&s;ts</HI> &s;eriou&s;ly to con&s;ider)
and likewi&s;e null and repeal the Act to <HI>prevent Inconveniences
which may happen by the untimely adjourning, proroguing or di&s;&s;olving of
this pre&s;ent Parliam.</HI> An. 17. <HI>Car.</HI> which enacts, <HI>That</HI> THE HOUSE
OF PEERS <HI>&s;hal not at any time or times be adjourned during the pre|&s;ent
Parliament, unle&s;&s;e it be</HI> BY THEMSELVES OR THEIR
OWN ORDER: <HI>And in like manner, that</HI> THE HOUSE
OF COMMONS <HI>&s;hall not at any time or times during this Parlia|ment,
be adjourned, unle&s;&s;e it be</HI> BY THEMSELVES, OR BY
THEIR OWN ORDER. Which I hope both Hou&s;es, as
they de&s;ire their own continuance, and being of the Parlia|ment,
will well advi&s;e of; and all tho&s;e whom <HI>Lilburn</HI> or his
Emi&s;&s;aries have &s;educed to engage again&s;t the Hou&s;e of Lords,
or levell them to the Commons.</P>
<P>Sixthly, admit the Hou&s;es might without any inevitable
mi&s;chiefes and contradictions, be modeled, and united into
one, yet to bring downe the Lords into the Commons Hou&s;e,
to &s;it and Vote like Commons with them, is no wayes tolle|rable,
or to be thought on but with indignation, for the&s;e
rea&s;ons. Fir&s;t, becau&s;e the whole Commons Hou&s;e it &s;elfe&punc;
when they pre&s;ent their Speaker to the King and Lords (which
will be aboli&s;hed by this union) or when any Bills are to be
pa&s;&s;ed by the Royall A&s;&s;ent, upon the<NOTE N="k" PLACE="marg">Cook 4&punc; <HI>In&s;t. p.</HI> 28. 33 H. 8. <HI>c.</HI> 21. 3 Jac. <HI>c.</HI> 1.</NOTE> <HI>beginning</HI> and ending of
every Parliament, and upon &s;ome other &s;peciall occa&s;ions
have alwayes u&s;ed to goe up and wait upon the Hou&s;e of
Lords in per&s;on, yea to &s;tand bare at their Barre, and to &s;end
their Members in per&s;on<NOTE N="*" PLACE="marg">See 5. R. 2. n. 16.</NOTE> up to the Lords upon any Me&s;&s;age,
Co~ference, or other occa&s;ion; but never did the whole Hou&s;e of
<PB N="10" REF="7">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="11" REF="7">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="12" REF="8">
Peeres in any age come downe in per&s;on to the Commons
Hou&s;e, or any Peeres of late bring Me&s;&s;ages to them, but one|ly
&s;end them by &s;ome A&s;&s;i&s;tants, as <HI>Judges, Ma&s;ters of Chancery, &amp;c.</HI>
Therefore now to talk of bringing down the Hou&s;e of Peeres
to &s;it with the Commons in their Hou&s;e, (all one, as to re|duce
a Noble mans Dining-roome to his Hall or Kitchin, and
levell the roofe and upper roomes of a hou&s;e with the lower|mo&s;t
floore) is &s;uch a di&s;honour and affront to the Lords,
that none but degenerate and ignoble &s;pirits can &s;o much as
heare or think of it with patience, nor no Peere re&s;ent it but
with ju&s;t &s;corne and contempt, and rather dye then con&s;ent
unto it, without who&s;e con&s;ents it cannot be done without
both Hou&s;es ruine: And to bring up the Hou&s;e of Commons
to &s;it and Vote joyntly with the Peeres, would be to advance
the <HI>Co~mons&punc;</HI> above their degree, not <HI>level the Lords;</HI> to make &s;ome
men <HI>Lords</HI> before they are <HI>Gentlemen,</HI> &amp; every <HI>Commoner</HI> no le&s;&s;e
then a <HI>Lord,</HI> which would too much puffe and bladder them
with pride, and make them &s;light tho&s;e whom they repre&s;ent&punc;
who being but <HI>Commoners,</HI> cannot be repre&s;ented by <HI>Peeres,</HI>
or any &s;itting and Voting in the <HI>Hou&s;e of Peeres,</HI> by the true
fundamental Law and Cu&s;tome of Parliaments, as Sir<NOTE N="l" PLACE="marg">In&s;tit. 4. p. 8, 46, 47.</NOTE> <HI>Edward
Cooke</HI> re&s;olves. Secondly, if the Lords &s;hould bee brought
downe into the Commons Hou&s;e, (which is much like the
reducing of the head and &s;houlders of the naturall body,
into the belly or legges, which would make a Mon&s;ter and de|&s;troy
the man) there would be no roome for them, their Of|ficers
and A&s;&s;i&s;tants, unle&s;&s;e enlarged and metamorpho&s;ed in|to
another forme. Thirdly, If the Lords mu&s;t bee brought
downe into the Commons Hou&s;e, then the<NOTE N="*" PLACE="marg">See <HI>Cook&punc;</HI> 4. In&s;t. p. 14, 15.</NOTE> King and Prince
as well as they, or el&s;e they mu&s;t be totally excluded the Par|liament,
or &s;it alone by them&s;elves in the Hou&s;e of Lords,
without any Lords to attend them&punc; An indignity which no
King or Prince can brooke, and no mode&s;t Commoner &s;eri|ou&s;ly
thinke of but with dete&s;tation; nor Lord, nor King
con&s;ent to, but by force and violence; and without their vo|luntary
con&s;ents it will not be valid, but de&s;tructive.</P>
<P>Seventhly, The fal&s;e pretext for it, of expediting <HI>Bills, Or|dinances,</HI>
and <HI>Votes,</HI> is an ab&s;urd and ignorant fancie of over|ha&s;ty
<PB N="13" REF="8">
&s;pirits, who would act all things in a hurry without
good deliberation: For fir&s;t, nothing ought to bee done in
Parliament but upon full and mature debate and deliberati|on
of all the circum&s;tances and probable con&s;equences of it
in future time (a thing now &s;eldome con&s;idered:) <HI>Diu delibe|randum
quod &s;emel &s;tatuendum, &amp;, Fe&s;tina lente,</HI> are &s;afe rules in
Parliament, e&s;pecially in pa&s;&s;ing publike Acts and Ordinan|ces,
in making Warre or Peace, or any Nationall Leagues and
Agreements. Secondly, <HI>Ha&s;ty Dogges bring forth blinde Whelpes:</HI>
and ha&s;ty Votes, over &s;udden Councels and Motions, lame,
blinde, contradictory, unju&s;t, and incon&s;iderate Orders, Or|dinances,
Acts, which mu&s;t either be corrected, &s;upplyed, or
repealed by Additionals, of which we have had too many ex|periments
&s;ince this Parliament; which in many Votes, Or|dinances,
Orders, and Impeachments hath made more ha&s;te
then good &s;peed; and Voted &s;ometimes both ab&s;urdities and
impo&s;&s;ibilities (witne&s;&s;e the <HI>Commons</HI> Votes, for the Tryall of
<HI>Mac-Guire and Mac-Mohun in the Kings-Bench, the very fir&s;t day of
the Terme,</HI> before any Indictment drawne, found, or any Jury
&s;ummoned to finde it; for the Tryall of Judge <HI>Jenkins</HI> in the
<HI>Kings-Bench,</HI> by a &s;hort day, for Trea&s;on aleaged to be com|mitted
in <HI>Wales,</HI> before any Indictment found in the Country,
or removed into Court, and the like;) which I only mention
to &s;atisfie and an&s;wer the Objectors, nor to defame the Hou&s;e
or Hou&s;es, who&s;e Honours and Reputations have beene much
blemi&s;hed, through the incon&s;iderate ra&s;hne&s;&s;e of &s;ome igno|rant
Members, who poa&s;ted on &s;uch Votes and Impeachments.
Thirdly, this dividng the Hou&s;es will breed infinite di&s;order
and confu&s;ion,<NOTE N="*" PLACE="marg">4. In&s;tit. q. 2.</NOTE> not expedition, in their proceedings, as the
premi&s;es manife&s;t, and de&s;troy their very formes and method;
upon which ground Sir<NOTE N="*" PLACE="marg">Witne&s;&s;e Dr <HI>Levtons,</HI> Dr. <HI>Ba&s;twicks,</HI> Mr <HI>Burtons,</HI> my own, Mr. <HI>Wal|kers,</HI> Mr. <HI>Fox|leys,</HI> the <HI>Che|&s;terwars</HI> and many others, about Ship|money, and o|ther grievan|ces.</NOTE> <HI>Edward Cooke</HI> writes they were fir&s;t
divided. Fourthly, it will be a great retarding and ob&s;truction
to publike Ju&s;tice, e&s;pecially in Writs of Errour, and all &s;uch
things which the Lords may di&s;patch or judge without the
Commons Hou&s;e; where many <HI>hundreds of Petitions and bu&s;ine&s;&s;es
heard and Voted above &s;even yeeres &s;ince,</HI> doe yet &s;tick without re|port,
or tran&s;mi&s;&s;ion to the Lords (to the great di&s;honour and
&s;candall of their proceedings and &s;peedy ju&s;tice) which had
<PB N="14" REF="9">
been di&s;patched and ended many years pa&s;t, had they fir&s;t peti|tioned
to the Lords for redre&s;&s;e. So as the Lords Hou&s;e is clear|ly
no cau&s;e of delay, but the Commons rather, through their
long debates or want of method, which debates would bee
increa&s;ed and lengthned by adding of the Lords unto them,
who can now debate and determine things apart, and re&s;olve
two or three things, or more, whiles the Commons are deba|ting
one: And therefore, if delay be the onely cau&s;e of redu|cing
the Lords Hou&s;e to the Commons, the Commons cer|tainly
are rather to be reduced then the Lords, and may bee
better &s;pared of the two (even by<NOTE N="k" PLACE="marg">His letter to a friend, his letters to <HI>Hen|ry Martyn</HI> and <HI>Cromwel,</HI> In|nocency and Truth ju&s;tifi|ed, <HI>Englands</HI> Birth-right, the late Peti|tion of many free-born peo|ple of <HI>England.</HI></NOTE> <HI>Lilburnes</HI> and his <HI>Confede|rates
Libells</HI> and <HI>Petitions</HI>) their delayes being not a quarter
to one &s;o many, nor one quarter &s;o long as the <HI>Commons,</HI> as
them&s;elves mu&s;t and do acknowledge. Eightly, this whole de|&s;ign
is a direct breach of the &s;olemn League and Covenant, a
&s;ubver&s;ion of the Law and Cu&s;tome of Parliaments, a device
to de&s;troy both Hou&s;es, under pretext of reducing them into
one; an engine to di&s;&s;olve this pre&s;ent, and all future Parlia|ments;
to alter the fundamentall Lawes and Government of
this Kingdom, to unking the King, unprince the Prince, un|lord
the Lords, and quite de&s;troy their Hou&s;e (almo&s;t effected
by expul&s;ions, and impeachments of mo&s;t of their Members
by degrees, who have &s;carce enough left to make up an hou&s;e,
which it is high time for them &amp; the Commons to ob&s;erve;)
yea, a project to extirpate Monarchy and Nobility, and &s;et up a
popular Anarchy and Polarchy: And therfore who ever hath
plotted and fomented it, is more guilty of high Trea&s;on then
<HI>Strafford, Canterbury,</HI> or the Gun-powder Traitors, and de|&s;erves
a &s;everer puni&s;hment then they underwent, even by the
hands of the Parliament it &s;elf, and all that are wel-wi&s;hers
to Parliaments or Kingdom, though no friends to Peers.</P>
<P>Ninthly, this divi&s;ion of the Hou&s;es is; Fir&s;t, a great ho|nour
to the Parliament and Hou&s;es, &s;avouring of greater Ma|je&s;ty,
State, and Order, then their joyning into one, and giving
every e&s;tate its<NOTE N="*" PLACE="marg">31 H. 8. <GAP DESC="illegible" EXTENT="1 letter">. 1<GAP DESC="illegible" EXTENT="1 letter">.</NOTE> du<GAP DESC="illegible" EXTENT="1 letter"> place and ranke. Secondly, a great ea&s;e
and benefit to the Subject, who may make his Addre&s;&s;es and
Petitions to either at his election for reliefe. Thirdly, a great
di&s;patch and expedition to all publike affaires, one Hou&s;e fit|ting
<PB N="15" REF="9">
and preparing them for the Debat, &amp; concurrence of the
other, at one and the &s;ame time, as Committees of each
Hou&s;e prepare and expedite bu&s;ine&s;&s;es for the whole Hou&s;e.
Fourthly, a means of more &s;peedy ju&s;tice, by the Commons
preparing of Articles and evidence for complaints and im|peachments,
pre&s;ented by them to the Lords, whiles they are
di&s;patching other bu&s;ine&s;&s;es; and their hearing Writs of Er|rour,
and other cau&s;es, whiles the Commons are upon other
debates; which they could not do in one hou&s;e, but joyntly
together, and &s;ucce&s;&s;ively, not with &s;o quick di&s;patch, and &s;uch
good order as now. Fifthly, a thing very nece&s;&s;ary and ad|vantagious
to the Kingdom and people, and &s;afe&s;t for the Par|liament,
in that the Lords upon their &s;econd debates and con|ferences
with the Judges and others, many times amend and
rectifie divers errours, imperfections, and mi&s;takes in the over-ha&s;ty Votes, yea &amp; deliberate Orders, Ordinances, Bils and De|clarations
of the Commons, which the Commons acknow|ledge
by their a&s;&s;ents unto their amendments; and oft times
the Commons &s;tay &s;ome Votes, Orders, Bils, Ordinance,
&s;ent down to them by the Lords; and their &s;everal amend|ments
and di&s;likes, with the conferences and debates occa&s;ion|ed
thereupon, and &s;econd con&s;iderations of Bu&s;ine&s;&s;es, Votes,
Ordinances, Orders, Bils, Declarations, and the like, make
them more profitable, compleat and valid, and le&s;&s;e liable to
exceptions and eva&s;ions then el&s;e they would have been. In
all which re&s;pects, this divi&s;ion of the Hou&s;es, and the Lords
and Kings negative voyces rightly con&s;idered and u&s;ed, are
not onely convenient, but expedient and ab&s;olutely nece&s;&s;ary
for the publike good, whatever <HI>Lilburn</HI> and his ignorant Le|vellers
fancy to the contrary.</P>
<P><HI>I &s;hall therefore clo&s;e up this with that whole&s;ome and &s;ea|&s;onable
advice of</HI> Solomon, Prov. 24. 21, 22. My &s;onne feare thou
the Lord and the King, and meddle not with tho&s;e WHO ARE GI|VEN
TO CHANGE; For their calamity &s;hall ri&s;e &s;uddenly, and
who knoweth the ruine of them both?</P>
<P>There is onely one Objection to be removed,<NOTE PLACE="marg">Object.</NOTE> wherewith I
&s;hall arme the Levellers, that &s;o I may leave nothing unan|&s;wered,
<PB N="16" REF="10">
that may be hereafter in&s;i&s;ted on. And that is, this
pa&s;&s;age in <HI>Modus tenendi Parliamentum, We mu&s;t know, that for the
granting of &s;uch help and ayd (to the King) it hehooveth</HI> THAT ALL
THE PEERS OF THE PARLIAMENT AGREE: <HI>And we mu&s;t un|derstand,
that two Knights which come to the Parliament for the Shiers
and Countries out of which they come, have a greater voyce in Parlia|ment</HI>
TO GRANT, <HI>then</HI> THE GREATEST EARL <HI>in</HI>
England: <HI>And after the &s;ame manner the Procters for the Clergie, or
Clerks of the Convocation-hou&s;e for one Bi&s;hoprick, have a greater
voyce in Parliament, if they all agree, then the Bi&s;hop him&s;elf: 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 manife&s;t,</HI> BECAUSE THE KING
MAY HOLD A PARLIAMENT WITH THE COMMOMALTY AND
COMMONS OF THE KINGDOM WITHOUT BISHOPS, EARLS
AND BARONS; <HI>yet &s;o, as they be &s;ummoned to the Parliament, although
no Bi&s;hop, Earl or Baron come according to their &s;ummons:</HI> BECAUSE
IN TIMES PAST, NEITHER WAS THERE BISHOP, EARL OR
BARON; <HI>and yet</HI> EVEN THEN KINGS KEPT THEIR PARLIA|MENT.
<HI>But it is far otherwi&s;e on the other &s;ide; for though the Com|monalty,</HI>
to wit, <HI>Laity and Clergie were &s;ummoned to the Parliament
(as of right they ought to be) yet for &s;ome certain cau&s;es they would not
come; as if they did pretend, that the King did not govern them as he
ought, and in &s;peciality point out the Articles in which he mi&s;governed
them, as he ought;</HI> TUNC PARLIAMENTUM NULLUM EST OM|NINO;
<NOTE N="l" PLACE="marg">So the La|tin, the Eng|li&s;h being non|&s;ence, and mi&s;|tran&s;lated in many places.</NOTE> <HI>then there is no Parliament at all, though all the Archbi|bi&s;hops,
Bi&s;hops, Earls and Barons, and and all the Peers &s;hould be pre&s;ent
with the King: And therefore it behooveth that all things which ought
to be affirmed or informed, granted or done by the Parliament, &s;hould
be granted by the Commonalty of the Parliament; which con&s;ists of three
degrees or kinds a&s;&s;embled in Parliament,</HI> to wit, <HI>of the Practors of the
Clergie, the Knights of the Shires, the Citizens and Burge&s;&s;es, who re|pre&s;ent
the whole Commonalty of</HI> England, <HI>and not of Noble men; becau&s;e
every one of them is for his own proper per&s;on pre&s;ent at the Parliament,
and for no other: Which Master</HI><NOTE N="m" PLACE="marg"><HI>Holin&s;head</HI> Chron. of <HI>Irel.</HI> p. 127, 128.</NOTE> John Vowel <HI>in his Order and &V;|&s;age
how to keep a Parliament;</HI> &s;econds in the&s;e words:</P>
<P>If the King in due order have &s;ummoned 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<GAP DESC="illegible" EXTENT="1 letter"> yeeld to any things THEN
<PB N="17" REF="10">
THE KING WITH THE CONSENT OF THE COMMONS
MAY ORDAIN AND ESTABLISH ANY ACTS OR LAWS
WHICH ARE AS GOOD, S&V;FFICIENT AND EFFECT&V;|ALL,
AS IF THE LORDS HAD GIVEN THEIR CON|SENTS.
But on the contrary, if the Commons be &s;ummoned, and will
not come; or comming will not appear, or appearing will not con&s;ent to
do any thing, alledging &s;ome ju&s;t, weighty or great cau&s;e, the King in
tho&s;e ca&s;es cannot with the Lords devi&s;e, make or establi&s;h any Law.
<HI>The rea&s;ons are the&s;e;</HI> When Parliaments were fir&s;t began and or|dained,
there were no Prelates or Barons of the Parliament, and the
temporal Lords were very few or none, and then the<NOTE N="*" PLACE="marg">In what age was there ever &s;uch a Parlia|ment of King and Commons onely?</NOTE> King and his Com|mons
did make a full Parliament; <HI>which authority was NE|VER
YET ABRIDGED. Again, every Baron in Parlia|ment
doth repre&s;ent his own per&s;on, and &s;peaketh in the be|half
of him&s;elf alone; but in the Knights, Citizens and Bur|ge&s;&s;es,
are repre&s;ented the Commons of the whole Realm;
and every of the&s;e giveth con&s;ent, not onely for him&s;elf, but
for all tho&s;e al&s;o for whom he is &s;ent: And the King with
the con&s;ent of the Commons,</HI><NOTE N="n" PLACE="marg">A gro&s;&s;e mi|&s;take without pre&s;ident to warrant it.</NOTE> HAD EVER A S&V;FFICI|ENT
AND F&V;LL A&V;THORITY TO MAKE, ORDAIN
AND ESTABLISH GOOD AND WHOLSOME LAWS FOR
THE COMMON-WEALTH OF THE REALM: <HI>Wherefore
the Lords being lawfully &s;ummoned, and yet refu&s;ing to come,
&s;it or con&s;ent in Parliament,</HI> CANNOT BY THEIR FOLLY
ABRIDGE THE KING OR THE COMMONS OF THEIR
LAWF&V;LL PROCEEDINGS IN PARLIAMENT. <HI>So he.</HI></P>
<P>From which two pa&s;&s;ages it may be probably inferred; fir&s;t,
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 &s;o their
&s;itting in Parliament is not &s;imply nece&s;&s;ary, &s;o as they may
quite be taken away and reduced to the Commons hou&s;e. Se|condly,
that they have no negative voice, but ought to a&s;&s;ent
to whatever the Commons &s;hall vote to be good and nece&s;&s;ary
for the Commonwealth.</P>
<P>To which I an&s;wer;<NOTE PLACE="marg">An&s;wer.</NOTE> fir&s;t, that the compiler of the fir&s;t Trea|ti&s;e,
is both unknown, &amp; the time whe~ it was fir&s;t compiled, not
<PB N="18" REF="11">
&s;o ancient as is imagined by &s;ome hundreds of yeers: It is &s;aid
in the preface, it was fir&s;t compo&s;ed in <HI>Edward</HI> the Confe&s;&s;or's
time, and &s;hewed to <HI>William</HI> the Conquerour, &amp; approved and
u&s;ed by him: but he that made this Preface to it (addes) <HI>That
it was u&s;ed IN THE TIMES OF HIS S&V;CCESSORS KINGS
OF</HI> ENGLAND, and therefore lived long after the Conquerours
time) and &s;o writes but at random, not of his own knowledge,
there being no Hi&s;tory nor Record to warrant any &s;uch thing:
and by his Di&s;cour&s;e touching the Members places and &s;itting
in Parliament, manner of Mar&s;halling the Bi&s;hops and others,
and by other pa&s;&s;ages, it &s;hould &s;eem, a great part of this
Treati&s;e is but of late compo&s;ure: As for its exemplification
by King <HI>Henry</HI> the &s;econd, and his &s;ending it into <HI>Ireland,</HI> and
King <HI>Henry</HI> the &s;econd, and his &s;ending it into <HI>Ireland,</HI> and
King <HI>Henry</HI> the fourth his exemplification of it there, I find no
warrant for it, but Sir<NOTE N="o" PLACE="marg">In&s;tit. 4. p. 12.</NOTE> <HI>Edward Cooks</HI> a&s;&s;ertion, and that
grounded upon a bare report from another: the&s;e exemplifi|cations
(for ought I can learn) being neither of them extant,
nor yet &s;o much as once mentioned by Ma&s;ter <HI>Richard Bolton</HI>
(a great Antiquary) in his <HI>Collection of the Statutes of Ireland:</HI>
Be&s;ides, the election of<NOTE N="*" PLACE="marg"><HI>See</HI> the Free|holders grand Inque&s;t. p. 5, 10 16.</NOTE> two Knights to &s;erve for every Coun|ty,
two Citizens for every City, and two Burge&s;&s;es for every
Burrough, and the Procurators of the Clergy, cannot be pro|ved
by any Hi&s;tory or Records extant, to be formally cho&s;en
by Writ, and &s;ent to the Parliament, in <HI>Edward</HI> the Confe&s;&s;ors
reign; nor that all tho&s;e a&s;&s;i&s;tants w^c^h this Treati&s;e mentions
did then &s;it or were pre&s;ent in Parliaments, in &s;uch manner &amp;
form as is expre&s;&s;ed in this Treati&s;e: Yea, the very objected
pa&s;&s;age, &amp; rea&s;on therin rendered, proves it &s;elf to be of pun<GAP DESC="illegible" EXTENT="1 letter">er
date then the Confe&s;&s;ors or Conquerours dayes. Secondly,
admit it as ancient as the Confe&s;&s;or or Conquerour, then it is
apparent, that even in tho&s;e times the Hou&s;es either &s;ate not,
at lea&s;t voted not both together, as is pretended: For fir&s;t, this
<HI>Treati&s;e distingui&s;heth the Bi&s;hops, Earls and Barons, as distinct ranks
and degrees of Parliament, both from Knights, Citizens and Burge&s;&s;es,
throughout the Treati&s;e:</HI> Secondly, it di&s;tingui&s;heth them in the
<HI>times and dayes of their calling in the beginning of the Parliament, and
in their fines for not appearing:</HI> Thirdly, in the <HI>charge the King gives
to them:</HI> Fourthly, in the <HI>places and manner of their &s;itting, all the
<PB N="19" REF="11">
&s;everall orders of Peers, and A&s;&s;istants of the Lords hou&s;e being menti|oned,
as &s;itting together, without any Knights, Citizens or Burge&s;&s;es
&s;itting among them.</HI> And he addes, <HI>that between the Bi&s;hops, Earls,
Barons, all mu&s;t keep their places, and the Steward of</HI> England <HI>is to
look to this, THAT NONE SIT B&V;T AMONG HIS PEERS
AND EQ&V;ALS:</HI> Fiftly, he &s;ubjoyns, <HI>That the Justices of</HI> Eng|land
<HI>are no Justices in Parliament, unle&s;&s;e &s;o far forth as new power
&s;hall be a&s;&s;igned 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 &s;hall a&s;|&s;igne
five skilfull Clerks of the Parliament: the fir&s;t whereof &s;hall be Mi|nister
to &s;erve the Bi&s;hops; the &s;econd, the Procters of the Clergie; the
third, the Earls and Barons; the fourth, the Knights of the Shire; the
fift, the Citizens and Burge&s;&s;es: who &s;hall write and register their &s;eve|rall
an&s;wers and doubts to the King; that all doubtfull ca&s;es are to be put
in writing, and delivered to the Clerk of every degree; that &s;o every DE|GREE
BY IT SELF MAY GOE THERE BY IT SELFE
AND DEBATE IT, and then bring their ANSWER AND AD|VICE
IN WRITING; and if any di&s;cord ari&s;e, that the bu&s;ine&s;&s;e
be handled and amended by all the Peers of the Kingdom: And that none
of all the Peers may depart from Parliament, unle&s;&s;e he have obtained
leave</HI> OF THE KING, <HI>and of</HI> ALL HIS PEERS. All which
proves the devi&s;ion and di&s;tinction of the Hou&s;es in that Age,
in Votes and Debates.</P>
<P>Thirdly, both the&s;e Writers grant; Fir&s;t, that the Com|mons
can doe or conclude nothing without the Kings pre|fence
and con&s;ent: Secondly, that all the Lords ought to be
&s;ummoned to the Parliament, and if they appear not, that
they &s;hall be amerced: Thirdly, that <HI>ALL PEERS OF
THE REALME O&V;GHT TO AGREE TO WHAT IS
GRANTED OR PASSED IN PARLIAMENT;</HI> &s;o are their
words: Therefore if all the Peers, or the major part of them
di&s;agree, no ayde can be granted nor Act pa&s;&s;ed, by their
own confe&s;&s;ions: and by the &s;ame rea&s;on they affirm, that the
King and Lords, or either of them alone, without the Com|mons,
can grant or enact nothing that is firme or &s;table;
nor yet the Commons them&s;elves without the Kings a&s;&s;ent;
they mu&s;t of nece&s;&s;ity grant, that the King and Commons
<PB N="20" REF="12">
without the Lords can do nothing, that is binding to the
Kingdom, the Lords a&s;&s;ent being as requi&s;ite as theirs, and they
entru&s;ted by the Laws, Statutes and Cu&s;tome of the Realm, to
con&s;ent and di&s;&s;ent in the granting of aydes, and making
Laws as well as the King and Commons, and have a &s;hare inboth
as well as they.</P>
<P>Fourthly, the holding of a Parliament, granting of aydes
and making Laws by the King and Commons, without the
Lords, is onely in one &s;peciall ca&s;e of ob&s;tinacy and extremity
in the Lords; which never yet fell out, nor is likely to happen:
To wit, <HI>when the Lords are all &s;ummoned to Parliament, and yet wil|fully
refu&s;e to appear, &s;it or agree to any thing propounded by the King
and Commons joyntly, without giving a &s;ufficient rea&s;on for their &s;o do|ing:</HI>
To conclude therefore from &s;uch a remote po&s;&s;ibility of
a ca&s;e which never yet fell out, nor is likely to do, the ne|ce&s;&s;ity
of the Lords reducement at this pre&s;ent, or in future
times to the Hou&s;e of Commons, or the abolition of the Hou&s;e
of Peers, or their negative voyce, is as great non&s;ence and fren|zy,
as to argue; that all the Lords and Commons ought pre|&s;ently
to be &s;ent to <HI>Bedlam,</HI> becau&s;e one of our Parliaments
was &s;tiled, <HI>In&s;anum Parliamen<GAP DESC="illegible" EXTENT="1 letter">um, The mad Parliament,</HI> and they
may po&s;&s;ibly prove now as mad as the Parliame~t was then re|puted;
as they will do in good earne&s;t, if they &s;hould go about
to levell the Lords, and detrude them to the Commons hou&s;e,
as the&s;e mad Sectaries and Levellers would per&s;wade them.</P>
<P>Fiftly, neither of the&s;e Writers were good Lawyers, Hi&s;to|rians
or Antiquaries ver&s;ed in Parliament Records: for fir&s;t,
our<NOTE N="o" PLACE="marg">22 E. 3. 3. <HI>b.</HI> <GAP DESC="illegible" EXTENT="1 letter"> H. 7. 14. 11 H 7. 27 <HI>B<GAP DESC="illegible" EXTENT="1 letter">. Parl.</HI> 107. Plowdens <HI>Cou<GAP DESC="illegible" EXTENT="1 letter">t.</HI> 79. Crompton's <HI>Ju|ri&s;diction, f.</HI> 8. Forte&s;cue, <HI>c. 18 f.</HI> 20. 4 H. 7. 6. <GAP DESC="illegible" EXTENT="1 letter">. <HI>Dy</HI> 92. Bro. 134, 39 E. 3. 7.</NOTE> Law-books are expre&s;&s;e in point, <HI>That no Law nor Act of
Parliament can be made by the King and Commons without the Lords
concurrent a&s;&s;ent, no more then by the King and Lords without the Com|mons:</HI>
And Sir <HI>Edward Cook</HI> (the greate&s;t Lawyer in this latter
age) is po&s;itive, in his 4. <HI>Inst.</HI> c. 1. (where he writes particularly
of Parliaments) f. 25. <HI>There is NO ACT OF PARLIAMENT
B&V;T M&V;ST HAVE CONSENT OF THE LORDS, the Com|mons,
and royall a&s;&s;ent of the King, as appeareth by RECORDS AND
O&V;R LAW-BOOKS:</HI> Therefore this fancy of theirs, <HI>that the
King and Commons may make Laws without the Lords,</HI> is a cleer
mi&s;take even in point of Law; which the very form and pen|ning
<PB N="21" REF="12">
of all our Statutes (<HI>Be it enacted by the King, &amp;c. THE
LORDS SPIRIT&V;ALL AND TEMPORALL, and Commons in
this pre&s;ent Parliament a&s;&s;emblea;</HI> and the like) refutes: Secondly,
all our Hi&s;torians and Antiquaries concur herein, That there
can be no Parliament, nor ever was in any age &s;ince Parlia|ments
were in <HI>England,</HI> held by the King and Commons alone
without the Lords; there being no &s;uch Parliament ever heard
or read of, neither do the&s;e Authors in&s;tance in any one Pre&s;i|dent;
therefore this ground of their opinion, <HI>That in times pa&s;t
our Kings kept their Parliaments, when &amp; before there were any B<GAP DESC="illegible" EXTENT="1 letter">&s;hops
or temporall Lords,</HI> is a meer groundle&s;&s;e a&s;&s;ertion, contradicted
by all our Antiquaries and Hi&s;torians; which alwayes make
mention of Archbi&s;hops, Bi&s;hops, Abbots, Dukes, Princes,
Earls, Lords and Barons in our anciente&s;t Parliaments,
but<NOTE N="*" PLACE="marg">See Mr. <HI>Sel|dens</HI> Titles of Honour, part 2. c. 5. <HI>Spel|manni</HI> Concil. Tom. 1. Truth triumphing o|ver fal&s;hood, p 50, to 70. The grand In|que&s;t, p. 8, to 16.</NOTE> no mention at all of any Knights of Shires, Citizens and
Burge&s;&s;es: Thirdly, all our Parliament Rolls contradict this
fancy, that there can be no Act nor Ordinance of Parliament
without the Lords con&s;ent as well as the Commons; as is evi|dent
by the penning of all our printed Acts, and by 6 <HI>Edw.</HI> 3.
Rot. Parl. n. 5. 17 <HI>E.</HI> 3. n. 59, 60. 43 <HI>E.</HI> 3. n. 3, &amp; 10. 14 <HI>R.</HI> 2. n.
14, 15. 13 <HI>H.</HI> 4. n. 25. with many more: yea, the Lords pre&s;ence
in Parliament hath at all times be<GAP DESC="illegible" EXTENT="1 letter">n &s;o <HI>ab&s;olutely nece&s;&s;ary and
expedient; that our Parliaments from time to time have been adjourned
from the day that they were fir&s;t appointed to &s;it, till &s;ome few days after;</HI>
upon this very rea&s;on, <HI>That</HI> ALL THE LORDS (<HI>by rea&s;on of the foul
weather, &s;hortne&s;&s;e of &s;ummons, or &s;ome other occa&s;ion) were not yet come
up to the Parliament, OR SOME OF THE LORDS NOT
COME; and the Declaration of the cau&s;es of calling the Parliament by
the Lord Chancellour, or chief Justice, and all Parliamentary bu&s;ine&s;&s;e
deferred till their comming, (as well as becau&s;e &s;ome of the Knights and
Burge&s;&s;es were not come, nor all the Writs for their elections returned:)
upon which rea&s;on, and the ab&s;ence of &s;ome Lords, the fir&s;t day of the Par|liaments
&s;itting, hath been oft adjourned,</HI> as the Parliament
Rolls of 6 <HI>E.</HI> 3. nu. 1. 6 <HI>E.</HI> 3. Parl. 2. n. 5, 6, 8, 9. 13 <HI>E.</HI> 3. Parl. 2. n.
4. 15 <HI>E.</HI> 3. n. 5. 17 <HI>E.</HI> 3. n. 2. 6. 18 <HI>E.</HI> 3. n. 1, 2, 5. 20 <HI>E.</HI> 3. n. 5. 21 <HI>E.</HI>
3. n. 4. 22 <HI>E.</HI> 3. n. 1. 25 <HI>E.</HI> 3. n. 1. 29 <HI>E.</HI> 3. n. 4. 36 <HI>E.</HI> 3. n. 1. 37 <HI>E.</HI>
3. n. 1. 42 <HI>E.</HI> 3. n. 1. 50 <HI>E.</HI> 3. n. 1. 51 <HI>E.</HI> 3. n. 3. 1 <HI>R.</HI> 2. n. 1, 2 <HI>R.</HI> 2. n.
1. 3 <HI>R.</HI> 2. n. 1. 4 <HI>R.</HI> 2. n. 1. 5 <HI>R.</HI> 2. Parl. 1. n. 1. &amp; Parl. 2. n. 1. 6 <HI>R.</HI>
<PB N="22" REF="13">
2. Parl. 1. n. 1. &amp; Parl. 2. n. 1. abundantly<NOTE N="*" PLACE="marg">And 8 <HI>H.</HI> 4. n. 28, 30, 54. <GAP DESC="illegible" EXTENT="1 letter"> <HI>H.</HI> 4. n. 1. 1; <HI>H.</HI> 4. n. 1.</NOTE> manife&s;t, it being the
cu&s;tome of all former Parliaments to Debate, Vote and deter|mine
nothing but in <HI>F&V;LL PARLIAMENT,</HI> when all, or the
mo&s;t part of the Members of both Hou&s;es were pre&s;ent, and
not in a thin or empty Hou&s;e, when above half or three parts
were ab&s;ent: an innovation of dangerous con&s;equence, brought
in of later times, and fit to be redre&s;&s;ed, <HI>for which &s;ome Parlia|ments
and Parliamentary proceedings have been</HI><NOTE N="p" PLACE="marg">See 31 <HI>F.</HI> <GAP DESC="illegible" EXTENT="1 letter">. n. 16. 1 <HI>H</HI> 4. Rot. Parl. 22, 25, 66. 39 <HI>H.</HI> 6. c. 1. Statutes of <HI>Ireland, 10 H</HI> 7. c. 23. 21 <HI>R.</HI> 2. c. 12. 31 <HI>H</HI> 6 c. 1. 17 <HI>E.</HI> 4. c. 7.</NOTE> <HI>repealed and judged
voyd by Parliament;</HI> e&s;pecially when accompanied with any
armed forces and violence, over-awing the Hou&s;es or their
Members: to prevent which in former ages, by the<NOTE N="q" PLACE="marg"><HI>Cook</HI> 4 In&s;t. p. 14 &amp; 2 <HI>E.</HI> 3. c. 3.</NOTE> <HI>an|cient
law and custome of Parliament, a Proclamation u&s;ually was and
ought to be made at</HI> We&s;tmin&s;ter <HI>in the beginning of every Parliament
THAT NO MAN, &V;PON PAIN TO LOSE ALL THAT HE
HAD, SHO&V;LD D&V;RING THE PARLIAMENT, in</HI> Lon|don
<HI>or</HI> We&s;tmin&s;ter, <HI>or the Suburbs, &amp;c. wear any privy coat of Plate,
OR GOE ARMED, or u&s;e any Games, Playes, Justs, and other
pa&s;times, or &s;hewing Shewes during the Parliament: The rea&s;on whereof
was, That the high Court of Parliament &s;hould not thereby be di&s;turbed,
nor the Members thereof (which are TO ATTEND the arduous and
urgent bu&s;ine&s;&s;e of the Church and Common-wealth) be thereby</HI> WITH|DRAWN
OR FORCED AWAY: as is apparent by 5 <HI>E.</HI>
3. nu. 5. 6 <HI>E.</HI> 3. nu. 2, 3. 6 <HI>E.</HI> 3. Parl. 2. n. 2. 6 <HI>E.</HI> 3. Parl. 4. n. 4, 5.
13 <HI>E.</HI> 3. n. 1. 14 <HI>E.</HI> 3. n. 1. 14 <HI>E.</HI> 3. Parl. 21. n. 2. 15 <HI>E.</HI> 3. n. 2. 17 <HI>E.</HI>
3. n. 3. 20 <HI>E.</HI> 3. n. 1. 24 <HI>E.</HI> 3. n. 1. 25 <HI>E.</HI> 3. n. 5, 8. &amp; Stat. 2. n. 4. A
law and cu&s;tome now fit to be revived. Fourthly, the very
Writs of Summons for the Lords, and of election of Knights,
Citizens and Burge&s;&s;es, refutes this gro&s;&s;e mi&s;take, requiring
them all <HI>to appear per&s;onally in Parliament, on &s;uch a day, at &s;uch a
place, and there to treat of the great and urgent affairs of the Realm, not
onely with the King him&s;elf, but</HI> cum Praelatis, MAGNATIBUS
ET PROCERIBUS dicti Regni no&s;tri; <HI>with the Prelates, No|blemen
and Lords of our &s;aid Realm:</HI> And therefore to dream of
holding a Parliament, or making Lawes without the Lords,
is a &s;ign of an intoxicated brain. Fiftly, I find in 21 <HI>E.</HI> 3. nu.
58. 21 <HI>E.</HI> 3. n. 60. 37 <HI>E.</HI> 3. n. 12, 34. 50 <HI>E.</HI> 3. n. 12, 13. and the
yeer-book of 39 <HI>E.</HI> 3. 7. b. that <HI>the King and Lords in Parliament</HI>
<NOTE N="*" PLACE="marg">See the Free holders grand Inque&s;t.</NOTE> <HI>have made binding laws without the Commons, in &s;ome ca&s;es, but not
<PB N="23" REF="13">
the King and Commons without the Lords:</HI> And in the Parliament
of 6 <HI>E.</HI> 3. Parl. 2. n. 7. <HI>the Commons had licen&s;e to depart the parlia|ment,
but the Lords were commanded to attend the King the next morn|ing,
to advi&s;e him:</HI> So that there is far more colour in point of
Pre&s;idents to prove, that the King and Lords may make Laws
and grants of aydes, (as the Lords did by and for them&s;elves,
3 <HI>E.</HI> 3. n. 4, 5. &amp; Parl. 2. 13 <HI>E.</HI> 3. n. 7.) without the Commons,
then the King and Commons without the Lords.</P>
<P><HI>Sixtly, to this,</HI> that the Knights, Citizens and Burge&s;&s;es in parlia|ment,
have a greater voyce then the greate&s;t Earl in parliament, becau&s;e
they repre&s;ent the Countries, Cities and Burroughs from whence they
come, and the Earl but him&s;elf.</P>
<P>I an&s;wer, fir&s;t, that the rea&s;on holds not; for if this were true
then every Knight, Citizen and Burge&s;&s;e that &s;erves for the
greate&s;t Counties, Cities and Burroughs, &s;hould have a great|er
voyce and power in the Commons hou&s;e, then tho&s;e that
&s;erve for le&s;&s;er, and the &s;malle&s;t, becau&s;e they repre&s;ent,
and a&s;&s;ent, and vote for more Freeholders, Citizens and Bur|ge&s;&s;ers
then they; and by the &s;ame rea&s;on, the le&s;&s;er and poor|er
Peers &s;hould have a le&s;&s;er voyce in the Peers hou&s;e then the
greate&s;t and riche&s;t; which we know is fal&s;e and ab&s;urd. Se|condly,
many Peers are of greater worth, value, e&s;tate and
intere&s;t in relation to the Kingdom, then many poor Bur|roughs;
and therefore by this rea&s;on their voices &s;hould be
greater then both Burge&s;&s;es &s;erving for them. Thirdly, every
Peer votes not onely for him&s;elf, 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.</P>
<P>As to the Lords negative voice in Parliament, I an&s;wer,
fir&s;t, the King, common Laws and Statutes of <HI>England,</HI> have
ever allowed and acknowledged it in all Ages: Secondly, to
deny them this Priviledge, is to make the whole hou&s;e of Peers
meaner then the meane&s;t Burge&s;&s;e, who hath a negative voyce
in all debates and votes that pa&s;&s;e the Commons hou&s;e; yea,
to deny them to be freemen, and make them wor&s;e then the
Phili&s;tine Lords, who had a negative voyce, 1 <HI>Sam. 29. 2, to</HI> 12
And to make them give their co~&s;ents to whatever the Co~mons
<PB N="24" REF="14">
&s;hall carry by their plurality of Votes (though it be but by
one or two) is to &s;et up Popi&s;h blind obedience, and implicit
faith, yea, to de&s;troy that liberty of con&s;cience and judgement
which the Objectors, Levellers and Army do pretend they
fight, and &s;o earne&s;tly conte&s;t for. Thirdly, there are &s;undry
pre&s;idents in our Parliament Rolls, of the Lords negative
voyces in Parliaments; I &s;hall in&s;tance onely in two or three,
The fir&s;t in print, in the Statute of <HI>Marlbridge, 20 H.</HI> 3. c. 3. <HI>The
Bi&s;hops and Clergie importuned the Lords, that they would con&s;ent, that
all &s;uch as were born afore Matrimony &s;hould be legitimate, as well as
tho&s;e who were born within Matrimony, as to the &s;ucce&s;&s;ion of Inheri|tance,
for &s;o much as the Church accepteth &s;uch for legitimate. And</HI> ALL
THE EARLS AND BARONS WITH ONE VOICE
an&s;wered, NOLUMUS, <HI>&amp;c.</HI> WE WILL NOT CHANGE
THE LAWS OF THE REALM <HI>which hither to have been u&s;ed
and approved.</HI> Here the Lords negative voyce hindered the alte|ration
of the common Law, again&s;t the Bi&s;hops and Clergies
importunate Vote to change it. So in the Parliament of 28 <HI>E.</HI>
3. nu. 25. the Commons de&s;ired, <HI>that any man attainted upon a writ
of Oyer and Terminer, might bring his Attaint hanging the &s;uits again&s;t
the other.</HI> To this the an&s;wer on the Roll is, THE LORDS
WILL NOT ALTER THE ORDER OF THE LAW.
The like negative an&s;wer you may read in 21 <HI>E.</HI> 3. n. 12, 29. 1 <HI>R.</HI>
2. n. 34, 69, 111. 2 <HI>R.</HI> 2. n. 57, 58. Parl. 1. &amp; Parl. 2. n. 48. and &s;un|dry
other Rols. Therefore to inferre any thing from the&s;e
erronious pa&s;&s;ages again&s;t the Lords Lou&s;e, Votes, Judicature
or negative voyce, is but the blind following of the blind, and
contradict all Parliament Records, Hi&s;tory, Antiquity and
Law it &s;elf, and approve and e&s;tabli&s;h their authority, judica|ture
and di&s;tinction from the Commoners.</P>
<P>Finally, it is evident by the Parliament Rols of 6 <HI>E.</HI> 3. Parl.
2. n. 3. 13 <HI>E.</HI> 3. Par. 2. n. 7, 8. 15 <HI>E.</HI> 3. n. 6, 7, 9, 17, 18, 35, 37. 17 <HI>E.</HI>
3. n. 9, 11, 12, 59. 18 <HI>E.</HI> 3. n. 10. 21 <HI>E.</HI> 3. n. 4, 5, 70. 22 <HI>E.</HI> 3. n. 3, 4,
29. 22 <HI>E.</HI> 3. Parl. 2. n. 6, 7. 27 <HI>E.</HI> 3. n. 4. 29 <HI>E.</HI> 3. n. 10. 36 <HI>E.</HI> 3. n. 6,
7. 40 <HI>E.</HI> 3. n. 8. 42 <HI>E.</HI> 3. n. 7. 47 <HI>E.</HI> 3. n. 5, 6, 12. 50 <HI>E.</HI> <GAP DESC="illegible" EXTENT="1 letter">. n. 3, 8, 9, 10
14. 51 <HI>E.</HI> 3. n. 18, 19. 1 <HI>R.</HI> 2. n. 12, 13. 2 <HI>R.</HI> 2. n. 10, 23, to 29. 2 <HI>R.</HI>
2. Parl. 2. n. 6. 4 <HI>R.</HI> 2. n. 9, to 16. 5 <HI>R.</HI> 2. n. 13, to 31. 6 <HI>R.</HI> 2. n. 9,
10, 1<GAP DESC="illegible" EXTENT="1 letter">. 6 <HI>R.</HI> 2. parl. 2. n. 14, 15. 6 <HI>R.</HI> 2. parl. 3. n. 8, 9. 7 <HI>R.</HI> 2. n. 11.
<PB N="25" REF="14">
7 <HI>R.</HI> 2. Parl. 2. n. 10, 11. 13 <HI>R.</HI> 2. n. 6. 15 <HI>R.</HI> 2 n. 15. 16 <HI>R.</HI> 2. n. 6.
17 <HI>R.</HI> 2. n. 6, 17, 18 20 <HI>R. 2. 8, 9, 10, 12, 13, 16, 17. 21 R.</HI> 2. n. 8, 9,
16, to 21. That the Lords and Commons in the Parliaments
of King <HI>Edward</HI> the third, and <HI>Richard</HI> the &s;econd, were <HI>distinct
both in their debates, con<GAP DESC="illegible" EXTENT="1 letter">ultations, councels, p<GAP DESC="illegible" EXTENT="1 letter">titions, votes, and pla|ces
of &s;itting too, 50 E.</HI> 3. n. 3, 8. Sir <HI>John Knevet</HI> Chancellour of
<HI>England,</HI> having declared the cau&s;es 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 &s;peedily to con&s;ult
and give an&s;wer. After which the Commons were willed to
d<GAP DESC="illegible" EXTENT="1 letter">part TO THEIR ACCUSTOMED PLACE, b<GAP DESC="illegible" EXTENT="1 letter">ing the
Chapter hou&s;e of the Abbot of <HI>We&s;tmin&s;ter,</HI> whither they went.
In which place they likewi&s;e &s;ate, 2 <HI>R.</HI> 2. n. 10. &amp; 4 <HI>R.</HI> 2. n. 9.
And in 15 <HI>E.</HI> 3. n. 17. 47 <HI>E.</HI> 3. n. 5, 6. 50 <HI>E.</HI> 3. n. 8. 9. 51 <HI>E.</HI> 3. n. 18,
19. 1 <HI>R.</HI> 2. n. 12, 13, 14. 5 <HI>R.</HI> 2. n. 14. 6 <HI>R.</HI> 2. Parl. 2. n. 15. 7 <HI>R.</HI> 2.
Parl. 2. n. 10, 11. <HI>The Commons came to</HI> THE LORDS HOUSE,
<HI>and required that certain of the Lords, there named,</HI> WOULD
VOUCHSAFE TO CONFER WITH THE COM|MONS;
<HI>whereupon they went to the Chamberlains chamber to confer
with the Commons: And at other times they were appointed to goe and
con&s;ult with the Commons at &s;ome other place by the Lords order. In</HI>
2 <HI>R.</HI> 2. Parl. 1. n. 23. <HI>the Commons required, that &s;ome five or &s;ix of
the Lords might be appointed to come and di&s;cour&s;e with them;</HI> THE
LORDS DENIED THAT, &s;aying, <HI>The &s;ame was the gui&s;e of
two or three Parliaments before.</HI> But the u&s;e was, <HI>That the Lords
&s;hould among them&s;elves choo&s;e a certain number, and the Commons the
like, and that they &s;hould confer together, which they would do: for if the
Commons would not di&s;&s;ever them&s;elves, neither would they the Lords:
To the which order the Commons agreed.</HI> And 4 <HI>H.</HI> 4. n. 10. <HI>The Com|mons
de&s;iring the King that certain &s;peciall Lords might be a&s;&s;igned to
treat with them about affairs for the common benefit of the Realm: It
was conde&s;cended unto, with this protestation &s;pecially entred by the Kings
command, that it ought not to be done of right</HI> OR CUSTOME,
BUT ONELY OUT OF THE KINGS SPECIALL
GRACE; which the Commons then acknowledged.</P>
<P>A pregnant evidence both of their di&s;tinct Hou&s;es and con|&s;ultations,
except onely at private Committees and Confe|rences;
<PB N="26" REF="15">
Yea, the Commons had anciently &s;uch an high e&s;teem
of the Lords fidelity, wi&s;dom, abilities, councel and experi|ence,
that in 15 <HI>E.</HI> 3. n. 17. <HI>The Commons pray that unto the Wed|ne&s;day
then next en&s;uing, the Articles they then pre&s;ented to the King,
might be committed to certain Earls, Barons, Bi&s;hops and other</HI> WISE
MEN <HI>there named by them,</HI> TO BE AMENDED: <HI>which t<GAP DESC="illegible" EXTENT="2 letters">e
King granted.</HI> And in 13 <HI>E.</HI> 3. Parl. 1. n. 11. 21 <HI>E.</HI> 3. n. 5. 7 <HI>R.</HI> 2.
Parl. 2. n. 19, 20. 17 <HI>R.</HI> 2. n. 17. and &s;undry other Rolls, The
Commons profe&s;&s;e THEIR INABILITY AND INSUFFI|CIENCY
TO ADVISE THE KING in &s;ome MATTERS
OF PEACE, WARRE, and &s;afeguard of the Seas, for that
THEY PASSED THEIR CAPACITY, AND UNDER|STOOD
NOT THE TERMS OF THE CIVILL LAW,
and &s;ome words in Truces: and therefore WHOLLY RE|FERRED
THEMSELVES in the&s;e things to THE KING
AND THE LORDS, AND THE KINGS COUNSELL,
to do therein as they &s;hould &s;eem meet, being men of greater
wi&s;dom and experience in State-affairs of this nature, then
them&s;elves, in which they had little or no in&s;ight. And in
2 <HI>H.</HI> 4. n. 11. <HI>The whole hou&s;e of Commons claim, and the King grants
and confirms;</HI> and in 9 <HI>H.</HI> 4. n. 21. (entituled, <HI>The indempnity of
the Lords and Commons) The Lords and Commons &s;eriou&s;ly claim this
as a &s;peciall ancient priviledge belonging to both the Hou&s;es, to &s;it and
debate upon things in Parliament &s;everally by them&s;elves in their di&s;tinct
Hou&s;es, in the Kings ab&s;ence</HI> (who&s;e pre&s;ence might over-awe
them, and hinder their free debates;) <HI>which they both claimed, and
the king confirmed to them</HI> IN ALL TIMES TO COME, <HI>and
that no report &s;hould be made to the King of any debate, vote or ayde
granted, till the Lords and Commons be all agreed, and that by</HI> THE
SPEAKERS MOUTHES. Which ancient priviledge &s;o long
&s;ince claimed, granted, confirmed and enjoyed ever &s;ince, not
onely proves the ancient di&s;tinction of both hou&s;es, but utter|ly
&s;ubverts the Levellers project, who would &s;trip both Hou&s;es
at once of this great priviledge, which the Commons deemed
their greate&s;t immunity (&s;eeing they dur&s;t &s;peak their mindes,
and vote more freely among them&s;elves, then in the pre&s;ence
of the King and Lords, for fear of incurring their di&s;plea&s;ures)
by reducing both hou&s;es into one. The &s;erious con&s;ideration
<PB N="27" REF="15">
whereof, and of the premi&s;es, will I tru&s;t for ever take them
off from their dangerous ab&s;urd de&s;igne of Levelling and re|ducing
the Lords Hou&s;e to the Commons, and lay the igno|rant,
illiterate pro&s;ecutors of it, levell with the du&s;t: the ra|ther,
becau&s;e the King and Lords in Parliament, have not one|ly
joyntly and &s;everally judged Commoners them&s;elves in Par|liament
for &s;uch Trea&s;ons, &amp; other mi&s;demeanours as are pro|perly
triable in Parliament, not at the common Law, as is evi|dent
by<NOTE N="r" PLACE="marg">4 <HI>E.</HI> 3. n. 3, to 8. 21 <HI>E.</HI> 3. n. 65 50 <HI>E.</HI> 3. n. 15, to 38. 1 <HI>R&punc;</HI> 2. n 35, to 44 4 <HI>R&punc;</HI> 2. n. 17, to 25 7 <HI>R.</HI> 2. n. 15, to 26. &amp;c.</NOTE> infinite Pre&s;idents; but even Knights of the Shire,
and other Members of the Commons Hou&s;e it &s;elf, in point
of mi&s;demeanours, undue Elections, and priviledges of Parlia|ment;
as is appare~t by 16 <HI>R.</HI> 2. n. 6, 13, 14. S^r <HI>Phillip Courtney's</HI> ca&s;e,
returned one of the Knights for the County of <HI>Devon, 17 R.</HI> 2.
n. 23. <HI>Roger de Swinerton's</HI> ca&s;e, 5 <HI><GAP DESC="illegible" EXTENT="1 letter">.</HI> 4. n. 38. <HI>Thomas Thorp.</HI> his ca&s;e,
elected knight for the County of <HI>Rotland,</HI> who&s;e election was
heard, examined and adjudged by the Lords in Parliament to
be good, at the Commons reque&s;t; and 31 <HI>H.</HI> 6. n. 25, to 30.
Baron <HI>Thorp's</HI> ca&s;e, Speaker of the Commons hou&s;e, who&s;e pri|viledge
was &s;olemnly debated before, and adjudged again&s;t
him by the Lords in Parliament; who therupon by the King's
direction, commanded the Commons to choo&s;e and pre&s;ent a
new Speaker; which they accordingly did the next day. Yea,
the whole Hou&s;e of Commons in the Parliament of 1 <HI>H.</HI> 4. n.
79. Remon&s;trated to the King, and voluntarily confe&s;&s;ed. That
THE JUDGMENTS IN PARLIAMENT APPERTAIN
ONELY TO THE KING AND TO THE LORDS, and
NOT UNTO THE COMMONS; and that THE KING
AND LORDS EVER HAD IN ALL TIMES, AND
SHALL HAVE OF RIGHT THE JUDGEMENTS IN
PARLIAMENT: And the King then declared to the Com|mons,
that this Order &s;hall be ob&s;erved and kept IN ALL
TIMES TO COME, and that in ca&s;es of Commoners and
Members of the Commons hou&s;e it &s;elf, as well as of Peers; as
is cleer by <HI>Thorp's</HI> ca&s;e forecited, and by 5 <HI>H.</HI> 4. n. 71, 78. the
printed Statute of 5 <HI>H.</HI> 4. c. 6. <HI>Richard Chedders</HI> ca&s;e, and 4 <HI>H.</HI> 8.
c. 8. <HI>Richard Strode</HI> his ca&s;e, Burge&s;&s;e for <HI>Plimton</HI> in the County
of <HI>Devon;</HI> where the <HI>King and Lords at the Prayer and Petition of the
Commons, provide remedies again&s;t the breaches of the priviledges of the
<PB N="28" REF="16">
Commons them&s;elves and their &s;ervants, which them&s;elves alone had no
&s;ufficient power r<GAP DESC="illegible" EXTENT="1 letter"> right and determine; the power of judicature being
not in them, but in the King, Lords and hou&s;es of Peers alone;</HI> who
long before the Conque&s;t had the power of Judicature, as is
evident by <HI>Brampton,</HI> and Ma&s;ter<NOTE N="*" PLACE="marg">Titles of Ho+nour, part 2. c. 5. &s;ect. 6.</NOTE> <HI>Selden,</HI> in the ca&s;e of Earl
<HI>Goodwin,</HI> in a Parliament held in the yeer 1052. wherein <HI>Ed|ward</HI>
the Confe&s;&s;or appealed to THE EARLS AND BA|RONS
again&s;t this Earl, for the murther of his Brother <HI>Alfred</HI>
in the&s;e words, <HI>Domini</HI> COMITES <HI>&amp;</HI> BARONES <HI>terrae, &amp;c.
Volo quod inter Nos in i&s;ta appellatione</HI> RECTUM JUDICIUM
DECERNETIS <HI>&amp;</HI> DEBITAM JUSTITIAM FACIATIS.
And therfore it is the very extremity of inju&s;tice to deny them
this their ancient Heredetary right, and priviledge now, and
transfer it to the Commons hou&s;e, who never enjoyed it in
any former Age, and can make no right, nor lawfull claim
unto it at this pre&s;ent.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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<BACK>
<DIV1 TYPE="errata">
<HEAD>Errata.</HEAD>
<P>Page 3. line 1. <HI>H.</HI> 7. read <HI>H.</HI> 4.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
