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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91218	Minors no senators. Or A briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of Parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole Parliament and Kingdome, in sundry respects. / Written by a common-lawyer (a true lover of his country, and honourer of the Parliament) to a friend and client of his, for his private satisfaction, and published for the common-good.	Prynne, William, 1600-1669.	1646 (1646)	Wing P4008; Thomason E506_33; ESTC R205590	20,692	18

Because there are greater differences distractions between the King and Parliament and more labouring to make parties in the House to serve ends if possible then in any former Age 3ly Because a greater reformation is now expected promised endeavoured in Church State Parliaments then in any preceedent times 4ly Because the Acts and Members of this Parliament more concerne the Kingdome to be free from all just exceptions and are likely to bee more narrowly scanned sifted both for the present and future times then the Members or proceedings of any former Parliaments and the least just flaw against them may in after ages prove dangerous if not fatall to revoke or shake what ever shall be concluded by them now if not timely prevented 5. Because this Parliament is more lasting then any other and happily may prove diuturnal if not perpetuall 6. Because both Houses have made a more exact purgation of unsitting unworthy Members in this then in any Parliament in former ages and therefore in Justice ought to displace all unable or unsitting Members as well Infants as any others to avoid the just censure of partiality 7. Because more exceptions cavils are will be made against undue elections Members now by Malignants Royalists Prelates then to any Members Elections in former ages Therefore the House should bee more carefull what Members they now admit then they were in former times when there were no such unhappy divisions betweene the King Parliament as now The 3d. Objection is this That the Infants in the House are not many and they are led by the Votes of wiser and more able Members therefore the danger is not great I Answer 1. That if no Infant be capable of being a Member then none ought to be admitted be they many or few 2ly Though they be but few for the present yet there may be more hereafter elected there being new endeavours to bring in more 3ly One or two in judicious Infant Members Votes in matters of momen● when the House comes to bee devided may prove very dangerous 4. Every Parliament man ought to Vote according to his owne judgment not anothers only and it is very dangerous for any to Vote with such and such persons only in the House and to make their Votes the sole ground of their concurrent Ay or No is the high way to factions The 4th and principall Objection is this That it will be both convenient and expedient that young Gentlemen under age of Honourable Families should be Members of Parliament during their Minority the better to enable them to serve their Country therein when they come to r●per yeares it being the best Schoole of Experience to educate to improve young Gentlemen and sit them for publike Action Vpon which ground the eldest Sons of Peeres are admitted to sit in the Lords House and heare their debates to enable them the better to serve the Kingdome when they come to be Peeres and former Parliaments have connived at Infants being Elected Members and at their sitting in the Commons House I Answer 1. That this Argument is a meere fallacy if examined For though most Members of Parliament as well old as young may learne much knowledge and experience by sitting there as all Judges or other Officers do by sitting in Courts of Iustice and execu●ing their places yet they learne it not as Schollers or Auditors in a Schoole but as Iudges and Councelors of state in the supreamest Court and Councell of the Kingdome to discharge which trust they must have some competent abilities of wisdome and experience requisite for Iudges and Councellors of state which Infants want before they can be admitted Members into this highest publike Schoole into which none ought to be elected but such wise men who know both times Law and Iudgment Esth. 1. 13. especially in such times as these 2ly It is an absurdity if rightly stated implying asserting that Infants may be elected to sit and Vote as Members in Parliament for the present to enable them to be s●t Members in it for the future though unsitting for the present when as in truth none should be chosen to such a place of publike t●ust but those alone who are able and * sit to discharge it at the very instant when they are elected Is any Father Schoole-Master so inconsiderate or absurd to send his Son or Scholler to the University before he be fit for a Grammer-Schoole the better to fit and enable him for the Vniversity will the King or Parliament think it just or reasonable to make a puny Barrester Lord Chiefe Justice of England for the present the better to enable him to be a Judge or Chiefe Justice for the future in his riper yeares though unfit unable at the time of his Parent to be a puny Iudge Will any be so sencelesse as to create a puny Schoole-boy chiefe Master of any Free-schoole during his Minority the better to abilitate him to discharge that Office twenty yeares after when hee comes to perfect age Why then should any Infants be elected Parliament men for the present before they are actually fit or capable upon this poore surmise that it will the better instruct them to be able Parliament men in future times Certainly this is and must be like the corrupt practise of the late Prelates who would first admit men to benefices with cure of soules which they were unable to discharge for the present and then grant them dispensations to be resident in our Vniversities for five or six years space together of purpose to fit them to execute their cures and discharge their Ministry some five or six yeares after their institutions and inductions to their Benefices 3ly I dare averre that Infants by following their studies close in the Vniversity and Innes of Court during their minorities will arre better improve themselves to serve their Country in Parliament in after times when they come to yeares of full discretion then by spending their time idlely in the House where they commonly sit like Cyphers with out speaking or observing ought that is materiall which takes them oft from their present studies and bladders them with selfe-conceits of their owne superlative worth abilities 4ly Admit the Objection true yet the prejudice and dishonour the Kingdome whole Parliament shall undergoe by the permission of such unable Members is no wayes recompenced by that little wisdome or experience which two or three Infants may possibly gaine by being Members for the present who happily may never live to serve in future Parliaments or prevatica●e in this 5ly The argument drawne from Peers eldest sonnes admission into the House of Peers as Auditors only not Members is as strong an argument as possible against the Objectors they being permitted like the Sons of some of the cheife Roman Senators of old to come into the Senate not as Peers Members Voters but Auditors or spectators only Therefore the selfesame Law and reasons which exclude Infants

to it for feare of after-claps Fifthly By the ancient Law and custome of Parliament as our i Law 〈◊〉 resolve and the statute of 5. R. 2. cap. 4. enacts Every Member of Parliament who absents himselfe or departs from it without just ex●●●e and License shall be amerced and otherwise punished by imprisonment and the like as oft time hath bin used But k our Law-Books all resolve that an Infant cannot be fined amerced or imprisoned for any Laches default absence or negligence because he is not of full discretion Therefore he cannot be a Member of Parliament by the expresse resolution of these Authorities and this statute even for this very mischiefe because he cannot bee amerced imprisoned or punished as other Members are and ought to be in case of absence or undue departure from the Parliament Sixthly Admit the forementioned mischiefes should all prove but contingent and future yet this one present mischiefe happens by Infants Elections that they keep out abler Members and deprive the Parliament Kingdome of the assistance Councell abilities of more discreete wise active experienced Venerable persons then themselves who by reason of their Infancy and want of experience are no ways serviceable active in the House or in Committees where they commonly sit as Ciphers to keep out Figures and men of greater parts and eminency I have ought times admired at the sotishnesse of people in resigning up their Lives Liberties Estates Laws Religion all into the hand● of such Novices and unconfiding Members whom they Elect to represent and Vote for them in Parliament as themselves would disdain to advise with or make use of in any other imployment No man is so foolish as to make choice of a young raw unexperienced unskilfull Practitioner to be his Pilot Physitian Lawyer Advocate Commander especially if the Voyage Disease Case Service bee dangerous or difficult but will resort to the skilfulest Pilots Physitians Lawyers Advocates Souldiers in such cases And should they not much more do thus in their choyce of Members of Parliament especially in these dangerous and tempestuous times when the ship of our Church State are extreamely indangered by stormes and rockes the whole body of our three Kingdomes Churches desperately diseased wounded lacerated their case very dubious if not desperate and their service so hot so difficult that it requires the Conduct of the most experienced Commanders to bring them off with safety Certainly if they doe it not the Election of some few unable Members and preterition of others of greater abilities in this juncture of time of affaires of highest concernment may ruin us and our Posterities for ever The consideration therefore of these recited mischiefes should and will no doubt enduce the Parliament to remove all such Infants and illegall Members as well as Malignants and Monopolists out of the Commons house or Prelates and Popish Peeres out of the house of Lords Seventhy It is mischievous even in this regard that it is an extraordinary dishonour to our whole Parliament and Nation to suffer Infants to sit as Judges Councellors in the supreamest Judicature and Councell of our three Kingdoms which gives Lawes to England Ireland all the Kings Dominions except Scotland on which it hath a great influence to by reason of the mutuall brotherly League betweene both Nations especially in such a time of Reformation Consultation Circumspection and action as this is What think you will foraign Nations report of our Parliament our Nation if they shall heare of Infants Wards Minors sitting yea Voting as Members as Judges among our Knights Citizens Burgesses now the greatest matters ever debated in any Parliament are in agitation will they not say our Kingdome is either voyd of wise experienced Senators that we Elect such Novices or that all our wise ancient men or our electors are turned Children Naturalls in making such a choyce and our Parliament very neglectfull of their owne honour in petmitting such Associats to sit among them in case the Kingdome can afford them others of more Antiquity Ability and experience To prevent therefore this dishonour abroad and the scoffs of Royalists and Malignants at home who jeare us with these Childish Infant Members as well as with our Independent Women-preachers I make no doubt but the House of Commons will unanimously resolve their Elections void in Law and their Electors worthy publike censure for putting such a dishonour both on our Parliament and Nation and enjoyne them hereafter to make better choyces under paine of forfeiting their right of Election 4ly For presidents in forraigne States I could produce many I shall instance only in some few of chiefest note which will beare most sway and in one domestike printed Authority First I shall begin with Scripture Presidents the best of any We read that when God would have Moses to make choice of a Parliament or Senate to assist him in the Government he gave him this direction concerning the quality of the persons to be elected to that publike Senate Num. 11. 16 And the Lord said unto Moses gather unto me seventy men of THE ELDERS of Israell whom thou knowest to be THE ELDERS of the people and Officers over them c. and they shall beare the burthen of the people with thee that thou beare it not alone which he accordingly performed v. 24. 25. whence they are stiled the SEVENTIE ELDERS of the people both in respect of their age and dignity Hence the great Councell Senate Sanhadrim of the Jews resembling our Parliament is stiled The Assembly of the ELDERS Ps. 107. 52. The ELDERS of Israel l both in the Old and New Testament and oft times the ANCIENTS of the people as Isay 3. 4. Jer. 19. 1. in respect of their age and gravity none being admitted into their Senate Parliament or Councell of State but ancient men Hence we finde Isay 3. 2. 3. 4. 12. 14. The prudent the Ancient man and the COVNCELLOR coupled together and that in opposition to Children and Babes whose ruling over the people is threatned by God as the s●arest Judgment of any Hence is that expression of the Prophet Eze. 7. 26. COVNCELL shall perish from t●e ANCIENT because none but such were Councellors in the Jewish State with that of David Psal. 119. 100. I understand more then the ANCIENTS and that of Iob. ●c 12. 12. With the ANCIENT is Wisdome and in length of dayes understanding Hereupon Solomons and Rehoboams Councellors of State with whom he first advised what answer to returne unto the people when they came to make him King are expresly termed m OLD MEN who gave him very savory Councell had he followed it which he forsaking and following the Councell of his young Courtiers lost both his peoples affections and his Kingdome too over ten of the Tribes who set up another King If then you will follow Scripture presidents no Infants under age or Children but Elders Ancients of the people for yeares wisdome and experience ought

MINORS NO SENATORS Or A Briefe Discourse proving That INFANTS under the Age of 21. yeares are uncapable in point of Law of being Members of Parliament and that the Elections of any such are meere Nullities Yea injurious prejuditiall dishonourable to the whole Parliament and Kingdome in sundry respects Written by a Common-Lawyer a true lover of his Country and Honourer of the Parliament to a Friend and Client of his for his private satisfaction and published for the Common-good Job 12. 12 12. With the ancient is wisdom and in length of days is understanding With him is wisdome and strength he hath Councell and understanding Galath. 4. 1 2. Now I say the Heire as long as hee is a Child differeth nothing from a servant though he be Lord of all but is under Tutors and Governours untill the time appointed of the Father Isay 3. 1. 2 3 4. For behold the Lord of Hosts doth take away from Jerusalem the stay and the Staffe the prudent man and the Ancient the Honourable man and the Councellor and the Eloquent Orator And I will give Children to be their Princes and Babes shall rule over them And the People shall be oppressed every one by another c. 1 Cor. 13. 11. VVhen I was a Child I spake as a Child I understood as a Child I thought or reasoned as a Child but when I became a man I put away Childish things Chrysostom Hom. 4. in 1 Cor. cap. 1. Non ferunt Pueri ut de ulla re utili curam gerant sape autem cum nos loquamur de rebus necessarijs eorum quae dicuntur nihil sentiunt Printed at London Anno 1646. Minors no Senators OR A Briefe Discourse against the Election Admission and Permission of any INFANTS under the Age of 21. Yeares to be Members of PARLIAMENT SIR WHereas you have requested me to deliver my opinion in point of Law concerning this question now in controversie Whether an Infant under the age of one and twenty ye●●es be Capable of being a Member of Parliament And whether his Election be not meerly voyd in Law I conceive the finall resolution of this Quere belongs only to the Houses of Parliament a The proper Iudges of their own respective Priviledges Members and of the Legallity or Nullity of their Election● Yet notwithstanding since every Lawyer may without breach of Priviledge of either house declare what hee believes the Law to bee in any disputable point that concernes Elections or Members the Committee of Priviledges in all Parliaments admitting Lawyers some of the most necessary usefull active able Members in a Parliament whatsoever some * Ignoramusses have lately scribled to the contrary as experience manifests to debate all questions concerning Elections of Members before them by the rules of Law and right reason and that Committee with the whole House of Commons alwayes Voting Elections good or bad by these very Rules I have adventured without any scruple freely and impartially to deliver my Judgement touching the propounded Quere with all humble submission to the Parliament the proper Judge thereof and the opinions of more able Lawyers then my selfe For mine own opinion in this point I am really perswaded That Infants under the Age of twenty one yeares which the b Law resolves to be their full age when they come to full discretion are altogether uncapable of being Members of the Commons House and that the Elections of such Members are meere Nullities in Law The reasons swaying mee to this opinion are various weighty and I thinke unanswerable I shall reduce them to these foure heads 1. Reasons extracted out of the very bowells of the Writ it selfe for the Electing of Knights Citizens and Burgesses 2. Reasons taken from the very Nature of the High Court of Parliament both as it is the highest Court of Justice and greatest Councell of the Realme and from the importance of the publike affaires therein transacted 3. Reasons from the inconveniencies that may arise from admitting Infants competent Members of this supreame Court and Councell 4. Reasons from Presidents of Forraign Senates Parliaments Councels appliable to our owne great Councell and one expresse printed authority First the writ it selfe for electing Knights and Burgesses which is very ancient approved by all Par●iaments and c unalterable but by Parliament furnisheth me with three Arguments against the Election of Infants and their incapability of being Members of Parliament The first of them is couched in this clause comprizing the subject matter for which Parliaments are summoned to treat and consult about to wit d De quibusdam arduis urgentibus negotijs Statum Defensionem Regni Ang●●a Ecclesiae Anglicanae concernentibus And Infants certainly are uncapab●e for want of Judgment experience wisdome Learning to debate and determine such arduous urgent grand affaires concerning the safety the defence both of the Rea●me and Church of England since in Judgment of Law they are uncapable to mannage their owne private Estates as I shall more ful●y prove herea●ter Therefore not capable to be elected Members of this supreamest Councell of the Realme The 2d is more transparent and positively expressed in these ensuing words of the Writ which thus describe the quality of the persons to be elected e Elogi facias duos Milites gladijs ●inctos MAGIS IDONEOS ET DISCRETOS de qualibet Civitate Com. praedict. duos Cives de quolibet Burgo Duos Burgenses DE DISCRETIORIBUS ET MAGIS SVEFICIENTIBUS Eleg● facias In relation to which clause of the writ the Sheriffes and Majors use to make this forme of Returne Virtute ●stius Brevis feci cleg● duos Milites MAGIS IDONEOS ET DISCRETOS c F●ci etiam Praeceptum virtute hu●us Brevis quod de eodem Burg● Elegi facerent duos Burgenses DE DISCRETJOR BUS ET MAGIS SVFFIENTI●VS c. Now I would demand of any rationall man Elector or Member of Parliament whether he believes in his conscience that in the judgement of common reason Law the compilers or issuers of this Writ for Elections Infants who hav● f not arrived at the yeares of full of ordinary discretion and are so indiscreet in judgement of Law that they are uncapable to manage or dispose of their owne private estates and therefore are in ward to others can possibly be deemed THE MOST FIT AND DISCREET MEN to be e●ected Knights in any County OR THE MORE DISCREET AND SVFFICIENT PERSONS that can be culled out to serve as Citizens and Burgesses for any City or Burrough Certainly they are so far from being the most discreet persons that the g Law and Gospel to resolves they are within the years of perfect discretion the most indiscreet of all others not able to dispose of their own private estates yea so far from being the most sit persons to be Judges or councellors in this supreame Court that they can neither be Stewards Judges Attorneys nor

Officers in any Court of Law or justice so far from being the most sufficient men to wit for wisdome skill experience judgement the sufficiency here intended that they are the most insufficient of any nnlesse all the whole County City or Borough which elected them be Fooles Children or more indiscreet then those very Infants they chuse to serve in Parliament as most discreet and sufficient persons There is yet a third clause in the Writ discribing what persons must be elected Knights Citizens and Burgesses of Parliament even such only Qui plaenam sufficientem Potestatem PRO SE ET COMMVNITATE Civitatum Burgorum pradict AD FACIEDVM ET CONSE●T I●NDVM HIS quae tunc ibidem de communi consilio dicti Regni nostri super negotijs ante dictis contigerint ordinari Ita quod pro defecta potestatis hujusmodi seu propter improvidam electionem Civium ac Burgensium pradictorum dicta N●gocia infecta non remaneant quovismodo Now are Wards or Infants under the age of 21. years such persons as these Have they or can they have any full and sufficient power for themselves or for the Communaltie of the Counties Citties or Burroughs for which they serve to do and consent to those things concerning the arduous and weighty affaires of the Church and state of England which shall be ordained by common consent in Parliament doubtles not Our common Law resolves h that Infants have no full power to do or consent to any thing for themselves If they Levy a Fine acknowledge a statute or recognisance which are matters of record they may avoyd them by a Writ of i Error or an Audita Quarla by the Common-Law during their Minorities Their feofments Gra●ts Releases are all either void or voidable as will at their full age as before and that not only by themselves but their heirs to by entrie or a writ of k Dum fuit infra aetatem yea their assents are meerly void in Law not binding themselves as our Law-books resolve Vpon which very reason M. 11. E. 3. Assise 87. It was resolved that if one enter upon the freehold of an Infant with his assent this is a disseisin because an Infant cannot consent to an entry And if he cannot consent fully for himselfe much lesse for others being unable to be an l Attorney or Proxy to assent for others in any Court of Iustice much more then in a Parliament the supreamest Court Therefore for defect of such a power and by reason of such an improvident Election of Infant-Citizens and Burgesses the affaires of the Realme must needs remain altogether or in a great measure unfinisht contrary to the purport of the Writ of Election And so in all these respects such Infants Elections must needs be meerly void in Law My second sort of reasons shall be drawn from the nature of the High Court of Parliament it selfe as it is the supremest Court of Iustice the greatest Councell of the Kingdom and from the consideration of the great publike affaires therein debated transacted resolved settled First the high Court of Parliament is the m most absolute and supreame Court of Justice in the Realme wherein the Judgements proceedings of all other Courts Civill Ecclesiasticall or Marine are examined finally determined confirmed or revoked without any further Appeale if then an Infant be uncapable of being a Judge either of matters of fact or Law in any iuferiour Court of Justice much more then in this supreame Soveraigne Court which control's all others Master Lit●leton in his Chapter of Parceners Sect. 259. and Sir Edward Cooke in his Institutes on it f. 155. 172. 175. resolve That an infant before the age of 21. cannot be a n Bayliffe nor Receiver for want of skill and ability in intendment of Law to make any improvement or profit of lands or goods nor yet sworne at all in any Inquest as a Juror The reason is because o Jurors are Judges of all matters of f●ct which Infants have no competent knowledge experience or Judgement in eye of law to determin or Judge a right of any matters comming juditially before them therefore are not such legales homines as the Venire requires M. 40. 41. Eliz. B. Rs. in a case betweene Scambler and Walkers reported in Sir Edward Cookes Institutes on Littleton fol. 3. B. it was resolved That an Infant is altogether uncapable of a Stewardship of a manner in possession or reversion or of any Office which concerns the administration or execution of Iustice or the Kings Revenew or the Common wealth or the interest benefit or safety of the Subject because the Law intends hee wants both skill and judgement juditially to mannage either of them If then an Infant be utterly uncapable of being a Judge Officer or Executioner of Justice in a Court Baron Leet or in any the most inferiour Courts or of being a Justice of Peace Major Bayliffe Sheriffe Auditor p or but an ordinary Attorney and the like where the meanest businesses between man and man are transacted much more is he uncapable of being a Judge in Parliament the suprem●st Court of Justice where the most difficult businesses the most weightie publike causes are q finally examined debated iudged without any further appeale the very judgments of the greatest learnedest Judges re-examined and oft-times reversed the very lives liberties estates of all the Subjects yea the Prerogatives Rights Revenues of the Crowne it selfe judicially determined to the Kingdomes Weale or woe Upon this very ground in the House of Peeres The King is not bound of Right to send forth his Writ of Summons to any Peere that is under Age neither doth he use to Summon such to sit as Iudges in that house though Peere by Birth But when any Peere is of all age then he ought to have a Writ of summons Ex debito justitiae not before as Sir Edward Cook informes us in his 4. Institutes fol. 19. and 41. Nay if the King himselfe be an Infant as King Henry the 3d. Rich. the 2d Hen. 5. Hen. 6. Edward 5. 6. and some others of our Kings were the r Parliament hath in such cases usually created a L. Protector over him in nature of a Guardian to supply his place in Parliament to give his Royall assent to Bills and execute that Royall Authority which himselfe by reason of his Infancy is unable to discharge That of ſ Liuy concerning Ierom the Infant K. of Syra●use who had his Protectors being true Nomen Regium penes puerum Regem regimen rerum omnium penes Tutores If then our Peeres themselves during their Minorities are thus uncapable of being Judges in the House of Peeres where they represent their own persons only and our Kings too in some respects then much more are other Infants uncapable of being Members of the House of Commons where they t represent whole Counties Cities Burroughs yea the Commons

of all England and Vote and judge in their behalfe Secondly As the Parliament is the Supreame Court so the u Greatest Councell of the Kingdome Hence it is usually stiled in our Ancient Writers especially before the Conquest x Concilium SAPIENTUM ore SAPIENTUM POPULI Concilium SENATORUM SENIORUM NATU MAJORUM ALDERMANNORUM c. and are Infants such The Members of it representing the House of Commons are commonly called Sapientes Sapientissimi viri Senatores Seniores populi ●rudentissimi viri Authoritate Scientia pollentes Conspic●i clarique Viri and are Infants such Or can they be stiled such If not then certainly they are no fit Members of such a Councell neither were they so reputed informer ages why then should they be deemed fit Members now when greater weightier businesses of all sorts concerning Church and State are imagitation then in any former age whatsoever or all our Parliaments put together Nay why should they bee deemed meete Members to sit and Vote in this greatest Councell of the Realme at this time who are not thought fit persons to bee admitted in any our most inferiour Councells authorized either by Law or custom at any time Who ever heard or saw an Infant elected a Common-Councell man in any of our Cities Corporations Fraternities Guiles much lesse a Major Alderman Master or Warden in any of them Did ever any of our Kings make choice of Infants for their Priv●e Councellours of State for their Councell of Warre Law Physicke Or were ever any such elected to be Members of any Convocation Synod Councell our x present Laws and Ancient Canons prescribe that no man shall bee made a Minister before the age of 24. yeares much lesse then can bee a Member of any Synod or Convocation before that age And shall Infants then bee capable of being Members of the supream Councell of Parliament before the age of 2● wherein all Acts Canons made in Synods or Convocations must be x ratified before they becom obligatory Certainly this would be a great solecisme disparity absurdity Every Senater and Member of the greatest Councell of the Realme as z Polititians and others resolve ought to be endued with these severall qualifications to discharge that place which Infants commonly want 1. With deepe solid wisdome and gravity 2. Sound judgement 3. Grand experience 4. Impartiall Justice 5. Inflexible undaunted courage and resolution not to be overcome with flattery or threats 6. A prudent foresight to prevent all gro●ing mischiefes 7. A competent measure of Learning and skill especially in the lawes constitutions and Histories of his owne and other States and in State affaires Now what Infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting Member for so great so publike a Councell as the Parliament to which none are to bee admitted but such who are qualified in some good measure for it Thirdly The matters to be debated and transacted in Parliament will easily resolve that they are too ●igh weightie difficult for Infants to debate order as determine aright As namely a First All matters touching the King his Prerogative Crown Revenewes Secondly All matters concerning the State of the Kingdomes of England and Ireland as well in times of Warre as Peace Thirdly All affaires which concerne the defence of the Kingdom by Sea or Land Fourthly The preservation Reformation of the Church Government disciplin of the Church of Engl. and true Religion established therein Fifthly The enacting of new Laws with the amendment or repeale of old ones Sixthly All matters concerning the Courts Officers and administration of Justice Seventhly All things concerning trade commerce the severall arts and professions of all sorts of men Eighthly Crimes grievances oppressions of all sorts Ninthly The liberties properties estates lives limbes of all the people Tenthly The Priviledges of this high Court and of the Members therof Alas what Infant yea what ancient experienced States man almost is sufficient for all these things of moment Yea if we look only upon the great arduous Ecclesiasticall Civill Millitary affaires wherein this Parliament hath spent above five yeares deliberation and debate we shall finde them so intricate difficult ponderous dangerous arduous and transcendent as I am confident all that know them will conclude they transcend the capacity of any Infants to understand much more to debate determine resolve settle in a ●ight and stable way for our Churches Kingdoms future preservation And shall we make or suffer Infants to be Members of this greatest Councell of the Realme to settle determine such difficult weighty things as these which their capacities skill abilities are unable to comprehend much lesse to resolve regulate settle Verily if we should do this I feare the whole Kingdome and Christian world would censure and condemne us as Children for it Finally our b Parliaments themselves have in all ages provided and taken speciall care of Infants educations persons estates enjoyning their Gardians others to take the care and custody of them during their minority and exempting them out of sundry Acts in cases of Lackes Nonclaime fines as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires A direct Parliamentary judgment and resolution in all ages that they are much more uncapable to order settle manage the greatest affaires of the Church State in the supreamest Court and Councell of the Realme 3ly The reasons drawne from the inconveniencies and mischiefs of admitting Infants to be Members are many First it is of one of the saddest judgments God threatens to his people That he will give them Children to be their Princes and Babes to rule over them Isa 3. 4. Eccles. 10. 16. and then what followes The people shall be oppressed every one by another and every one by his Neighbour the Child shal behave himselfe proudly against the ancient and the base against the Honourable Children are their oppressors and women rule over them O my people those that load thee cause the to erre and destroy the way of thy Paths Isay 3. 5. 12. Therefore it must needs be mischeivous and an heavy judgment to have Children and Babes in Law Members of our Parliaments which should be a Councell of the sagest discreetest Senators and Elders of our Realme 2ly It is of very dangerous consequence for Infants to be admitted Members especially in these times of greatest consultation action danger and reformation For first if any one Infant may de jure be a Member of Parliament then by consequence a second third so in infinitum till the House be filled with such for surety if one Infant be capable of being a Member then another as well as hee And if an Infant of twenty yeares then of ten twelve or lesse by like reason since if you once break the Rules of Law you can set no bounds to

any number or age of Infants and so by consequence instead of having Concilium Sapientum Senatus Seniorum c. as Parliaments were ancient●y stiled we shall have Parliamentum Puororum Senatus Infantum a Parliament of Children a Senat of Babes if all Cities Burgesses were so Childish so foolish and injurious to the publike in their elections of such as som through the importunity of friends have bin Now how dangerous this may prove to the Kingdom let all wise men judge by the example of King c Rehoboams young Counsellors who discontented his people and lost his Kingdom 3ly Admit the Commons House should determine how many Infants they would allow to be Members perhaps not above five or six to prevent this inconvenience yet the mischiefe and danger of admitting so few may prove very great not only in regard of the illnesse of the President in these signall times of Reformation but of the probable dangerous consequences of it It was a prudent speech of a blunt Burgesle when he was solicited to give his voyce for a young novice This is no Parliament to enter whelps in therefore we must think of som graver person Verily there are so many weighty difficult debates almost every day in the House of matters of highest concernment wherein the House is oft divided in their Votes that two or three Infants misguided voyces for want of judgment to vote a right may infinitly prejudice endanger our three whole Churches Kingdomes in a moment especially if the wheele of fortune should turne against the Parliament by any treachery or disaster Therefore it is very perilous to admit any Infants to sit as Members in such a dangerous over-reaching age as this 4ly It is inevitably perillous and mischeivous as d Bodin truly informat us upon this consideration That the Councell of young men especially of Infants though never so wise vertuous and discreet will never be so readily entertained nor their Commands Advices Ordinances Laws so chearefully submitted to by the people young or old as the Councells Edicts Votes of grave wise and ancient men but be either slighted vilified or disobeyed For those writes he of equall age will think themselves altogether as wise at they and those who are ancienter will deeme themselves much wiser then such young Councellors of state and thereupon scorne contemne deride their Votes Ordinances Resolutions especially when any new Lawes or formes of Government are to be introduced by them and the old laid quite aside as now And in matters of state if in any thing in the world opinion hath no lesse and oftentimes more force then the truth it selfe Neither is there any thing in a Commonweale more dangerous then for Subjects to have an ill opinion of their Councellers Governours Law-makers for then how shall they obey them and if they obey them not what issue is to be expected surely disobedience sedition Rebellion ruine It behoves therefore our present Parliament if they would prevent this dangerous mischiefe to expell all Infant as well as Malignant Members which may draw a very great disparagment contempt or disesteem upon their Councels Votes Ordinances Laws not only in the opinions of Royalists and Malignants but of grave wise well affected persons of Eminency and Ability who perchance will tacitly deem it no small disparagement if not injury and folly for them to submit their Lives Liberties Estates Lawes and consciences in some measure to the votes Resolutions and Commands of Infants under age though backed with the most mature suffrages Advices of many aged wise and eminent Members of greatest integrity and sufficiency It is a memorable observation of Solomon Eccles. 10. 1. Dead flies cause the oyntment of the Apothecary to send forth a stinking savour so doth a little folly him that it in reputation for Wisdome and honour And no man knowes what an evill savour o● contempt disobedience disrespect the apprehention of a little folly in some Infant Members may draw upon the whole Parliament their Ordinances and proceedings though otherwise in great reputation for wisdome and honour e Cicero defined the Roman Sonate to bee the Oracle of the whole City And ●liny resolves f It is a wicked Act to goe against the Authority of the Senate It therefore behooves all Freeholders Citizens and Burgesses of the Realme to take speciall care that they elect not and the Honourable Houses that they admit not any unfit Members whose illegall presence or Votes therein may derogate in the peoples Opinions from their incomparable wisdome or irresistable Authority Fifthly It is mischievous in this that as it opens the mouthes of Royalists Papists Malignants Sectaries and the Prelaticall party to Revile Calumniate censure vilifie not only the new Recruits Votes Ordinances Proceedings of the Commons House for the present so if they should get power enough hereafter which God forbid it may give them occasion to undoe unvote repeale yea nullifie all their Acts Ordinances proceedings for the future because some Infants uncapable by Law of being Members or of consenting for themselves or others had a Vote and Concurrence in their passing whose Acts Votes Consents are either voyd or voydable by Law Certainly when I read the printed Act of 39. H. 6. cap. 1. Which repeales and makes void the Parliament held at Coventry the yeare before and all Acts Statutes and Ordinances therein made upon this very ground among other that a great part of the Knights Citizens and Burgesses appearing in it were unduly Elected against the course of the Kings Lawes and the Liberties of the Commons of this Realme by the meanes and labours of some seditions persons And when I consider that our unconstant persidious King Henry the 3d. nulled and avoyded for a time g the great Charter of the Forrest though confirmed in Parliament upon this pretext that he was a Minor under the Age of 21. when he first granted it and in Ward c. And when I revolve the Statutes of 28. H. 8. c. 7. 1. Edw. 6. c. 11. which authorized the heires of the Crowne to King Henry the 8. and King Edw. the 6. even out of Parliament to repeale all Acts and Statutes made and assented to by them in Parliament before their age of 24. years after they came to the Age of 24. years And when I consider upon what other h slight pretences some former Parliaments and their Acts have bin totally nulled It makes me tremble and feare what future ages may attempt against the proceedings of our present Parliament if the Malignant Royall party should grow potent upon the like pretences especially of undue Elections of Infants and others now complained of unlesse the Parliament take timely care to redresse them and severely prohibit censure all undue underhand practises in new Elections of which we have so many sad complaints in diverse parts The prevention therefore of this grand future mischiefe will undoubtedly move them to apply a present remedy

to be Members of our supreame Councell especially in such a time as this The 2. president I shall instance in is the Roman Senate who admitted none into their Senate as Members of it but those who were 24. yeares old at least as the n marginall Authors testifie their Senators being ●tate graves spectataeque probita is The 3d president is the o Laced●monian Senate which consisted of 32. ancient men into which none were admitted unlesse they were above sixtie yeares old The 4th the p Bythinians who admitted no man into their Senate unlesse he were thirty yeares old at least The 5th the q Athenians who permitted none but those who were fiftie yeares old to consult of that which should be good profitable to the Commonweal● The 6th is that of Solon who forbad any young man to be admitted into the Senate seemed he never so wise Lycurgus before him having composed the Senate of the elder sort In few words ſ Iohn Bodin informes us that the Greeks and Latines composed their Senate of Seniors or aged men as being the wisermen and men of greatest experience And that not only the Greeks and Latines have given this prerogative unto the aged to give Councell unto the Common weale but also the Aegyptians Persians and Hebrewes who taught other people well and wisely to govern their estates for that by presumption the Elders are wiser of better understanding of more experience and fitter to give Councell then the younger sort Neither do I finde that ever any forraigne Kingdome State admitted Infant Members into their Senate Parliament Councell they deeming it altogether injurious and absurd Therefore there is no reason why our Parliament and great Senat should admit of any such Infant Members among them I shall conclude with the opinion and resolution of reverend and learned Sir Edward Cook the oldest and best experienced Parliament man in this age who in his 4. Institutes printed by Authority of Parliament Ch. 1. f. 46. 47. under this Title Who be eligable to be a Knight Citizen or Burgesse of Parliament resolves thus One under the age of 21. years IS NOT ELIGIBLE neither can any Lord of Parliament sit there untill he be of the full age of 21. years A punctual Resolution in direct termes Having thus given you a briefe Account of the reasons of mine Opinion concerning the Question propounded I shall in the next place returne a short Answer to some Objections and so conclude The 1. Objection is this That the Election of Knights Citizens Burgesses and Members of Parliament belongs to the Freeholders Citizens Burgesses and Freemen who elect them if they therefore shall make choice of any Infants as the fittest or ablest persons to serve for them in Parliament their Election must stand good otherwise they shall be deprived of the liberty and priviledge of a free Election To this I Answer 1. That no Freeholders Citizens or Burgesses have any absolute power to elect what Members they please but only such as are most fit able discreet and such as the Laws and Statutes of the Realme approve They t cannot elect a sheriffe a Minister a man beyond the Seas a Iudge or attendant in the Lords house to be Knight of any County because it is contrary to Law expresse statuts and the VVrit it selfe and if they make choice of any such the House may adjudge the Election void and put them to a better election of sitting Members They cannot elect these or Peere of the Realme an Idiot a Non Compos Alien Woman c. to be a Citizen or Burgesse of Parliament and if they do so the election is void because the persons are uncapable Therefore by the selfesame reason they cannot elect an Infant Where a person is uncapable by Law the Electors cannot make him capable of being a Member 2ly The House of Commons not the Electors are the sole Judges of the Fitnes the capability of the persons elected and if any Counties Cities Burroughs be so indiscreet and injurious to the Kingdome as to elect unworthy Members contrary to the Writ and their duty the house may justly cast them out againe notwithstanding the Election which concludes them not This the presidents of former Parliaments in expeling unworthy unsitting Members together with the practise of this sitting Parliament in ejecting all Monopolists Projectors at the first and all Malignant Members since who deserted or betrayed their trust abundantly manifests Therefore by the selfesame reason they may and ought to expell Infants the House as unfitting and illegall Members as well as Projectors Monopolists and Malignants as unworthy ones 3ly I dare confideutly affirme that no Cittie or Borough did ever freely of their owne accords make choice of any VVard or Infant to serve in Parliament for them as the ablest or fittest of any other to do themselves and the Kingdome service in Parliament or as the sufficientest ablest and discreetest persons according as the writ directs them but meerely through the over-earnest solicitation threats or over-rulling power of the Infants friends to whom they stood engaged for favours or durst not offend least they should turne their foes not out of meere publike respects which all electors in justice and prudence should only aime at Therefore it is altogether unreasonable that the election of Infants grounded meerly on such base privat respects as these should defraud the Parliament and whole Kingdome of the choice of abler Members since u every Member elected for any particular Borough when once admitted Votes and serves not only for it but for the whole Kingdome too to whom those who make unworthy elections for private ends or Interests do most apparent wrong which the House hath power to right else we might have our Parliament stuffed with Infants Malignants c. if people be so foolish to Elect them in all places as they have beene insome The 2d Objection is this That some Infants under the age of 21. have bin permitted to sit as Members in former Parliaments Therefore by like reason they may be admitted in this upon our new Elections I Answer First that no Infant ought * de jure to sit in any Parliament as I have manifested therefore not in this 2ly None ever sate in former Parliaments of right but only by connivance when either the House took no notice of them or their Elections were not questioned or if questioned as they have sundry times bin not ejected the busines hath bin comprimised without comming to any solemne debate resolution in the House 3ly The connivance of former Parliaments in this kinde is no president to over-rule or bind our present Parliament for these ensuing respects ● because there are more weighty difficult affaires concerning our Church State and three whole Kingdoms to be consulted upon debated and settled in this Parliament then in any yea all the Parliaments of former ages united 2ly