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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	lord_n	parliament_n	time_n	3,250	5	3.6307	3	true

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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

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

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

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

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