Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	burgess_n	king_n	knight_n	3,853	5	7.2952	4	false

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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

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

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

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

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

from being Members of the House of Peers should likewise d●barre them from being Members in the Commons House into which if any Infants should be admitted out of favour it must be only a● Auditors not Members as Infant Lords and Noble men are admitted into the House of Lords the rather because they are no Knight● or Burgesses by birth as Noble men are Peeres but only by undue Elections voyd in Law To close up all I hartily wish our honourable Parliament to prevent all future sinister undue Elections of which we heare so many just complain ● of late to the shame of those who ●ccasion them would caus● this 〈◊〉 Statut● concerning Elections to be duly executed 〈◊〉 The Statute of 3. ●●● 1. c. 5. which runs the * And because Elections ought to be free the King commandeth upon great forfeiture that no great man nor other by force of A●mes or menacing shall disturb any free Election to be made ●ith this ●●st excellent Law concerning the Election of Justices other inferior Offic●rs to be strictly observed in point of Parliamentary elections both in reference to the Electors and persons Elected to wit 12. R. 2. c. 2. It is accorded that the Chancellor Treasurer Keeper of the Privy-Seale Steward of the Kings House the Kings Chamberlaine Clerk of the Rolls the Justices of the one Bench and of the other Barons of the Eschequer and all other that shall be called to 〈◊〉 name or make Iustices of Peace Sheriffs● Escheators Customers Controlers or any other Officer or Minister of the King shall firmly sweare that they shall not ordaine nam● or make Iustice of Peace Sheriffe c. for any gift brocage favour affection nor that none which pursueth by him or by other privily or openly to be in any manner office s●all be put in the same Office or in any other but that they make all such Officers and Ministers OF THE BEST AND MOST LAWFVLL MEN AND SVFFICIENT to their estimation and knowledge These two Lawes alone if revived and applyed to the Elections of Knights Citizens and Burgesses of Parliament with severe censures on the Infringer of them as they would save that Vb●q●itary pertu●●er of Solicitor and stickler at most of our late Elections Mr. Hugh Peter a great deale of unnessary un●itting paines solicitation and abuse of the Pulpit to the peoples great disgust for his owne private luchre advaucing the designes of his party so it would certainly prevent al undue Elections of Infants and unworthy Members ●ll the House with the ablest lawfullest * most sufficient men according to the purport of the writ for Elections of Knights and Burgesses who ought to be freely chosen by the Electors g si●● prece 〈◊〉 precio fine pr●●cepto without S ●●brocage o●overa●ng commands without solicitation or supplantation which now to many practise to their Infamy Thus I have given you a briefe accompt of min● opinion touching the propounded Question together with the reasons swaying mee thereunto If your selfe or others reape any satisfaction from it for the publike good it is the only Fee I expect in this Common Cause that concerns not your selfe alone but the whole Kingdome which suffers more mischiefe dishonour prejudice by unworthy Elections then any privat Competitors justly greived by them I shall close up all with that of Solomon Eccles. 11. 10. Childhood and Youth are vanity I am sure they are so in our Parliaments where they should have no place if he divine ●right who desires to approve himselfe upon this and all other good occasions Febr. 12 1645. Your most affection Friend and Servant W. P. FINIS a Cookes 4. Institutes p. 15 to 20. * Englands Birth-right Advertisments for the Election of Burgesses confuted by Master Cooke b Littleton sect. 103. 104. 110. 259. and Cookes Institutes Ibidem Glanu l. 7. c. 3 Ploudens com f. 267. See Brook's Abridment Fitz. Tit. Cover●●re Enfant No●hability c Cookes 4. I●stit p. 10. 4● 7 H. 4. c. 15. 8. H. 6. c. 7. d Cromptons Iurisdictions of Courts f. 2. 3. Cooks Instit on Lit. f. 110. his 4th Institute p. ● e Crompton and Cook qu● d Dyer fol. 60. a●el est intend des ●outs homes queils sont les plus Sages et discreet persons Deins le Realme f Littleton sect. 103. 104. 110. 269. g Cooks Institut on Littletons 3. 1 Cor. 13. 11. h Littleton Sect. 259. Fitz. Abridg. Tit. Enfant Brook Tit. coverture i 21. E. 3. 24. 22. H. 6. 31. ● 2. R. 3. 1. ● 20. 18. ●d 4. 13. Fitz. N. Br. f. 21. D. Cook 2. Rep. 57. 18. E. 3. 29 Audita Querela 26. 27. 35. k Littleton Sect. 406. 4●6 Brook Dum fuit infra aetatem l 1. H. 5. 6. Fitz. ●●●ant 3 21. E. 4. 18. m Cooke 4. Instit. ● 1. n Se 13. E. 3 Enfant 9. 1 E. 2. Account 121. 21. E. 3. 8 10. H. 4. 14. 2. H. 4. 13. 26 E. 3. 63. b. 27. E. 3. 77. a. 29. E. 3. 5. a. o Cookes Instit. on Littl. f. ●55 See Kitching 41 p In H. 5. 6. Fitz Enf. 3. 21 ● 418. Br. coverture 55. q See the Soveraigne Power of Parliaments part 1 p. 34 39 46. Sir Thomas Smith his Common Wealth of England l. 2. cap. 1. 2. Cooks 4. Institut ● 1. r See the Soveraigne power of Parliaments part 1. p. 50 51. part 2. p. 56. 57 65 67 71 ſ Rom Hist. l. 24. sect. 4. p. 517. t Cookes 4. Institut cap. 1. u Cookes 4. Institut cap. 1. x Beda Eccl. Hist l. 3. c. 5. 12 13 14. Hen Hunting Hist. l. 3. 5. Matth. west An. 905. Wil. Malmes de Gest: Pont. Angl. l. 2. c. 13. Houed p. 427 Flor wigo●niensis An. 977. Antiqu. Eccl Bri● p. 19 20. 59. 60. Lam. Archaion Seldens Titles of Hon. p. 63● Cooks 4. Insti. p. 2. Spelman concil p. 182. 183. 219. 293. 300. 301. 334. 335. 375. 387. 390. 408. 419. 424. 494. 510 513. 534. 559. 552. 566. x 19. H. 6. 13. Issue 67. 13. Eliz. c. 12. y See Truth triumphing over Falshood c. z Bodins Common-Weale l. 3. c. 1. Cookes 4. Institutes cap. 1. a See Cooks 4. Instit. c. 1. Beam l. 3 c. 1. Sir Th. Smiths Common-Wealth of England l. 2. cap. 1. 2. Vowels Order and Vsage how to keep a Parliament Cambd●ns Brit. pag. 173. The Soveraign power of Parliaments and Kingdoms b 9. H. 3. c. 20. H. 3. c. 6. 7 52. H. 3. c. 17 3. E. 1. c. 21. 13 E. 1. c. 34. 15. 16. 14. E. 3. c. 13. 18. E. 1. of fines 1. R. 3. c. 7. 4. H. 7. 124. 21. Ian. c 16. See Ashes Tables Enfant 33. 32. H. 8. E. 2. c 2. Chron. 10 NOTE d Common-weale l. 3. p. ●55 e Se●at●● t●tius Or●●●lum Civitati● De Oratore lib. 2. f Nef●s est adversus auctritatum Senatus tendere Rom. Hist. l. 5. g Matthew Paris Anno 226. p. 324. 325. ●●niells Hist. p. 151. 152 h See 15. E. 3. Stat. 2. 11. 21. R. 2. cap. 12. 1. H c. 2. 3. 4. 31. H. 6. cap. 1. 17. E. 4. cap. 7. i 3. E. 3. 19 Cookes 4. Institutes p. 15. ●● 20. 38 39. Fitz C●●●n● 16● k C. 8. Rep 66 c. 3. E. 3. Fitz Enfant 14. 14. Ass 17 43. Ass 45. 17 E. 3. 75. Fitz Dammages 127. Imprisonment 8. ●0 16 17. l Deutr. 27. 1 c. 29. 10. c. 31. 9 28. Judg. 21. 16. 2 Sam. 3. 17. c. 5. 3. c. 17 4. 1 Kings 8. 1. 3. c. 20. 7. 8. c. 21. 11. 2 Kings 23. 1. 1 Chron. c. 11. 3. c. 15. 25. ●● 21. 16. 2 Cron. 34. 29. Ezec. 20. 1. 3. Iob. 2. 16. Mar. 15. 1. Math. 16. 11. m 2 Chron. 10. 6. 13. 1 Kings 12. n Alexander ab Alexandrol 4. c. 10 Martinus Phileticus in Cic. l. 1. Ep. fam 1. o Alexander ab Alexand. 14 c. 11 p Alexander ab Alex. ibid. Goodwins Roman Antiquities l. 3. c. 3 q Bodins Comon-weal●● l. 3. c. 1. p. 256. ſ Common-weale l. 3. c. 1. p. 255. 256 r Bodin ibid. NOTE Object 〈◊〉 t 1. 〈◊〉 5 c. 1. ● H. 6. c. 7 Cookes 4. In●●it p. 47 u Cookes 4. Instit. p. 14. Object 2. Answer * See Cooke 9. Rep. f. 49. Object 3. Answer Object 4. Answer * See Cookes 8. Rep s 41. b. 42. Alexander abAlexand l. 3. c. 10. * See Cooks 2 Instit. p. 168 169. NOTE See Cooke 8. Report f. 41 42. 9. Rep. 4● * Cookes 4. Instit. p. 10. 2. Instit. p. 169