MINORS NO SENATORS. Or A brief Discourse, proving, That INFANTS under the Age of 21. years▪ are uncapable, in point of Law, of being Members of Parliament, and that the Elections of any such are mere Nullities; Yea, injurious, prejudicial, dishonourable to the whole Parliament and kingdom, 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 wisdom and strength, he hath council and understanding. Galath. 4. 1, 2. Now I say the heir as long as he is a Child differeth nothing from a servant, though he be Lord of all, but is under Tutors and governors, until the time appointed of the Father. isaiah 3. 1. 2, 3, 4. For behold the Lord of Hosts doth take away from Jerusalem the stay and the staff, the prudent man, and the Ancient; the Honourable man, and the councillor, 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. When I was a Child, I spoke 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 brief Discourse against the Election, Admission, and Permission of any INFANTS under the Age of 21. Years, to be Members of PARLIAMENT. SIR; WHereas you have requested me to deliver my opinion in point of Law concerning this question now in controversy. 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 merely void in Law? I conceive the final resolution of this Quere, belongs only to the Houses of Parliament, a cook's 4. Institutes, p. 15 to 20. The proper judges of their own respective privileges, Members, and of the legality or Nullity of their Election●; Yet notwithstanding since every Lawyer, may without breach of privilege of either house, declare, what he believes the Law to be in any disputable point that concerns Elections or Members; the Committee of privileges in all Parliaments, admitting Lawyers (some of the most necessary, useful, active, able Members in a Parliament, whatsoever some * England's birthright Advertisments for the Election of Burgesses, confuted by Master Cook. ignoramuses have lately scribbled, 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 always 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 than myself. For mine own opinion in this point, I am really persuaded, That Infants under the Age of twenty one years (which the b Littleton sect. 103. 104. 110. 259. and cooks Institutes, Ibidem. Glanu: l. 7. c. 3 Ploudens come: f. 267. See Brook's Abridment, & Fitz. Tit. Cover●●re, Enfant, No●hability. 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 mere Nullities in Law. The reasons swaying me to this opinion are various, weighty, and I think unanswerable, I shall reduce them to these four heads. 1. Reasons extracted out of the very bowels of the Writ itself 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 council of the realm; and from the importance of the public affairs therein transacted. 3. Reasons from the inconveniencies that may arise from admitting Infants competent Members of this supreme Court and council. 4. Reasons from precedents of foreign Senates, Parliaments, counsels appliable to our own great council, and one express printed authority. First, the writ itself for electing Knights and Burgesses (which is very ancient approved by all Par●iaments, and c cook's 4. I●stit. p. 10. 4● 7 H. 4. c. 15. 8. H. 6. c. 7. 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, comprising the subject matter for which Parliaments are summoned to treat and consult about; to wit d crompton's jurisdictions of Courts, f. 2. 3. Cook's Instit on Lit. f. 110. his 4th. Institute, p. ●. De quibusdam arduis & urgentibus negotijs Statum & Defensionem Regni Ang●●a & Ecclesiae Anglicanae concernentibus. And Infants certainly are uncapab●e (for want of judgement experience wisdom, Learning) to debate, and determine such arduous, urgent, grand affairs, concerning the safety, the defence both of the Rea●me and Church of England, since in judgement of Law, they are uncapable to manage their own private Estates, as I shall more ful●y prove herea●ter: Therefore not capable to be elected Members of this supremest council of the realm. 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 Crompton and Cook qu● Elogi facias duos Milites gladijs ●inctos, MAGIS IDONEOS ET DISCRETOS, (d) Dyer. fol. 60. a●el est intend des ●outs homes queils sont les plus Sages et discreet persons Deins le realm. & 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 sheriffs, and Majors use to make this form of return; Virtute ●stius Brevis feci cleg● duos Milites, MAGIS IDONEOS ET DISCRETOS, etc 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 rational 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 Littleton sect. 103. 104. 110. 269. not arrived at the years of full, of ordinary discretion, and are so indiscreet in judgement of Law, that they are uncapable to manage or dispose of their own 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 sufficient PERSONS; that can be culled out to serve as Citizens, and Burgesses for any City or burrow? Certainly they are so far from being the most discreet persons that the g Cooks Institut. on Littleton's. 3. 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 councillors in this supreme Court, 1 Cor. 13. 11. 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 wisdom, 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 fools, Children, or more indiscreet than those very Infants they choose 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 communitate Civitatum & Burgorum pradict: AD faciedum 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 commonalty of the Counties cities or boroughs for which they serve, to do and consent to those things concerning the arduous and weighty affairs of the Church and state of England which shall be ordained by common consent in Parliament? doubtless not▪ Our common Law resolves, h Littleton Sect. 259. Fitz. Abridg. Tit. Enfant. & Brook. Tit. coverture. that Infants have no full power to do or consent to any thing for themselves. If they Levy a Fine, acknowledge a statute, or recognizance, which are matters of record, they may avoid them by a Writ of 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. 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 entry, or a writ of k Littleton Sect. 406. 4●6. Brook Dum fuit infra aetatem. Dum fuit infra aetatem: yea, their assents are merely void in Law, not binding themselves, as our Law-books resolve. Upon which very reason M. 11. E. 3. assize: 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 himself, much less for others being unable to be an l 1. H. 5. 6. Fitz. ●●●ant. 3 21. E. 4. 18. Attorney or Proxy to assent for others in any Court of justice, much more than in a Parliament the supremest Court. Therefore for defect of such a power, and by reason of such an improvident, Election of Infant-Citizens and Burgesses, the affairs of the realm must needs remain altogether, or in a great measure unfinished, contrary to the purport of the Writ of Election; And so in all these respects, such infant's Elections must needs be merely void in Law. My second sort of reasons shall be drawn from the nature of the High Court of Parliament itself, as it is the supremest Court of justice, the greatest council of the Kingdom, and from the consideration of the great public affairs therein debated, transacted, resolved, settled. First the high Court of Parliament is the m Cook 4. Instit. ●. 1. most absolute and supreme Court of Justice in the realm, wherein the Judgements proceedings of all other Courts, civil ecclesiastical or Marine are examined finally determined, confirmed or revoked, without any further appeal: 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 than in this supreme sovereign Court which controls all others. Master Lit●leton in his Chapter of Parceners, Sect. 259. and Sir Edward Cook in his Institutes on it▪ f. 155. 172. 175. resolve. That an infant before the age of 21. cannot be a 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. bailiff nor Receiver (for want of skill and ability in intendment of Law to make any improvement or profit of lands or goods) nor yet sworn at all in any Inquest as a Juror; The reason is, because, o cook's Instit. on Littl. f. ●55. See Kitching 41▪ Jurors are Judges of all matters of f●ct, which Infants have no competent knowledge, experience or Judgement in eye of law to determine or Judge a right of any matters coming judicially before them, & therefore are not such legales homines, as the Venire requires M. 40. & 41. Eliz. B. Rs. in a case between Scambler, and Walker's, reported in Sir Edward cooks 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 justice or the King's revenue, or the Common wealth, or the interest, benefit or safety of the Subject: because the Law intends he wants both skill and judgement judicially to manage 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 inferior Courts, or of being a Justice of Peace, Major, bailiff, sheriff, Auditor p In H. 5. 6. Fitz: Enf. 3. 21 ●. 418. Br. coverture. 55. 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 weighty public causes are q See the sovereign Power of Parliaments, part 1 p. 34 39, 46. Sir Thomas Smith his Common Wealth of England, l. 2. cap. 1. 2. Cook's 4. Institut. ●. 1. finally examined, debated, judged without any further appeal, the very judgements of the greatest, learnedest Judges, reexamined, and ofttimes reversed; the very lives, liberties estates of all the Subjects, yea the Prerogatives, Rights, Revenues of the crown itself judicially determined, to the kingdom's weal or woe. Upon this very ground, in the House of peers, The King is not bound of Right to send forth his Writ of Summons to any peer, that is under Age, neither doth he use to Summon such to sit as judges in that house, though peer, by Birth: But when any peer is of all age, than he ought to have a Writ of summons Ex debito justitiae, (not before) as Sir Edward Cook informs us in his 4. Institutes fol. 19 and 41. Nay, if the King himself 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 See the sovereign power of Parliaments, part 1. p. 50, 51. part 2. p. 56. 57, 65, 67, 71 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 royal assent to Bills; and execute that royal Authority which himself by reason of his Infancy is unable to discharge; That of s Rom: Hist. l. 24. sect. 4. p. 517. Livy concerning Jerom 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 peers themselves during their Minorities are thus uncapable of being Judges in the House of peers, 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 cook's 4. Institut cap. 1. represent whole Counties, Cities, boroughs, yea the Commons of all England, and Vote and judge in their behalf. Secondly, As the Parliament is the supreme Court, so the u cook's 4. Institut cap. 1. Greatest council of the kingdom. Hence it is usually styled in our Ancient Writers, (especially before the Conquest) 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 Selden's Titles of Hon. p. 63● Cook's 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. 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 styled such? If not, then certainly they are no fit Members of such a council, 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 be deemed meet Members to sit and Vote in this greatest council of the realm at this time, who are not thought fit persons to be admitted in any our most inferior counsels [authorized either by Law or custom,] at any time? Who ever heard or saw an Infant elected a common-council man in any of our Cities, Corporations, Fraternities, Guiles; much less a Major, Alderman, Master, or Warden, in any of them? Did ever any of our Kings make choice of Infants for their Priv●e counsellors of State? for their council of war, Law, physic? Or were ever any such elected to be Members of any Convocation, Synod, council? our x 19 H. 6. 13. Issue 67. 13. Eliz. c. 12. present Laws, and Ancient Canons prescribe, that no man shall be made a Minister before the age of 24. (y) See Truth triumphing over falsehood, &c. years; much less than can be a Member of any Synod or Convocation, before that age: And shall Infants than be capable of being Members of the supreme council of Parliament before the age of 2●. wherein all Acts, Canons made in Synods, or Convocations must be [x] ratified before they become obligatory? Certainly this would be a great solecism, disparity, absurdity. Every Senater and Member of the greatest council of the realm (as z Bodins commonweal▪ l. 3. c. 1. Cook's 4. Institutes, cap. 1. politicians, and others resolve] aught to be endued with these several qualifications to discharge that place, which Infants commonly want. 1. With deep solid wisdom, and gravity. 2. Sound judgement. 3. Grand experience. 4. Impartial Justice. 5. Inflexible undaunted courage and resolution, not to be overcome with flattery or threats. 6. A prudent foresight to prevent all gro●ing mischiefs. 7. A competent measure of Learning and skill, especially in the laws, constitutions, and Histories of his own and other States, and in State affairs; Now what Infant is there to be found endowed with all these qualities in such an eminent manner as to make him a fitting Member for so great so public a council as the Parliament, to which none are to be 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, weighty, difficult for Infants to debate, order, as determine aright: As namely▪ a See Cook's 4. Instit. c. 1. Beam, l. 3 c. 1. Sir Th. Shiloh's commonwealth of England, l. 2. cap. 1. 2. Vowels Order and usage how to keep a Parliament. Cambd●ns Brit. pag. 173. The sovereign power of Parliaments and Kingdoms First, All matters touching the King, his Prerogative, Crown, revenues. Secondly, All matters concerning the State of the kingdoms of England, and Ireland, as well in times of war as Peace. Thirdly, All affairs which concern the defence of the Kingdom by Sea or Land. Fourthly, The preservation, Reformation of the Church Government, discipline of the Church of Engl. and true Religion established therein. Fifthly, The enacting of, new Laws, with the amendment, or repeal of old ones. Sixthly, All matters concerning the Courts, Officers, and administration of Justice. Seventhly, All things concerning trade, commerce, the several arts and professions of all sorts of men. Eighthly, Crimes, grievances▪ oppressions of all sorts. Ninthly, The liberties, properties, estates, lives, limbs, of all the people. Tenthly, The privileges of this high Court, and of the Members thereof; 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 ecclesiastical, civil, military affairs, wherein this Parliament hath spent above five years' deliberation and debate, we shall find 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 council of the realm to settle, determine such difficult weighty things as these, which their capacities, skill, abilities are unable to comprehend much less to resolve, regulate, settle? Verily if we should do this, I fear the whole kingdom and Christian world would censure and condemn us (as Children) for it. Finally our 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. Parliaments themselves have in all ages provided and taken special care of infant's educations, persons, estates enjoining their guardians, & others, to take the care and custody of them during their minority, and exempting them out of sundry Acts in cases of lacks, Nonclaime, fines, as persons uncapable to dispose of themselves or their estates yea void of competent wisdom and discretion to manage their own privat● affairs: A direct Parliamentary judgement and resolution in all ages, that they are much more uncapable to order, settle, manage the greatest affairs of the Church, State, in the supremest Court and council of the realm. 3ly. The reasons drawn from the inconveniencies and mischiefs of admitting Infants to be Members, are many. First, it is of one of the saddest judgements 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 follows. The people shall be oppressed every one by another and every one by his Neighbour; the Child shall behave himself 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 err, and destroy the way of thy Paths. isaiah 3. 5. 12. Therefore it must needs be mischievous and an heavy judgement to have Children and Babes in Law, Members of our Parliaments, which should be a council of the sagest, discreetest Senators, and Elders of our realm. 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, than another as well as he: And if an Infant of twenty years, then of ten, twelve or less 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 styled; we shall have Parliamentum Puororum, Senatus Infantum, a Parliament of Children, a senate of Babes, if all Cities, Burgesses, were so Childish so foolish, and injurious to the public in their elections of such, as some [through the importunity of friends] have been. Now how dangerous this may prove to the Kingdom, let all wise men judge, by the example of King c 2. Chron. 10 Rehoboam's 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 mischief and danger of admitting so few may prove very great, not only in regard of the illness of the precedent in these signal 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 voice for a young novice; NOTE. This is no Parliament to enter whelps in, therefore we must think of some 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 voices, for want of judgement to vote a right, may infinitely prejudice, endanger our three whole Churches, kingdoms in a moment, especially, if the wheel of fortune should turn 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 overreaching age as this. 4ly. It is inevitably perilous, and mischievous (as d commonweal l. 3. p. ●55. Bodin truly informat us) upon this consideration. That the council of young men [especially of Infants] though never so wise, virtuous and discreet, will never be so readily entertained, nor their Commands, Advices, Ordinances, Laws, so cheerfully submitted to by the people, young or old, as the counsels, Edicts, Votes of grave, wise and ancient men, but be either slighted, vilified or disobeyed: For those (writes he) of equal age, will think themselves altogether as wise at they, and those who are ancienter will deem themselves much wiser than such young councillors of state, and thereupon scorn, contemn, deride their Votes, Ordinances, Resolutions, (especially when any new laws or forms 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 less, and oftentimes more force than the truth itself; Neither is there any thing in a commonweal more dangerous, then for Subjects to have an ill opinion of their councillors, governors lawmakers; for then how shall they obey them? and if they obey them not, what issue is to be expected? surely disobedience, sedition, Rebellion, ruin, It behooves therefore our present Parliament, if they would prevent this dangerous mischief, to expel all Infant (as well as Malignant) Members, which may draw a very great disparagement, contempt, or disesteem upon their counsels, 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, laws, 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 ointment of the Apothecary to send forth a stinking savour: so doth a little folly him that it in reputation for wisdom and honour. And no man knows what an evil savour o● contempt, disobedience, disrespect, the apprehension of a little folly in some Infant Members may draw upon the whole Parliament, [their Ordinances and proceedings,] though otherwise in great reputation for wisdom and honour. e Se●at●● t●tius Or●●●lum Civitati● De Oratore, lib. 2. Cicero defined the Roman Sonate to be, the Oracle of the whole City. And ●liny resolves; f Nef●s est adversus auctritatum Senatus tendere Rom. Hist. l. 5. It is a wicked Act to go against the Authority of the Senate. It therefore behooves all Freeholders, Citizens and Burgesses of the realm to take special care, that they elect not, and the Honourable Houses that they admit not any unfit Members, whose illegal presence or Votes therein may derogate in the people's Opinions from their incomparable wisdom, or irresistible Authority. Fifthly, It is mischievous in this, that as it opens the mouths of Royalists, Papists, Malignants, Sectaries, and the prelatical party to Revile, Calumniate, censure, vilify, 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 undo, unvote, repeal, yea nullify 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 void, or voidable by Law. Certainly when I read the printed Act of 39 H. 6. cap. 1. Which repeals and makes void the Parliament held at Coventry the year before, and all Acts, Statutes, and Ordinances therein made, upon this very ground among other, that a great part of the knight's Citizens and Burgesses appearing in it, were unduly Elected against the course of the King's laws, and the Liberties of the Commons of this realm, by the means and labours of some seditions persons: And when I consider, that our unconstant perfidious King Henry the 3d. nulled and avoided for a time g Matthew Paris, Anno 226. p. 324. 325. ●●niells Hist. p. 151. 152 the great Charter of the forest (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 authorised the heirs of the crown to King Henry the 8. and King Edw. the 6. even out of Parliament to repeal 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 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. slight pretences some former Parliaments and their Acts have been totally nulled: It makes me tremble and fear, what future ages may attempt against the proceedings of our present Parliament [if the Malignant royal party should grow potent] upon the like pretences, [especially of undue Elections of Infants, and others now complained of,] unless the Parliament take timely care to redress them, and severely prohibit, censure all undue underhand practices in new Elections, of which we have so many sad complaints in diverse parts. The prevention therefore of this grand future mischief, will undoubtedly move them to apply a present remedy to it, for fear of afterclaps. Fifthly, By the ancient Law and custom of Parliament, as our i 3. E. 3. 19 Cook's 4. Institutes, p. 15. ●● 20. 38, 39 Fitz: C●●●n●: 16●, Law 〈◊〉 resolve and the statute of 5. R. 2. cap. 4. enacts; Every Member of Parliament who absents himself, or departs from it, without just ex●●●e and licence, shall be amerced, and otherwise punished (by imprisonment and the like) as oft time hath been used. But k C. 8. Rep: 66, c. 3. E. 3. Fitz: Enfant 14. 14. Ass 17 43. Ass: 45. 17 E. 3. 75. Fitz: damages, 127. Imprisonment 8. ●0, 16, 17. 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 express resolution of these Authorities and this statute; even for this very mischief, because he cannot be amerced imprisoned or punished, as other Members are and aught to be, in case of absence, or undue departure from the Parliament. Sixthly, Admit the forementioned mischiefs should all prove but contingent, and future, yet this one present mischief happens by infant's Elections, that they keep out abler Members, and deprive the Parliament, kingdom of the assistance, council, abilities of more discreet, wise, active, experienced. Venerable persons than 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 sottishness 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 employment. No man is so foolish as to make choice of a young raw unexperienced unskilful Practitioner to be his Pilot, physician, Lawyer, Advocate, Commander, especially if the Voyage, Disease, Case Service, be dangerous or difficult; but will resort to the skilfulest Pilots, physicians, Lawyers, Advocates, soldiers, in such cases. And should they not much more do thus in their choice of Members of Parliament, especially in these dangerous and tempestuous times, when the ship of our Church, State are extremely endangered by storms and rocks; the whole body of our three kingdoms, 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 do it not, the Election of some few unable Members and preterition of others of greater abilities in this juncture of time of affairs of highest concernment, may ruin us and our Posterities for ever. The consideration therefore of these recited mischiefs should, and will no doubt induce the Parliament, to remove all such Infants and illegal Members, (as well as Malignants and Monopolists) out of the Commons house, or Prelates and Popish peers, 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, councillors in the supremest Judicature and council of our three Kingdoms, which gives laws to England, Ireland, all the King's Dominions except Scotland on which it hath a great influence to, by reason of the mutual brotherly League between both Nations,] especially in such a time of Reformation, Consultation, Circumspection, and action as this is. What think you will foreign Nations report of our Parliament, our Nation, if they shall hear 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 kingdom is either void of wise experienced Senators, that we Elect such Novices; or that all our wise ancient men, or our electors are turned Children. Naturals in making such a choice, and our Parliament very neglectful of their own honour in petmitting such associates to sit among them, in case the kingdom 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 jeer 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 public censure, for putting such a dishonour both on our Parliament and Nation, and enjoin them hereafter to make better choices, under pain of forfeiting their right of Election. 4ly. For precedents in foreign States, I could produce many; I shall instance only in some few of chiefest note, which will bear most sway, and in one domestic printed Authority. First, I shall begin with Scripture precedents; 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 public Senate. Num. 11. 16 And the Lord said unto Moses gather unto me seventy men of THE ELDERS of Israel, whom thou knowest to be THE ELDERS of the people, and Officers over them, &c. and they shall bear the burden of the people with thee, that thou bear it not alone, which he accordingly performed. v. 24. 25. whence they are styled, the seventy ELDERS of the people, both in respect of their age and dignity. Hence the great council Senate, & Sanhadrim of the Jews resembling our Parliament is styled: The Assembly of the ELDERS: Ps. 107. 52. The ELDERS of Israel 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 King's 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. both in the Old and New Testament: and oft times the ANCIENTS of the people, as isaiah. 3. 4. Jer. 19 1. in respect of their age and gravity; none being admitted into their Senate, Parliament, or council of State, but ancient men. Hence we find isaiah. 3. 2. 3. 4. 12. 14. The prudent the Ancient man, and the councillor, coupled together, and that in opposition to Children and Babes, whose ruling over the people is threatened by God, as the s●arest judgement of any. Hence is that expression of the Prophet, Eze. 7. 26. Council shall perish from t●e ANCIENT▪ because none but such were councillors in the Jewish State: with that of David, Psal. 119. 100 I understand more than the ANCIENTS; and that of Iob. ●c. 12. 12. With the ANCIENT is wisdom, and in length of days, understanding: Hereupon Solomons and Rehoboam's councillors of State, with whom he first advised, what answer to return unto the people when they came to make him King, are expressly termed m 2 Chron. 10. 6. & 13. 1 King's 12. OLD MEN; who gave him very savoury council, had he followed it; which he forsaking and following the council of his young Courtiers, lost both his people's affections, and his kingdom too, over ten of the Tribes, who set up another King. If then you will follow Scripture precedents, no Infants under age, or Children, but Elders, Ancients of the people, for years, wisdom and experience, aught to be Members of our supreme council especially in such a time as this. The 2. precedent I shall instance in, is the Roman Senate, who admitted none into their Senate, as Members of it, but those who were 24. years old at least, as the n Alexander ab Alexandrol. 4. c. 10 Martinus Phileticus in Cic. l. 1. Ep. fam. 1. marginal Authors testify; their Senators being ●tate graves, spectataeque probita is. The 3d precedent is the o Alexander ab Alexand. 14. c. 11 Laced●monian Senate, which consisted of 32. ancient men, into which none were admitted unless they were above sixty years old. The 4th. the p Alexander ab Alex. ibid. Bythinians, who admitted no man into their Senate unless he were thirty years old at least. The 5th. Goodwins Roman Antiquities l. 3. c. 3: the q Bodins Comon-weal●● l. 3. c. 1. p. 256. Athenians▪ who permitted none, but those who were fifty years old, to consult of that which should be good & profitable to the Commonweal●. The 6th. is that of Solon, who forbade 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 commonweal l. 3. c. 1. p. 255. 256 John Bodin informs us, that the Greeks and Latins composed their Senate of Seniors, or aged men, as being the wisermen, and men of greatest experience. And that not only the Greeks and Latins have given this prerogative unto the aged, to give council unto the Common weal, but also the Egyptians, Persians, [r] Bodin ibid. and Hebrews, 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 council then the younger sort. Neither do I find that ever any foreign kingdom, State admitted Infant Members into their Senate, Parliament, council, they deeming it altogether injurious and absurd. Therefore there is no reason why our Parliament and great senate 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. NOTE. under this Title; Who be eligable to be a Knight, Citizen or burgess of Parliament? resolves thus, One under the age of 21. years IS NOT ELIGIBLE, neither can any Lord of Parliament sit there until he be of the full age of 21. years. A punctual Resolution in direct terms. Having thus given you a brief Account of the reasons of mine Opinion concerning the Question propounded, I shall in the next place return a short Answer to some Objections; and so conclude. The 1. Object. 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 privilege 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 realm approve. They t 1. 〈◊〉, 5, c. 1. ●. H. 6. c. 7 cooks 4. In●●it. p. 47 cannot elect a sheriff a Minister, a man beyond the Seas, a judge or attendant in the Lord's house, to be Knight of any County, because it is contrary to Law, express statutes and the writ itself: 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 peer of the realm, an Idiot, a Non Compos, Alien, Woman, &c. to be a Citizen or burgess of Parliament: and if they do so the election is void, because the persons are uncapable. Therefore by the selfsame 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 fitness, the capability of the persons elected and if any Counties, Cities, boroughs be so indiscreet and injurious to the kingdom as to elect unworthy Members, contrary to the Writ and their duty, the house may justly cast them out again, notwithstanding the Election, which concludes them not. This the precedents of former Parliaments in expeling unworthy & unsitting Members, together with the practice 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 selfsame reason, they may and aught to expel Infants the House, as unfitting and illegal Members, as well as Projectors, Monopolists and Malignants as unworthy ones. 3ly I dare confideutly affirm, that no city, or Borough did ever freely of their own accords make choice of any Ward, or Infant to serve in Parliament for them; as the ablest or fittest of any other, to do themselves and the kingdom service in Parliament; or as the sufficientest, ablest and discreetest persons, according as the writ directs them, but merely through the over-earnest solicitation, threats or over-rulling power of the infant's friends, to whom they stood engaged for favours, or durst not offend, lest they should turn their foes, not out of mere public respects, which all electors in justice and prudence should only aim at. Therefore it is altogether unreasonable, that the election of Infants, grounded merely on such base private respects as these, should defraud the Parliament and whole kingdom of the choice of abler Members; since u cook's 4. Instit. p. 14. every Member elected for any particular Borough, when once admitted, Votes and serves not only for it, but for the whole kingdom 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 been insome. The 2d. Object. 2. Objection is this. That some Infants under the age of 21. have been permitted to sit as Members in former Parliaments: Therefore by like reason they may be admitted in this upon our new Elections. Answer I Answer, First, that no Infant ought * See Cook 9 Rep. f. 49. de jure to sit in any Parliament as I have manifested; therefore not in this. 2ly. None ever sat 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 been) & not ejected the business hath been comprimised without coming to any solemn debate & resolution in the House. 3ly. The connivance of former Parliaments in this kind is no precedent to overrule or bind our present Parliament, for these ensuing respects. ●. because there are more weighty, difficult affairs 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. 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 precedent times. 4ly. Because the Acts, and Members of this Parliament more concern the kingdom to be free from all just exceptions, and are likely to be more narrowly scanned, sifted, both for the present and future times, than the Members or proceedings of any former Parliaments, and the least just flaw against them may in after ages prove dangerous if not fatal to revoke or shake what ever shall be concluded by them now if not timely prevented. 5. Because this Parliament is more lasting than any other, and happily may prove diuturnal, if not perpetual. 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 be more careful what Members they now admit, than they were in former times, when there were no such unhappy divisions between the King & Parliament as now. The 3d. Object. 3. 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, than none ought to be admitted, Answer. 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 be divided, may prove very dangerous. 4. Every Parliament man ought to Vote according to his own judgement not another's 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. Object. 4. and principal 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 years it being the best school of Experience to educate, to improve young Gentlemen and sit them for public Action: upon which ground the eldest Sons of peers are admitted to sit in the Lord's House and hear their debates, to enable them the better to serve the kingdom when they come to be peers; and former Parliaments have connived at Infants being Elected Members, and at their sitting in the Commons House. I Answer, Answer. 1. That this Argument is a mere fallacy if examined: For though most Members of Parliament, as well old as young may learn much knowledge and experience by sitting there, (as all Judges, or other Officers do by sitting in Courts of justice, and execu●ing their places) yet they learn it not as scholars or Auditors in a school, but as judges and Councelors of state, in the supremest Court and council of the kingdom; to discharge which trust, they must have some competent abilities of wisdom and experience requisite for judges and councillors of state, (which Infants want) before they can be admitted Members into this highest public school, into which none ought to be elected, but such wise men, who know both times, Law, and judgement: 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 public t●ust but those alone who are able and * See cooks 8. Rep s. 41. b. 42. sit to discharge it at the very instant when they are elected, Is any Father, schoolmaster so inconsiderate or absurd, to send his Son or scholar to the University, before he be fit for a grammar-school, the better to fit and enable him for the university? will the King, or Parliament, think it just or reasonable to make a puny barrister Lord chief Justice of England for the present, the better to enable him to be a Judge or chief Justice for the future in his riper years, though unfit, unable at the time of his Parent to be a puny judge? Will any be so senseless, as to create a puny schoolboy chief Master of any free-school during his Minority, the better to abilitate him to discharge that Office twenty years after, when he 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 poor 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 practice of the late Prelates, who would first admit men to benefices with cure of souls, which they were unable to discharge for the present and then grant them dispensations to be resident in our universities for five or six years' space together, of purpose to fit them to execute their cures and discharge their Ministry some five or six years after their institutions and inductions to their Benefices. 3ly. I dare aver, that Infants by following their studies close in the university and inns of Court during their minorities, will are better improve themselves to serve their Country in Parliament in after times when they come to years of full discretion, then by spending their time idly in the House, where they commonly sit like ciphers with out speaking or observing aught that is material, which takes them oft from their present studies, and bladders them with self-conceits of their own superlative worth, & abilities. 4ly. Admit the Objection true, yet the prejudice and dishonour the kingdom, whole Parliament shall undergo by the permission of such unable Members, is no ways recompensed, by that little wisdom or experience which two or three Infants may possibly gain by being Members for the present, who happily may never live to serve in future Parliaments, or prevatica●e in this. 5ly. The argument drawn from Peers eldest sons 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 * Alexander abAlexand. l. 3. c. 10. Sons of some of the chief Roman Senators of old to come into the Senate) not as Peers, Members, Voters, but Auditors or spectators only. Therefore the selfsame Law and reasons which exclude Infants 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 peers, but only by undue Elections, void in Law. To close up all; I heartily wish our honourable Parliament to prevent all future sinister, undue Elections (of which we hear 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 * See Cook's 2 Instit. p. 168 169. 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 officers, 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-seal, Steward of the King's House, the King's chamberlain, Clerk of the Rolls, the Justices of the one Bench and of the other, Barons of the exchequer, and all other that shall be called to 〈◊〉, name or make justices of Peace, Sheriffs● Escheators, Customers, controllers, or any other Officer or Minister of the King▪ shall firmly swear, that they shall not ordain, NOTE. nam● or make justice of Peace, sheriff, &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 lawful MEN, AND sufficient to their estimation and knowledge. These two laws alone if revived, and applied 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 deal of unnessary un●itting pains, solicitation, and abuse of the Pulpit, to the people's great disgust, [*] See Cook 8. Report. f. 41 42. & 9 Rep. 4●. for his own private lucre & advaucing the designs of his party, so it would certainly prevent all undue Elections of Infants and unworthy Members, ●ll the House with the ablest, lawfullest * cook's 4. Instit. p. 10. & 2. Instit. p. 169 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 practice to their Infamy. Thus I have given you a brief account of min● opinion touching the propounded Question, together with the reasons swaying me thereunto. If yourself or others reap any satisfaction from it for the public good, it is the only Fee I expect in this Common Cause, that concerns not yourself alone, but the whole kingdom, which suffers more mischief, dishonour, prejudice by unworthy Elections, than any private Competitors justly grieved 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 himself, upon this, and all other good occasions. Febr. 12, 1645. Your most affection Friend and Servant W. P. FINIS.