Minors No Senators, Text
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,aCookes 4. Inſtitutes, p. 15 to 20. 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*Englands Birth-right Advertiſments for the Election of Burgeſſes, confuted by Maſter Cooke. 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 thebLittleton 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. 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 cCookes 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, comprizing the ſubject matter for which Parliaments are ſummoned to treat and conſult about; to witdCromptons Iurisdictions of Courts, f. 2. 3. Cooks 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 Judgment experience wiſdome, Learning) to debate, and determine ſuch arduons, 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. eCrompton 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 Realme. & 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…VSUS, &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… fLittleton ſect. 103. 104. 110. 269.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 gCooks Inſtitut. on Littletonſ. 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 councellors in this ſupreame 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 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,hLittleton 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 recogniſance, which are matters of record, they may avoyd them by a Writ ofi21. 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 entrie, or a writ ofkLittleton Sect. 406. 4…6. Brook Dum fuit infra aetatem. Dum fuit infra aetatem: yea, their aſſents are meerly void in Law, not binding themſelves, as our Law-books reſolve. VponUpon 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 l1. H. 5. 6. Fitz. …ant. 3 21. E. 4. 18.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 themCooke 4. Inſtit. …. 1. 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 nSe 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.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,oCookes 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 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, AuditorpIn 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 weightie publike cauſes areqSee 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. 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 rSee the Soveraigne power of Parliaments, part 1. p. 50, 51. part 2. p. 56. 57, 65, 67, 71Parliament 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 ofſRom: Hiſt. l. 24. ſect. 4. p. 517. 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 theytCookes 4. Inſtitut cap. 1. repreſent whole Counties, Cities, Burroughs, yea the Commons of all England, and Vote and judge in their behalfe.
Secondly, As the Parliament is the Supreame Court, ſo theuCookes 4. Inſtitut cap. 1. Greateſt Councell of the Kingdome. Hence it is uſually ſtiled in our Ancient Writers, (eſpecially before the Conqueſt)xBeda 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. 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; duplicate page duplicate page and are Infants ſuch? Or can they be ſtiled ſuch? If not, then certainly they are no fit Members of ſuch a Councell, neither were they ſo reputed informer ages; why then ſhould they be deemed fit Members now? when greater, weightier buſineſſes of all ſorts concerning Church and State are imagitation, then in any former age whatſoever, or all our Parliaments put together? Nay, why ſhould they bee deemed meete Members to ſit and Vote in this greateſt Councell of the Realme at this time, who are not thought fit perſons to bee admitted in any our moſt inferiour Councells [authorized either by Law or cuſtom,] at any time? Who ever heard or ſaw an Infant elected a Common-Councell man in any of our Cities, Corporations, Fraternities, Guiles; much leſſe a Major, Alderman, Maſter, or Warden, in any of them? Did ever any of our Kings make choice of Infants for their Priv…e Councellours of State? for their Councell of Warre, Law, Phyſicke? Or were ever any ſuch elected to be Members of any Convocation, Synod, Councell? our x19. H. 6. 13. Iſſue 67. 13. Eliz. c. 12.preſent Laws, and Ancient Canons preſcribe, that no man ſhall bee made a Miniſter before the age of 24.(y) See Truth triumphing over Falſhood, &c. yeares; much leſſe then can bee a Member of any Synod or Convocation, before that age: And ſhall Infants then bee capable of being Members of the ſupream Councell of Parliament before the age of 2…. wherein all Acts, Canons made in Synods, or Convocations muſt be [x] ratified before they becom obligatory? Certainly this would be a great ſoleciſme, diſparity, abſurdity. Every Senater and Member of the greateſt Councell of the Realme (aszBodins Common-Weale▪ l. 3. c. 1. Cookes 4. Inſtitutes, cap. 1. Polititians, and others reſolve] ought to be endued with theſe ſeverall qualifications to diſcharge that place, which Infants commonly want.
1. With deepe ſolid wiſdome, and gravity.
2. Sound judgement.
3. Grand experience.
4. Impartiall Juſtice.
5. Inflexible undaunted courage and reſolution, not to be overcome with flattery or threats.
6. A prudent foreſight to prevent all gro…ing miſchiefes.
7. A competent meaſure of Learning and skill, eſpecially in the lawes, conſtitutions, and Hiſtories of his owne and other States, and in State affaires; Now what Infant is there to bee found endowed with all theſe qualities in ſuch an eminent manner as to make him a fitting Member for ſo great ſo publike a Councell as the Parliament, to which none are to bee admitted, but ſuch who are qualified in ſome good meaſure for it.
Thirdly, The matters to be debated and tranſacted in Parliament will eaſily reſolve, that they are too …igh, weightie, difficult for Infants to debate, order, as determine aright: As namely▪
aSee 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 KingdomsFirſt, All matters touching the King, his Prerogative, Crown, Revenewes. Secondly, All matters concerning the State of the Kingdomes of England, and Ireland, as well in times of Warre as Peace. Thirdly, All affaires which concerne the defence of the Kingdom by Sea or Land. Fourthly, The preſervation, Reformation of the Church Government, diſciplin of the Church of Engl. and true Religion eſtabliſhed therein. Fifthly, The enacting of, new Laws, with the amendment, or repeale of old ones. Sixthly, All matters concerning the Courts, Officers, and adminiſtration of Juſtice. Seventhly, All things concerning trade, commerce, the ſeverall arts and profeſſions of all ſorts of men. Eighthly, Crimes, grievances▪ oppreſſions of all ſorts. Ninthly, The liberties, properties, eſtates, lives, limbes, of all the people. Tenthly, The Priviledges of this high Court, and of the Members therof; Alas what Infant, (yea what ancient experienced States man almoſt) is ſufficient for all theſe things of moment? Yea, if we look only upon the great arduous Eccleſiaſticall, Civill, Millitary affaires, wherein this Parliament hath ſpent above five yeares deliberation and debate, we ſhall finde them ſo intricate, difficult, ponderous, dangerous, arduous and tranſcendent, as I am confident all that know them will conclude, they tranſcend the capacity of any Infants to underſtand, much more to debate, determine reſolve, ſettle in a …ight and ſtable way for our Churches, Kingdoms future preſervation. And ſhall we make or ſuffer Infants to be Members of this greateſt Councell of the Realme to ſettle, determine ſuch difficult weighty things as theſe, which their capacities, skill, abilities are unable to comprehend much leſſe to reſolve, regulate, ſettle? Verily if we ſhould do this, I feare the whole Kingdome and Chriſtian world would cenſure and condemne us (as Children) for it.
Finally our b9. 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 ſpeciall care of Infants educations, perſons, eſtates enjoyning their Gardians, & others, to take the care and cuſtody of them during their minority, and exempting them out of ſundry Acts in caſes of Lackes, Nonclaime, fines, as perſons uncapable to diſpoſe of themſelves or their eſtates yea void of competent wiſdome and diſcretion to manage their owne privat… affaires: A direct Parliamentary judgment and reſolution in all ages, that they are much more uncapable to order, ſettle, manage the greateſt affaires of the Church, State, in the ſupreameſt Court and Councell of the Realme.
3ly. The reaſons drawne from the inconveniencies and miſchiefs of admitting Infants to be Members, are many.
Firſt, it is of one of the ſaddeſt judgments God threatens to his people That he will give them Children to be their Princes and Babes to rule over them Iſa 3. 4. Eccleſ. 10. 16. and then what followes. The people ſhall be oppreſſed every one by another and every one by his Neighbour; the Child ſhal behave himſelfe proudly againſt the ancient, and the baſe against the Honourable; Children are their oppreſſors, and women rule over them, O my people thoſe that load thee cauſe the to erre, and destroy the way of thy Paths. Iſay 3. 5. 12. Therefore it muſt needs be miſcheivous and an heavy judgment to have Children and Babes in Law, Members of our Parliaments, which ſhould be a Councell of the ſageſt, diſcreeteſt Senators, and Elders of our Realme.
2ly. It is of very dangerous conſequence for Infants to be admitted Members, eſpecially in theſe times of greateſt conſultation, action, danger, and reformation. For firſt, if any one Infant may de jure be a Member of Parliament then by conſequence a ſecond, third, & ſo in infinitum, till the Houſe be filled with ſuch for ſurety, if one Infant be capable of being a Member, then another as well as hee: And if an Infant of twenty yeares, then of ten, twelve or leſſe by like reaſon ſince if you once break the Rules of Law you can ſet no bounds▪ to any number, or age of Infants, and ſo by conſequence, inſtead of having Concilium Sapientum, Senatus Seniorum, &c. as Parliaments were ancient…y ſtiled; we ſhall have Parliamentum Puororum, Senatus Infantum, a Parliament of Children, a Senat of Babes, if all Cities, Burgeſſes, were ſo Childiſh ſo fooliſh, and injurious to the publike in their elections of ſuch, as ſom [through the importunity of friends] have bin. Now how dangerous this may prove to the Kingdom, let all wiſe men judge, by the example of King c2. Chron. 10Rehoboams 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;NOTE. 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 (asdCommonweale l. 3. p. …55. 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.eSe…at… t…tius Or… lum Civitati… De Oratore, lib. 2. Cicero defined the Roman Sonate to bee, the Oracle of the whole City. And …liny reſolves;fNef…s eſt adverſus auctritatum Senatus tendere Rom. Hiſt. l. 5. 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 gMatthew Paris, Anno 226. p. 324. 325. …niells Hiſt. p. 151. 152the 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 hSee 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 bin totally nulled: It makes me tremble and feare, what future ages may attempt againſt the proceedings of our preſent Parliament [if the Malignant Royall party ſhould grow potent] upon the like pretences, [eſpecially of undue Elections of Infants, and others now complained of,] unleſſe the Parliament take timely care to redreſſe them, and ſeverely prohibit, cenſure all undue underhand practiſes in new Elections, of which we have ſo many ſad complaints in diverſe parts. The prevention therefore of this grand future miſchiefe, will undoubtedly move them to apply a preſent remedy to it, for feare of after-claps.
Fifthly, By the ancient Law and cuſtome of Parliament, as ouri3. E. 3. 19 Cookes 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 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. ButkC. 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. 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 rom 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 lDeutr. 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.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 termedm2 Chron. 10. 6. & 13. 1 Kings 12. 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 nAlexander ab Alexandrol. 4. c. 10 Martinus Phileticus in Cic. l. 1. Ep. fam. 1.marginall Authors teſtifie; their Senators being …tate graves, ſpectataeque probita is.
The 3d preſident is the oAlexander ab Alexand. l4. c. 11Laced…monian Senate, which conſiſted of 32. ancient men, into which none were admitted unleſſe they were above ſixtie yeares old.
The 4th. the pAlexander ab Alex. ibid.Bythinians, who admitted no man into their Senate unleſſe he were thirty yeares old at least.
The 5th. Goodwins Roman Antiquities l. 3. c. 3:the qBodins Comon-weal… l. 3. c. 1. p. 256.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, ſCommonweale l. 3. c. 1. p. 255. 256Iohn 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, [r] Bodin ibid.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.NOTE. 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.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 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. Theyt1. …, 5, c. 1. …. H. 6. c. 7 Cookes 4. In…it. p. 47 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 uCookes 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 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.Object. 2. 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.Anſwer
I Anſwer, Firſt, that no Infant ought*See Cooke 9. Rep. f. 49. 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. Becauſe there are greater differences, diſtractions between the King and Parliament, and more labouring to make parties in the Houſe to ſerve ends [if poſſible then in any former Age.
3ly. Becauſe a greater reformation is now expected, promiſed, endeavoured in Church, State, Parliaments then in any preceedent times.
4ly. Becauſe the Acts, and Members of this Parliament more concerne the Kingdome to be free from all juſt exceptions, and are likely to bee more narrowly ſcanned, ſifted, both for the preſent and future times, then the Members or proceedings of any former Parliaments, and the leaſt juſt flaw againſt them may in after ages prove dangerous if not fatall to revoke or ſhake what ever ſhall be concluded by them now if not timely prevented.
5. Becauſe this Parliament is more laſting then any other, and happily may prove diuturnal, if not perpetuall.
6. Becauſe both Houſes have made a more exact purgation of unſitting, unworthy Members, in this, then in any Parliament in former ages, and therefore in Juſtice ought to diſplace all unable or unſitting Members (as well Infants as any others) to avoid the juſt cenſure of partiality.
7. Becauſe more exceptions, cavils are & will be made againſt undue elections, Members now, by Malignants, Royaliſts, Prelates, then to any Members, Elections in former ages; Therefore the Houſe ſhould bee more carefull what Members they now admit, then they were in former times, when there were no ſuch unhappy diviſions betweene the King & Parliament as now.
The 3d.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, then 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 bee devided, may prove very dangerous. 4. Every Parliament man ought to Vote according to his owne judgment not anothers only, and it is very dangerous for any to Vote with ſuch and ſuch perſons only in the Houſe, and to make their Votes the ſole ground of their concurrent Ay or No; is the high way to factions.
The 4th.Object. 4. and principall Objection is this: That it will be both convenient and expedient that young Gentlemen under age of Honourable Families ſhould be Members of Parliament during their Minority, the better to enable them to ſerve their Country therein, when they come to r…per yeares it being the beſt Schoole of Experience to educate, to improve young Gentlemen and ſit them for publike Action: VponUpon which ground the eldeſt Sons of Peeres are admitted to ſit in the Lords Houſe and heare their debates, to enable them the better to ſerve the Kingdome when they come to be Peeres; and former Parliaments have connived at Infants being Elected Members, and at their ſitting in the Commons Houſe.
I Anſwer,Anſwer. 1. That this Argument is a meere fallacy if examined: For though moſt Members of Parliament, as well old as young may learne much knowledge and experience by ſitting there, (as all Judges, or other Officers do by ſitting in Courts of Iuſtice, and execu…ing their places) yet they learne it not as Schollers or Auditors in a Schoole, but as Iudges and Councelors of ſtate, in the ſupreameſt Court and Councell of the Kingdome; to diſcharge which truſt, they muſt have ſome competent abilities of wiſdome and experience requiſite for Iudges and Councellors of ſtate, (which Infants want) before they can be admitted Members into this higheſt publike Schoole, into which none ought to be elected, but ſuch wiſe men, who know both times, Law, and Iudgment: Eſth. 1. 13. eſpecially in ſuch times as theſe. 2ly. It is an abſurdity, if rightly ſtated▪ implying, aſſerting, that Infants may be elected to ſit and Vote as Members in Parliament for the preſent, to enable them to be ſ…t Members in it for the future though unſitting for the preſent; when as in truth, none ſhould be choſen to ſuch a place of publike t…uſt but thoſe alone who are able and*See Cookes 8. Rep ſ. 41. b. 42. ſit to diſcharge it at the very inſtant when they are elected, Is any Father, Schoole-Maſter ſo inconſiderate or abſurd, to ſend his Son or Scholler to the Univerſity, before he be fit for a Grammer-Schoole, the better to fit and enable him for the Vniverſity? will the King, or Parliament, think it juſt or reaſonable to make a puny Barreſter Lord Chiefe Juſtice of England for the preſent, the better to enable him to be a Judge or Chiefe Juſtice for the future in his riper yeares, though unfit, unable at the time of his Parent to be a puny Iudge? Will any be ſo ſenceleſſe, as to create a puny Schoole-boy chiefe Maſter of any Free-ſchoole during his Minority, the better to abilitate him to diſcharge that Office twenty yeares after, when hee comes to perfect age? Why then ſhould any Infants be elected Parliament men for the preſent, before they are actually fit or capable, upon this poore ſurmiſe, that it will the better inſtruct them to be able Parliament men in future times? Certainly this is and muſt be like the corrupt practiſe of the late Prelates, who would firſt admit men to benefices with cure of ſoules, which they were unable to diſcharge for the preſent and then grant them diſpenſations to be reſident in our Vniverſities for five or ſix years ſpace together, of purpoſe to fit them to execute their cures and diſcharge their Miniſtry ſome five or ſix yeares after their inſtitutions and inductions to their Benefices. 3ly. I dare averre, that Infants by following their ſtudies cloſe in the Vniverſity and Innes of Court during their minorities, will arre better improve themſelves to ſerve their Country in Parliament in after times when they come to yeares of full diſcretion, then by ſpending their time idlely in the Houſe, where they commonly ſit like Cyphers with out ſpeaking or obſerving ought that is materiall, which takes them oft from their preſent ſtudies, and bladders them with ſelfe-conceits of their owne ſuperlative worth, & abilities. 4ly. Admit the Objection true, yet the prejudice and diſhonour the Kingdome, whole Parliament ſhall undergoe by the permiſſion of ſuch unable Members, is no wayes recompenced, by that little wiſdome or experience which two or three Infants may poſſibly gaine by being Members for the preſent, who happily may never live to ſerve in future Parliaments, or prevatica…e in this. 5ly. The argument drawne from Peers eldeſt ſonnes admiſſion into the Houſe of Peers, as Auditors only, not Members, is as ſtrong an argument as poſſible againſt the Objectors, they being permitted (like the * Alexander abAlexand. l. 3. c. 10.Sons of ſome of the cheife Roman Senators of old to come into the Senate) not as Peers, Members, Voters, but Auditors or ſpectators only. Therefore the ſelfeſame Law and reaſons which exclude Infants 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 th… *See Cooks 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 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, NOTE.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,[*] See Cooke 8. Report. f. 41 42. & 9. Rep. 4…. 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 *Cookes 4. Inſtit. p. 10. & 2. Inſtit. p. 169moſt 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.
End of the text · William Prynne, Minors No Senators (1646)