Minors no senators. Or A briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of Parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole Parliament and Kingdome, in sundry respects. / Written by a common-lawyer (a true lover of his country, and honourer of the Parliament) to a friend and client of his, for his private satisfaction, and published for the common-good.

Minors, no Senators, OR A Briefe Discourse against the Election, Admission, and Permission of any INFANTS under the Age of 21. Yeares, to be Members of PARLIAMENT.

SIR;

WHereas you have requested me to deliver my opinion in point of Law concerning this question now in controversie.

Whether an Infant under the age of one and twenty ye••••es be Capable of being a Member of Parliament? And whether his Election be not meerly voyd in Law?

I conceive the finall resolution of this Quere, belongs only to the Houses of Parliament,a The proper Iudges of their own respective Priviledges, Members, and of the Legallity or Nullity of their Election••; Yet notwithstanding since every Lawyer, may without breach of Priviledge of either house, declare, what hee believes the Law to bee in any disputable point that concernes Elections or Members; the Committee of Priviledges in all Parliaments, admitting Lawyers (some of the most necessary, usefull, active, able Members in a Parliament, whatsoever some Ignoramusses have lately scribled, to the contrary, as experience manifests) to debate all questi∣ons 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 with∣out any scruple freely and impartially to deliver my Judgement touching the propounded Quere, with all humble submission to the Parliament, (the pro∣per 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 theb 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 Nulli∣ties 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 In∣fants 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, andc unalterable but by Parliament, fur∣nisheth 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 witd De quibusdam arduis & urgentibus negotijs Statum & Defensionem Regni Ang••••a & Ecclesiae Anglicanae concernentibus. And Infants certainly are un∣capab••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 elect∣ed. e Elogi facias duos Milites gladijs ••inctos, MAGIS IDONEOS ET DISCRETOS, & de qualibet Civitate Com. praedict. duos Cives, & de quolibet Burgo Duos Burgenses DE DISCRETIORIBUS ET MAGIS SVEFICI∣ENTIBUS 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 virtu∣te hu••us Brevis quod de eodem Burg•• Elegi facerent duos Burgenses DE DIS∣CRETJOR BUS ET MAGIS SVFFIENTI••VS, &c. Now I would demand of any rationall man, Elector, or Member of Parliament, whether he believes in his conscience, that in the judgement of common reason, Law, the compilers or issuers of this Writ for Elections, Infants, who hav••f not arrived at the yeares of full, of ordinary discretion, and are so indiscreet in judge∣ment 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 Coun∣ty, OR THE MORE DISCREET AND SVFFICIENT PERSONS; that can be culled out to serve as Citizens, and Burgesses for any City or Bur∣rough? Certainly they are so far from being the most discreet persons that the g Law [and Gospel to] resolves, they are within the years of perfect discretion, the most indiscreet of all others, not able to dispose of their own private estates: yea so far from being the most sit persons to be Judges, or councellors in this supreame Court, that they can neither be Stewards, Judges, Attorneys, nor Of∣ficers 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 inten∣ded, 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 e∣lected Knights, Citizens, and Burgesses of Parliament, even such only, Qui

plaenam & sufficientem Potestatem PRO SE ET COMMVNITATE Civi∣tatum & Burgorum pradict: AD FACIEDVM ET CONSE••T I••N∣DVM HIS, quae tunc ibidem de communi consilio dicti Regni nostri super ne∣gotijs 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 Eng∣land which shall be ordained by common consent in Parliament? doubtles not▪ Our common Law resolves,h that Infants have no full power to do or con∣sent 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 ofi Error, or an Audita Quarla by the Common-Law, during their Mi∣norities.

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 ofk Dum fuit infra aetatem: yea, their assents are meerly void in Law, not binding themselves, as our Law-books resolve. Vpon which very reason M. 11. E. 3. Assise: 87. It was resolved, that if one enter upon the free∣hold of an Infant with his assent, this is a disseisin, because an Infant cannot con∣sent to an entry. And if he cannot consent fully for himselfe, much lesse for others being unable to be anl 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 pur∣port of the Writ of Election; And so in all these respects, such Infants Electi∣ons 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 af∣faires therein debated, transacted, resolved, settled.

First the high Court of Parliament is them 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 determi∣ned, 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 an Bayliffe nor Receiver (for want of skill and ability in intendment of Law to make any improvement or profit of lands or goods) nor yet sworne at all in any Inquest as a Juror; The reason is, because,o Jurors are Judges of all matters of f••ct, which Infants have no competent knowledge, ex∣perience

or Judgement in eye of law to determin or Judge a right of any mat∣ters 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 man∣ner, 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, Auditorp or but an ordinary Attorney, and the like, where the meanest businesses between man and man are tran∣sacted; much more is he uncapable of being a Judge, in Parliament, the su∣prem••st Court of Justice, where the most difficult businesses, the most weigh∣tie publike causes areq finally examined, debated, iudged without any fur∣ther 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, nei∣ther 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. In∣stitutes fol. 19. and 41. Nay, if the King himselfe be an Infant, [as King Hen∣ry the 3d. Rich. the 2d Hen. 5. Hen. 6. Edward 5. & 6. and some others of our Kings were] ther Parliament hath in such cases, usually created a L. Protector over him, in nature of a Guardian, to supply his place in Parliament, to give his Royall assent to Bills; and execute that Royall Authority which himselfe by rea∣son of his Infancy is unable to discharge; That ofs 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 them∣selves 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 be∣ing Members of the House of Commons, where theyt represent whole Coun∣ties, Cities, Burroughs, yea the Commons of all England, and Vote and judge in their behalfe.

Secondly, As the Parliament is the Supreame Court, so theu Greatest Councell of the Kingdome. Hence it is usually stiled in our Ancient Writers, (especially before the Conquest)x Concilium SAPIENTUM, ore SA∣PIENTUM POPULI▪ Concilium SENATORUM, SENIO∣RUM 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;

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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 infor∣mer ages; why then should they be deemed fit Members now? when grea∣ter, weightier businesses of all sorts concerning Church and State are imagi∣tation, then in any former age whatsoever, or all our Parliaments put toge∣ther? 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 ei∣ther 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 Councel∣lours of State? for their Councell of Warre, Law, Physicke? Or were ever any such elected to be Members of any Convocation, Synod, Councell? our x present Laws, and Ancient Canons prescribe, that no man shall bee made a Minister before the age of 24. yeares; much lesse then can bee a Member of any Synod or Convocation, before that age: And shall Infants then bee ca∣pable 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 solecis∣me, disparity, absurdity. Every Senater and Member of the greatest Coun∣cell of the Realme (asz Polititians, and others resolve] ought to be endued with these severall qualifications to discharge that place, which Infants com∣monly 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 af∣faires; Now what Infant is there to bee found endowed with all these quali∣ties 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 easi∣ly resolve, that they are too ••igh, weightie, difficult for Infants to debate, or∣der, as determine aright: As namely▪

a First, All matters touching the King, his Prerogative, Crown, Reve∣newes. Secondly, All matters concerning the State of the Kingdomes of England, and Ireland, as well in times of Warre as Peace. Thirdly, All af∣faires 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 mat∣ters

concerning the Courts, Officers, and administration of Justice. Se∣venthly, All things concerning trade, commerce, the severall arts and pro∣fessions of all sorts of men. Eighthly, Crimes, grievances▪ oppressions of all sorts. Ninthly, The liberties, properties, estates, lives, limbes, of all the peo∣ple. Tenthly, The Priviledges of this high Court, and of the Members ther∣of; 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 intri∣cate, difficult, ponderous, dangerous, arduous and transcendent, as I am confi∣dent all that know them will conclude, they transcend the capacity of any In∣fants 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 capaci∣ties, 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 ourb Parliaments themselves have in all ages provided and taken spe∣ciall 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 discre∣tion 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 admit∣ting 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 eve∣ry 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, dis∣creetest Senators, and Elders of our Realme.

2ly. It is of very dangerous consequence for Infants to be admitted Mem∣bers, especially in these times of greatest consultation, action, danger, and re∣formation. For first, if any one Infant may de jure be a Member of Parlia∣ment 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 anci∣ent••y stiled; we shall have Parliamentum Puororum, Senatus Infantum, a Par∣liament of Children, a Senat of Babes, if all Cities, Burgesses, were so Childish so foolish, and injurious to the publike in their elections of such, as som [through the importunity of friends] have bin. Now how dangerous this may prove to the Kingdom, let all wise men judge, by the example of King c Rehoboams young Counsellors, who discontented his people and lost his Kingdom.

3ly. Admit the Commons House should determine, how many Infants they would allow to be Members, (perhaps not above five or six to prevent this inconvenience) yet the mischiefe and danger of admitting so few may prove very great, not only in regard of the illnesse of the President in these signall times of Reformation, but of the probable dangerous consequences of it. It was a prudent speech of a blunt Burgesle when he was solicited to give his voyce for a young novice; This is no Parliament to enter whelps in, therefore we must think of som graver person. Verily there are so many weighty & difficult debates almost every day in the House of matters of highest concernment, wherein the House is oft divided in their Votes, that two or three Infants misguided voyces, for want of judgment to vote a right, may infinitly pre∣judice, endanger our three whole Churches, Kingdomes in a moment, es∣pecially, 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 (asd Bodin truly informat us) upon this consideration. That the Councell of young men [especially of In∣fants] though never so wise, vertuous and discreet, will never be so readily entertai∣ned, 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 intro∣duced 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, Go∣vernours 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 dan∣gerous 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 Abili∣ty, who perchance will tacitly deem it no small disparagement, if not injury and folly for them, to submit their Lives, Liberties, Estates, Lawes, and consci∣ences 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 e∣vill savour o•• contempt, disobedience, disrespect, the apprehention of a lit∣tle folly in some Infant Members may draw upon the whole Parliament, [their Ordinances and proceedings,] though otherwise in great reputation for wis∣dome and honour.e Cicero defined the Roman Sonate to bee, the Oracle of the whole City. And ••liny resolves;f It is a wicked Act to goe against the Au∣thority of the Senate. It therefore behooves all Freeholders, Citizens and Burgesses of the Realme to take speciall care, that they elect not, and the Ho∣nourable Houses that they admit not any unfit Members, whose illegall pre∣sence or Votes therein may derogate in the peoples Opinions from their in∣comparable wisdome, or irresistable Authority.

Fifthly, It is mischievous in this, that as it opens the mouthes of Roya∣lists, Papists, Malignants, Sectaries, and the Prelaticall party to Re∣vile, Calumniate, censure, vilifie, not only the new Recruits, Votes, Ordi∣nances, 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, Sta∣tutes, 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 timeg the great Charter of the Forrest (though confirmed in Parliament) upon this pretext, that he was a Minor under the Age of 21. when he first gran∣ted 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 otherh slight pre∣tences 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 o∣thers 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 ouri 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. Butk our Law-Books all resolve, that an Infant cannot be fined, amerced, or imprisoned for any Laches, default, absence or negligence, be∣cause he is not of full discretion: Therefore he cannot be a Member of Parlia∣ment by the expresse resolution of these Authorities and this statute; even for this very mischiefe, because he cannot bee amerced imprisoned or puni∣shed, as other Members are and ought to be, in case of absence, or undue de∣parture rom the Parliament.

Sixthly, Admit the forementioned mischiefes should all prove but contin∣gent, 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, experi∣enced. 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 sot∣ishnesse of people in resigning up their Lives, Liberties, Estates, Laws, Re∣ligion, 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 Practi∣tioner 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 Par∣liament, 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 Com∣manders to bring them off with safety? Certainly if they doe it not, the E∣lection 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 Monopo∣lists) 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 extraordina∣ry 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 Domi∣nions 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 mat∣ters 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 ex∣perience? To prevent therefore this dishonour abroad, and the scoffs of Royalists and Malignants at home (who jeare us with these Childish In∣fant 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 Se∣nate 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 Offi∣cers 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 Israell 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 threat∣ned by God, as the s••arest Judgment of any. Hence is that expression of the Pro∣phet, 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 termedm OLD MEN; who gave him ve∣ry 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 El∣ders, 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 then marginall Authors testifie; their Senators being ••tate graves, specta∣taeque probita is.

The 3d president is theo Laced••monian Senate, which consisted of 32. an∣cient men, into which none were admitted unlesse they were above sixtie yeares old.

The 4th. thep Bythinians, who admitted no man into their Senate un∣lesse he were thirty yeares old at least.

The 5th. theq Athenians▪ who permitted none, but those who were fiftie yeares old, to consult of that which should be good & profitable to the Commonweal••.

The 6th. is that of Solon, who forbad any young man to be admitted into the Senate, seemed he never so wise; Lycurgus before him having composed the Senate of the elder sort.

In few words,s Iohn Bodin informes us, that the Greeks and Latines com∣posed their Senate of Seniors, or aged men, as being the wisermen, and men of grea∣test experience. And that not only the Greeks and Latines have given this pre∣rogative unto the aged, to give Councell unto the Common weale, but also the Ae∣gyptians, Persians, and Hebrewes, who taught other people well and wisely to go∣vern their estates; for that by presumption the Elders are wiser, of better under∣standing, 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 altoge∣ther injurious and absurd. Therefore there is no reason why our Parliament and great Senat should admit of any such Infant Members among them.

I shall conclude with the opinion and resolution of reverend and learned Sir Edward Cook (the oldest and best experienced Parliament man in this age) who in his 4. Institutes printed by Authority of Parliament: Ch. 1. f. 46. 47. under this Title; Who be eligable to be a Knight, Citizen or Burgesse of Parliament? resolves thus, One under the age of 21. years IS NOT ELI∣GIBLE, neither can any Lord of Parliament sit there untill he be of the full age of 21. years. A punctual Resolution in direct termes.

Having thus given you a briefe Account of the reasons of mine Opinion concerning the Question propounded, I shall in the next place returne a short Answer to some Objections; and so conclude.

The 1. Objection is this: That the Election of Knights, Citizens, Bur∣gesses, 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 li∣berty 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. Theyt 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 un∣capable. 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, Bur∣roughs 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 un∣fitting and illegall Members, as well as Projectors, Monopolists and Ma∣lignants as unworthy ones.

3ly I dare confideutly affirme, that no Cittie, or Borough did ever free∣ly of their owne accords make choice of any VVard, or Infant to serve in Par∣liament 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 o∣ver-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 pri∣vat respects as these, should defraud the Parliament and whole Kingdome of the choice of abler Members; sinceu 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 In∣terests do most apparent wrong which the House hath power to right, else we might have our Parliament stuffed with Infants, Malignants, &c. if people be so foolish to Elect them in all places, as they have beene insome.

The 2d. Objection is this. That some Infants under the age of 21. have bin permitted to sit as Members in former Parliaments: Therefore by like reason they may be admitted in this upon our new Elections.

I Answer, First, that no Infant ought de jure to sit in any Parliament as I have manifested; therefore not in this. 2ly. None ever sate in former Par∣liaments 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 compri∣mised 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. ••. be∣cause 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, endeavou∣red 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, un∣worthy Members, in this, then in any Parliament in former ages, and there∣fore 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 electi∣ons, Members now, by Malignants, Royalists, Prelates, then to any Members, Elections in former ages; Therefore the House should bee more carefull what Members they now admit, then they were in former times, when there were no such unhappy divisions betweene the King & Parliament as now.

The 3d. Objection is this: That the Infants in the House are not many, and they are led by the Votes of wiser and more able Members; therefore the danger is not great.

I Answer, 1. That if no Infant be capable of being a Member, then none ought to be admitted, be they many or few. 2ly Though they be but few for the present, yet there may be more hereafter elected, there being new en∣deavours to bring in more. 3ly. One or two in judicious Infant Members Votes in matters of momen••, when the House comes to bee devided, may prove very dangerous. 4. Every Parliament man ought to Vote according to his owne judgment not anothers only, and it is very dangerous for any to Vote with such and such persons only in the House, and to make their Votes the sole ground of their concurrent Ay or No; is the high way to factions.

The 4th. and principall Objection is this: That it will be both conve∣nient and expedient that young Gentlemen under age of Honourable Fami∣lies should be Members of Parliament during their Minority, the better to enable them to serve their Country therein, when they come to r••per yeares it being the best Schoole of Experience to educate, to improve young Gentlemen and sit them for publike Action: Vpon which ground the eldest Sons of Peeres are admitted to sit in the Lords House and heare their de∣bates, to enable them the better to serve the Kingdome when they come to be Peeres; and former Parliaments have connived at Infants being Elect∣ed Members, and at their sitting in the Commons House.

I Answer, 1. That this Argument is a meere fallacy if examined: For though most Members of Parliament, as well old as young may learne much knowledge and experience by sitting there, (as all Judges, or other Officers do by sitting in Courts of Iustice, and execu••ing their places) yet they learne it

not as Schollers or Auditors in a Schoole, but as Iudges and Councelors of state, in the supreamest Court and Councell of the Kingdome; to discharge which trust, they must have some competent abilities of wisdome and expe∣rience requisite for Iudges and Councellors of state, (which Infants want) before they can be admitted Members into this highest publike Schoole, into which none ought to be elected, but such wise men, who know both times, Law, and Iudgment: Esth. 1. 13. especially in such times as these. 2ly. It is an absurdity, if rightly stated▪ implying, asserting, that Infants may be elected to sit and Vote as Members in Parliament for the present, to enable them to be s••t Members in it for the future though unsitting for the present; when as in truth, none should be chosen to such a place of publike t••ust but those alone who are able and sit to discharge it at the very instant when they are elected, Is any Father, Schoole-Master so inconsiderate or absurd, to send his Son or Scholler to the University, before he be fit for a Grammer-Schoole, the bet∣ter 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 to∣gether, of purpose to fit them to execute their cures and discharge their Mi∣nistry 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 pre∣judice 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 Ob∣jectors, they being permitted (like the Sons of some of the cheife Roman Senators of old to come into the Senate) not as Peers, Members, Voters, but Au∣ditors 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•• And because Elections ought to be free, the King com∣mandeth upon great forfeiture, that no great man nor other by force of A••mes or menacing, shall disturb any free Election to be made, ••ith this ••••st excellent Law concerning the Election of Justices, & other inferior Offic••rs, to be strictly observed in point of Parliamentary elections, both in reference to the Electors, and persons Elected, to wit 12. R. 2. c. 2. It is accorded that the Chancellor, Treasurer, Keeper of the Privy-Seale, Steward of the Kings House, the Kings Chamberlaine, Clerk of the Rolls, the Justices of the one Bench and of the other, Barons of the Eschequer, and all other that shall be called to 〈◊〉〈◊〉, name or make Iustices of Peace, Sheriffs•• Escheators, Customers, Controlers, or any other Officer or Minister of the King▪ shall firmly sweare, that they shall not ordaine, nam•• or make Iustice of Peace, Sheriffe, &c. for any gift, brocage, favour, affection, nor that none which pursueth by him, or by other privily or openly to be in any manner office, s••all be put in the same Office or in any other, but that they make all such Officers and Ministers OF THE BEST AND MOST LAWFVLL MEN, AND SVFFICIENT to their estimation and know∣ledge. 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 Solici∣tor and stickler at most of our late Elections [Mr. Hugh Peter,] a great deale of unnessary un••itting paines, solicitation, and abuse of the Pulpit, to the peoples great disgust, for his owne private luchre & advaucing the designes of his party, so it would certainly prevent al undue Elections of Infants and unworthy Members, ••ll the House with the ablest, lawfullest most suffi∣cient 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 so∣licitation 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, disho∣nour, 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.

Notes

• a

  Cookes 4. Institutes, p. 15 to 20.
• Englands Birth-right Advertisments for the Electi∣on of Burges∣ses, confuted by Master Cooke.
• b

  Littleton sect. 103. 104. 110. 259. and Cookes Insti∣tutes, Ibidem. Glanu: l. 7. c. 3 Ploudens com: f. 267. See Brook's Abrid∣ment, & Fitz. Tit. Cover∣••••re, Enfant, No••hability.
• c

  Cookes 4. I••stit. p. 10. 4•• 7 H. 4. c. 15. 8. H. 6. c. 7.
• d

  Cromp∣tons Iurisdicti¦ons of Courts, f. 2. 3. Cooks Instit on Lit. f. 110. his 4th. Institute, p. ••.
• e

  Crompton and Cook qu••
• (d) Dyer. fol. 60. a••el est in∣tend des ••outs homes queils sont les plus Sages et dis∣creet persons Deins le Realme.
• f

  Littleton sect. 103. 104. 110. 269.
• g

  Cooks In∣stitut. on Little¦tons. 3.
• 1 Cor. 13. 11.
• h

  Littleton Sect. 259. Fitz. Abridg. Tit. Enfant. & Brook. Tit. co∣verture.
• 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 Que∣rela 26. 27. 35.
• k

  Littleton Sect. 406. 4••6. Brook Dum fuit infra aeta∣tem.
• l

  1. H. 5. 6. Fitz. ••••••ant. 3 21. E. 4. 18.
• m

  Cooke 4. Instit. ••. 1.
• n

  Se 13. E. 3 Enfant. 9. 1 E. 2. Account 121. 21. E. 3. 8 10. H. 4. 14. 2. H. 4. 13. 26 E. 3. 63. b. 27. E. 3. 77. a. 29. E. 3. 5. a.
• o

  Cookes In∣stit. on Littl. f. ••55. See Kitch∣ing 41▪
• p

  In H. 5. 6. Fitz: Enf. 3. 21 ••. 418. Br. coverture. 55.
• q

  See the Soveraigne Power of Par∣liaments, part 1 p. 34 39, 46. Sir Thomas Smith his Common Wealth of England, l. 2. cap. 1. 2. Cooks 4. Institut. ••. 1.
• r

  See the Soveraigne power of Par∣liaments, part 1. p. 50, 51. part 2. p. 56. 57, 65, 67, 71
• s

  Rom: Hist. l. 24. sect. 4. p. 517.
• t

  Cookes 4. Institut cap. 1.
• u

  Cookes 4. Institut cap. 1.
• x

  Beda Eccl. Hist l. 3. c. 5. 12 13, 14. Hen: Hunting. Hist. l. 3. 5. Matth. west. An. 905. Wil. Malmes: de Gest: Pont. Angl. l. 2. c. 13. Houed: p. 427 Flor: wigo••∣niensis. An. 977. Antiqu. Eccl: Bri••. p. 19 20. 59. 60. Lam. Archaion Seldens Titles of Hon. p. 63•• Cooks 4. Insti. p. 2. Spelman concil: p. 182. 183. 219. 293. 300. 301. 334. 335. 375. 387. 390. 408. 419. 424. 494. 510 513. 534. 559. 552. 566.
• x

  19. H. 6. 13. Issue 67. 13. Eliz. c. 12.
• (y) See Truth triumphing over Falshood, &c.
• z

  Bodins Common-Weale▪ l. 3. c. 1. Cookes 4. In∣stitutes, cap. 1.
• a

  See Cooks 4. Instit. c. 1. Beam, l. 3 c. 1. Sir Th. Smiths Common-Wealth of England, l. 2. cap. 1. 2. Vow∣els Order and Vsage how to keep a Parlia∣ment. Camb∣d••ns Brit. pag. 173. The So∣veraign power of Parliaments and Kingdoms
• b

  9. H. 3. c. 20. H. 3. c. 6. 7 52. H. 3. c. 17 3. E. 1. c. 21. 13 E. 1. c. 34. 15. 16. 14. E. 3. c. 13. 18. E. 1. of fines. 1. R. 3. c. 7. 4. H. 7. 124. 21. Ian. c, 16. See Ashes Tables Enfant 33. 32. H. 8. E. 2.
• c

  2. Chron. 10
• NOTE.
• d

  Common∣weale l. 3. p. ••55.
• e

  Se••at•••• t••tius Or••••••∣lum Civitati•• De Oratore, lib. 2.
• f

  Nef••s est adversus auct∣ritatum Se∣natus tendere Rom. Hist. l. 5.
• g

  Matthew Paris, Anno 226. p. 324. 325. ••••niells Hist. p. 151. 152
• h

  See 15. E. 3. Stat. 2. 11. & 21. R. 2. cap. 12. 1. H: c. 2. 3. 4. 31. H. 6. cap. 1. 17. E. 4. cap. 7.
• i

  3. E. 3. 19 Cookes 4. Insti∣tutes, p. 15. •••• 20. 38, 39. Fitz: C••••••n••: 16••,
• k

  C. 8. Rep: 66, c. 3. E. 3. Fitz: Enfant 14. 14. Ass 17 43. Ass: 45. 17 E. 3. 75. Fitz: Dam∣mages, 127. Imprisonment 8. ••0, 16, 17.
• l

  Deutr. 27. 1 c. 29. 10. c. 31. 9 28. Judg. 21. 16. 2 Sam. 3. 17. c. 5. 3. c. 17 4. 1 Kings. 8. 1. 3. c. 20. 7. 8. c. 21. 11. 2 Kings 23. 1. 1 Chron. c. 11. 3. c. 15. 25. •••• 21. 16. 2 Cron. 34. 29. Ezec. 20. 1. 3. Iob. 2. 16. Mar. 15. 1. Math. 16. 11.
• m

  2 Chron. 10. 6. & 13. 1 Kings 12.
• n

  Alexander ab Alexandrol. 4. c. 10 Marti∣nus Phileticus in Cic. l. 1. Ep. fam. 1.
• o

  Alexander ab Alexand. l4. c. 11
• p

  Alexander ab Alex. ibid.
• Goodwins Ro∣man Antiqui∣ties l. 3. c. 3:
• q

  Bodins Co∣mon-weal•••• l. 3. c. 1. p. 256.
• s

  Common∣weale l. 3. c. 1. p. 255. 256
• [r] Bodin ibid.
• NOTE.
• Object.
• 〈◊〉〈◊〉.
• t

  1. 〈◊〉〈◊〉, 5, c. 1. ••. H. 6. c. 7 Cookes 4. In∣••••it. p. 47
• u

  Cookes 4. Instit. p. 14.
• Object. 2.
• Answer
• See Cooke 9. Rep. f. 49.
• Object. 3.
• Answer.
• Object. 4.
• Answer.
• See Cookes 8. Rep s. 41. b. 42.
• * Alexander ab∣Alexand. l. 3. c. 10.
• See Cooks 2 Instit. p. 168 169.
• NOTE.
• [*] See Cooke 8. Report. f. 41 42. & 9. Rep. 4••.
• Cookes 4. Instit. p. 10. & 2. Instit. p. 169