Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	justice_n	writ_n	1,630	5	9.1550	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91218	Minors no senators. Or A briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of Parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole Parliament and Kingdome, in sundry respects. / Written by a common-lawyer (a true lover of his country, and honourer of the Parliament) to a friend and client of his, for his private satisfaction, and published for the common-good.	Prynne, William, 1600-1669.	1646 (1646)	Wing P4008; Thomason E506_33; ESTC R205590	20,692	18

MINORS NO SENATORS Or A Briefe Discourse proving That INFANTS under the Age of 21. yeares are uncapable in point of Law of being Members of Parliament and that the Elections of any such are meere Nullities Yea injurious prejuditiall dishonourable to the whole Parliament and Kingdome in sundry respects Written by a Common-Lawyer a true lover of his Country and Honourer of the Parliament to a Friend and Client of his for his private satisfaction and published for the Common-good Job 12. 12 12. With the ancient is wisdom and in length of days is understanding With him is wisdome and strength he hath Councell and understanding Galath. 4. 1 2. Now I say the Heire as long as hee is a Child differeth nothing from a servant though he be Lord of all but is under Tutors and Governours untill the time appointed of the Father Isay 3. 1. 2 3 4. For behold the Lord of Hosts doth take away from Jerusalem the stay and the Staffe the prudent man and the Ancient the Honourable man and the Councellor and the Eloquent Orator And I will give Children to be their Princes and Babes shall rule over them And the People shall be oppressed every one by another c. 1 Cor. 13. 11. VVhen I was a Child I spake as a Child I understood as a Child I thought or reasoned as a Child but when I became a man I put away Childish things Chrysostom Hom. 4. in 1 Cor. cap. 1. Non ferunt Pueri ut de ulla re utili curam gerant sape autem cum nos loquamur de rebus necessarijs eorum quae dicuntur nihil sentiunt Printed at London Anno 1646. Minors no Senators OR A Briefe Discourse against the Election Admission and Permission of any INFANTS under the Age of 21. Yeares to be Members of PARLIAMENT SIR WHereas you have requested me to deliver my opinion in point of Law concerning this question now in controversie Whether an Infant under the age of one and twenty ye●●es be Capable of being a Member of Parliament And whether his Election be not meerly voyd in Law I conceive the finall resolution of this Quere belongs only to the Houses of Parliament a The proper Iudges of their own respective Priviledges Members and of the Legallity or Nullity of their Election● Yet notwithstanding since every Lawyer may without breach of Priviledge of either house declare what hee believes the Law to bee in any disputable point that concernes Elections or Members the Committee of Priviledges in all Parliaments admitting Lawyers some of the most necessary usefull active able Members in a Parliament whatsoever some * Ignoramusses have lately scribled to the contrary as experience manifests to debate all questions concerning Elections of Members before them by the rules of Law and right reason and that Committee with the whole House of Commons alwayes Voting Elections good or bad by these very Rules I have adventured without any scruple freely and impartially to deliver my Judgement touching the propounded Quere with all humble submission to the Parliament the proper Judge thereof and the opinions of more able Lawyers then my selfe For mine own opinion in this point I am really perswaded That Infants under the Age of twenty one yeares which the b Law resolves to be their full age when they come to full discretion are altogether uncapable of being Members of the Commons House and that the Elections of such Members are meere Nullities in Law The reasons swaying mee to this opinion are various weighty and I thinke unanswerable I shall reduce them to these foure heads 1. Reasons extracted out of the very bowells of the Writ it selfe for the Electing of Knights Citizens and Burgesses 2. Reasons taken from the very Nature of the High Court of Parliament both as it is the highest Court of Justice and greatest Councell of the Realme and from the importance of the publike affaires therein transacted 3. Reasons from the inconveniencies that may arise from admitting Infants competent Members of this supreame Court and Councell 4. Reasons from Presidents of Forraign Senates Parliaments Councels appliable to our owne great Councell and one expresse printed authority First the writ it selfe for electing Knights and Burgesses which is very ancient approved by all Par●iaments and c unalterable but by Parliament furnisheth me with three Arguments against the Election of Infants and their incapability of being Members of Parliament The first of them is couched in this clause comprizing the subject matter for which Parliaments are summoned to treat and consult about to wit d De quibusdam arduis urgentibus negotijs Statum Defensionem Regni Ang●●a Ecclesiae Anglicanae concernentibus And Infants certainly are uncapab●e for want of Judgment experience wisdome Learning to debate and determine such arduous urgent grand affaires concerning the safety the defence both of the Rea●me and Church of England since in Judgment of Law they are uncapable to mannage their owne private Estates as I shall more ful●y prove herea●ter Therefore not capable to be elected Members of this supreamest Councell of the Realme The 2d is more transparent and positively expressed in these ensuing words of the Writ which thus describe the quality of the persons to be elected e Elogi facias duos Milites gladijs ●inctos MAGIS IDONEOS ET DISCRETOS de qualibet Civitate Com. praedict. duos Cives de quolibet Burgo Duos Burgenses DE DISCRETIORIBUS ET MAGIS SVEFICIENTIBUS Eleg● facias In relation to which clause of the writ the Sheriffes and Majors use to make this forme of Returne Virtute ●stius Brevis feci cleg● duos Milites MAGIS IDONEOS ET DISCRETOS c F●ci etiam Praeceptum virtute hu●us Brevis quod de eodem Burg● Elegi facerent duos Burgenses DE DISCRETJOR BUS ET MAGIS SVFFIENTI●VS c. Now I would demand of any rationall man Elector or Member of Parliament whether he believes in his conscience that in the judgement of common reason Law the compilers or issuers of this Writ for Elections Infants who hav● f not arrived at the yeares of full of ordinary discretion and are so indiscreet in judgement of Law that they are uncapable to manage or dispose of their owne private estates and therefore are in ward to others can possibly be deemed THE MOST FIT AND DISCREET MEN to be e●ected Knights in any County OR THE MORE DISCREET AND SVFFICIENT PERSONS that can be culled out to serve as Citizens and Burgesses for any City or Burrough Certainly they are so far from being the most discreet persons that the g Law and Gospel to resolves they are within the years of perfect discretion the most indiscreet of all others not able to dispose of their own private estates yea so far from being the most sit persons to be Judges or councellors in this supreame Court that they can neither be Stewards Judges Attorneys nor

Officers in any Court of Law or justice so far from being the most sufficient men to wit for wisdome skill experience judgement the sufficiency here intended that they are the most insufficient of any nnlesse all the whole County City or Borough which elected them be Fooles Children or more indiscreet then those very Infants they chuse to serve in Parliament as most discreet and sufficient persons There is yet a third clause in the Writ discribing what persons must be elected Knights Citizens and Burgesses of Parliament even such only Qui plaenam sufficientem Potestatem PRO SE ET COMMVNITATE Civitatum Burgorum pradict AD FACIEDVM ET CONSE●T I●NDVM HIS quae tunc ibidem de communi consilio dicti Regni nostri super negotijs ante dictis contigerint ordinari Ita quod pro defecta potestatis hujusmodi seu propter improvidam electionem Civium ac Burgensium pradictorum dicta N●gocia infecta non remaneant quovismodo Now are Wards or Infants under the age of 21. years such persons as these Have they or can they have any full and sufficient power for themselves or for the Communaltie of the Counties Citties or Burroughs for which they serve to do and consent to those things concerning the arduous and weighty affaires of the Church and state of England which shall be ordained by common consent in Parliament doubtles not Our common Law resolves h that Infants have no full power to do or consent to any thing for themselves If they Levy a Fine acknowledge a statute or recognisance which are matters of record they may avoyd them by a Writ of i Error or an Audita Quarla by the Common-Law during their Minorities Their feofments Gra●ts Releases are all either void or voidable as will at their full age as before and that not only by themselves but their heirs to by entrie or a writ of k Dum fuit infra aetatem yea their assents are meerly void in Law not binding themselves as our Law-books resolve Vpon which very reason M. 11. E. 3. Assise 87. It was resolved that if one enter upon the freehold of an Infant with his assent this is a disseisin because an Infant cannot consent to an entry And if he cannot consent fully for himselfe much lesse for others being unable to be an l Attorney or Proxy to assent for others in any Court of Iustice much more then in a Parliament the supreamest Court Therefore for defect of such a power and by reason of such an improvident Election of Infant-Citizens and Burgesses the affaires of the Realme must needs remain altogether or in a great measure unfinisht contrary to the purport of the Writ of Election And so in all these respects such Infants Elections must needs be meerly void in Law My second sort of reasons shall be drawn from the nature of the High Court of Parliament it selfe as it is the supremest Court of Iustice the greatest Councell of the Kingdom and from the consideration of the great publike affaires therein debated transacted resolved settled First the high Court of Parliament is the m most absolute and supreame Court of Justice in the Realme wherein the Judgements proceedings of all other Courts Civill Ecclesiasticall or Marine are examined finally determined confirmed or revoked without any further Appeale if then an Infant be uncapable of being a Judge either of matters of fact or Law in any iuferiour Court of Justice much more then in this supreame Soveraigne Court which control's all others Master Lit●leton in his Chapter of Parceners Sect. 259. and Sir Edward Cooke in his Institutes on it f. 155. 172. 175. resolve That an infant before the age of 21. cannot be a n Bayliffe nor Receiver for want of skill and ability in intendment of Law to make any improvement or profit of lands or goods nor yet sworne at all in any Inquest as a Juror The reason is because o Jurors are Judges of all matters of f●ct which Infants have no competent knowledge experience or Judgement in eye of law to determin or Judge a right of any matters comming juditially before them therefore are not such legales homines as the Venire requires M. 40. 41. Eliz. B. Rs. in a case betweene Scambler and Walkers reported in Sir Edward Cookes Institutes on Littleton fol. 3. B. it was resolved That an Infant is altogether uncapable of a Stewardship of a manner in possession or reversion or of any Office which concerns the administration or execution of Iustice or the Kings Revenew or the Common wealth or the interest benefit or safety of the Subject because the Law intends hee wants both skill and judgement juditially to mannage either of them If then an Infant be utterly uncapable of being a Judge Officer or Executioner of Justice in a Court Baron Leet or in any the most inferiour Courts or of being a Justice of Peace Major Bayliffe Sheriffe Auditor p or but an ordinary Attorney and the like where the meanest businesses between man and man are transacted much more is he uncapable of being a Judge in Parliament the suprem●st Court of Justice where the most difficult businesses the most weightie publike causes are q finally examined debated iudged without any further appeale the very judgments of the greatest learnedest Judges re-examined and oft-times reversed the very lives liberties estates of all the Subjects yea the Prerogatives Rights Revenues of the Crowne it selfe judicially determined to the Kingdomes Weale or woe Upon this very ground in the House of Peeres The King is not bound of Right to send forth his Writ of Summons to any Peere that is under Age neither doth he use to Summon such to sit as Iudges in that house though Peere by Birth But when any Peere is of all age then he ought to have a Writ of summons Ex debito justitiae not before as Sir Edward Cook informes us in his 4. Institutes fol. 19. and 41. Nay if the King himselfe be an Infant as King Henry the 3d. Rich. the 2d Hen. 5. Hen. 6. Edward 5. 6. and some others of our Kings were the r Parliament hath in such cases usually created a L. Protector over him in nature of a Guardian to supply his place in Parliament to give his Royall assent to Bills and execute that Royall Authority which himselfe by reason of his Infancy is unable to discharge That of ſ Liuy concerning Ierom the Infant K. of Syra●use who had his Protectors being true Nomen Regium penes puerum Regem regimen rerum omnium penes Tutores If then our Peeres themselves during their Minorities are thus uncapable of being Judges in the House of Peeres where they represent their own persons only and our Kings too in some respects then much more are other Infants uncapable of being Members of the House of Commons where they t represent whole Counties Cities Burroughs yea the Commons

of all England and Vote and judge in their behalfe Secondly As the Parliament is the Supreame Court so the u Greatest Councell of the Kingdome Hence it is usually stiled in our Ancient Writers especially before the Conquest x Concilium SAPIENTUM ore SAPIENTUM POPULI Concilium SENATORUM SENIORUM NATU MAJORUM ALDERMANNORUM c. and are Infants such The Members of it representing the House of Commons are commonly called Sapientes Sapientissimi viri Senatores Seniores populi ●rudentissimi viri Authoritate Scientia pollentes Conspic●i clarique Viri and are Infants such Or can they be stiled such If not then certainly they are no fit Members of such a Councell neither were they so reputed informer ages why then should they be deemed fit Members now when greater weightier businesses of all sorts concerning Church and State are imagitation then in any former age whatsoever or all our Parliaments put together Nay why should they bee deemed meete Members to sit and Vote in this greatest Councell of the Realme at this time who are not thought fit persons to bee admitted in any our most inferiour Councells authorized either by Law or custom at any time Who ever heard or saw an Infant elected a Common-Councell man in any of our Cities Corporations Fraternities Guiles much lesse a Major Alderman Master or Warden in any of them Did ever any of our Kings make choice of Infants for their Priv●e Councellours of State for their Councell of Warre Law Physicke Or were ever any such elected to be Members of any Convocation Synod Councell our x present Laws and Ancient Canons prescribe that no man shall bee made a Minister before the age of 24. yeares much lesse then can bee a Member of any Synod or Convocation before that age And shall Infants then bee capable of being Members of the supream Councell of Parliament before the age of 2● wherein all Acts Canons made in Synods or Convocations must be x ratified before they becom obligatory Certainly this would be a great solecisme disparity absurdity Every Senater and Member of the greatest Councell of the Realme as z Polititians and others resolve ought to be endued with these severall qualifications to discharge that place which Infants commonly want 1. With deepe solid wisdome and gravity 2. Sound judgement 3. Grand experience 4. Impartiall Justice 5. Inflexible undaunted courage and resolution not to be overcome with flattery or threats 6. A prudent foresight to prevent all gro●ing mischiefes 7. A competent measure of Learning and skill especially in the lawes constitutions and Histories of his owne and other States and in State affaires Now what Infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting Member for so great so publike a Councell as the Parliament to which none are to bee admitted but such who are qualified in some good measure for it Thirdly The matters to be debated and transacted in Parliament will easily resolve that they are too ●igh weightie difficult for Infants to debate order as determine aright As namely a First All matters touching the King his Prerogative Crown Revenewes Secondly All matters concerning the State of the Kingdomes of England and Ireland as well in times of Warre as Peace Thirdly All affaires which concerne the defence of the Kingdom by Sea or Land Fourthly The preservation Reformation of the Church Government disciplin of the Church of Engl. and true Religion established therein Fifthly The enacting of new Laws with the amendment or repeale of old ones Sixthly All matters concerning the Courts Officers and administration of Justice Seventhly All things concerning trade commerce the severall arts and professions of all sorts of men Eighthly Crimes grievances oppressions of all sorts Ninthly The liberties properties estates lives limbes of all the people Tenthly The Priviledges of this high Court and of the Members therof Alas what Infant yea what ancient experienced States man almost is sufficient for all these things of moment Yea if we look only upon the great arduous Ecclesiasticall Civill Millitary affaires wherein this Parliament hath spent above five yeares deliberation and debate we shall finde them so intricate difficult ponderous dangerous arduous and transcendent as I am confident all that know them will conclude they transcend the capacity of any Infants to understand much more to debate determine resolve settle in a ●ight and stable way for our Churches Kingdoms future preservation And shall we make or suffer Infants to be Members of this greatest Councell of the Realme to settle determine such difficult weighty things as these which their capacities skill abilities are unable to comprehend much lesse to resolve regulate settle Verily if we should do this I feare the whole Kingdome and Christian world would censure and condemne us as Children for it Finally our b Parliaments themselves have in all ages provided and taken speciall care of Infants educations persons estates enjoyning their Gardians others to take the care and custody of them during their minority and exempting them out of sundry Acts in cases of Lackes Nonclaime fines as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires A direct Parliamentary judgment and resolution in all ages that they are much more uncapable to order settle manage the greatest affaires of the Church State in the supreamest Court and Councell of the Realme 3ly The reasons drawne from the inconveniencies and mischiefs of admitting Infants to be Members are many First it is of one of the saddest judgments God threatens to his people That he will give them Children to be their Princes and Babes to rule over them Isa 3. 4. Eccles. 10. 16. and then what followes The people shall be oppressed every one by another and every one by his Neighbour the Child shal behave himselfe proudly against the ancient and the base against the Honourable Children are their oppressors and women rule over them O my people those that load thee cause the to erre and destroy the way of thy Paths Isay 3. 5. 12. Therefore it must needs be mischeivous and an heavy judgment to have Children and Babes in Law Members of our Parliaments which should be a Councell of the sagest discreetest Senators and Elders of our Realme 2ly It is of very dangerous consequence for Infants to be admitted Members especially in these times of greatest consultation action danger and reformation For first if any one Infant may de jure be a Member of Parliament then by consequence a second third so in infinitum till the House be filled with such for surety if one Infant be capable of being a Member then another as well as hee And if an Infant of twenty yeares then of ten twelve or lesse by like reason since if you once break the Rules of Law you can set no bounds to