The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same.

[Object. 9] Obj. 9. The next Objection, That the King's eldest Son is not yet De∣clared Prince of Wales, or Prince of the Scots.

The Original of this Title used to be given to the eldest Sons of the Kings of England, was from Henry the Third, who

gave his eldest Son Edward (who was afterward King Edward the First) on his Marriage to Elianor the Daughter of Spain, amongst other Principalities in France, England, and Ireland, likewise that of Wales, Hinc natum ut deinceps unusquis{que} Rex qui secutus est filium majorem natu principem Walliae facere consuevit. And in continuance of this Custom, Anno 1610. Prince Henry the eldest Son of King James, was solemnly created Prince of Wales by his Father. As to the Title designing the Prince of Scotland to be next Successor, or Heir apparent, it seems to have been by their Investiture of Cumberland, for saith Bucha∣nan Rer. Scot. lib. 6. p. 175. That Constantine the Third in the Tenth year of his Reign Milcolumbo proximo Regis filio Cum∣briam donavit, qui honos velut Augurium & Argumentum erat eum proxime regnaturum, Ac deinceps in proximis aliquot Regibus id fu∣isse observaturum manifesta adversus veterem Comitiorum rationem fraude, quae omnem Liberorum susfragiorum vim prope tollerit, non mi∣nus quàm Coss••à Caesaribus Designatio. Constantine the Third in the Tenth year of his Reign gave Cumberland to Malcoli••, the Son of the last King, which Honour was as it were the Inauguration or Sign of him who was next to succeed in the Kingdom, and was after observed by some of the next Kings to that end, to take away by Fraud the free Election by Parliament, no less than did the Designations of the Consuls by the Caesars; and after p. 189. he sath, That Kenneth the Third, being King by Election of the People to make the Kingdom Hereditary to his own Son Malcolm, finding it an Impediment in his way, that his Brother Duffus his Son Malcolm Cumbriae tum praefectus erat, quam Regionem Scoti beneficio Regum Anglorum it a tenebant, ut Cumbriae Praefectura velut omen Regni esset, at{que} ita jam per aliquot aetates observatum erat, was then Governor of Cumberland, which Region the Scots held by Gift from the Kings of England, to that intent that the Presidentship of Cumberland should be for a Sign who should be next Successor to the Kingdom, and so for divers Ages the same hath accordingly been observed, he to in∣herit his own, Poisoned his Brother's Son, and p. 190. he saith, Milcolumbus regis filius in natura adhuc, ad rerum admi∣nistrationem aetate & Cumbriae praefectus et princeps Scotorum est Declaratus, quod nomen perinde est Scotis at{que} apud Gallos Delfinus, apud priores Romanorum Imperatores Caesar apud posterio res Rex Romanorum, quibus omnibus Successor superiori Magistratui dari

intelligitur. Malcolm the King's Son in an unripe Age for Pub∣lick Affairs, is declared President of Cumberland, and Prince of the Scots, which Name is with the Scots Equipollent to the Daul∣phin amongst the French, to Caesar amongst the Ancient Ro∣mans, and amongst the Modern to the King of the Romans; by all which Titles, the Successor to the Superiour Magistracy is understood, but notwithstanding for the most part this hath been the Custom, yet it hath been likewise often omitted, and Admit it had not, yet there being no Law requiring it, there is no pretence that such Omissions makes any incapacity in the Heir to succeed at Common Law, or to be within this Statute for the Statute making no Distinction between the King's eldest Son when made Prince of Wales, and when not, Ʋbi Lex non distinguit ibi nec nos distinguere Debemus. Besides the King∣doms being now United, a Title common to both were more convenient than several Titles. The Roman Title Princeps Ju∣ventutis, extended to the whole Empire.