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.

Obj. 2. Declarations by Act of Parliament are in vain, Because Acts of Precedent Parliaments cannot bind the Power of a subsequent Parliament, which is shewn by divers Examples. Cok. 4 Part. fol. 42. And Grotius speaks to the same intent, That Kings Predecessors cannot bind Kings Suc∣cessors. Est autem causa Successionis non subjecta Regi nunc regnanti, quod inde apparet quod Rex nunc reg∣nans nulla lege obligare potest Successorem: Successio enim Imperii non est de Jure Imperii, ac proinde mansit in statn naturali quo nulla erat Jurisdictio, Grot. de Jure Bell. & Pacis lib. 2. cap. 7. p. 171. That a cause of Succession is not subject to the King now Reigning, appears from this, that a King now Reigning can by no Law bind his Successor; for the Succession to Empire is not of the Right of Empire. But the same remains in the state of Na∣ture, wherein there was no Jurisdiction.

Answ. Though a King and Parliament present, by declaring a Successor, cannot bind a Parliament future, but they may again Repeal or Abrogate such present Act of Declaration; yet doth it not follow that the present Act of Declaration is vain, and of no use.

For first, Then by the same Reason, it might be said that Magna Charta, and the Petition of Right, And all the Acts of Parliament we have are vain and of no use, because future Par∣liaments have Power to repeal them; notwithstanding which it is manifest such an Act of Declaration would be of great Use and Benefit.

Secondly, An Act though repealable, is not vain, because such an Act cannot pass without the Major number of Votes, which will be an Incouragement to the major number to conti∣nue their indeavour to preserve; And a Discouragement to the minor part in another Parliament to attempt to repeal.

Thirdly, Because succeeding Parliaments have a Reverence to preceding, and though they have Power to repeal, yet do they not use to repeal to the utmost of their Power, nor can a for∣mer Act be repealed but by another Parliament; which if a Protestant Successor is Declared, must be called by him, and he hath then a sufficient Legal Power to Exclude so far Papists

from Elections of Members of Parliament, as probably they will have no Power to repeal former Protestant Acts.

Fourthly, Subsequent Parliaments cannot repeal the Act of a Precedent quoad praeterita; for which reason the whole People will act with far greater Courage both in Peace and War, in Execution of whatsoever they have a standing Act of Parlia∣ment to protect them, than where there is none.

Fifthly, Such an Act doth leave the Successor and his Parlia∣ment in a Posture and Possession of Arms Lawfully to defend his own Right and the Protestant Religion, both against Se∣cret Massacres, and Open Rebellions and Invasions by Papists.