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.

[ 7] (7.) The Danger if the King's Eldest Son should die and leave Children in Minority of Guardians in Majority, of Con∣tention

for the Crown between Nephews and Uncles: This Danger is not so great in Scotland, as in England; for there, as hath been already said, as Buchanan mentions, their Ancient Act of Parliament Enacts, Ʋt quemadmodum Regi maximus Na∣tu filius in Regnum Succederet, ita filio ante Patrem Defuncto Nepos avo subrogaretur: That as the Eldest Son of the King should Succeed to him in the Kingdom; so the Son being Dead before his Father, the Nephew should Succeed in his stead to his Grandfather. It hath been already before shewn, how dan∣gerous Guardians Uncles are to Nephews in Minority; and if in Majority, all Histories witness under how great incer∣tainty the Law is in most Nations to determin the Question, (which ought to be preferred, the Uncle or Nephew in Suc∣cession to a Kingdom; that is to say, in such Kingdoms who have no Parliaments Elected by the People to establish the manner of Succession) And how great Wars and Devastations have been made between Nephews and Uncles on the incer∣tainty of the Law of the Country in that point. And though in Succession to Common Inheritances in England, the Nephew is by Custom preferred Jure Representationis to the Uncle, and though my Lord Coke likewise in his Exposition on the said Statute of 25. E 3. cap. 2. Coke 3. Part. fol. 8. saith to be the Fitz-Eigne, the Eldest Son of the King within that Statute, it is not always necessary he should be his first begotten Son: for the Second after the Death of the first begotten without Issue is Fitz-Eigne, with the Statute Et sic de caeteris, which doth implicitly seem to affirm, That till the Issue of the Eldest Son fails, the second Son shall not Succeed by this Statute, which implicitly prefers the Nephews in Successions before the Uncle, but he shewing no Authority therein, but his own, and that only implicit and not Express; and the Common Law and Customs of the Crown being very incertain, obscure, and as often broken as kept, when not Confirmed by Act of Par∣liament; And King Edward himself the Wife Author of this Act (when the Black Prince Died and left his Eldest Son Richard of Bindeax, who was after R. 2.) Doubting of the certainty of the Law, in the Point did, as the wisest way, procure Richard to be Declared Successor by Act of Par∣liament in his Life-time, to secure him against his Uncles.

* 1.1The certainty of the Law of England therefore may be not without Cause doubted in this Point of Succession between Ne∣phew and Uncle, and Danger there may be, lest the incer∣tainty of the same, give the same Pretences to create Civil Wars here, as it doth in other Countries, unless prevented by an Act of Parliament, as in Scotland, Ʋt filio ante patrem De∣functo Nepos Avo Subrogaretur.

Notes

• * 1.1

  T•••• ••aw of E•…•… not clear in point of Succession of the Crown between Ne∣phew and Un∣cle, where the Father dies before the Grandfather.