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A49781 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. Lawrence, William, 1613 or 14-1681 or 2. 1681 (1681) Wing L691; ESTC R1575 180,199 230

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it be said of all the Kings and Queens which succeeded concerning whom any Question of Legitimation was raised as for Example John of Gaunt the fourth Son of Edward the Third because he was a great favourer of the Wicklenites who were in those days most Zealous Protestants was so hated by the Bishops to whom the Doctrine of Wickliff was then terrible that the then Bishop of Winchester John of Gaunt for favouring Protestants falsly slandred by the Bishop of Winchester to be Illegitimate Confessor to his Mother Queen Phillippa falsly slander'd him to make him Illegitimate That he was the Son of a Flemming and not of King Edward though his Mother Queen Phillippa was the most virtuous Wife of a King that was then in the World and to Illegitimate his Posterity by the Lady Katherine Swinford who was a virtuous Lady and not Prohibited by the Law of God to be Married But yet never was Married to him by the Ceremony of a Priest or Temple and by whom he had Issue John Duke of Somerset Thomas Duke of Exceter Henry Bishop of Winchester and Cardinal and Joan a Daughter which Daughter and all her Brethren were sirnamed Beaufort from Beaufort a Castle which he had in France where they were all Born and in regard thereof bare the Portcullis of a Castle for the Cognizance of the Family and these four Children though they were Legitimated by Act of Parliament in the Twentieth year of King Richard the Second and made capable of all Dignities yet by Episcopal Power there was inserted Excepta dignitate Regali which did as much as lay in an Exception so much Illegitimate them to the Crown that Coke says Part 4. fol. 37. Henry the 7th d●riveth ●imsel● from Katherine Swinford 〈◊〉 Ma●…d by a Priest in a Temple The best Title of Henry the Seventh who derived himself from John de Beaufort Duke of Somerset Son of John of Gaunt by the Lady Katherine Swinford was by Elizabeth his Wife eldest Daughter of Edward the Fourth which Episcopal Opinion of his would not have been taken for Law if he had lived in the time of H. 7. himself who notwithstanding this Episcopal Illegitimation assumed the Title of the House of Lanc●ster as Legitimate by the Law of God Both York and Lancaster derive the Lines from Persons slander'd to be Illegitimate by Laws of Men but made Legitimate by the Law of God and descending from a Lady not Prohibited to have been Married to John of Gaunt by the Law of God In like manner the Lady Elizabeth eldest Daughter to King Edward the Fourth by the Lady Elizabeth Gray from the House of York claims was declared Illegitimate by Richard the Third because as was all●adged E. 4. was praecontracted to the Lady Lucy which Lady Elizabeth was her s●lf likewise first promised in Marriage to the Daulphin of France before she was Married to H. 7. yet was she Legitimate and her Issue Legitimate by the Law of God and succeeded United to the House of Lancaster to the Kingdom according to the same Law The same hath been before mentioned of the Lady Elizabeth More her Children by Robert the Second King of Scotland were Born before any Ceremonial Marriage of a Priest in a Temple yet were they all Legitimate by the Moral Law of God Edward the Sixth Illigitimated by Papal Laws but Legitimated by the Law of God the eldest succeeded to the Crown In like manner King Edward the Sixth was declared Illegitimate by the Pope and the pretended Ecclesiastical Laws but he was Legitimate by the Moral Law of God and succeeded to the Crown accordingly Lastly Queen Elizabeth was not only declared Illegitimate by the Pope but by the Acts of Parliament of her own Father H. 8. which is above any Declaration or Proclamation of a Privy Council Queen Elizabeth Illegitimated by Papal Laws and Act of Parliament but Legitimated by the Law of God yet no true Protestant doubts but she was Legitimate by Moral Law of God which is above all Laws and happily succeeded to the Crown according to the Law of God to the Comfort of all Protestants From which Examples and Reasons appears the truth of the Thesis before laid down 1. That the Legitimation and Succession of Kings eldest Sons born of Women not Prohibited by the Moral Law of God was never questioned by any Laws except that of Popes and Bishops 2. That Legitimate and lawful Heirs may be Born of unlawful Marriages 3. That the Moral Law of God hath always been and still is the greatest Security of Legitimation and Succession to the Crown of Great Britain and ought to be prefer'd above all Ceremonial Laws of Men. 4. Next to the Moral Law of God the greatest Humane Security of Legitimation and Succession to the Crown is either a general Act of Parliament as this is constituting and ascertaining the Heir by a General or Special Distinction or Description or when any doubt or danger ariseth by Act of Parliament Declaratory of the Particular Successor or Name That 't is High Treason by this Statute for any Subject to slander the King 's eldest Son with Illegitimacy Though Papal and Episcopal Canons have made their ordinary work to Illegitimate the most Sacred Persons of Protestant Princes who disdain to buy their Mercenary Dispensations Faculties Licences and Pardons of Popes or Bishops and particularly the most Pious King Edward the Sixth and Queen Elizabeth And as is said Jude 8. Defile the flesh despise Dominions speak evil of Dignities yet let them know there is this Statute above all their Canons and Synods will punish their wickedness if they presume to Illegitimate any King of England or his eldest Son it seems on these Reasons 1. Because this compasseth the Death of the King himself his Father for who destroys the Kings Armies or Fleets which should defend him compasses his Death but Non legiones non classes aeque firma imperii Munimenta ac numeros Liberorum Not Legions nor Fleets equally defend a Kingdom as Children And above all Children the eldest Son All which is more authentically expressed by a great King and Souldier Psa 127.3 Lo Children are an heritage of the Lord and the fruit of the womb is his reward as arrows are in the hand of a mighty man so are the Children of the youth happy is the man who hath his quiver full of them they shall not be ashamed but they shall speak with the Enemies in the Gate And likewise as to the eldest Son the Scripture it self magnifies him as an high defence to the Father as Jacob expresseth of his Gen. 49.3 My first-born my might and the beginning of my strength the excellency of Dignity and the excellency of Power And who hath Vindicated His Majestie 's Honour and Safety in Wars abroad and against Popish Plots Assassinations Pistols Poniards and Poisons at home with such Fidelity Affection Zeal Constancy Vigillancy and Valour as his eldest Son And