the Author of this constitution, hath so ordained it. Thus we see the pretensions of Saul's family, who received his crown from the immediate appointment of God, ended with his reign; and David, by the same title that Saul reigned, viz. God's appointment, succeeded in his throne, to the exclusion of Jonathan, and all pretensions of paternal inheritance: and if Solomon had a right to succeed his father, it must be by some other title than that of primogeniture. A cadet, or sister's son, must have the preference in succession, if he has the same title the first lawful prince had: and in dominion that has its foundation only in the positive appointment of God himself, Benjamin, the youngest, must have the inheritance of the crown, if God so direct, as well as one of that tribe had the first pos

session.

§ 96. If paternal right, the act of begetting, give a man rule and dominion, inheritance or primogeniture can give no title; for he that cannot succeed to his father's title, which was begetting, cannot succeed to that power over his brethren, which his father had by paternal right over them. But of this I shall have occasion to say more in another place. This is plain in the meantime, that any government, whether supposed to be at first founded in paternal right, consent of the people, or the positive appointment of God himself, which can supersede either of the other, and so begin a new government upon a new foundation; I say, any government began upon either of these, can by right of succession come to those only, who have the title of him they succeed to: power founded on contract can descend only to him who has right by that contract: power founded on begetting, he only can have that begets; and power founded on the positive grant or donation of God, he only can have by right of succession to whom that grant directs it.

$97. From what I have said, I think this is clear, that a right to the use of the creatures, being founded originally in the right a man has to subsist and enjoy the conveniencies of life; and the natural right children have to inherit the goods of their parents being founded

in the right they have to the same subsistence and commodities of life, out of the stock of their parents, who are therefore taught by natural love and tenderness to provide for them, as a part of themselves; and all this being only for the good of the proprietor or heir; it can be no reason for children's inheriting of rule and dominion, which has another original and a different end. Nor can primogeniture have any pretence to a right of solely inheriting either property or power, as we shall, in its due place, see more fully. It is enough to have showed here, that Adam's property or private dominion could not convey any sovereignty or rule to his heir, who not having a right to inherit all his father's possessions, could not thereby come to have any sovereignty over his brethren: and therefore, if any sovereignty on account of his property had been vested in Adam, which in truth there was not, yet it would have died with him.

§ 98. As Adam's sovereignty, if, by virtue of being proprietor of the world, he had any authority over men, could not have been inherited by any of his children over the rest, because they had the same title to divide the inheritance, and every one had a right to a portion of his father's possessions: so neither could Adam's sovereignty by right of fatherhood, if any such he had, descend to any one of his children: for it being, in our author's account, a right acquired by begetting, to rule over those he had begotten, it was not a power possible to be inherited, because the right being consequent to, and built on, an act perfectly personal, made that power so too, and impossible to be inherited: for paternal power, being a natural right rising only from the relation of father and son, is as impossible to be inherited as the relation itself; and a man may pretend as well to inherit the conjugal power of the husband, whose heir he is, had over his wife, as he can to inherit the paternal power a father over his children: for the power of the husband being founded on contract, and the power of the father on begetting, he may as well inherit the power obtained by the conjugal contract, which was only personal, as he may the power obtained

by begetting, which could reach no farther than the person of the begetter, unless begetting can be a title to power in him that does not beget.

§ 99. Which makes it a reasonable question to ask, Whether Adam, dying before Eve, his heir, (suppose Cain or Seth) should have by right of inheriting Adam's fatherhood, sovereign power over Eve his mother? for Adam's fatherhood being nothing but a right he had to govern his children, because he begot them, he that inherits Adam's fatherhood, inherits nothing, even in our author's sense, but the right Adam had to govern his children, because he begot them: so that the monarchy of the heir would not have taken in Eve; or if it did, it being nothing but the fatherhood of Adam descended by inheritance, the heir must have right to govern Eve, because Adam begot her; for fatherhood is nothing else.

§ 100. Perhaps it will be said with our author, that a man can alien his power over his child; and what may be transferred by compact, may be possessed by inheritance. I answer, a father cannot alien the power he has over his child: he may perhaps to some degrees forfeit it, but cannot transfer it; and if any other man acquire it, it is not by the father's grant, but by some act of his own. For example, a father, unnaturally careless of his child, sells or gives him to another man; and he again exposes him; a third man finding him, breeds him up, cherishes, and provides for him as his own: I think in this case, nobody will doubt, but that the greatest part of filial duty and subjection was here owing, and to be paid to this foster-father; and if any thing could be demanded from the child by either of the other, it could be only due to his natural father, who perhaps might have forfeited his right to much of that duty comprehended in the command," Honour your parents," but could transfer none of it to another. He that purchased and neglected the child, got by his purchase and grant of the father no title to duty or honour from the child; but only he acquired it, who by his own authority, performing the office and care

of a father to the forlorn and perishing infant, madé himself, by paternal care, a title to proportionable degrees of paternal power. This will be more easily admitted, upon consideration of the nature of paternal power, for which I refer my reader to the second book.

§ 101. To return to the argument in hand; this is evident, That paternal power arising only from begetting, for in that our author places it alone, can neither be transferred nor inherited: and he that does not beget, can no more have paternal power, which arises from thence, than he can have a right to any thing, who performs not the condition, to which only it is annexed. If one should ask, by what law has a father power over his children? it will be answered, no doubt, by the law of nature, which gives such a power over them to him that begets them. If one should ask likewise, by what law does our author's heir come by a right to inherit? I think it would be answered, by the law of nature too: for I find not that our author brings one word of Scripture to prove the right of such an heir he speaks of. Why then the law of nature gives fathers paternal power over their children, because they did beget them and the same law of nature gives the paternal power to the heir over his brethren who did not beget them whence it follows, that either the father has not his paternal power by begetting, or else that the heir has it not at all; for it is hard to understand how the law of nature, which is the law of reason, can give the paternal power to the father over his children, for the only reason of begetting; and to the first-born over his brethren without this only reason, i. e. for no reason at all and if the eldest, by the law of nature, can inherit this paternal power, without the only reason that gives a title to it, so may the youngest as well as he, and a stranger as well as either; for where there is no reason for any one, as there is not, but for him that begets, all have an equal title. I am sure our author offers no reason; and when any body does, we shall see whether it will hold or no.

§ 102. In the mean time it is as good sense to say, that by the law of nature a man has right to inherit the property of another, because he is of kin to him, and is known to be of his blood; and therefore, by the same law of nature, an utter stranger to his blood has right to inherit his estate; as to say that, by the law of nature, he that begets them has paternal power over his children, and therefore, by the law of nature, the heir that begets them not, has this paternal power over them: or supposing the law of the land gave absolute power over their children, to such only who nursed them, and fed their children themselves, could any body pretend that this law gave any one, who did no such thing, absolute power over those who were not his children?

§ 103. When therefore it can be showed that conjugal power can belong to him that is not an husband, it will also I believe be proved, that our author's paternal power, acquired by begetting, may be inherited by a son; and that a brother, as heir to his father's power, may have paternal power over his brethren, and by the same rule conjugal power too: but till then I think we may rest satisfied that the paternal power of Adam, this sovereign authority of fatherhood, were there any such, could not descend to, nor be inherited by his next heir. Fatherly power, I easily grant our author, if it will do him any good, can never be lost, because it will be as long in the world as there are fathers: but none of them will have Adam's paternal power, or derive theirs from him; but every one will have his own by the same title Adam had his, viz. by begetting, but not by inheritance or succession, no more than husbands have their conjugal power by inheritance from Adam. And thus we see, as Adam had no such property, no such paternal power, as gave him sovereign jurisdiction over mankind; so likewise his sovereignty built upon either of these titles, if he had any such, could not have descended to his heir, but must have ended with him. Adam therefore, as has been proved, being neither monarch, nor his imaginary monarchy hereditable, the power which is now in the world is not that which was

VOL. V.

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