the text in Chronicles is express against our author's doctrine, and shows that dominion was no part of the birthright; for it tells us, that Joseph had the birthright, but Judah the dominion. One would think our author were very fond of the very name of birthright, when he brings this instance of Jacob and Esau, to prove that dominion belongs to the heir over his brethren.

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§ 116. 1. Because it will be but an ill example to prove, that dominion by God's ordination belonged to the eldest son, because Jacob the youngest here had it, let him come by it how he would: for if it prove any thing, it can only prove, against our author, that the assignment of dominion to the eldest is not by divine institution," which would then be unalterable: for if by the law of God, or nature, absolute power and empire belongs to the eldest son and his heirs, so that they are supreme monarchs, and all the rest of their brethren slaves, our author gives us reason to doubt whether the eldest son has a power to part with it, to the prejudice of his posterity, since he tells us, O. 158, "That in grants and gifts that have their original from God or nature, no inferior power of man can limit, or make any law of prescription against them."

$117. 2. Because this place, Gen. xxvii. 29, brought by our author, concerns not at all the dominion of one brother over the other, nor the subjection of Esau to Jacob for it is plain in history, that Esau was never subject to Jacob, but lived apart in mount Seir, where he founded a distinct people and government, and was himself prince over them, as much as Jacob was in his own family. The text, if considered, can never be understood of Esau himself, or the personal dominion of Jacob over him: for the words brethren and sons of thy mother, could not be used literally by Isaac, who knew Jacob had only one brother; and these words are so far from being true in a literal sense, or establishing any dominion in Jacob over Esau, that in the story we find the quite contrary; for Gen. xxxii. Jacob several times. calls Esau lord, and himself his servant; and Gen. xxxiii. "he bowed himself seven times to the ground to Esau."

Whether Esau then were a subject and vassal (nay, as our author tells us, all subjects are slaves to Jacob), and Jacob his sovereign prince by birthright, I leave the reader to judge; and to believe, if he can, that these words of Isaac, "be lord over thy brethren, and let thy mother's sons bow down to thee," confirmed Jacob in a sovereignty over Esau, upon the account of the birthright he had got from him.

§ 118. He that reads the story of Jacob and Esau, will find there never was any jurisdiction or authority, that either of them had over the other, after their father's death: they lived with the friendship and equality of brethren, neither lord, neither slave to his brother; but independent of each other, were both heads of their distinct families, where they received no laws from one another, but lived separately, and were the roots out of which sprang two distinct people under two distinct governments. This blessing then of Isaac, whereon our author would build the dominion of the elder brother, signifies no more, but what Rebecca had been told from God, Gen. xxv. 23," Two nations are in thy womb, and two manner of people shall be separated from thy bowels; and the one people shall be stronger than the other people, and the elder shall serve the younger:" and so Jacob blessed Judah, Gen. xlix., and gave him the sceptre and dominion; from whence our author might have argued as well, that jurisdiction and dominion belongs to the third son over his brethren, as well as from this blessing of Isaac, that it belonged to Jacob: both these places contain only predictions of what should long after happen to their posterities, and not any declaration of the right of inheritance to dominion in either. And thus we have our author's two great and only arguments to prove, that "heirs are lords over their brethren."

1. Because God tells Cain, Gen. iv. that however sin might set upon him, he ought or might be master of it for the most learned interpreters understood the words of sin, and not of Abel, and give so strong reasons: for it, that nothing can convincingly be inferred from so doubtful a text to our author's purpose...

2. Because in this of Gen. xxvii. Isaac foretels that the Israelites, the posterity of Jacob, should have dominion over the Edomites, the posterity of Esau; therefore, says our author, "heirs are lords of their brethren :"" I leave any one to judge of the conclusion.

§ 119. And now we see our author has provided for the descending, and conveyance down of Adam's monarchical power, or paternal dominion, to posterity, by the inheritance of his heir, succeeding to all his father's authority, and becoming upon his death as much lord as his father was, "not only over his own children, but over his brethren,” and all descended from his father, and so in infinitum. But yet who this heir is, he does not once tell us; and all the light we have from him in this so fundamental a point, is only that in his instance of Jacob, by using the word birthright, as that which passed from Esau to Jacob, he leaves us to guess, that by heir he means the eldest son; though I do not remember he any where mentions expressly the title of the first-born, but all along keeps himself under the shelter of the indefinite term heir. But taking it to be has meaning, that the eldest son is heir (for if the eldest be not, there will be no pretence why the sons should not be all heirs alike) and so by right of primogeniture has dominion over his brethren; this is but one step towards the settlement of succession, and the difficulties remain still as much as ever, till he can show us who is meant by right heir, in all those cases which may happen where the present possessor hath no son. This he silently passes over, and perhaps wisely too: for what can be wiser, after one has affirmed, that "the person having that power, as well as the power and form of government, is the ordinance of God, and by divine institution," vid. O. 254, p. 12, than to be careful, not to start any question concerning the person, the resolution whereof will certainly lead him into a confession, that God and nature hath determined nothing about him? And if our author cannot show who by right of nature, or a clear positive law of God, has the next right to inherit the dominion of this natural monarch he has been at such pains about, when he died without

a son, he might have spared his pains in all the rest; it being more necessary for the settling men's consciences, and determining their subjection and allegiance, to show them who, by original right, superior and antecedent to the will, or any act of men, hath a title to this paternal jurisdiction, than it is to show that by nature there was such a jurisdiction; it being to no purpose for me to know there is such a paternal power, which I ought, and am disposed to obey, unless where there are many pretenders, I also know the person that is rightfully invested and endowed with it.

§ 120. For the main matter in question being concerning the duty of my obedience, and the obligation of conscience I am under to pay it to him that is of right my lord and ruler, I must know the person that this right of paternal power resides in, and so empowers him to claim obedience from me. For let it be true what he says, p. 12, "That civil power not only in general is by divine institution, but even the assignment of it specially to the eldest parents;" and O. 254," That not only the power or right of govern. ment, but the form of the power of governing, and the person having that power, are all the ordinance of God;" yet unless he show us in all cases who is this person ordained by God, who is this eldest parent: all his abstract notions of monarchical power will signify just nothing, when they are to be reduced to practice, and men are conscientiously to pay their obedience: for paternal jurisdiction being not the thing to be obeyed, because it cannot command, but is only that which gives one man a right which another hath not, and if it come by inheritance, another man cannot have, to command and be obeyed; it is ridiculous to say, I pay obedience to the paternal power, when I obey him, to whom paternal power gives no right to my obedience: for he can have no divine right to my obedience, who cannot show his divine right to the power of ruling over me, as well as that by divine right there is such a power in the world.

§ 121. And hence not being able to make out any prince's title to government, as heir to Adam, which therefore is of no use, and had been better let alone, he is fain to resolve all into present possession, and makes civil obedience as due to an usurper as to a lawful king; and thereby the usurper's title as good. His words are, O. 253, and they deserve to be remembered: "If an usurper dispossess the true heir, the subjects' obedience to the fatherly power must go along, and wait upon God's providence." But I shall leave his title of usurpers to be examined in its due place, and desire my sober reader to consider what thanks princes owe such politics as this, which can suppose paternal power, i. e. a right to government in the hands of a Cade or a Cromwell; and so all obedience being due to paternal power, the obedience of subjects will be due to them, by the same right, and upon as good grounds, as it is to lawful princes; and yet this, as dangerous a doctrine as it is, must necessarily follow from making all political power to be nothing else but Adam's paternal power by right and divine institution, descending from him without being able to show to whom it descended, or who is heir to it.

§ 122. To settle government in the world, and to lay obligations to obedience on any man's conscience, it is as necessary (supposing with our author that all power be nothing but the being possessed of Adam's fatherhood) to satisfy him, who has a right to this power, this fatherhood, when the possessor dies, without sons to succeed immediately to it; as it was to tell him, that upon the death of the father, the eldest son had a right to it for it is still to be remembered, that the great question is, (and that which our author would be thought to contend for, if he did not sometimes forget it) what persons have a right to be obeyed, and not whether there be a power in the world, which is to be called paternal, without knowing in whom it resides: for so it be a power, i. e. right to govern, it matters not, whether it be termed paternal or regal, natural or acquired; whether you call it supreme fatherhood, or su