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be any one, who is not known to be of a younger house, and all others have equal titles. If there be more than one heir of Adam, every one is his heir, and so every one has regal power: for if two sons can be heirs together, then all the sons equally are heirs, and so all are heirs, being all sons, or sons sons of Adam. Betwixt these two, the right of heir cannot stand; for by it either but one only man, or all men are kings. Take which you please, it dissolves the bonds of government and obedience; since if all men are heirs, they can owe obedience to nobody; if only one, nobody can be obliged to pay obedience to him, till he be known, and his title made out.

CHAPTER XI.

Who heir?

§. 106. THE great question which in all ages has

disturbed mankind, and brought on them the greatest part of those mischiefs which have ruined cities, depopulated countries, and disordered the peace of the world, has been, not whether there be power in the world, nor whence it came, but who should have it. The settling of this point being of no smaller moment than the security of princes, and the peace and welfare of their estates and kingdoms, a reformer of politics, one would think, should lay this sure, and be very clear in it: for if this remain disputable, all the rest will be to very little purpose; and the skill used in dressing up power with all the splendour and temptation absoluteness can add to it, without showing who has a right to have it, will serve only to give a greater edge to man's natural ambition, which of itself is but too keen. What can this do but set men on the more eagerly to scramble, and so lay a sure and lasting foundation of endless contention and disorder, instead of that peace and tranquillity, which

is the business of government, and the end of human society?

§. 107. This designation of the person our author is more than ordinary obliged to take care of, because he, affirming that the "assignment of civil power is by di"vine institution," hath made the conveyance as well as the power itself sacred: so that no consideration, no act or art of man, can divert it from that person, to whom, by this divine right, it is assigned; no necessity or contrivance can substitute another person in his room. For if the "assignment of civil power be by divine in"stitution," and Adam's heir be he to whom it is thus assigned, as in the foregoing chapter our author tells us, it would be as much sacrilege for any one to be king, who was not Adam's heir, as it would have been amongst the jews, for any one to have been priest who had not been of Aaron's posterity: for not only the priesthood " in general being by divine institution, but the assign"ment of it," to the sole line and posterity of Aaron, made it impossible to be enjoyed or exercised by any one but those persons who were the offspring of Aaron: whose succession therefore was carefully observed, and by that the persons who had a right to the priesthood certainly known.

§. 108. Let us see then what care our author has taken to make us know who is "this heir, who by "divine institution has a right to be king over all men." The first account of him we meet with is, p. 12, in these words: "This subjection of children being the foun"tain of all regal authority, by the ordination of God

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himself; it follows, that civil power, not only in "general, is by divine institution, but even the as"signment of it, specifically to the eldest parents.' Matters of such consequence as this is, should be in plain words, as little liable, as might be, to doubt or equivocation; and I think, if language be capable of expressing any thing distinctly and clearly, that of kindred, and the several degrees of nearness of blood, is one. It were therefore to be wished, that our author had used a little more intelligible expressions here, that we might have better known who it is, to whom the assignment

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assignment of civil power is made by divine institution; or at least would have told us what he meant by eldest parents: for I believe if land had been assigned or granted to him, and the eldest parents of his family, he would have thought it had needed an interpreter; and it would scarce have been known to whom next it belonged.

§. 109. In propriety of speech, (and certainly propriety of speech is necessary in a discourse of this nature) eldest parents significs either the eldest men and women that have had children, or those who have longest had issue; and then our author's assertion will be, that those fathers and mothers who have been longest in the world, or longest fruitful, have by divine institution a right to civil power. If there be any absurdity in this, our author must answer for it: and if his meaning be different from my explication, he is to be blamed, that he would not speak it plainly. This I am sure, parents cannot signify heirs male, nor eldest parents an infant child who yet may sometimes be the true heir, if there can be but one. And we are hereby still as much at a loss, who civil power belongs to, notwithstanding this

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assignment by divine institution," as if there had been no such an assignment at all, or our author had said nothing of it. This of eldest parents leaving us more in the dark, who by divine institution has a right to civil power, than those who never heard any thing at all of heir or descent, of which our author is so full. And though the chief matter of his writing be to teach obedience to those who have a right to it, which he tells us is conveyed by descent; yet who those are, to whom this right by descent belongs, he leaves, like the philosopher's stone in politics, out of the reach of any one to discover from his writings.

§. 110. This obscurity cannot be imputed to want of language in so great a master of style as sir Robert is, when he is resolved with himself what he would say: and therefore, I fear, finding how hard it would be, to settle rules of descent by divine institution, and how little it would be to his purpose, or conduce to the clearing and establishing the titles of princes, if such rules

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of descent were settled, he chose rather to content himself with doubtful and general terms, which might make no ill sound in men's ears who were willing to be pleased with them; rather than offer any clear rules of descent of this fatherhood of Adam, by which men's consciences might be satisfied to whom it descended, and know the persons who had a right to regal power, and with it to their obedience.

§. 111. How else is it possible, that laying so much stress, as he does, upon descent, and Adam's heir, next heir, true heir, he should never tell us what heir means, nor the way to know who the next or true heir is? This, I do not remember, he does any-where expressly handle; but where it comes in his way, very warily and doubtfully touches; though it be so necessary, that without it all discourses of government and obedience upon his principles, would be to no purpose, and fatherly power, ever so well made out, will be of no use to any body. Hence he tells us, O. 244. "That not only the constitution of power in general, but the "limitation of it to one kind, i. e. monarchy and "the determination of it to the individual person and "line of Adam, are all three ordinances of God; nei"ther Eve nor her children could either limit Adam's

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power, or join others with him; and what was given "unto Adam was given in his person to his posterity." Here again our author informs us, that the divine ordinance hath limited the descent of Adam's monarchical power. To whom? "To Adam's line and posterity," says our author. A notable limitation, a limitation to all mankind: for if our author can find any one amongst mankind that is not of the line and posterity of Adam, he may perhaps tell him who this next heir of Adam is: but for us, I despair how this limitation of Adam's empire to his line and posterity will help us to find out one heir. This limitation indeed of our author, will save those the labour, who would look for him amongst the race of brutes, if any such there were; but will very little contribute to the discovery of one next heir amongst men, though it make a short and easy deterU 4 mination

mination of the question about the descent of Adam's regal power, by telling us, that the line and posterity of Adam is to have it, that is, in plain English, any one may have it, since there is no person living that hath not the title of being of the line and posterity of Adam; and while it keeps there, it keeps within our author's limitation by God's ordinance. Indeed, p. 19, he tells us, that "such heirs are not only lords of their own "children, but of their brethren;" whereby, and by the words following, which we shall consider anon, he seems to insinuate, that the eldest son is heir; but he no-where, that I know, says it in direct words, but by the instances of Cain and Jacob, that there follow, we may allow this to be so far his opinion concerning heirs, that where there are divers children, the eldest son has the right to be heir. That primogeniture cannot give any title to paternal power, we have already showed, That a father may have a natural right to some kind of power over his children, is easily granted; but that an elder brother has so over his brethren, remains to be proved: God or nature has not any where, that I know, placed such jurisdiction in the first-born; nor can reason find any such natural superiority amongst brethren. The law of Moses gave a double portion of the goods and possessions to the eldest; but we find not any where that naturally, or by God's institution, superiority or dominion belonged to him; and the instances there brought by our author are but slender proofs of a right to civil power and dominion in the first-born, and do rather show the contrary.

§. 112. His words are in the forecited place; "And "therefore we find God told Cain of his brother Abel, "his desire shall be subject unto thee, and thou shalt rule "over him." To which I answer,

1. These words of God to Cain, are by many interpreters, with great reason, understood in a quite different sense than what our author uses them in.

2. Whatever was meant by them, it could not be, that Cain, as elder, had a natural dominion over Abel; for the words are conditional, "If thou dost well;" and

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