XI

eldest son, being an infant, before the younger son, a man and able? Whether the daughter before the uncle? or any other man, descended by a male line? Whether a grandson, by a younger daughter, before a granddaughter by an elder daughter? Whether the elder son by a concubine, before a younger son by a wife? From whence also will arise many questions of legitimation, and what in nature is the difference betwixt a wife and a concubine? for as to the municipal or positive laws of men, they can signify nothing here. It may farther be asked, Whether the eldest son, being a fool, shall inherit this paternal power, before the younger, a wise man? and what degree of folly it must be that shall exclude him? and who shall be judge of it? Whether the son of a fool, excluded for his folly, before the son of his wise brother who reigned? Who has the paternal power whilst the widow-queen is with child by the deceased king, and nobody knows whether it will be a son or a daughter? Which shall be heir of the two male twins, who by the dissection of the mother were laid open to the world? Whether a sister by the half-blood, before a brother’s daughter by the whole blood?