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 nowhere, 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 anywhere, that I know, placed such jurisdiction in the firstborn; 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 anywhere 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 firstborn, and do rather show the contrary.

209