CHAP. XXXI.
Of a LEGITIMATE BIRTH.

A Legitimate BIRTH respects Time only, and that is properly so called, which most frequently happens, according to the Common Law of Nature.

IT is never sufficiently to be admired as Wonderful, that Man, who is born HEREDITARY LORD of the Universe, and invested with SUPREME DOMINION over all Creatures, should, however yet, be the only one deprived of some certain definite Time for his BIRTH[108]; it happening often in the seventh, commonly in the ninth and tenth, and sometimes in the eighth and eleventh Months, and That also at all Times of the Year: Whereas, on the other hand, all the rest of inferiour Creatures have their certain prefixed Times, both of carrying their YOUNG, and bringing them forth, beyond which they cannot go, nor controul the Order of NATURE.

HOWEVER, this being the Good Work and Will of the Great CREATOR, deserves more our silent Wonder and Admiration, than our bold Enquiry, or curious Scrutiny, into the REASON of it.

BUT notwithstanding, I hope, we may easily account for the Latitude of TIME allowed our Births, when we consider what has been said of the Times of Formation and Animation in their proper Places[109]. If then these require a proportionable Latitude, what wonder is it that the Legitimate Time of Birth is of such Extent? Not that I mean that the rational Soul is introduced either at different Times, or by Piece-meals, only that it is not done this or that Day precisely. And farther (according to AVERROES, that great Commentator) Man[110], not only in the Womb, but also after Birth, even until his Juvenile Age, is but a-generating; and from that Time to old Age he begins to decline: yet we daily see that this Change is not equal to all, in that some Men do but arrive to their most robust and vigorous State about the fortieth Year of their Age, whereas others come to that Length about the thirtieth, and most about the thirty-fifth.

AS it is an Auspicious Crisis which happens any Time of the Critical Day, whether anticipated or postponed by a few Hours: And as the Fruit of Trees have their constituted Time of Maturity, which notwithstanding some are perfected sooner, and some later; so (I think) it may be also in the present Case of Births.

HOWEVER yet, to go a little further, without Offence: As to the Legitimacy of BIRTHS, I don’t see any Reason why every Birth, producing a vital Child, may not be justly esteemed timely lawful, whether it be of the seventh, eighth, ninth, tenth, or eleventh Month: But because few of our antient and learned Predecessors have been inclined to admit any standing RULE of such a large Extent, in this CASE we shall be far from desiring to establish any New One, or advance any Paradox.

I SHALL therefore (in this Place) only touch upon That which most Authors seem to have agreed upon, and reckon the most common Legitimate Birth; namely, which happens (at the soonest) about the 260th Day from CONCEPTION, being the first of the 38th Week, or the 20th of the ninth Month; as it doth also sometimes fall out (ten Days later) about the 270th, when it is neither too soon, nor too late; and which likewise (at the latest) happens before the 280th Day; that is, the last of the 40th Week, or the 10th Day of the 10th Month.

BUT This (if I may be permitted to speak my Mind) depends much upon the Time of Conception; it being my Opinion, that if the Woman did conceive when recently purged, I mean shortly after the natural Flux, she may bring forth in the beginning[111] of the 9th Month; whereas, if when the Menstrua were almost ready to flow, towards its Close, or later: And if in the Interval betwixt these Times, she may produce her Child in the middle of the Month: Because as Plants or Corn arrive much sooner to Maturity after the New than after the Full-Moon, so it may be also with the Fœtus, because of the more or less Vigour of the Womb.

HOWEVER, in short, it is to be observed, that in all these Cases, we may commonly allow a few more Days for the GIRL than the BOY, as appears from Sect. I. Chap. 9.

AND, in fine, according to the Opinion of the most Learned and Curious Practisers in MIDWIFERY, this BIRTH happens always[112] at the self-same Hour of the Day or Night, in which the Woman Conceiv’d: So that from hence it is, that most BIRTHS happen in the Night, or Dawning of the Day; wherefore they All agree, that a Legitimate BIRTH requires not only a certain definite Number of Days, but also of Hours, &c. To proceed therefore to