In the reign of _Edward_ the Sixth, _Charles_ duke of _Suffolk_ having issue a son by one venter, and a daughter by another venter, made his last will, wherein he devised goods to his son, and died; after whose death the son died also——but without will, without wife, and without child—his mother and his sister by the father’s side (for she was born of the former venter) then living. The mother took the administration of her son’s goods, according to the statute of the 21st of _Harry_ the Eighth, whereby it is enacted, That in case any person die intestate the administration of his goods shall be committed to the next of kin. The administration being thus (surreptitiously) granted to the mother, the sister by the father’s side commenced a suit before the Ecclesiastical Judge, alledging, 1st, That she herself was next of kin; and 2dly, That the mother was not of kin at all to the party deceased; and therefore prayed the court, that the administration granted to the mother might be revoked, and be committed unto her, as next of kin to the deceased, by force of the said statute. Hereupon, as it was a great cause, and much depending upon its issue—and many causes of great property likely to be decided in times to come, by the precedent to be then made——the most learned, as well in the laws of this realm, as in the civil law, were consulted together, whether the mother was of kin to her son, or no.—Whereunto not only the temporal lawyers——but the church lawyers—the juris-consulti—the jurisprudentes—the civilians—the advocates—the commissaries—the judges of the consistory and prerogative courts of _Canterbury_ and _York_, with the master of the faculties, were all unanimously of opinion, That the mother was not of[19] kin to her child.—— And what said the duchess of _Suffolk_ to it? said my uncle _Toby_. The unexpectedness of my uncle _Toby_’s question, confounded _Kysarcius_ more than the ablest advocate——He stopp’d a full minute, looking in my uncle _Toby_’s face without replying——and in that single minute _Triptolemus_ put by him, and took the lead as follows. ’Tis a ground and principle in the law, said _Triptolemus_, that things do not ascend, but descend in it; and I make no doubt ’tis for this cause, that however true it is, that the child may be of the blood and seed of its parents——that the parents, nevertheless, are not of the blood and seed of it; inasmuch as the parents are not begot by the child, but the child by the parents—For so they write, _Liberi sunt de sanguine patris & matris, sed pater & mater non sunt de sanguine liberorum._