And therefore questions of the right of succession, PART II. have in that form of government no place at all.

In an aristocracy, when any of the assembly dieth, the election of another into his room belongeth to the assembly, as the sovereign, to whom belongeth the choosing of all counsellors and officers. For that which the representative doth, as actor, every one of the subjects doth, as author. And though the sovereign assembly may give power to others, to elect new men, for supply of their court; yet it is still by their authority, that the election is made; and by the same it may, when the public shall require it, be recalled.

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monarch hath

of the

The greatest difficulty about the right of succes- The present sion, is in monarchy: and the difficulty ariseth right to disfrom this, that at first sight, it is not manifest who succession is to appoint the successor; nor many times, who it is whom he hath appointed. For in both these cases, there is required a more exact ratiocination, than every man is accustomed to use. As to the question, who shall appoint the successor, of a monarch that hath the sovereign authority; that is to say, who shall determine of the right of inheritance, (for elective kings and princes have not the sovereign power in propriety, but in use only), we are to consider, that either he that is in possession, has right to dispose of the succession, or else that right is again in the dissolved multitude. For the death of him that hath the sovereign power in propriety, leaves the multitude without any sovereign at all; that is, without any representative in whom they should be united, and be capable of doing any one action at all: and therefore they are incapable of election of any new monarch; every man having

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PART II. equal right to submit himself to such as he thinks best able to protect him; or if he can, protect himself by his own sword; which is a return to confusion, and to the condition of a war of every man against every man, contrary to the end for which monarchy had its first institution. Therefore it is manifest, that by the institution of monarchy, the disposing of the successor, is always left to the judgment and will of the present possessor.

Succession passeth by ex

And for the question, which may arise sometimes, who it is that the monarch in possession, hath designed to the succession and inheritance of his power; it is determined by his express words, and testament; or by other tacit signs sufficient. By express words, or testament, when it is press words; declared by him in his lifetime, viva voce, or by writing; as the first emperors of Rome declared who should be their heirs. For the word heir does not of itself imply the children, or nearest kindred of a man; but whomsoever a man shall any way declare, he would have to succeed him in his estate. If therefore a monarch declare expressly, that such a man shall be his heir, either by word or writing, then is that man immediately after the decease of his predecessor, invested in the right of being monarch.

Or, by not controlling

a custom;

But where testament, and express words are wanting, other natural signs of the will are to be followed whereof the one is custom. And therefore where the custom is, that the next of kindred absolutely succeedeth, there also the next of kindred hath right to the succession; for that, if the will of him that was in possession had been other

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wise, he might easily have declared the same in his PART II. life-time. And likewise where the custom is, that the next of the male kindred succeedeth, there also the right of succession is in the next of the kindred male, for the same reason. And so it is

For

if the custom were to advance the female. whatsoever custom a man may by a word control, and does not, it is a natural sign he would have that custom stand.

affection.

But where neither custom, nor testament hath Or, by presumption preceded, there it is to be understood, first, that a of natural monarch's will is, that the government remain monarchical; because he hath approved that government in himself. Secondly, that a child of his own, male, or female, be preferred before any other; because men are presumed to be more inclined by nature, to advance their own children, than the children of other men; and of their own, rather a male than a female; because men, are naturally fitter than women, for actions of labour and danger. Thirdly, where his own issue faileth, rather a brother than a stranger; and so still the nearer in blood, rather than the more remote; because it is always presumed that the nearer of kin, is the nearer in affection; and it is evident that a man receives always, by reflection, the most honour from the greatness of his nearest kindred.

the succession,

king of another

unlawful.

But if it be lawful for a monarch to dispose of To dispose of the succession by words of contract, or testament, though to a men may perhaps object a great inconvenience: nation, not for he may sell, or give his right of governing to a stranger; which, because strangers, that is, men not used to live under the same government, nor speaking the same language, do commonly under

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the succession, though to a

king of another

nation, not unlawful.

PART II. value one another, may turn to the oppression of his subjects; which is indeed a great inconveniTo dispose of ence: but it proceedeth not necessarily from the subjection to a stranger's government, but from the unskilfulness of the governors, ignorant of the true rules of politics. And therefore the Romans when they had subdued many nations, to make their government digestible, were wont to take away that grievance, as much as they thought necessary, by giving sometimes to whole nations, and sometimes to principal men of every nation they conquered, not only the privileges, but also the name of Romans; and took many of them into the senate, and offices of charge, even in the Roman city. And this was it our most wise king, king James, aimed at, in endeavouring the union of his two realms of England and Scotland. Which if he could have obtained, had in all likelihood prevented the civil wars, which make both those kingdoms, at this present, miserable. It is not therefore any injury to the people, for a monarch to dispose of the succession by will; though by the fault of many princes, it hath been sometimes found inconvenient. Of the lawfulness of it, this also is an argument, that whatsoever inconvenience can arrive by giving a kingdom to a stranger, may arrive also by so marrying with strangers, as the right of succession may descend upon them: yet this by all men is accounted lawful.

CHAPTER XX.

OF DOMINION PATERNAL, AND DESPOTICAL.

A COMMONWEALTH by acquisition, is that, where PART II. the sovereign power is acquired by force; and it

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wealth by

is acquired by force, when men singly, or many A commontogether by plurality of voices, for fear of death, acquisition. or bonds, do authorize all the actions of that man, or assembly, that hath their lives and liberty in his power.

ent from a

And this kind of dominion, or sovereignty, Wherein differdiffereth from sovereignty by institution, only in commonwealth this, that men who choose their sovereign, do it for by institution. fear of one another, and not of him whom they institute but in this case, they subject themselves, to him they are afraid of. In both cases they do it for fear which is to be noted by them, that hold all such covenants, as proceed from fear of death or violence, void: which if it were true, no man, in any kind of commonwealth, could be obliged to obedience. It is true, that in a commonwealth once instituted, or acquired, promises proceeding from fear of death or violence, are no covenants, nor obliging, when the thing promised is contrary to the laws; but the reason is not, because it was made upon fear, but because he that promiseth, hath no right in the thing promised. Also, when he may lawfully perform, and doth not, it is not the invalidity of the covenant, that absolveth him, but the sentence of the sovereign. Otherwise, whensoever a man lawfully promiseth, he unlawfully breaketh: but when the sovereign, who is