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Definition

and other forms.

PART II. where it is in an assembly of certain persons nominated, or otherwise distinguished from the rest: yet he that shall consider the particular commonof monarchy, wealths that have been, and are in the world, will not perhaps easily reduce them to three, and may thereby be inclined to think there be other forms, arising from these mingled together. As for example, elective kingdoms; where kings have the sovereign power put into their hands for a time; or kingdoms, wherein the king hath a power limited which governments, are nevertheless by most writers called monarchy. Likewise if a popular, or aristocratical commonwealth, subdue an enemy's country, and govern the same, by a president, procurator, or other magistrate; this may seem perhaps at first sight, to be a democratical, or aristocratical government. But it is not so. For elective kings, are not sovereigns, but ministers of the sovereign; nor limited kings, sovereigns, but ministers of them that have the sovereign power: nor are those provinces which are in subjection to a democracy, or aristrocracy of another commonwealth, democratically or aristocratically governed, but monarchically.

And first, concerning an elective king, whose power is limited to his life, as it is in many places of Christendom at this day; or to certain years or months, as the dictator's power amongst the Romans; if he have right to appoint his successor, he is no more elective but hereditary. But if he have no power to elect his successor, then there is some other man, or assembly known, which after his decease may elect anew, or else the commonwealth dieth, and dissolveth with him, and returneth to

the condition of war. If it be known who have PART II. the power to give the sovereignty after his death,

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it is known also that the sovereignty was in them Definition of before for none have right to give that which monarchy, &c. they have not right to possess, and keep to themselves, if they think good. But if there be none that can give the sovereignty, after the decease of him that was first elected; then has he power, nay he is obliged by the law of nature, to provide, by establishing his successor, to keep those that had trusted him with the government, from relapsing into the miserable condition of civil war. And consequently he was, when elected, a sovereign absolute.

Secondly, that king whose power is limited, is not superior to him, or them that have the power to limit it; and he that is not superior, is not supreme; that is to say not sovereign. The sovereignty therefore was always in that assembly which had the right to limit him; and by consequence the government not monarchy, but either democracy, or aristocracy; as of old time in Sparta ; where the kings had a privilege to lead their armies; but the sovereignty was in the Ephori.

Thirdly, whereas heretofore the Roman people governed the land of Judea, for example, by a president; yet was not Judea therefore a democracy; because they were not governed by any assembly, into the which, any of them, had right to enter; nor an aristocracy; because they were not governed by any assembly, into which, any man could enter by their election: but they were governed by one person, which, though as to the people of Rome, was an assembly of the people, or

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PART II. democracy; yet as to the people of Judea, which had no right at all of participating in the government, was a monarch. For though where the people are governed by an assembly, chosen by themselves out of their own number, the government is called a democracy, or aristocracy; yet when they are governed by an assembly, not of their own choosing, it is a monarchy; not of one man, over another man; but of one people, over another people.

Of the right of succession.

Of all these forms of government, the matter being mortal, so that not only monarchs, but also whole assemblies die, it is necessary for the conservation of the peace of men, that as there was order taken for an artificial man, so there be order also taken, for an artificial eternity of life; without which, men that are governed by an assembly, should return into the condition of war in every age; and they that are governed by one man, as soon as their governor dieth. This artificial eternity, is that which men call the right of succession.

There is no perfect form of government, where the disposing of the succession is not in the present sovereign. For if it be in any other particular man, or private assembly, it is in a person subject, and may be assumed by the sovereign at his pleasure; and consequently the right is in himself. And if it be in no particular man, but left to a new choice; then is the commonwealth dissolved; and the right is in him that can get it; contrary to the intention of them that did institute the commonwealth, for their perpetual, and not temporary security.

In a democracy, the whole assembly cannot fail, unless the multitude that are to be governed fail.

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

pose 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 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