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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 if the custom were to advance the female. For 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

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 unlawful. 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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To dispose of

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 inconvenience: 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 differ differeth 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

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PART II. the actor, acquitteth him, then he is acquitted by him that extorted the promise, as by the author of such absolution.

The rights of sovereignty the same in both.

Dominion paternal how attained.

ration, but by contract;

But the rights, and consequences of sovereignty, are the same in both. His power cannot, without his consent, be transferred to another: he cannot forfeit it he cannot be accused by any of his subjects, of injury: he cannot be punished by them : he is judge of what is necessary for peace; and judge of doctrines: he is sole legislator; and supreme judge of controversies; and of the times, and occasions of war, and peace: to him it belongeth to choose magistrates, counsellors, commanders, and all other officers, and ministers; and to determine of rewards, and punishments, honour, and order. The reasons whereof, are the same which are alleged in the precedent chapter, for the same rights, and consequences of sovereignty by institution.

Dominion is acquired two ways; by generation, and by conquest. The right of dominion by generation, is that, which the parent hath over his children; and is called PATERNAL. And is not so Not by gene- derived from the generation, as if therefore the parent had dominion over his child because he begat him; but from the child's consent, either express, or by other sufficient arguments declared. For as to the generation, God hath ordained to man a helper; and there be always two that are equally parents: the dominion therefore over the child, should belong equally to both; and he be equally subject to both, which is impossible; for no man can obey two masters. And whereas some have attributed the dominion to the man only, as being

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of the more excellent sex; they misreckon in it. PART II. For there is not always that difference of strength, or prudence between the man and the woman, as that the right can be determined without war. In commonwealths, this controversy is decided by the civil law; and for the most part, but not always, the sentence is in favour of the father; because for the most part commonwealths have been erected by the fathers, not by the mothers of families. But the question lieth now in the state of mere nature; where there are supposed no laws of matrimony; no laws for the education of children; but the law of nature, and the natural inclination of the sexes, one to another, and to their children. In this condition of mere nature, either the parents between themselves dispose of the dominion over the child by contract; or do not dispose thereof at all. If they dispose thereof, the right passeth according to the contract. We find in history that the Amazons contracted with the men of the neighbouring countries, to whom they had recourse for issue, that the issue male should be sent back, but the female remain with themselves: so that the dominion of the females was in the mother.

If there be no contract, the dominion is in the Or education; mother. For in the condition of mere nature, where there are no matrimonial laws, it cannot be known who is the father, unless it be declared by the mother: and therefore the right of dominion over the child dependeth on her will, and is consequently hers. Again, seeing the infant is first in the power of the mother, so as she may either nourish, or expose it; if she nourish it, it oweth its life to the mother; and is therefore obliged to