Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

The Present Monarch Hath Right To Dispose Of The Succession The greatest difficultie about the right of Succession, is in Monarchy:  And the difficulty ariseth from this, that at first sight, it is not manifest who 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 Soveraign Authority; that is to say, (for Elective Kings and Princes have not the Soveraign 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 Soveraign power in propriety, leaves the Multitude without any Soveraign 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 equall right to submit himselfe to such as he thinks best able to protect him, or if he can, protect himselfe by his owne sword; which is a returne 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.  Therfore it is manifest, that by the Institution of Monarchy, the disposing of the Successor, is alwaies left to the Judgment and Will of the present Possessor.

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 expresse Words, and Testament; or by other tacite signes sufficient.

Succession Passeth By Expresse Words; By expresse Words, or Testament, when it is declared by him in his life time, viva voce, or by Writing; as the first Emperours of Rome declared who should be their Heires.  For the word Heire does not of it selfe 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 expresly, that such a man shall be his Heire, 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 Custome; But where Testament, and expresse Words are wanting, other naturall signes of the Will are to be followed:  whereof the one is Custome.  And therefore where the Custome 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 posession had been otherwise, he might easily have declared the same in his life time.  And likewise where the Custome 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 Custome were to advance the Female.  For whatsoever Custome a man may by a word controule, and does not, it is a naturall signe he would have that Custome stand.

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Leviathan from Project Gutenberg. Public domain.