The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
liberty is an exemption from the laws of the city, and proper only
to those that bear rule.
[Sidenote: There is the same right in an hereditary, which there is
in an institutive government.]
10. A _father_ with his _sons_ and _servants_, grown into a civil
person by virtue of his paternal jurisdiction, is called a _family_.
This _family_, if through multiplying of _children_ and acquisition
of _servants_ it becomes numerous, insomuch as without casting the
uncertain die of war it cannot be subdued, will be termed an
_hereditary kingdom_. Which though it differ from an _institutive
monarchy_, being acquired by force, in the original and manner of
its constitution; yet being constituted, it hath all the same
properties, and the right of authority is everywhere the same;
insomuch as it is not needful to speak anything of them apart.
[Sidenote: The question concerning the right of succession belongs
only to monarchy.]
11. It hath been spoken, by what right supreme authorities are
constituted. We must now briefly tell you, by what right they may be
continued. Now the right by which they are continued, is that which
is called the right of _succession_. Now because in a _democracy_
the supreme authority is with the _people_, as long as there be any
subjects in being, so long it rests with the same person; for the
people hath no successor. In like manner in an _aristocracy_, one of
the nobles dying, some other by the rest is substituted in his
place; and therefore except they all die together, which I suppose
will never happen, there is no succession. The query therefore of
the right of succession takes place only in an _absolute monarchy_.
For they who exercise the supreme power for a time only, are
themselves no _monarchs_, but _ministers_ of state.
[Sidenote: A monarch may dispose of the command of his government by
testament:]
12. But first, if a monarch shall by testament appoint one to
succeed him, the person appointed shall succeed. For if he be
appointed by the _people_, he shall have all the right over the city
which the _people_ had, as hath been showed in chap. VII. art. 11.
But the people might choose him; by the same right therefore may he
choose another. But in an _hereditary kingdom_, there are the same
rights as in an _institutive_. Wherefore every monarch may by his
will make a _successor_.
[Sidenote: Or give it away, or sell it.]
13. But what a man may transfer on another by testament, that by the
same right may he, yet living, give or sell away. To whomsoever
therefore he shall make over the supreme power, whether by gift or
sale, it is rightly made.
[Sidenote: A monarch dying without testament, is ever understood to
will that a monarch should succeed him:]