The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
14. But if living he have not declared his will concerning his
successor by testament nor otherwise, it is supposed, first, that he
would not have his government reduced to an anarchy or the state of
war, that is, to the destruction of his subjects; as well because he
could not do that without breach of the laws of nature, whereby he
was obliged to the performance of all things necessarily conducing
to the preservation of peace; as also because, if that had been his
will, it had not been hard for him to have declared that openly.
Next, because the right passeth according to the will of the father,
we must judge of the _successor_ according to the signs of his will.
It is understood therefore, that he would have his subjects to be
under a _monarchical_ government, rather than any other, because he
himself in ruling hath before approved of that state by his example,
and hath not afterward either by any word or deed condemned it.
[Sidenote: And some one of his children:]
15. Furthermore, because by natural necessity all men wish them
better, from whom they receive glory and honour, than others; but
every man after death receives honour and glory from his children,
sooner than from the power of any other men: hence we gather, that a
father intends better for his children than any other person’s. It
is to be understood therefore, that the will of the father, dying
without testament, was that some of his children should succeed him.
Yet this is to be understood with this proviso, that there be no
more apparent tokens to the contrary: of which kind, after many
successions, custom may be one. For he that makes no mention of his
_succession_, is supposed to consent to the customs of his realm.
[Sidenote: And a male rather than female:]
16. Among children the males carry the pre-eminence; in the
beginning perhaps, because for the most part, although not always,
they are fitter for the administration of greater matters, but
specially of wars; but afterwards, when it was grown a custom,
because that custom was not contradicted. And therefore the will of
the father, unless some other custom or sign do clearly repugn it,
is to be interpreted in favour of them.
[Sidenote: And of the males, the eldest rather than the younger:]
17. Now because the sons are equal, and the power cannot be divided,
the eldest shall succeed. For if there be any difference by reason
of age, the eldest is supposed more worthy; for nature being judge,
the most in years (because usually it is so) is the wisest; but
other judge there cannot be had. But if the brothers must be equally
valued, the succession shall be _by lot_. But _primogeniture_ is a
natural lot, and by this the eldest is already preferred; nor is
there any that hath power to judge, whether by this or any other
kind of lots the matter is to be decided. Now the same reason which
contends thus for the first-born son, doth no less for the
first-born daughter.