The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The greatest difficulty 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
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 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.
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 express words, and testament; or
by other tacit signs sufficient.
[Sidenote: Succession passeth by express words;]
By express words, or testament, when it is 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.
[Sidenote: Or, by not controlling a custom;]