The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
But where testament, and express words are wanting, other natural signs
of the will are to be followed: whereof the one is custom. And therefore
where the custom 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 possession had been otherwise, he might
easily have declared the same in his 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.
[Sidenote: Or, by presumption of natural affection.]
But where neither custom, nor testament hath preceded, there it is to be
understood, first, that a 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.
[Sidenote: To dispose of the succession, though to a king of another
nation, not unlawful.]