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Show .. ‘ , OfC‘OMMON-WEALTH. Part2; zoo , .‘rI". €174.19? The createfi difiicultie about the right ofSucceffion, is in .Momr' City Add the difficulty ai-ifeth from this, that at 51'" fight, "15 not 1}}, d:C"f° [if but 0 £3.77. m'tnifcfl who is to appoint the Succeifor; [101' many times, Whom; ‘ whom he hath appointed _ For in both thefe cafes, there is required 5' a more exaét ratiocination, than. every man is accuflomedto uie. , As to the queItiOn,wh'o {hall appornt the Succeflorgot a Monarch that hath the Soveraion Authority, that is to lay, who fliall determine ofthe right of Inheritance, ( for Elective lungsand PrInCCS have not the Soveraign Power in propriety, but in ufe only,) we are tq eonfider, that either he that ism pofleflion, has right to dripofc or the Succeflion, or elfe that right is again in the dillolvedMultitudc. For the death of him that hath the Sov'erargn power in propriety, leaves the Multitude without any Soverargn at all; that 15, Without any Repyefentative in whom they {hould be united, and be capable of doing an one action at all: nd therefore they are incapable oi Election oatny' new Monarch; every man havrng equall right to iub-i mit himfelfe to fuch as he thinks belt able to protect him; or if he can, protect himfelfe by his owne fword; which 15 a returne to Coniufion, and to the condition of a War of every man againit every man, contrary to the end for which Monarchy had its firflt Infiitution ._ The:fore .it is manifei't,that by the Infiitution ofMonarchy, the difpofing ofthe Succe ifor, is alwaies left to the Judgment and Will ofthe Pit fent Poifeffor . ' - ‘ And for the queflion(which may arife fometimes)who it is that th: Monarch in poffeffion, hath defigned to the fucceflion and inheritance of his power-7 it is determined by his exprelfe Words, and Te fiament; or by other tacite fignes fufficient . 4 Ema/Fm ' By expreffe Words, or Teftameiit, when declared by him 17 "fig/1, [7, m, life time3 'L'MM wee, or by V_Vrit1ng; as the firftit ISEmperours of Ron pity? H'erl; declared who fliould be their Heires . For the word Heire doesnc: of it felfe imply the Children, or neareit Kindred of a man; it? whom foever a man ihall any way declare, he would have to hate: him in his Eftate . If therefore a Monarch declare exprefly , I5: fuch a man fliall be his Heir-e, either by Word or Writing,then ish: man immediatly after the deceafe of his Predeceffor, Inveftedimi: right of being Monarch .0, [W m, But where "l‘eftaiiicnt,aiidexprefle Words are wanting, other it" mpg/mm 4 turall fignes of the Will are to be followed: whereof the 01165 C ufiome. (afloat-c," And therefore where the Cuflome is, that the next e: Kindred abfoiutely fucceedeth, there alfo the next of Kindred hit? ",2, COMMON-WEALTH." vernmentin himfelfe; Secdndly, that a Child of his arm, Male, or Female,- be preferred before any other; becaufe men are prefumed to be more enclined by nature, to advance their own childre n, than the children of other men -, and oftheir own, rather a Male than a Female5becaufe men,are naturally fitter than Women, for actions of labour and danger. Thirdly, where his own Hfiie faileth, rather a Brother than a flranger 5 and fo {till the ncerer in blond, rather than the more X‘CHIOC65bCC3qu it is alwayes prefumed that the neerer of kin, is the neererin affection 3 and 'tis evidentthat a man receive s alwaycs, by reflexion, the mofl: honour from the greatne fle of his nee‘ reii kindred. But if it be lawfull for a Monarch to difpofe of the Succeflion by 77' Jilin/5 Ff words of Contract, or Teflament, men may perhaps object a great the Swat/flinconvenience : for he may fell, or give his Right of {hanger -, which, becaufe {trangers (that is, men not governingto a ufied to live under the fame government, not {peaking the fame language) do commonly undervalue oneanother, may turn to the oppreflion of his Subjects -, which is indeeda great inconve nience : but it proceedeth not neecffarily from the fubjeé'tion to a Ptrangers government, but from the unskilfulneffe of the Governours, ignoran t of the true rules of Politiques. And therefore the Romans when they many Nations, to make their Government digeflible, had fubdued were wont to take away that grievance, as much as they thought neceffary, by gi- ving fornetimes to whole Nations, and ometimes to Princip all men of every Nation next ofthe Kindred Male, for the fame reafon. And {0 it is if the 02' (me were to advance the Female. For whatfoever Cufiomc a mi"; may by a word Controule, and does not, it is a naturall fione he "W1": [Tr/iffy. have that Ctiitome fiand . D L A .-:. {:1 But where neither Cultome, nor Teflament hath preceded, therC . . _ . r- (3, ‘ 1', ""yili'f'gb M grizwx: w, "my!" a", lizwfitll. they conquered, not onely the Privileges, but alfo the Name of Romans -, and took many of them into the Senate, "and Ofiices of charge, even in the Roman City. And moi} wife King, King farms, a med at, in endeavo this was it our uring the Union of hisrwo Realms of England and Scotlmd. Which if he could, have obtained, had in all likelihood revented the Civill warres,‘ which make both thofe Kin domes, at this prefent, miferab le. It is not therefore any injury tot e people, for a Monarc h to difpofe of the Succeffion by Will; thong l by the fault ofmany Princes, it hath been fomttim es found inconvenient. Of the lawfulneile of it, this alfo is an argumengthat whatfoever inconvenience can arrive by gi- ving a Kingdome to a firanger‘, may arrive alfo by fo mart ing withx Rrangers, as the Right of Succeflion may defcend upon t 1cm : yet' this by all men is account ed lawfull. ' right to the Succeifion, for that, ifthe will of him that was in pofelir on had been otherwife, he might eafily have dechired the fame in 31-5 life time . And likewife where the Cufiome is, that the next off-L5 Male Kindred fucceedeth, there alfo the right of Succeffion igmti: Chapeo. m" is to be underflood, Firft, that a Monarchs will isJ that the "overn- ment remain Monarchicall; becaufe he hath approvedt at g0- X. OfDomixziwz PATERNALL, and D; s P o 1" ICALL. Common-wealth by Arquz‘tim ) is that, wher the Sovc- A "MW, raign Power is acquired by Force ; And it is eacqu ired by Wadi-[1,, '13 forcegvhen men fingly, or many together by plura lity of Acgaififim, v0yces, for fear of death, or bonds, do aurho rife all the O 2 aftions |