11. Having showed by what right the several sorts of commonwealths, democracy, aristocracy, and monarchy, are erected, it followeth, to show by what right they are continued. The right by which they are continued, is called the right of succession to the sovereign power; whereof there is nothing to be said in a democracy, because the sovereign dieth not, as long as there be subjects alive: nor in an aristocracy, because it cannot easily fall out, that the optimates should every one fail at once; and if it should so fall out, there is no question, but the commonwealth is thereby dissolved. It is therefore in a monarchy only, that there can happen a question concerning the succession. And first, forasmuch as a monarch, which is absolute sovereign, hath the dominion in his own right, he may dispose thereof at his own will. If therefore by his last will, he shall name his successor, the right passeth by that will.
Though the successor be not declared, yet there is always one to be presumed.
12. Nor if the monarch die without any will concerning the succession declared, it is not therefore to be presumed, it was his will, his subjects, which are to him as his children and servants, should return again to the state of anarchy, that is, to war and hostility. For that were expressly against the law of nature, which commandeth to procure peace, and to maintain the same. It is therefore to be conjectured with reason, that it was his intention to bequeath them peace, that is to say, a power coercive, whereby to keep them from sedition amongst themselves; and rather in the form of a monarchy, than any other government; forasmuch as he, by the exercise thereof in his own person, hath declared, that he approveth the same.
The children preferred to the succession, &c.
13. Further, it is to be supposed, his intention was, that his own children should be preferred in the succession, when nothing to the contrary is expressly declared, before any other. For men naturally seek their own honour, and that consisteth in the honour of their children after them.
The males before the females.
14. Again, seeing every monarch is supposed to desire to continue the government in his successors, as long as he may; and that generally men are endued with greater parts of wisdom and courage, by which all monarchies are kept from dissolution, than women are; it is to be presumed, where no express will is extant to the contrary, he preferreth his male children before the female. Not but that women may govern, and have in divers ages and places governed wisely, but are not so apt thereto in general, as men.
The eldest before the rest of the brothers.
15. Because the sovereign power is indivisible, it cannot be supposed, that he intended the same should be divided, but that it should descend entirely upon one of them, which is to be presumed, should be the eldest, assigned thereto by the lot of nature, because he appointed no other lot for the decision thereof. Besides, what difference of ability soever there may be amongst the brethren, the odds shall be adjudged to the elder, because no subject hath authority otherwise to judge thereof.
The brother next to the children.