without punishment, is esteem'd to be liberty; not to be able to doe this, is judg'd bondage; which in a Civill Government, and with the peace of mankind cannot possibly be done, because there is no City without a Command, and a restraining Right. LIBERTY, that we may define it, is nothing else but an absence of the lets, and hinderances of motion, as water shut up in a vessell is therefore not at liberty, because the vessell hinders it from running out, which the vessell being broken, is made free. And every man hath more or lesse liberty, as he hath more or lesse space in which he employes himself: as he hath more liberty, who is in a large, then he that is kept in a close prison. And a man may be free toward one part, and yet not toward another; as the traveller is bounded on this, and that side with hedges, or stone walls, lest he spoyle the vines, or corne, neighbouring on the high way. And these kinde of lets are externall, and absolute; in which sense all Servants, and Subjects are free, who are not fetter'd and imprisoned. There are others which are arbitrary, which doe not absolutely hinder motion, but by accident; to wit, by our own choyce, as he that is in a ship is not so hindered, but he may cast himselfe into the Sea, if he will: and here also the more wayes a man may move himselfe, the more liberty he hath, and herein consists civill liberty; for no man, whether subject, sonne, or servant, is so hindred by the punishments appointed by the City, the Father, or the Lord, how cruell soever, but that he may doe all things, and make use of all meanes necessary to the preservation of his life and health. For my part therefore I cannot finde what reason a meer servant hath to make complaints, if they relate onely to want of liberty, unlesse he count it a misery to be restrained from hurting himselfe, and to receive that life, (which by warre, or misfortune, or through his own idlenesse was forfeited) together with all manner of sustenance, and all things necessary to the conservation of health, on this condition only, that he will be rul'd: for he that is kept in by punishments layd before him, so as he dares not let loose the reines to his will in all things; is not opprest by servitude, but is governed and sustained. But this priviledge free subjects and sonnes of a family, have above servants, (in every government, and family, where servants are) that they may both undergoe the more honourable offices of the City or family, and also enjoy a larger possession of things superfluous. And herein layes the difference between a free subject, and a servant, that he is FREE, but a SERVANT is he who also indeed, who serves his City onely; serves his fellow subject: all other liberty is an exemption from the Lawes of the City, and proper only to those that bear Rule.
X. A Father, with his sonnes and servants growne into a civill Person by vertue of his paternall jurisdiction, is called a FAMILY. This family, if through multiplying of children, and acquisition of servants, it becomes numerous, insomuch as without casting the uncertain dye of warre, it cannot be subdued, will be termed an Hereditary Kingdome; which though it differ from an institutive Monarchy, being acquired by force in the original, & manner of its constitution; yet being constituted, it hath al the same properties, and the Right of authority is every where the same, insomuch as it is not needfull to speak any thing of them apart.
XI. It hath been spoken, by what Right supreme authorities are constituted. Wee must now briefly tell you by what right they may be continued. Now the Right by which they are continued, is that which is called the right of SUCCESSION. Now because in a Democratie, the supreme authority is with the People, as long as there be any subjects in being, so long it rests with the same Person; for the People hath no Successour. In like manner in an Aristocraty, one of the Nobles dying, some other by the rest is substituted in his place; and therefore except they all dye together, which I suppose will never happen, there is no succession. The Querie therefore of the Right of Succession takes place onely in an absolute Monarchy. For they who exercise the supreme power for a time onely, are themselves no Monarchs, but Ministers of state.
XII. But first, if a Monarch shall by Testament appoint one to succeed him, the Person appointed shall succeed; for if he be appointed by the People, he shall have all the Right over the City which the People had, as hath been shewed in the 7. Chap. Art. 11. But the People might choose him; by the same Right therefore may he choose another; But in an hereditary Kingdome there are the same Rights as in an institutive; Wherefore, every Monarch may by his will make a successour.
XIII. But what a man may transferre on another by Testament, that by the same Right may he yet living, give, or sell away; To whomsoever therefore he shall make over the supreme power, whether by gift, or sale, it is rightly made.
XIV. But if living, he have not declared his will concerning his successour by Testament, nor otherwise, it is supposed, First, that he would not have his Government reduced to an Anarchy, or the state of warre, (that is) to the destruction of his subjects; as well because he could not doe that without breach of the Lawes 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 successour according to the signes of his will. It is understood therefore, that he would have his subjects to be under a Monarchicall Government rather then any other, because he himselfe in ruling, hath before approved of that state by his example, and hath not afterward either by any word or deed condemned it.
XV. Furthermore, because by naturall necessity all men wish them better from whom they receive glory, and honour, then others; but every man after death receives honour and glory from his children, sooner then from the power of any other men: hence we gather, that a father intends better for his children, then any other persons. 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, custome may be one, for he that makes no mention of his succession, is supposed to consent to the customes of his Realme.
XVI. Among children the Males carry the preheminence, in the beginning perhaps, because for the most part (although not alwayes) they are fitter for the administration of greater matters, but specially of wars; but afterwards, when it was grown a custome, because that custome was not contradicted; and therefore the will of the Father, unlesse some other custome or signe doe clearly repugne it, is to be interpreted in favour of them.
XVII. Now because the Sonnes are equall, 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 naturall lot, and by this the eldest is already prefer'd; 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 sonne, doth no lesse for the first born daughter.
XVIII. But if he have no children, then the command shall pass to his Brothers & Sisters, for the same reason, that the children should have succeeded if he had had them: for those that are nearest to us in nature, are supposed to be nearest in benevolence; and to his brothers, sooner then his sisters, and to the elder sooner then the yonger; for the reason is the same for these which it was for the children.
XIX. Furthermore, by the same reason that men succeed to the power, doe they also succeed to the Right of succession: for if the first-born dye before the Father, it will be judged, that he transferred his Right of succession unto his children, unlesse the Father have otherwise decreed it, and therefore the Nephewes will have a fairer pretence to the succession, then the Uncles. I say all these things will be thus, if the custome of the place (which the Father by not contradicting, will be judged to have consented to) doe not hinder them.
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