CHAPTER XIX
OF THE SEVERAL KINDS OF COMMONWEALTH BY INSTITUTION,
AND OF SUCCESSION TO THE SOVEREIGN POWER
THE difference of Commonwealths consisteth in the difference
of the sovereign, or the person representative of all and every one of
the multitude. And because the sovereignty is either in one man, or in
an assembly of more than one; and into that assembly either every man hath
right to enter, or not every one, but certain men distinguished from the
rest; it is manifest there can be but three kinds of Commonwealth. For
the representative must needs be one man, or more; and if more, then it
is the assembly of all, or but of a part. When the representative is one
man, then is the Commonwealth a monarchy; when an assembly of all that
will come together, then it is a democracy, or popular Commonwealth; when
an assembly of a part only, then it is called an aristocracy. Other kind
of Commonwealth there can be none: for either one, or more, or all, must
have the sovereign power (which I have shown to be indivisible) entire.
There be other names of government in the histories and books
of policy; as tyranny and oligarchy; but they are not the names of other
forms of government, but of the same forms misliked. For they that are
discontented under monarchy call it tyranny; and they that are displeased
with aristocracy call it oligarchy: so also, they which find themselves
grieved under a democracy call it anarchy, which signifies want of government;
and yet I think no man believes that want of government is any new kind
of government: nor by the same reason ought they to believe that the government
is of one kind when they like it, and another when they mislike it or are
oppressed by the governors.
It is manifest that men who are in absolute liberty may, if
they please, give authority to one man to represent them every one, as
well as give such authority to any assembly of men whatsoever; and consequently
may subject themselves, if they think good, to a monarch as absolutely
as to other representative. Therefore, where there is already erected a
sovereign power, there can be no other representative of the same people,
but only to certain particular ends, by the sovereign limited. For that
were to erect two sovereigns; and every man to have his person represented
by two actors that, by opposing one another, must needs divide that power,
which (if men will live in peace) is indivisible; and thereby reduce the
multitude into the condition of war, contrary to the end for which all
sovereignty is instituted. And therefore as it is absurd to think that
a sovereign assembly, inviting the people of their dominion to send up
their deputies with power to make known their advice or desires should
therefore hold such deputies, rather than themselves, for the absolute
representative of the people; so it is absurd also to think the same in
a monarchy. And I know not how this so manifest a truth should of late
be so little observed: that in a monarchy he that had the sovereignty from
a descent of six hundred years was alone called sovereign, had the title
of Majesty from every one of his subjects, and was unquestionably taken
by them for their king, was notwithstanding never considered as their representative;
that name without contradiction passing for the title of those men which
at his command were sent up by the people to carry their petitions and
give him, if he permitted it, their advice. Which may serve as an admonition
for those that are the true and absolute representative of a people, to
instruct men in the nature of that office, and to take heed how they admit
of any other general representation upon any occasion whatsoever, if they
mean to discharge the trust committed to them.
The difference between these three kinds of Commonwealth consisteth,
not in the difference of power, but in the difference of convenience or
aptitude to produce the peace and security of the people; for which end
they were instituted. And to compare monarchy with the other two, we may
observe: first, that whosoever beareth the person of the people, or is
one of that assembly that bears it, beareth also his own natural person.
And though he be careful in his politic person to procure the common interest,
yet he is more, or no less, careful to procure the private good of himself,
his family, kindred and friends; and for the most part, if the public interest
chance to cross the private, he prefers the private: for the passions of
men are commonly more potent than their reason. From whence it follows
that where the public and private interest are most closely united, there
is the public most advanced. Now in monarchy the private interest is the
same with the public. The riches, power, and honour of a monarch arise
only from the riches, strength, and reputation of his subjects. For no
king can be rich, nor glorious, nor secure, whose subjects are either poor,
or contemptible, or too weak through want, or dissension, to maintain a
war against their enemies; whereas in a democracy, or aristocracy, the
public prosperity confers not so much to the private fortune of one that
is corrupt, or ambitious, as doth many times a perfidious advice, a treacherous
action, or a civil war.
Secondly, that a monarch receiveth counsel of whom, when, and
where he pleaseth; and consequently may hear the opinion of men versed
in the matter about which he deliberates, of what rank or quality soever,
and as long before the time of action and with as much secrecy as he will.
But when a sovereign assembly has need of counsel, none are admitted but
such as have a right thereto from the beginning; which for the most part
are of those who have been versed more in the acquisition of wealth than
of knowledge, and are to give their advice in long discourses which may,
and do commonly, excite men to action, but not govern them in it. For the
understanding is by the flame of the passions never enlightened, but dazzled:
nor is there any place or time wherein an assembly can receive counsel
secrecy, because of their own multitude.
Thirdly, that the resolutions of a monarch are subject to no
other inconstancy than that of human nature; but in assemblies, besides
that of nature, there ariseth an inconstancy from the number. For the absence
of a few that would have the resolution, once taken, continue firm (which
may happen by security, negligence, or private impediments), or the diligent
appearance of a few of the contrary opinion, undoes today all that was
concluded yesterday.
Fourthly, that a monarch cannot disagree with himself, out of
envy or interest; but an assembly may; and that to such a height as may
produce a civil war.
Fifthly, that in monarchy there is this inconvenience; that
any subject, by the power of one man, for the enriching of a favourite
or flatterer, may be deprived of all he possesseth; which I confess is
a great an inevitable inconvenience. But the same may as well happen where
the sovereign power is in an assembly: for their power is the same; and
they are as subject to evil counsel, and to be seduced by orators, as a
monarch by flatterers; and becoming one another's flatterers, serve one
another's covetousness and ambition by turns. And whereas the favourites
of monarchs are few, and they have none else to advance but their own kindred;
the favourites of an assembly are many, and the kindred much more numerous
than of any monarch. Besides, there is no favourite of a monarch which
cannot as well succour his friends as hurt his enemies: but orators, that
is to say, favourites of sovereign assemblies, though they have great power
to hurt, have little to save. For to accuse requires less eloquence (such
is man's nature) than to excuse; and condemnation, than absolution, more
resembles justice.
Sixthly, that it is an inconvenience in monarchy that the sovereignty
may descend upon an infant, or one that cannot discern between good and
evil: and consisteth in this, that the use of his power must be in the
hand of another man, or of some assembly of men, which are to govern by
his right and in his name as curators and protectors of his person and
authority. But to say there is inconvenience in putting the use of the
sovereign power into the hand of a man, or an assembly of men, is to say
that all government is more inconvenient than confusion and civil war.
And therefore all the danger that can be pretended must arise from the
contention of those that, for an office of so great honour and profit,
may become competitors. To make it appear that this inconvenience proceedeth
not from that form of government we call monarchy, we are to consider that
the precedent monarch hath appointed who shall have the tuition of his
infant successor, either expressly by testament, or tacitly by not controlling
the custom in that case received: and then such inconvenience, if it happen,
is to be attributed, not to the monarchy, but to the ambition and injustice
of the subjects, which in all kinds of government, where the people are
not well instructed in their duty and the rights of sovereignty, is the
same. Or else the precedent monarch hath not at all taken order for such
tuition; and then the law of nature hath provided this sufficient rule,
that the tuition shall be in him that hath by nature most interest in the
preservation of the authority of the infant, and to whom least benefit
can accrue by his death or diminution. For seeing every man by nature seeketh
his own benefit and promotion, to put an infant into the power of those
that can promote themselves by his destruction or damage is not tuition,
but treachery. So that sufficient provision being taken against all just
quarrel about the government under a child, if any contention arise to
the disturbance of the public peace, it is not to be attributed to the
form of monarchy, but to the ambition of subjects and ignorance of their
duty. On the other side, there is no great Commonwealth, the sovereignty
whereof is in a great assembly, which is not, as to consultations of peace,
and war, and making of laws, in the same condition as if the government
were in a child. For as a child wants the judgement to dissent from counsel
given him, and is thereby necessitated to take the advice of them, or him,
to whom he is committed; so an assembly wanteth the liberty to dissent
from the counsel of the major part, be it good or bad. And as a child has
need of a tutor, or protector, to preserve his person and authority; so
also in great Commonwealths the sovereign assembly, in all great dangers
and troubles, have need of custodes libertatis; that is, of dictators,
or protectors of their authority; which are as much as temporary monarchs
to whom for a time they may commit the entire exercise of their power;
and have, at the end of that time, been oftener deprived thereof than infant
kings by their protectors, regents, or any other tutors.
Though the kinds of sovereignty be, as I have now shown, but
three; that is to say, monarchy, where one man has it; or democracy, where
the general assembly of subjects hath it; or aristocracy, where it is in
an assembly of certain persons nominated, or otherwise distinguished from
the rest: yet he that shall consider the particular Commonwealths that
have been and are in the world will not perhaps easily reduce them to three,
and may thereby be inclined to think there be other forms arising from
these mingled together. As for example, elective kingdoms; where kings
have the sovereign power put into their hands for a time; or kingdoms wherein
the king hath a power limited: which governments are nevertheless by most
writers called monarchy. Likewise if a popular or aristocratical Commonwealth
subdue an enemy's country, and govern the same by a president, procurator,
or other magistrate, this may seem perhaps, at first sight, to be a democratical
or aristocratical government. But it is not so. For elective kings are
not sovereigns, but ministers of the sovereign; nor limited kings sovereigns,
but ministers of them that have the sovereign power; nor are those provinces
which are in subjection to a democracy or aristocracy of another Commonwealth
democratically or aristocratically governed, but monarchically.
And first, concerning an elective king, whose power is limited
to his life, as it is in many places of Christendom at this day; or to
certain years or months, as the dictator's power amongst the Romans; if
he have right to appoint his successor, he is no more elective but hereditary.
But if he have no power to elect his successor, then there is some other
man, or assembly known, which after his decease may elect a new; or else
the Commonwealth dieth, and dissolveth with him, and returneth to the condition
of war. If it be known who have the power to give the sovereignty after
his death, it is known also that the sovereignty was in them before: for
none have right to give that which they have not right to possess, and
keep to themselves, if they think good. But if there be none that can give
the sovereignty after the decease of him that was first elected, then has
he power, nay he is obliged by the law of nature, to provide, by establishing
his successor, to keep to those that had trusted him with the government
from relapsing into the miserable condition of civil war. And consequently
he was, when elected, a sovereign absolute.
Secondly, that king whose power is limited is not superior to
him, or them, that have the power to limit it; and he that is not superior
is not supreme; that is to say, not sovereign. The sovereignty therefore
was always in that assembly which had the right to limit him, and by consequence
the government not monarchy, but either democracy or aristocracy; as of
old time in Sparta, where the kings had a privilege to lead their armies,
but the sovereignty was in the Ephori.
Thirdly, whereas heretofore the Roman people governed the land
of Judea, for example, by a president; yet was not Judea therefore a democracy,
because they were not governed by any assembly into which any of them had
right to enter; nor by an aristocracy, because they were not governed by
any assembly into which any man could enter by their election: but they
were governed by one person, which though as to the people of Rome was
an assembly of the people, or democracy; yet as to the people of Judea,
which had no right at all of participating in the government, was a monarch.
For though where the people are governed by an assembly, chosen by themselves
out of their own number, the government is called a democracy, or aristocracy;
yet when they are governed by an assembly not of their own choosing, it
is a monarchy; not of one man over another man, but of one people over
another people.
Of all these forms of government, the matter being mortal, so
that not only monarchs, but also whole assemblies die, it is necessary
for the conservation of the peace of men that as there was order taken
for an artificial man, so there be order also taken for an artificial eternity
of life; without which men that are governed by an assembly should return
into the condition of war in every age; and they that are governed by one
man, as soon as their governor dieth. This artificial eternity is that
which men call the right of succession.
There is no perfect form of government, where the disposing
of the succession is not in the present sovereign. For if it be in any
other particular man, or private assembly, it is in a person subject, and
may be assumed by the sovereign at his pleasure; and consequently the right
is in himself. And if it be in no particular man, but left to a new choice;
then is the Commonwealth dissolved, and the right is in him that can get
it, contrary to the intention of them that did institute the Commonwealth
for their perpetual, and not temporary, security.
In a democracy, the whole assembly cannot fail unless the multitude
that are to be governed fail. And therefore questions of the right of succession
have in that form of government no place at all.
In an aristocracy, when any of the assembly dieth, the election
of another into his room belonged to the assembly, as the sovereign, to
whom belonged the choosing of all counsellors and officers. For that which
the representative doth, as actor, every one of the subjects doth, as author.
And though the sovereign assembly may give power to others to elect new
men, for supply of their court, yet it is still by their authority that
the election is made; and by the same it may, when the public shall require
it, be recalled.
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 property 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 judgement
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.
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.
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 lifetime. 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.
But where neither custom nor testament hath preceded, there
it is to he 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.
But if it be lawful for a monarch to dispose of the succession
by words of contract, or testament, men may perhaps object a great inconvenience:
for he may sell or give his right of governing to a stranger; which, because
strangers (that is, men not used to live under the same government, nor
speaking the same language) do commonly undervalue one another, may turn
to the oppression of his subjects, which is indeed a great inconvenience:
but it proceedeth not necessarily from the subjection to a stranger's government,
but from the unskillfulness of the governors, ignorant of the true rules
of politics. And therefore the Romans, when they had subdued many nations,
to make their government digestible were wont to take away that grievance
as much as they thought necessary by giving sometimes to whole nations,
and sometimes to principal men of every nation they conquered, not only
the privileges, but also the name of Romans; and took many of them into
the Senate, and offices of charge, even in the Roman city. And this was
it our most wise king, King James, aimed at in endeavouring the union of
his two realms of England and Scotland. Which, if he could have obtained,
had in all likelihood prevented the civil wars which both those kingdoms,
at this present, miserable. It is not therefore any injury to the people
for a monarch to dispose of the succession by will; though by the fault
of many princes, it hath been sometimes found inconvenient. Of the lawfulness
of it, this also is an argument; that whatsoever inconvenience can arrive
by giving a kingdom to a stranger, may arrive also by so marrying with
strangers, as the right of succession may descend upon them: yet this by
all men is accounted lawful.