CHAPTER XIX.

OF THE SEVERAL KINDS OF COMMONWEALTH BY

INSTITUTION, AND OF SUCCESSION TO THE

SOVEREIGN POWER.

[Sidenote: The different forms of commonwealths but three.]

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 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.

[Sidenote: Tyranny and oligarchy, but different names of monarchy, and

aristocracy.]

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.

[Sidenote: Subordinate representatives dangerous.]

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 any 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 representatives 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; the 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.

[Sidenote: Comparison of monarchy, with sovereign assemblies.]

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 dissention, 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 with 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 to-day, 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 and

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 judgment 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.

[Sidenote: Definition of monarchy, and other forms.]

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 anew, 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 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 the which, any of

them, had right to enter; nor 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.

[Sidenote: Of the right of succession.]

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 belongeth to the assembly, as the sovereign, to

whom belongeth 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.

[Sidenote: The present monarch hath right to dispose of the succession.]

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 propriety, 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 judgment

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.

[Sidenote: Succession passeth by express words;]

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.

[Sidenote: Or, by not controlling a custom;]

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.]

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 unskilfulness 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 make 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.

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The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) · 第 4 / 21 章