| When neither long possession, nor present possession, nor conquest take place, as when the first sovereign, who founded any monarchy, dies; in that case, the right of succession naturally prevails in their stead, and men are commonly induced to place the son of their late monarch on the throne, and suppose him to inherit his father's authority. |
| The presumed consent of the father, the imitation of the succession to private families, the interest, which the state has in chusing the person, who is most powerful, and has the most numerous followers; all these reasons lead men to prefer the son of their late monarch to any other person. |
| [Footnote 24 To prevent mistakes I must observe, that this case of succession is not the same with that of hereditary monarchies, where custom has fix'd the right of succession. |
| These depend upon the principle of long possession above explain'd.] |
| These reasons have some weight; but I am persuaded, that to one, who considers impartially of the matter, it will appear, that there concur some principles of the imagination, along with those views of interest. |
| The royal authority seems to be connected with the young prince even in his father's life-time, by the natural transition of the thought; and still more after his death: So that nothing is more natural than to compleat this union by a new relation, and by putting him actually in possession of what seems so naturally to belong to him. |
| To confirm this we may weigh the following phaenomena, which are pretty curious in their kind. |
| In elective monarchies the right of succession has no place by the laws and settled custom; and yet its influence is so natural, that it is impossible entirely to exclude it from the imagination, and render the subjects indifferent to the son of their deceased monarch. |
| Hence in some governments of this kind, the choice commonly falls on one or other of the royal family; and in some governments they are all excluded. |
| Those contrary phaenomena proceed from the same principle. |
| Where the royal family is excluded, it is from a refinement in politics, which makes people sensible of their propensity to chuse a sovereign in that family, and gives them a jealousy of their liberty, lest their new monarch, aided by this propensity, should establish his family, and destroy the freedom of elections for the future. |
| The history of Artaxerxes, and the younger Cyrus, may furnish us with some reflections to the same purpose. |
| Cyrus pretended a right to the throne above his elder brother, because he was born after his father's accession. |
| I do not pretend, that this reason was valid. |
| I would only infer from it, that he would never have made use of such a pretext, were it not for the qualities of the imagination above-mentioned, by which we are naturally inclined to unite by a new relation whatever objects we find already united. |
| Artaxerxes had an advantage above his brother, as being the eldest son, and the first in succession: But Cyrus was more closely related to the royal authority, as being begot after his father was invested with it. |
| Should it here be pretended, that the view of convenience may be the source of all the right of succession, and that men gladly take advantage of any rule, by which they can fix the successor of their late sovereign, and prevent that anarchy and confusion, which attends all new elections? To this I would answer, that I readily allow, that this motive may contribute something to the effect; but at the same time I assert, that without another principle, it is impossible such a motive should take place. |
| The interest of a nation requires, that the succession to the crown should be fixed one way or other; but it is the same thing to its interest in what way it be fixed: So that if the relation of blood had not an effect independent of public interest, it would never have been regarded, without a positive law; and it would have been impossible, that so many positive laws of different nations coued ever have concured precisely in the same views and intentions. |
| This leads us to consider the fifth source of authority, viz. |
| positive laws; when the legislature establishes a certain form of government and succession of princes. |
| At first sight it may be thought, that this must resolve into some of the preceding titles of authority. |