The Political Works of Thomas Hobbes (4 Books in One Edition). Thomas Hobbes
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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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