use 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. The legislative
power, whence the positive law is derived, must either be established
by original contract, long possession, present possession, conquest, or
succession; and consequently the positive law must derive its force
from some of those principles. But here it is remarkab