ESSAY XII.

OF THE ORIGINAL CONTRACT.

A

S no party, in the prefent age, can fupport itself, without a philosophical or speculative system of principles, annexed to its political or practical one; we accordingly find, that each of the parties, into which this nation is divided, has reared up a fabric of the former kind, in order to protect and cover that scheme of actions, which it purfues. The people being commonly very rude builders, especially in this fpeculative way, and more especially still, when actuated by partyzeal; 'tis natural to imagine, that their workmanship must be a little unshapely, and discover evident marks of that violence and hurry, in which it was raised. The one party, by tracing up the origin of government to the DEITY, endeavour to render government fo facred and inviolate, that it must be little less than facrilege, however diforderly it may become, to touch or invade it, in the fmalleft article. The other party, by founding government altogether on the confent of the PEOPLE, fuppofe that there is a kind of original contract, by which the fubjects have referved the power of refifting their fovereign whenever they find themselves aggrieved by that authority, with which they have, for certain purposes, volun

tarily

tarily entrusted him. These are the fpeculative principles of the two parties; and these too are the practical confequences deduced from them.

I shall venture to affirm, That both these systems of Speculative principles are just; though not in the fenfe, intended by the parties: And That both the schemes of practical confequences are prudent; though not in the extremes, to which each party, in oppofition to the other, has commonly endeavoured to carry them.

That the DEITY is the ultimate author of all government, will never be denied by any who admits a general providence, and allows, that all events in the universe are conducted by an uniform plan, and directed to wife purposes. As 'tis impoffible for human race to fubfift, at leaft in any comfortable or fecure ftate, without the protection of government; government muft certainly have been intended by that beneficent Being, who means the good of all his creatures: And as it has univerfally, in fact, taken place, in all countries, and all ages; we may conclude, with ftill greater certainty, that it was intended by that omniscient Being, who can never be deceived by any event or operation. But fince he gave rife to it, not by any particular or miraculous interpofition, but by his concealed and univerfal efficacy; a fovereign cannot, properly fpeaking, be called his vicegerent, in any other sense than every power or force, being derived from him, may be faid to act by his commiffion. Whatever actually happens is comprehended in the general plan or intention of providence; nor has the greatest and most lawful prince any more reafon, upon that account, to plead a peculiar facredness or inviolable authority,

than

than an inferior magistrate, or even an ufurper, or even a robber and a pyrate. The fame divine fuper-intendant, who, for wife purposes, invefted an ELIZABETH or a HENRY* with authority, did alfo, for purposes, no doubt, equally wife, though unknown, bestow power on a BORGIA or an ANGRIA. The fame causes which gave rife to the fovereign power in every state, established likewise every petty jurisdiction in it, and every limited authority. A conftable therefore, no less than a king, acts by a divine commiffion, and poffeffes an indefeasible right.

When we confider how nearly equal all men are in their bodily force, and even in their mental powers and faculties, till cultivated by education; we muft neceffarily allow, that nothing but their own confent could, at firft, affociate them together, and subject them to any authority. The people, if we trace government to its firft origin in the woods and defarts, are the fource of all power and jurisdiction, and voluntarily, for the fake of peace and order, abandoned their native liberty, and received laws from their equal and companion. The conditions, upon which they were willing to fubmit; were either expreft, or were fo clear and obvious, that it might well be esteemed fuperfluous to exprefs them. If this, then, be meant by the original contract, it cannot be denied, that all government is, at firft, founded on a contract, and that the most antient rude combinations of mankind were formed entirely by that principle. In vain, are we fent to the records to feek for this charter of our liberties. It was not wrote on parchment, nor yet on leaves or barks of trees. It preceded the use of writing and all the other civilized arts of life, But * HENRY the 4th of FRANCE. Uuu

VOL. I.

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we trace it plainly in the nature of man, and in the equality, which we find in all the individuals of that fpecies. The force, which now prevails, and which is founded on fleets and armies, is plainly political, and derived from authority, the effect of established government. A man's natural force confifts only in the vigour of his limbs, and the firmness of his courage; which could never fubject multitudes to the command of one. Nothing but their own confent, and their fenfe of the advantages of peace and order, could have had that influence.

But philofophers, who have embraced a party (if that be not a contradiction in terms) are not contented with thefe conceffions. They affert, not only that government in its earliest infancy arose from confent, or the voluntary combination of the people; but also, that, even at present, when it has attained its full maturity, it refts on no other foundation. They affirm, that all men are ftill born equal, and owe allegiance to no prince or government, unless bound by the obligation and fanction of a promife. And as no man, without fome equivalent, would forego the advantages of his native liberty, and fubject himself to the will of another; this promise is always understood to be conditional, and impofes on him no obligation, unless he meets with juftice and protection from his fovereign. These advantages the fovereign promises him in return; and if he fails in the execution, he has broke, on his part, the articles of engagement, and has thereby freed his fubjects from all obligations to allegiance. Such, according to these philofophers, is the foundation of authority in every government; and fuch the right of resistance, poffeft by every subject.

But would thefe reafoners look abroad into the world, they would meet with nothing that, in the leaft, correfponds to their ideas, or can warrant fo refined and philofophical a theory. On the contrary, we find, every where, princes, who claim their fubjects as their property, and affert their independent right of fovereignty, from conqueft or fucceffion. We find alfo, every where, fubjects, who acknowlege this right in their princes, and fuppofe themselves born under obligations of obedience to a certain fovereign, as much as under the ties of reverence and duty to certain parents. These connexions are always conceived to be equally independent of our consent, in PERSIA and CHINA; in FRANCE and SPAIN; and even in HOLLAND and ENGLAND, wherever the doctrines abovementioned have not been carefully inculcated. Obedience or fubjection becomes so familiar, that most men never make any enquiry about its origin or cause, more than about the principle of gravity, refiftance, or the moft univerfal laws of naOr if curiofity ever move them; fo foon as they learn, that they themselves and their ancestors have, for several ages, or from time immemorial, been subject to such a government or fuch a family; they immediately acquiefce, and acknowlege their obligation to allegiance. Were you to preach, in most parts of the world, that political connexions are founded altogether on voluntary confent or a mutual promise, the magiftrate would foon imprison you, as feditious, for loosening the ties of obedience; if your friends did not before shut you up, as delirious, for advancing such abfurdities. 'Tis strange, that an act of the mind, which every individual is supposed to have formed, and after he came to the use of reason too, otherwise it could have no authority; that this act, I fay, should be so Uuu 2

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