ESSAY

XXV.

Of the ORIGINAL CONTRACT.

A

S no party, in the prefent age, can pretend to fupport itself, without a philofophical or speculative system of principles, annex'd to its political or practical one; we accordingly find, that each of the parties, into which this nation is divided, has rear'd up a fabric of the former kind, in order to protect and cover that fcheme of actions, which it profecutes. The people being commonly very rude builders, especially in this fpeculative way, and more especially ftill, when actuated by party zeal; '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 rais'd. 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 lefs 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 referv'd the power of refifting their fovereign, whenever they find themfelves

felves aggriev'd by that authority, with which they have, for certain purposes, voluntarily entrusted him. These are the speculative principles of the two parties; and these too are the practical confequences, deduc'd from them.

I SHALL venture to affirm, That both thefe fyftems of fpeculative principles are juft; tho' not in the fense, intended by the parties: And That both the Schemes of practical confequences are prudent; tho' not in the extremes, to which each party, in oppofition to the other, has commonly endeavour'd to carry them.

THAT the DEITY is the ultimate author of all government, will never be denied by any one 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 least in any comfortable or secure state, 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 universally, 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 deceiv'd by any event or operation. But fince he gave rife to it, not by any particular or miraculous interpofition, but by his conceal'd and universal efficacy; a fovereign cannot, properly speaking, be call'd his vice-gerent, in any other sense than every power or force, being deriv'd from him, may be faid

to

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 reason, upon that account, to plead a peculiar facredness or inviolable autho rity, 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, tho' unknown, bestow power on a Borgia or an Angria. The fame caufes, which gave rife to the fovereign power in every state, establish'd likewise every petty jurifdiction 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, 'ere cultivated by education; we muft neceffarily allow, that nothing but their own confent cou'd, at first, associate them together, and fubject them to any authority. The PEOPLE, if we trace up government to its first origin in the woods and deferts, are the fource of all power and jurifdiction, and voluntarily, for the fake of peace and. order, abandon'd their native liberty, and receiv'd laws from their equal and companion. The conditions, upon which they were willing to fubmit,

*Henry the 4th of France.

were

were either expreft, or were fo clear and obvious, that it might well be efteem'd fuperfluous to express them. If this, then, be meant by the original contraft, it cannot be denied, that all government is, at firft, founded on a contract, and that the most ancient rude combinations of mankind were form'd entirely by that principle. In vain, are we sent 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 ufe of writing, and all the other civiliz'd arts of life. But 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 deriv'd from authority, the effect of eftablifh'd government. A man's natural force confifts only in the vigour of his limbs and the firmness of his courage; which could never subject multitudes to the command of one. Nothing but their own confent, and their sense of the advantages of peace and order,, could have had that influence.

BUT philofophers, who have embrac'd a party (if that be not a contradiction in terms) are not contented with these 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 prefent, when it has attain'd 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

bound by the obligation and sanction of a promise. 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 imposes 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 fide, the articles of engagement, and has thereby freed his fubjects from all obligations to allegiance. Such, according to thefe philofophers, is the foundation of authority in every government; and fuch the right of refiftance, poffeft by every subject.

BUT would these reasoners look abroad into the world, they would meet with nothing that, in the leaft, corresponds to their ideas, or can warrant fo refin'd and philofophical a fyftem. 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 also, every where, fubjects, who acknowledge this right in their princes, and suppose 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 conceiv'd to be equally independent of our confent, in Perfia and China; in France and Spain; and even in Holland and England, wherever the doctrines abovemention'd have not been carefully inculcated. Obedience or fubjection becomes fo

familiar,