HE that will endeavour to make the yoke of government more easie , by setting a people loose from the restraints of positive lawes , upon pretence , The cause upon which men are mis-led to a desire of Innovation . they may justly use their native liberty , and resume their originall power , if civill constitutions , which were agreed upon for their good , be not effectuall to that end , but prove disadvantageous to them , shall be sure to meet with many favourable Readers . Because the greater part of mankinde , as in other matters , so in this present case , are easily prevailed upon , to make a truce with conscience , and eagerly to prosecute what appeares most profitable . And the chiefest cause of our miseries is , that they do not rightly apprebend what is truely advantageous . For States are framed upon a sinister opinion of men , they suppose most ( as it doth commonly fall out ) will be dishonest , yet if they be not unwise , and suffer themselves to be carried on , as against conscience , so against interest also , a Kingdome cannot want plentifull meanes of subsisting , of flourishing . The ground of these unhappy mistakes , ( which makes them advance publique ruine , wherein all single men will be lost , while they are vainely encouraged by deceiving hopes of being private gainers ) can be no other but this . They rule their actions and desires but by one syllogisme , and looke upon the immediate consequence , which is a satisfaction of some particular ends , and serving some present turne , and have not ordinarily so much depth of understanding , as to be able to discerne the future evils , which will inevitably spring from the same fountaine . They are not capable of that good counsell of Polybius , Non tantùm praesentia spectare , sed & futura prospicere , & quis exitus inde futurus sit . The bait onely is visible to most , and accordingly the reall goods which are promised by innovation ( for no government being free from all evill , therefore every proposall of change is easily baited with some good ) are entertained with delight , but once unwarily swallowed , they become hookes in the entralls It happens to most men , that they behold the children ( as of their bodies , so ) of their opinions ; but the grandchildren of their tenents : — Caliginosà nocte premit Deus , Nepotes discursus ,

The further removed consequences ( though allyed in a right line ) they have not strength of reason to discover . Quisque nascitur liber , 1. False , because all are subject by nature to paternall power , and consequently to the supreame Magistrate , to whom divine law confirmes the severall powers which Fathers resigned up . 2. If true , it concludes not for them , because out naturall liberty is restrained by consent .

To instance in two maine principles , by which the seduced multitude hath beene tempted to catch at empty happinesse , and thereby have pulled upon themselves misery and destruction .

The first is a doctrine craftily instill'd into the mindes of the people , upon no other foundation then a mistake , in the meaning of true and profitable liberty , that the law of Nature doth justifie any attempts to shake off those bonds imposed upon them by Superiours , if inconvenient and destructive of native freedome : the fallacie of which is easily discerned by understanding men . It is true , if we looke upon the Priviledges of Nature , ( abstracting from paternall dominion ) Freedome is the birth-right of mankinde , and equally common to every one , as the Aire we breath in , or the Sun which sheds his beames and lustre , as comfortably upon Beggars , as upon the Kings of the earth . This Freedome was an unlimited power to use our abilities , according as will did prompt . The restraint of which would questionlesse have beene very grievous , but that experience did demonstrate , it was not so delightfull to do what ever they liked , as it was miserable , to suffer as much as it pleased others to inflict . The evils which flow from want of Government . For any that was stronger then his neighbour had it in his power to hinder him from injoying the benefits of liberty ; nor yet could the most powerfull man among them take any extraordinary comfort in this as yet hostile State , because his minde was distracted with continuall feares , since there was not any so contemptibly weake , but that if he despised his owne life , or desired to enjoy it with more uncontrolled pleasures , he might make himselfe Master of any other mans , though not by force , yet by subtilty , and watching advantages , or at least a few combining might destroy the strongest , and might be tempted so to doe , for their fuller security .

This was their unhappy condition amidst feares and jealousies , wherein each single person look't upon the world as his enemy , and doubted ( as formerly Cain , when he was excommunicated and cut off from the civill body ) lest the hand of every man might be upon him ; and to this confusion the disturbers of this State endeavour to reduce us , not that this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , want of order , most hatefull to God , can be pleasant to the most wicked man ; but as knowing the effect of it , an insupportable and generall calamity will quickly unite multitudes into a people again , and force them to restore some government ; and they may hope in a new compact to gaine a greater share in the rule , then their ambition hath beene able to force from the setled Kingdome .

I will adde the unavoidable occasions of quarrell , extreamely opposite to the prime dictate of nature , the preservation of themselves , and to the meanes which conduce thereto , a peaceable injoyment of the comforts of this life . For whilest every one had right to all , no body could with safety make use of any thing ; since when some would take to themselves what others delighted in , their desires and right being equall ; there was no title but that of greater force , which could determine to whom it ought to belong , and this could not be knowne but by fighting , and this right reason abhorred , as by which men would either be exposed to famine in the midst of plenty , or else be forced daily to hazard the losse of their lives , out of a naturall desire of conserving them .

The sense of these calamities quickning their understandings to finde out , The remedy of those evils , civill unity . easily prevailed with their wils , to entertaine a remedy of so great evils ; which manifestly proceeding from division , the ready cure was to make themselves one , because no body is at variance with it selfe . There being no way to effect this naturally , they reduce themselves into a civill unitie , by placing over them one head , and by making his will the will of them all , to the end there might be no gap left open by schisme to returne to their former confusion . Because the wills of men , though the fountaines of all voluntary actions , yet are not themselves the objects of choice ; ( for we cannot will to be willing , ( this would be infinite ) but to performe what is commanded ) and so are not capable of being obliged by compacts ; therefore this submission of all to the will of one ; or this union of them agreed upon , is to be understood in a politique sense , and signifies the giving up of every mans particular power into his disposall , so that he may be inabled to force those who are unwilling upon some private ends , to be obedient for the common good ; otherwise they would enjoy the benefits of others faith in observing lawes , and the advantages of their owne violations and breaches , which may probably be prevented , if penalties be appointed much greater then the profit which can come by their disobedience ; because , as men are naturally tempted by hopes of good , so they are as naturally deterred by a certaine expectation of greater evils .

Thus also by transferring every particular mans power into the hands of one , is not meant a reall laying downe and naturall translation of their strength , ( because their nerves and sinewes are not alienable , as their money and goods ) but a consent and mutuall obligation ( as of all to one , whether he be King , as in a Monarchy ; or some Nobles , for they are one too , as in Aristocracy , so of every one to each other ) of not using their naturall power , but onely as Law shall require , that is , of not resisting that body in which the supreame power is placed , as likewise of aiding him , or them by vertue of that promise , or of that oath , according to the nature of the contract , when be or they summon their strength .

By what is layed downe , may be discovered the weaknesse of their second principle ( which hath done most mischiefe and till it be thoroughly rooted out of mens minds the seed is still left behind , from whence rebellion will spring ) the falsehood whereof , I thought fit to manifest in relation to the peace and quiet of Christendome and the world in generall , it not at all concerning His Majesties case , who was so farre from offering violence , that it was the extraordinary mercy of God upon this land , that did enable him to defend his life against it , his Magazines and forts , and Ships , that is all his civill power being taken from him , and an army actually raised against his personall strength , ( for His Majesty had not granted one commission to raise a man , when they began their defensive warre ) so that Lucans expression might seeme fitted to this Kingdomes misery . Parque novum fortuna videt concurrere bellum Atque virum —

The doctrine is ; the law of nature will defend us , whomsoever we kill , though the King , in our owne defence , and we are acquitted by that principall vim vi . ( nay some goe higher and make it unlawfull not to resist even the highest authority , it being a sinne against nature &c. whom the examples of the holy Martyrs and of Christ himselfe doe clearly confute , though they cannot satisfy them . ) I will breifely answere it , as meaning to enlarge my selfe thereon in the following discourse .

It ceases to be lawfull , Native right restrained by positive obligation . after we have made our selves sociable parts in one body , because we voluntarily and upon agreement restrained our selves from making use of this native right and the renouncing this power by mutuall compact will appeare very consonant to sound reason , whether we looke upon the benefits insuing thereby , or the mischeifes avoyded . For it is a more probable meanes to the attaining that very end , in relation to which they plead for it , the preservation of particular persons . Prudentiall motives for parting with some rights of nature , without power to resume them . Upon this condition of obliging our selves not to resist publique authority , in requitall for this submission of our private strength , we are secured by the united power of all , and the whole Kingdome becomes our guard . And it is most likely we should be lesse exposed to injuries , when that impartiall and equall measure of right , the known law , is by this meanes maintained . The evills which would flow from this licence to resume our power against contract , are infinite . Our owne feelings too fully instruct us in the sad effects , and I doubt not but the wearinesse of our present sufferings , and the expectation of growing mischeifes , will be powerfull beyond rhetorick to perswade us to value highly the publicke tranquillity . I am confident , if the people of this land ( whose eyes have beene opened of late , and they are now sensible , that to continue violences to His Majestie hath introduced a necessity of oppressing them , and that they are bound to be undone in order to the injuries to their soveraigne ) were able to deliver themselves from their defenders , we should suddainly be restored to happinesse , and it would be as hard a matter to engage them in a civill warre , when they had againe tasted the sweetnesse of plenty and quiet , as it is to perswade them to agree to peace , who challenge a legall power by the title of warre to dispose of the Kings and Subjects revenewes at pleasure .

As reason induced men to enter into such a Covenant , and to lay a mutuall obligation one upon another , not to resist authority upon what ever grounds , whether of fancied , or reall injustice , but to submit their actions and persons to the ordinary triall , though it might possibly happen , that some particulars would be sentenced unjustly , because a farre more considerable good could not be obtained , unlesse by agreement patiently to submit to this possible evill , since the common peace and quiet , cannot be effectually provided for , if it shall be indulged to any , to appeale from the Lawes to themselves , and to judge their Judges : So honesty and religion strictly bind them to preserve their faith intire , and this contract inviolable .

The paines I have taken , to lay open , by way of introduction , to the view and examination of all that desire reall satisfaction , the foundation upon which rule and Subjection are built , will appeare not so delightfull , as it was necessary . And it is no otherwise in the workes of Art , operum fastigia spectantur , latent fundamenta , passers by admire the superstructure , when that strength which supports the most elegant piles , lies deeply buried in the earth , and unregarded . It were very strange , if any man should be so prodigiously weake , as to suffer himselfe to be perswaded to remove his chambers and galleries into a healthier aire , a pleasanter prospect and more commodious Situation ; and yet the same unreasonable advice is hearkned to , concerning the civill frame , The foundation upon which States are setled , overthrowne ; if the people be made Judges of their safety , and allowed to use any meanes which they fancy conducing thereto . without any consideration of the ground-workes . Populi salus suprema lex , is the Engine by which the upper roomes are torne from the foundation , and seated upon fancy onely , like Castles in the aire . For the safety of the people is really built upon governement , and this destroyed , the other , non jam aedes , sed cumulus erit , will be soone swallowed in the common confusion ; but this is evidently and demonstrably ruined by these principles . For government is an effect not of a peoples divided naturall powers , but as they are united and made one by civill constitution ; so that when we call it supreame power , we impose an improper name , and have given occasion for mistakes ( yet I shall not endeavour to alter the common use of speaking , but onely to prevent a misunderstanding of it ) because indeed this power is simply one , and when it doth expresse it selfe by one person or more , ( according to different formes ) who yet are but severall parts of one governour , there is not left in the Kingdome or Common-wealth , any civill , that is , any legall power , which can appeare in resistance , because all of them have bound their naturall hands by a politique agreement .

Hence it followes , those that will allow any power to Subjects against their ruler ( let it be , Liberty to resist those in whom the Law places jus gladis the right of the sword , destructive to the very nature of governement . one man , or many united by one common forme , which is the consent of the major part , and this is not capable of division ) do thereby dissolve the sinewes of government , by which they were compacted into one , and which made a multitude a people , and so breake the Common-wealth into as many peices , as they have set up opposers against it . For there cannot be two powers and yet the Kingdome remaine one . This is that , which distinguishes Francs and England and Spaine from one another , because they have three powers legally distinct , and are the same in relation each to other , as three particular men meeting in some wildernesse , and considered as not having agreed to any Lawes of Society .

I am fully perswaded , no sober man can imagine the policy of this State is so defective , as to open a necessary way to its owne ruine , that is , to divide the Kingdome legally in it selfe ; and therefore it must necessarily be granted , those that take up armes being not authorized so to do by law , are guilty of rebellion , and the consequences of it , murder and rapine . It is very easy to determine , whom the Law hath armed with power , because not any part of the people , not the two Houses , but the King alone is sworne to protect us , which is an evident argument , he is enabled to effect this end , and that the necessary meanes to compasse it , which is the posse regni , is at his disposall .

By these generalls throughly digested , and rightly applied , we shall be able to rule particular decisions .

I shall desire one thing especially may be remembred , as which hath great influence upon all cases . Though what is truly the right of any one , doth not cease to be so naturally by anothers sentence to the contrary ; yet after positive constitutions , upon a Judges decision , he can challenge no title to it , because by his owne deed , and consent , he passeth it away in that judiciary determination . And equity and prudence both dictate , that it was a most honest and reasonable agreement , as conducing to publique peace , and the quiet of mankind , that persons publikely constituted and more unconcerned in the decisions , should put an end to all debates . Because otherwise the controversie was not likely to be ended , but with one of the parties ; For each man out of naturall favour ( the strongest corruptive of judgement ) inclining to his owne Interest , there was nothing left but force to determine it . There cannot be a more unhappy administration of Justice , then when strength is made the measure of right , and when all Iudges are bribed , as passing sentence to their owne advantage .