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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
power the government has�察�being only for the good of the society�察�as it ought not to be arbitrary and at pleasure�察�so it ought to be exercised by established and promulgated laws�察�that both the people may know their duty�察�and be safe and secure within the limits of the law�察�and the rulers too kept within their bounds�察 �and not be tempted�察�by the power they have in their hands�察�to employ it to such purposes�察�and by such measures�察�as they would not have known�察�and own not willingly。 Sec。 138。 Thirdly�察�The supreme power cannot take from any man any part of his property without his own consent�此�for the preservation of property being the end of government�察�and that for which men enter into society�察�it necessarily supposes and requires�察�that the people should have property�察�without which they must be supposed to lose that�察�by entering into society�察 �which was the end for which they entered into it�察�too gross an absurdity for any man to own。 Men therefore in society having property�察�they have such a right to the goods�察�which by the law of the community are their's�察�that no body hath a right to take their substance or any part of it from them�察�without their own consent�此�without this they have no property at all�察�for I have truly no property in that�察�which another can by right take from me�察�when he pleases�察�against my consent。 Hence it is a mistake to think�察�that the supreme or legislative power of any common´ wealth�察�can do what it will�察�and dispose of the estates of the subject arbitrarily�察�or take any part of them at pleasure。 This is not much to be feared in governments where the legislative consists�察�wholly or in part�察�in assemblies which are variable�察 �whose members�察�upon the dissolution of the assembly�察�are subjects under the common laws of their country�察�equally with the rest。 But in governments�察�where the legislative is in one lasting assembly always in being�察�or in one man�察�as in absolute monarchies�察�there is danger still�察�that they will think themselves to have a distinct interest from the rest of the community�察�and so will be apt to increase their own riches and power�察�by taking what they think fit from the people�此�for a man's property is not at all secure�察�tho' there be good and equitable laws to set the bounds of it between him and his fellow subjects�察 �if he who commands those subjects have power to take from any private man�察�what part he pleases of his property�察�and use and dispose of it as he thinks good。 Sec。 139。 But government�察�into whatsoever hands it is put�察�
being�察�as I have before shewed�察�intrusted with this condition�察 �and for this end�察�that men might have and secure their properties�察�the prince�察�or senate�察�however it may have power to make laws�察�for the regulating of property between the subjects one amongst another�察�yet can never have a power to take to themselves the whole�察�or any part of the subjects property�察 �without their own consent�此�for this would be in effect to leave them no property at all。 And to let us see�察�that even absolute power�察�where it is necessary�察�is not arbitrary by being absolute�察 �but is still limited by that reason�察�and confined to those ends�察 �which required it in some cases to be absolute�察�we need look no farther than the common practice of martial discipline�此�for the preservation of the army�察�and in it of the whole common´wealth�察 �requires an absolute obedience to the command of every superior officer�察�and it is justly death to disobey or dispute the most dangerous or unreasonable of them�察�but yet we see�察�that neither the serjeant�察�that could command a soldier to march up to the mouth of a cannon�察�or stand in a breach�察�where he is almost sure to perish�察�can command that soldier to give him one penny of his money�察�nor the general�察�that can condemn him to death for deserting his post�察�or for not obeying the most desperate orders�察 �can yet�察�with all his absolute power of life and death�察�dispose of one farthing of that soldier's estate�察�or seize one jot of his goods�察�whom yet he can command any thing�察�and hang for the least disobedience�察�because such a blind obedience is necessary to that end�察�for which the commander has his power�察�viz。 the preservation of the rest�察�but the disposing of his goods has nothing to do with it。 Sec。 140。 It is true�察�governments cannot be supported without great charge�察�and it is fit every one who enjoys his share of the protection�察�should pay out of his estate his proportion for the maintenance of it。 But still it must be with his own consent�察�i。e。 the consent of the majority�察�giving it either by themselves�察�or their representatives chosen by them�此 �for if any one shall claim a power to lay and levy taxes on the people�察�by his own authority�察�and without such consent of the people�察�he thereby invades the fundamental law of property�察�and subverts the end of government�此�for what property have I in that�察 �which another may by right take�察�when he pleases�察�to himself�拭 �Sec。 141。 Fourthly�察�The legislative cannot transfer the power of making laws to any other hands�此�for it being but a delegated power from the people�察�they who have it cannot pass it over to others。 The people alone can appoint the form of the common´wealth�察�which is by constituting the legislative�察�and appointing in whose hands that shall be。 And when the people have said�察�We will submit to rules�察�and be governed by laws made by such men�察�and in such forms�察�no body else can say other men shall make laws for them�察�nor can the people be bound by any laws�察�but such as are enacted by those whom they have chosen�察�and authorized to make laws for them。 The power of the legislative�察 �being derived from the people by a positive voluntary grant and institution�察�can be no other than what that positive grant conveyed�察�which being only to make laws�察�and not to make legislators�察�the legislative can have no power to transfer their authority of making laws�察�and place it in other hands。 Sec。 142。 These are the bounds which the trust�察�that is put in them by the society�察�and the law of God and nature�察�have set to the legislative power of every common´wealth�察�in all forms of government。 First�察�They are to govern by promulgated established laws�察 �not to be varied in particular cases�察�but to have one rule for rich and poor�察�for the favourite at court�察�and the country man at plough。 Secondly�察�These laws also ought to be designed for no other end ultimately�察�but the good of the people。 Thirdly�察�They must not raise taxes on the property of the
people�察�without the consent of the people�察�given by themselves�察 �or their deputies。 And this properly concerns only such governments where the legislative is always in being�察�or at least where the people have not reserved any part of the legislative to deputies�察�to be from time to time chosen by themselves。 Fourthly�察�The legislative neither must nor can transfer the power of making laws to any body else�察�or place it any where�察�but where the people have。
CHAP。 XII。
Of the Legislative�察�Executive�察�and Federative Power of the Common´wealth。
Sec。 143。 THE legislative power is that�察�which has a right to direct how the force of the common´wealth shall be employed for preserving the community and the members of it。 But because those laws which are constantly to be executed�察�and whose force is always to continue�察�may be made in a little time�察�therefore there is no need�察�that the legislative should be always in being�察 �not having always business to do。 And because it may be too great a temptation to human frailty�察�apt to grasp at power�察�for the same persons�察�who have the power of making laws�察�to have also in their hands the power to execute them�察�whereby they may exempt themselves from obedience to the laws they make�察�and suit the law�察�both in its making�察�and execution�察�to their own private advantage�察�and thereby come to have a distinct interest from the rest of the community�察�contrary to the end of society and government�此�therefore in well ordered commonwealths�察�where the good of the whole is so con sidered�察�as it ought�察�the legislative power is put into the hands of divers persons�察�who duly assembled�察�have by themselves�察�or jointly with others�察�a power to make laws�察�which when they have done�察�being separated again�察�they are themselves subject to the laws they have made�察�which is a new and near tie upon them�察�to take care�察�that they make them for the public good。 Sec。 144。 But because the laws�察�that are at once�察�and in a short time made�察�have a constant and lasting force�察�and need a perpetual execution�察�or an attendance thereunto�察�therefore it is necessary there should be a power always in being�察�which should see to the execution of the laws that are made�察�and remain in force。 And thus the legislative and executive power come often to be separated。 Sec。 145。 There is another power in every common´wealth�察 �which one may call natural�察�because it is that which answers to the power every man naturally had before he entered into society�此 �for though in a common´wealth the members of it are distinct persons still in reference to one another�察�and as su