stance or any part of it from them, without their own consent:
without this they have no property at all; for I have truly no property
in that, which another can by right take from me, when he pleases,
against my consent. Hence it is a mistake to think, that the supreme or
legislative power of any common-wealth, can do what it will, and dispose
of the estates of the subject arbitrarily, or take any part of them at
pleasure. This is not much to be feared in governments where the
legislative consists, wholly or in part, in assemblies which are
variable, whose members, upon the dissolution of the assembly, are
subjects under the common laws of their country, equally with the rest.
But in governments, where the legislative is in one lasting assembly
always in being, or in one man, as in absolute monarchies, there is
danger still, that they will think themselves to have a distinct
interest from the rest of the community; and so will be apt to increase
their own riches and power, by taking what they think fit from the
people: for a man's property is not at all secure, tho' there be good
and equitable laws to set the bounds of it between him and his fellow
subjects, if he who commands those subjects have power to take from any
private man, what part he pleases of his property, and use and dispose
of it as he thinks good.
Sect. 139. But government, into whatsoever hands it is put, being, as I
have before shewed, intrusted with this condition, and for this end,
that men might have and secure their properties; the prince, or senate,
however it may have power to make laws, for the regulating of property
between the subjects one amongst another, yet can never have a power to
take to themselves the whole, or any part of the subjects property,
without their own consent: for this would be in effect to leave them no
property at all. And to let us see, that even absolute power, where it
is necessary, is not arbitrary by being absolute, but is still limited
by that reason, and confined to those ends, which required it in some
cases to be absolute, we need look no farther than the common practice
of martial discipline: for the preservation of the army, and in it of
the whole common-wealth, requires an absolute obedience to the command
of every superior officer, and it is justly death to disobey or dispute
the most dangerous or unreasonable of them; but yet we see, that neither
the serjeant, that could command a soldier to march up to the
|