mouth of a
cannon, or stand in a breach, where he is almost sure to perish, can
command that soldier to give him one penny of his money; nor the
general, that can condemn him to death for deserting his post, or for
not obeying the most desperate orders, can yet, with all his absolute
power of life and death, dispose of one farthing of that soldier's
estate, or seize one jot of his goods; whom yet he can command any
thing, and hang for the least disobedience; because such a blind
obedience is necessary to that end, for which the commander has his
power, viz. the preservation of the rest; but the disposing of his goods
has nothing to do with it.

Sect. 140. It is true, governments cannot be supported without great
charge, and it is fit every one who enjoys his share of the protection,
should pay out of his estate his proportion for the maintenance of it.
But still it must be with his own consent, i.e. the consent of the
majority, giving it either by themselves, or their representatives
chosen by them: for if any one shall claim a power to lay and levy taxes
on the people, by his own authority, and without such consent of the
people, he thereby invades the fundamental law of property, and subverts
the end of government: for what property have I in that, which another
may by right take, when he pleases, to himself?

Sect. 141. Fourthly, The legislative cannot transfer the power of making
laws to any other hands: for it being but a delegated power from the
people, they who have it cannot pass it over to others. The people alone
can appoint the form of the common-wealth, which is by constituting the
legislative, and appointing in whose hands that shall be. And when the
people have said, We will submit to rules, and be governed by laws made
by such men, and in such forms, no body else can say other men shall
make laws for them; nor can the people be bound by any laws, but such as
are enacted by those whom they have chosen, and authorized to make laws
for them. The power of the legislative, being derived from the people by
a positive voluntary grant and institution, can be no other than what
that positive grant conveyed, which being only to make laws, and not to
make legislators, the legislative can have no power to transfer their
authority of making laws, and place it in other hands.

Sect. 142. These are the bounds which the trust, that is put in them by
the society, and the law of God and nature, have set to the legislativ