Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
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 commonwealth, 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 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?
Public-domain text, read in full here on John Shaqi.
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