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.
Sec. 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 legislative power of every common-wealth, in all forms of
government.
First, They are to govern by promulgated established laws,
not to be varied in particular cases, but to have one rule for
rich and poor, for the favourite at court, and the country man at
plough.
Secondly, These laws also ought to be designed for no other
end ultimately, but the good of the people.
Thirdly, They must not raise taxes on the property of the
people, without the consent of the people, given by themselves,
or their deputies. And this properly concerns only such
governments where the legislative is always in being, or at least
where the people have not reserved any part of the legislative to
deputies, to be from time to time chosen by themselves.
Fourthly, The legislative neither must nor can transfer the
power of making laws to any body else, or place it any where, but
where the people have.
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