Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/322

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306
The Rights
Book 1.

not an idiot[1], no farther proceedings have been had. And the propriety of the practice itſelf ſeems to be very queſtionable. It was doubtleſs an excellent method of benefiting the individual, and of preſerving eſtates in families; but it hardly ſeems calculated for the genius of a free nation, who claim and exerciſe the liberty of uſing their own property as they pleaſe. "Sic utere tuo, ut alienum non laedas," is the only reſtriction our laws have given with regard to oeconomical prudence. And the frequent circulation and transfer of lands and other property, which cannot be effected without extravagance ſomewhere, are perhaps not a little conducive towards keeping our mixed conſtitution in it's due health and vigour.

This may ſuffice for a ſhort view of the king's ordinary revenue, or the proper patrimony of the crown; which was very large formerly, and capable of being increaſed to a magnitude truly formidable: for there are very few eſtates in the kingdom, that have not, at ſome period or other ſince the Norman conqueſt, been veſted in the hands of the king by forfeiture, eſcheat, or otherwiſe. But, fortunately for the liberty of the ſubject, this hereditary landed revenue, by a ſeries of improvident management, is funk almoſt to nothing; and the caſual profits, ariſing from the other branches of the cenſus regalis, are likewiſe almoſt all of them alienated from the crown. In order to ſupply the deficiences of which, we are now obliged to have recourſe to new methods of raiſing money, unknown to our early anceſtors; which methods conſtitute the king's extraordinary revenue. For, the public patrimony being got into the hands of private ſubjects, it is but reaſonable that private contributions ſhould ſupply the public ſervice. Which, though it may perhaps fall harder upon ſome individuals, whoſe anceſtors have had no ſhare in the general plunder, than upon others, yet, taking the nation throughout, it amounts to nearly the ſame; provided the gain by the extraordinary, ſhould appear to be no greater than the loſs by the ordinary, revenue. And perhaps, if every gentleman in the king-

  1. Bro. Abr. tit. Ideot. 4.
dom