Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/156

140 is this the only intance in which the law of the land has potponed even public neceity to the acred and inviolable rights of private property. For no ubject of England can be contrained to pay any aids or taxes, even for the defence of the realm or the upport of government, but uch as are impoed by his own conent, or that of his repreentatives in parliament. By the tatute 25 Edw. I. c. 5 and 6. it is provided, that the king hall not take any aids or taks, but by the common aent of the realm. And what that common aent is, is more fully explained by 34 Edw. I. t. 4. c. 1. which enacts, that no talliage or aid hall be taken without aent of the arch-bihops, bihops, earls, barons, knights, burgees, and other freemen of the land: and again by 14 Edw. III. t. 2. c. 1. the prelates, earls, barons, and commons, citizens, burgees, and merchants hall not be charged to make any aid, if it be not by the common aent of the great men and commons in parliament. And as this fundamental law had been hameully evaded under many ucceeding princes, by compulive loans, and benevolences extorted without a real and voluntary conent, it was made an article in the petition of right 3 Car. I, that no man hall be compelled to yield any gift, loan, or benevolence, tax, or uch like charge, without common conent by act of parliament. And, latly, by the tatute 1 W. & M. t. 2. c. 2. it is declared, that levying money for or to the ue of the crown, by pretence of prerogative, without grant of parliament; or for longer time, or in other manner, than the ame is or hall be granted, is illegal.

the three preceding articles we have taken a hort view of the principal abolute rights which appertain to every Englihman. But in vain would thee rights be declared, acertained, and protected by the dead letter of the laws, if the contitution had