Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/279

 Ch. 7. undoubted right of his majety, and his royal predeceors, kings and queens of England; and that both or either houe of parliament cannot, nor ought to, pretend to the ame.

tatute, it is obvious to oberve, extends not only to fleets and armies, but alo to forts, and other places of trength, within the realm; the ole prerogative, as well of erecting, as manning and governing of which, belongs to the king in his capacity of general of the kingdom : and all lands were formerly ubject to a tax, for building of catles wherever the king thought proper. This was one of the three things, from contributing to the performance of which no lands were exempted; and therefore called by our Saxon ancetors the trinoda neceitas: c. pontis reparatio, arcis contructio, et expeditio contra hotem. And this they were called upon to do o often, that, as ir Edward Coke from M. Paris aures us, there were in the time of Henry II 1115 catles ubiting in England. The inconvenience of which, when granted out to private ubjects, the lordly barons of thoe times, was everely felt by the whole kingdom; for, as William of Newbridge remarks in the reign of king Stephen, "erant in Anglia quodammodo tot reges vet potius tyranni, quot domini catellorum:" but it was felt by none more enibly than by two ucceeding princes, king John and king Henry III. And therefore, the greatet part of them being demolihed in the barons' wars, the kings of after times have been very cautious of uffering them to be rebuilt in a fortified manner: and ir Edward Coke lays it down, that no ubject can build a catle, or houe of trength imbatteled, or other fortres defenible, without the licence of the king; for the danger which might enue, if every man at his pleaure might do it.

is partly upon the ame, and partly upon a fical foundation, to ecure his marine revenue, that the king has the prero- Rh