And whereas in England, there were by the Conqueror divers lands reserved to his own use, besides forests and chases, either for his recreation, or preservation of woods, and divers services reserved on the land he gave his subjects; yet it seems they were not reserved for his maintenance in his public, but in his natural capacity. For he and his successors did for all that lay arbitrary taxes on all subjects’ land, when they judged it necessary. Or if those public lands and services were ordained as a sufficient maintenance of the commonwealth, it was contrary to the scope of the institution; being, as it appeared by those ensuing taxes, insufficient, and, as it appears by the late small revenue of the crown, subject to alienation and diminution. It is therefore in vain to assign a portion to the commonwealth; which may sell, or give it away; and does sell and give it away, when it is done by their representative.

424