Hindu Polity: A Constitutional History of India in Hindu Times c47.33

c47.33

"At certain sacrifices such as that which is called Viśwajit, "the votary for whose benefit the ceremony is performed is "enjoined to bestow all his property on the officiating "priests. It is asked whether a paramount sovereign shall "give all the land, including pasture ground, highways "and the sites of lakes and ponds? an universal monarch the "whole earth? and a subordinate prince the entire province "over which he rules? To that question the answer is: The "monarch has not property in the earth, nor the subordinate "prince in the land By conquest kingly power is obtained, "and property in house and field which belonged to the enemy. "The maxim of the law, that 'the king is the lord of all "excepting sacerdotal wealth,' concerns his authority for "correction of the wicked and protection of the good. His "kingly power is for government of the realm and extirpation "of wrongs; and for that purpose he receives taxes from "husbandmen, and levies fines from offenders. But right of "property is not thereby vested in him; else he would have "property in house and land appertaining to the subjects "abiding in his dominions The earth is not the king's, but "is common to all beings enjoying the fruit of their own labour. "'It belongs, says Jaimini, to all alike;'¹ "therefore, although a gift of a piece of ground to an "individual does take place, the whole land cannot be given "by a monarch, nor a province by a subordinate prince, but "house and field acquired by purchase and similar means, "are liable to gift"∗