theſe privileges are now held to be part of the law of the land, and are conſtantly allowed in the courts of common law[1].
II. It is alſo the king’s prerogative to make treaties, leagues, and alliances with foreign ſtates and princes. For it is by the law of nations eſſential to the goodneſs of a league, that it be made by the ſovereign power[2]; and then it is binding upon the whole community: and in England the ſovereign power, quoad hoc, is veſted in the perſon of the king. Whatever contracts therefore he engages in, no other power in the kingdom can legally delay, reſiſt, or annul. And yet, leſt this plenitude of authority ſhould be abuſed to the detriment of the public, the conſtitution (as was hinted before) hath here interpoſed a check, by the means of parliamentary impeachment, for the puniſhment of ſuch miniſters as from criminal motives adviſe or conclude any treaty, which ſhall afterwards be judged to derogate from the honour and intereſt of the nation.
III. Upon the ſame principle the king has alſo the ſole prerogative of making war and peace. For it is held by all the writers on the law of nature and nations, that the right of making war, which by nature ſubſiſted in every individual, is given up by all private perſons that enter into ſociety, and is veſted in the ſovereign power[3]: and this right is given up not only by individuals, but even by the intire body of people, that are under the dominion of a ſovereign. It would indeed be extremely improper, that any number of ſubjects ſhould have the power of binding the ſupreme magiſtrate, and putting him againſt his will in a ſtate of war. Whatever hoſtilities therefore may be committed by private citizens, the ſtate ought not to be affected thereby; unleſs that ſhould juſtify their proceedings, and thereby become partner in the guilt. Such unauthorized voluntiers in violence are not ranked among open enemies, but are treated like pirates and robbers: according to that rule of the civil law[4]; hoſtes hi ſunt qui nobis, aut quibus nos, publice bellum decrevimus: caeteri latrones aut prae-
