has once been acquired by the owner. And, where ſuch things are found without any other owner, they for the moſt part belong to the king by virtue of his prerogative; except in ſome few inſtances, wherein the original and natural right of occupancy is ſtill permitted to fubſiſt, and which we are now to conſider.
1. Thus, in the firſt: place, it hath been ſaid, that any body may ſeiſe to his own uſe ſuch goods as belong to an alien enemy[1]. For ſuch enemies, not being looked upon as members of our ſociety, are not entitled during their ſtate of enmity to the benefit or protection of the law: and therefore every man that has opportunity is permitted to ſeiſe upon their chattels, without being compelled as in other caſes to make reſtitution or ſatisfaftion to the owner. But this, however generally laid down by ſome of our writers, muſt in reaſon and juſtice be reſtrained to ſuch captors as are authorized by the public authority of the ſtate, reſiding in the crown[2] ; and to ſuch goods as are brought into this country by an alien enemy, after a declaration of war, without a ſafe-conduct: or paſſport. And therefore it hath been held[3], that where a foreigner is reſident in England, and afterwards a war breaks out between his country and ours, his goods are not liable to be ſeiſed. It hath alſo been adjudged, that if an enemy take the goods of an Engliſhman, which are afterwards retaken by another ſubject of this kingdom, the former owner ſhall loſe his property therein, and it ſhall be indefeaſibly veſted in the ſecond taker; unleſs they were retaken the ſame day, and the owner before ſun-ſet puts in his claim of property[4] Which is agreeable to the law of nations, as underſtood in the time of Grotius[5], even with regard to captures made at fea; which were held to be the property of the captors after a poſſeſſion of twenty four hours: though the modern authorities[6] require, that before the property can be changed, the goods muft have been brought into
