Page:Prerogatives of the Crown.djvu/184

1 64 Foreign Commeixe. [Ch. X. Sec. I- would not have extended it to aliens, and left themselves without it. In the second place it is declared by many Acts of Parlia- ment; and particularly by the statute 18 Ed. 3. st. 2. c. 3.; " que le mere soil overt'* " that the sea shall be open to all manner of merchants to pass with their merchandise (where it shall please them)." " All merchants, strangers and denizens, or any other may sell corn, &c. and every other thing vendible to whom they please, foreigners or denizens, excepting the King's enemies, and any charter, proclamation, allowance, judgment, &c. to the contrary shall be void (a)." Again if it be necessary, the various statutes which have been expressly made for the purpose of preventing the im- portation or exportation of particular articles, might be used as an argument against this power of the Crown. The em- bargo which was issued by his Majesty to prevent the expor- tation of corn in 1766, is noticed by Beawes in his Lex Mer- catoria {b as having been illegally imposed ; such exporta- tion, says he, being allowed by law at the time ; and therefore, the preamble to the statute 7 G. 3. c. 7. for indemnifying all persons advising or acting under the order of council, laying an embargo on all ships laden with corn or flour, during the recess of Parliament in 1766, says, " which order could not be justified by law, but was so much for the service of the public, and so necessary for the safety and preservation of his Majesty's subjects, that it ought to be justified by Act of Par- liament." This embargo, as was allowed, saved the people from famine ; yet it was declared illegal by the above Act of the legislature, including the King himself, who laid it, which was therefore needful to sanction it : and the proprietors of the embargoed ships and cargoes were accordingly indemnified by government. Here there is a legislative declaration what the law is on this subject. It is on this principle also that embargoes which occasion a suspension of commercial intercourse, are not legal at com- mon law, except when they operate for the public good and (a) 9 Ed. 3. c. 1. 25 Ed. 3. c. 2. 11 Preface, xxx. Cbitty, L. of Nat. 72. Rich. 2. c. 7. See also ante, ch. 1, as to Proclama- (Jb) Page 276. See Hargr. Law Tracts, tions. safety;