Page:Prerogatives of the Crown.djvu/193

Ch.X. Sec.L] Foreign Commerce. 17 J ing, naval stores, provisions, at least when manufactured and fit for consumption, and in general any implements use- ful in war {a). When, during a war, neutral merchants, &c. assist the ene- my with such articles, they are liable to seizure and confisca- tion [b). As observed by Lord Erskine (c), " The King hav- ing, by his prerogative, the power to promulgate who are his enemies, is bound to watch over the safety of the State ; he may, therefore, make new declarations of contraband, when articles come into use, as implements of war, which were before innocent. This is not the exercise of discretion over contra- band ; the law of nations prohibits contraband, and it is the usus bellici, which, shifting from time to time, make the law shift with them." Under this head it may also be mentioned, that the King possesses the sovereign dominion in all the narrow seas, that is, the seas which adjoin the coasts of England, and other seas within his dominions {d). This prerogative power is vested in the King, as the protector of his people, and guardian of their rights. It is subservient, however, to those jura communia^ which nature and the principles of the constitution reserve for his Majesty's subjects. It can neither prevent them from trad- ing or fishing. As a consequence of this prerogative, the King possesses also the power of reforming, preventing, and punishing any nuisances or obstructions in the seas and rivers over which his jurisdiction extends [e). And it was held on the same ground, and on the consideration that all matters of a public nature are in a special manner under the King's care and protection, that he might (before any statute made for commissioners of sewers) provide against any inundations, by embankments or other necessary means (/). The rights of the Crown, with respect (a) Chitty, Law of Nat. 119, &c. 1 ralty, which is the proper forum for the Rob. R. 189. 2 Ibid. 182. 4 Ibid. :!>Z. settling of all maritime affairs, is more 5 Ibid. 97. 6 Ibid. 93, 126. especially the King's Court, and derives {b) Ibid. Vatt. b. 3. c. 7. s. 112. its jurisdiction immediately from the (c) Speech, 8 Mar. 1808, on the Or- Crown. 4 Inst. 142. MoUoy, 66. See ders in Council. 10 Cobbett's Pari. Bac. Ab. tit. Court of Admiralty ; and Deb. 958, 9. 3 Price's R. 97, as to the jurisdiction, <rf) Seld. Mar. 251, &c. Hale de &c. of that Court, jure Maris, ch. 4. Rol. Ab. 168, 9. 5 (e) Hale de jure Maris, Hargr. Tr. 8. Co. 106. 10 Co. 141. The Court of Admi- (/) 10 Co. 141. to