dones ſunt. And the reaſon which is given by Grotius[1], why according to the law of nations a denunciation of war ought always to precede the actual commencement of hoſtilities, is not ſo much that the enemy may be put upon his guard, (which is matter rather of magnanimity than right) but that it may be certainly clear that the war is not undertaken by private perſons, but by the will of the whole community; whoſe right of willing is in this caſe transferred to the ſupreme magiſtrate by the fundamental laws of ſociety. So that, in order to make a war completely effectual, it is neceſſary with us in England that it be publicly declared and duly proclaimed by the king’s authority; and, then, all parts of both the contending nations, from the higheſt to the loweſt, are bound by it. And wherever the right reſides of beginning a national war, there alſo muſt reſide the right of ending it, or the power of making peace. And the ſame check of parliamentary impeachment, for improper or inglorious conduct, in beginning, conducting, or concluding a national war, is in general ſufficient to reſtrain the miniſters of the crown from a wanton or injurious exertion of this great prerogative.
IV. But, as the delay of making war may ſometimes be detrimental to individuals who have ſuffered by depredations from foreign potentates, our laws have in ſome reſpect armed the ſubject with powers to impel the prerogative; by directing the miniſters of the crown to iſſue letters of marque and repriſal upon due demand: the prerogative of granting which is nearly related to, and plainly derived from, that other of making war; this being indeed only an incomplete ſtate of hoſtilities, and generally ending in a formal denunciation of war. Theſe letters are grantable by the law of nations[2], whenever the ſubjects of one ſtate are oppreſſed and injured by thoſe of another; and juſtice is denied by that ſtate to which the oppreſſor belongs. In this caſe letters of marque and repriſal (words in themſelves ſynonymous and ſignifying a taking in return) may be obtained, in order to ſeiſe the bodies or goods of the ſubjects of the offending ſtate, until ſatis-
