Ch.lV. Sec. IV.] Of making War and Peace, 4S By the antient law of nations, debts due .to alien enemies might be confiscated by the state ; and it seems that in this country the King is entitled to choses in action belonging to an enemy, but that there must be an inquisition to entitle the King ; and if a peace be made before the inquisition, the cause of forfeiture is discharged (a). SECT. IV. Of making War and Peace. As representative of his people, and executive magistrate, the King possesses, on the principles just mentioned, the ex- clusive right to make w^ar or peace, either w^ithin or out of his dominions {b) ; and the constitution leaves it to the King's discretion to grant or refuse a capitulation or truce to an enemy (c). This right may be exercised either partially or absolutely, so that his Majesty may institute a war against part of the subjects of a foreign power, excepting the other part, as was done by William the Third, in a war with France, in which he excepted the French Protestants {d). And it is not unusual on declaring war, to qualify it in the proclamation, by permit- ting the subjects of the enemy resident in this country to con- tinue here so long as they behave peaceably ; and there can be no doubt (as observed by Mr. Hargrave) (e), that such persons are to be deemed alien friends in effect. The general rule is, " ubi helium non est pax est ;'* and there- fore, though no league or articles of peace subsist between this and a foreign state, such state is not to be considered or treated as inimical until the King has denounced war against it f). The King alone has a legal discretion on this subject, under any circumstances which may occur ; and though a kingdom which professes to be neutral, should commit the most flagrant acts of aggression and injustice towards this country, and trample on every duty enjoined by the law of nations, still the King alone can legally declare war against^it (g). " And," says (a) Parker, 267. See per Ld. Al- (c) Cowp. 209. ▼anley, 3 Bos. and P. 191. Chitty, L. (rf) See per Treby, J. Ld. Rayra. 283. of Nations, 85. e) Co. Lit. 129, b. note 3. (J)) Hal. 159. *l Co. 25. 1 Bla. (/) Hal. Hist. P. C. 160. Com. 1257. See per Sir Wm. Scott. 1 (g) 1 M. and Sclw. 450. Rob. Rep. 196, Brooke,
