Page:Prerogatives of the Crown.djvu/64

 44 Rights incident to the War Prerog, [Ch.lV. Sec. V. Brooke, in his Abridgment (a), " if all the people of England would make war with the King of Denmark, and our King will not consent to it, this is not war ; but when the peace is broken by ambassadors the league is broken." The reason which is gven by Grotius [b) why, according to the law of nations, a formal 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 clear that the war is undertaken not by private persons, but the will of the whole community, which, as we have already seen, is, in legal contemplation, transferred to and vested in the King. Blackstone (c) argues, from this reason assigned by Grotius, that in order to make a war completely effectual, it is necessary, by the law of this countrj'^, that it be publicly de- clared, 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. Notwithstanding this, it seems that no public declaration, or formal proclamation of war is, by law, absolutely necessary to render it the duty of the King's subjects to consider and treat as an enemy, any foreign power against whom war has in point of fact been resolved upon and conunenced by his Majesty {d). SECT. V. Of other Rights incident to the War Prerogative. As the constitution of the country has vested in the King the right to make war or peace, it has necessarily and inci- dentally assigned to him on the same principles the manage- ment of the war; together with various prerogatives which may enable his Majesty to carry it on with effect. Thus the King is at the head of his army and navy, is alone entitled to order their movements, to regulate their internal arrangements, and tp diminish, or, during war, increase their numbers, as may (a) Tit. Denizen, pi. 90. (rf) Owen, 45. Cro.El. 142. Frecm. b) Dejure b. et p. 1,3. c 3. s. 2. 41. Rast. Entr. 605. 4 Rob. Rep. 252. (c) 1 Vol. 258. Chitty, L. of Nat. 29. seem