Page:Prerogatives of the Crown.djvu/69

 Ch.IV. Sec. v.]. Other Prerogatives. 49 sadors abroad are now more usually obtained, and are allowed to be of equal validity {a). Alien friends may lawfully come into the country without any licence or protection from the Crown (6), though it seems that the Crown, even at common law, and by the law of na- tions, (and independently of the powers vested in it by the Alien Act, 55 G. 3. c. 54. which extends even to foreign merchants,) possesses a right to order them out of the country, or prevent them from coming into it, whenever his Majesty thinks proper (c). The enactment in Magna Charta, c. 30. relates only to foreign merchants : " Ail merchants, unless they were openly prohibited before, shall have safe and sure conduct to depart out of England, and to come into England, and to tarry in and go through England, as well by land as by water, to buy or sell, without any evil tolls, by the old and rightful customs, excqpt in time of war ; and if they be of land at war with us, and if such be found in our land at the begin- ning of the war, they shall be attached without harm of body or goods, until it be known unto us, or our Chief Justice, how the merchants of our land are entreated who shall be then found in the land at war against us, and if ours be safe there, the others «hall be safe in our land." The power of the Crown to dis- pense with commercial regulations, as to enable an enemy, &c. to trade with this country, will be considered hereafter. The Alien Act, 55 G. 3. c. 54. was passed for the purpose of vesting extraordinary powers in the King and Magistracy, in order that the country might be protected against aliens ; it contains various wholesome provisions for that purpose. The law has also vested in the King several other rights on similar grounds : Thus, in case of necessity, the King may en- ter on the lands of his subjects to make fortifications {d). His Majesty has a prerogative right in saltpetre and gunpowder {e) ; may, as before remarked, require the personal services of his subjects in this country in case of imminent danger (/), and may prohibit the exportation of arms or ammunition, or otlier articles of that nature, useful in war, called contraband of war, (a) 1 Bla. Com. 260. Se 55 Geo. 3. c. 54. s. 2. {b) Magna Char. c. 30. 1 Wooddn. (rf) 1 Rol. Rep. 152. 368, 375. {c) 5 Bac. Ab. 533. (c) 1 Bla. Com. 259, 2G0. Puffendor^. (/) Ante. E out