Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/273

Ch. 7. thee privileges are now held to be part of the law of the land, and are contantly allowed in the courts of common law.

II.&ensp; is alo the king’s prerogative to make treaties, leagues, and alliances with foreign tates and princes. For it is by the law of nations eential to the goodnes of a league, that it be made by the overeign power ; and then it is binding upon the whole community: and in England the overeign power, , is veted in the peron of the king. Whatever contracts therefore he engages in, no other power in the kingdom can legally delay, reit, or annul. And yet, let this plenitude of authority hould be abued to the detriment of the public, the contitution (as was hinted before) hath here interpoed a check, by the means of parliamentary impeachment, for the punihment of uch miniters as from criminal motives advie or conclude any treaty, which hall afterwards be judged to derogate from the honour and interet of the nation.

III.&ensp; the ame principle the king has alo the ole prerogative of making war and peace. For it is held by all the writers on the law of nature and nations, that the right of making war, which by nature ubited in every individual, is given up by all private perons that enter into ociety, and is veted in the overeign power : and this right is given up not only by individuals, but even by the intire body of people, that are under the dominion of a overeign. It would indeed be extremely improper, that any number of ubjects hould have the power of binding the upreme magitrate, and putting him againt his will in a tate of war. Whatever hotilities therefore may be committed by private citizens, the tate ought not to be affected thereby; unles that hould jutify their proceedings, and thereby become partner in the guilt. Such unauthorized voluntiers in violence are not ranked among open enemies, but are treated like pirates and robbers: according to that rule of the civil law ;  Rh