Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/275

Ch. 7. faction be made, wherever they happen to be found. And indeed this cutom of reprials eems dictated by nature herelf; for which reaon we find in the mot antient times very notable intances of it. But here the neceity is obvious of calling in the overeign power, to determine when reprials may be made; ele every private ufferer would be a judge in his own caue. In puruance of which principle, it is with us declared by the tatute 4 Hen. V. c. 7. that, if any ubjects of the realm are oppreed in time of truce by any foreigners, the king will grant marque in due form, to all that feel themelves grieved. Which form is thus directed to be oberved: the ufferer mut firt apply to the lord privy-eal, and he hall make out letters of requet under the privy eal; and, if, after uch requet of atisfaction made, the party required do not within convenient time make due atisfaction or retitution to the party grieved, the lord chancellor hall make him out letters of marque under the great eal; and by virtue of thee he may attack and eie the property of the aggreor nation, without hazard of being condemned as a robber or pirate.

V.&ensp; exactly the ame reaon tands the prerogative of granting afe-conducts, without which by the law of nations no member of one ociety has a right to intrude into another. And therefore Puffendorf very jutly reolves, that it is left in the power of all tates, to take uch meaures about the admiion of trangers, as they think convenient; thoe being ever excepted who are driven on the coats by neceity, or by any caue that deerves pity or compaion. Great tendernes is hewn by our laws, not only to foreigners in ditres (as will appear when we come to peak of hipwrecks) but with regard alo to the admiion of trangers who come pontaneouly. For o long as their nation continues at peace with ours, and they themelves behave Rh