he declaration of war, which enjoins the subjects to
attack the enemy's subjects, implies a general order. Generals,
officers, soldiers, privateersmen, and partisans, being all.
commissioned by the Sovran, make war by virtue of a particular order.

In declarations of war, the ancient form is still retained,[83] by
which subjects in general are ordered, not only to break off all
intercourse with, but also to _attack_ the foe. Custom interprets this
general order. It authorises, indeed, and even obliges every subject,
of whatever rank, to secure the persons and things belonging to the
enemy, when they fall into his hands; but it does not invite the
subject to undertake any offensive expedition without a commission or
particular order.[84]

SECTION II.

_Prizes and Privateers_.

[Sidenote: Privateer Commissions.]

During the lawless confusion of the feudal ages, the right of making
Reprisals was claimed and exercised, with out a Public Commission. It
was not until the fifteenth century that Commissions were held
necessary, and were issued to private subjects in time of war, and
that subjects were forbidden to fit out vessels to cruise against
enemies without licence. There were ordinances in Germany, France,
Spain, and England, to that effect.[85]

[Sidenote: Non-Commissioned Captors.]

Hostilities, without a Commission, are contrary to usage, and
exceedingly irregular and dangerous, but they are not considered as
acts of Piracy during the time of war. Noncommissioned vessels of a
belligerent nation may at all times capture hostile ships, without
being deemed, by the Law of Nations, Pirates. But they have no
interest in the prizes they take, and the property so seized is
condemned to the Government as _Droits of the Admiralty_. The reward
of this class of captors is left to the liberality of the Admiralty,
and is often referred to the Admiralty Court.

[Sidenote: Right of Capture.]

The fruits of any forcible detention or occupancy, prior to
hostilities, are vested in the crown; similarly, _British_ property
taken in course of trade forbidden by the laws of his country, is
condemned to the Crown, and not to the individual captor.[86]

To prevent the custom house or excise vessels, that may be
commissioned with letters of marque, turning their attention from the
smugglers to the more attractive adventure of privateering, all
interest in their prizes is reserved to the crown,[87]

[Sidenote: Grants to