we are now
considering them) respect either this nation's intercourse with
foreign nations, or it's own domestic government and civil polity.

WITH regard to foreign concerns, the king is the delegate or
representative of his people. It is impossible that the individuals of
a state, in their collective capacity, can transact the affairs of
that state with another community equally numerous as themselves.
Unanimity must be wanting to their measures, and strength to the
execution of their counsels. In the king therefore, as in a center,
all the rays of his people are united, and form by that union a
consistency, splendor, and power, that make him feared and respected
by foreign potentates; who would scruple to enter into any
engagements, that must afterwards be revised and ratified by a popular
assembly. What is done by the royal authority, with regard to foreign
powers, is the act of the whole nation: what is done without the
king's concurrence is the act only of private men. And so far is this
point carried by our law, that it hath been held[d], that should all
the subjects of England make war with a king in league with the king
of England, without the royal assent, such war is no breach of the
league. And, by the statute 2 Hen. V. c. 6. any subject committing
acts of hostility upon any nation in league with the king, was
declared to be guilty of high treason: and, though that act was
repealed by the statute 20 Hen. VI. c. 11. so far as relates to the
making this offence high treason, yet still it remains a very great
offence against the law of nations, and punishable by our laws, either
capitally or otherwise, according to the circumstances of the case.

[Footnote d: 4 Inst. 152.]

I. THE king therefore, considered as the representative of his people,
has the sole power of sending embassadors to foreign states, and
receiving embassadors at home. This may lead us into a short enquiry,
how far the municipal laws of England intermeddle with or protect the
rights of these messengers from one potentate to another, whom we call
embassadors.

THE rights, the powers, the duties, and the privileges of embassadors
are determined by the law of nature and nations, and not by any
municipal constitutions. For, as they represent the persons of their
respective masters, who owe no subjection to any laws but those of
their own country, their actions are not subject to the control of the
private law of that state, wherein they are