he nation.

[Footnote t: Puff. L. of N. b. 8. c. 9. Sec. 6.]

III. UPON the same principle the king has also the sole 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
subsisted in every individual, is given up by all private persons that
enter into society, and is vested in the sovereign power[u]: 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 sovereign. It would indeed
be extremely improper, that any number of subjects should have the
power of binding the supreme magistrate, and putting him against his
will in a state of war. Whatever hostilities therefore may be
committed by private citizens, the state ought not to be affected
thereby; unless that should justify 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[w]; _hostes hi sunt
qui nobis, aut quibus nos, publice bellum decrevimus: caeteri latrones
aut praedones sunt_. And the reason which is given by Grotius[x], why
according to the law of nations a denunciation of war ought always to
precede the actual commencement of hostilities, is not so much that
the enemy may be put upon his guard, (which is matter rather of
magnanimity than right) but that it may be certainly clear that the
war is not undertaken by private persons, but by the will of the whole
community; whose right of willing is in this case transferred to the
supreme magistrate by the fundamental laws of society. So that, in
order to make a war completely effectual, it is necessary with us in
England that it be publicly declared and duly proclaimed by the king's
authority; and, then, all parts of both the contending nations, from
the highest to the lowest, are bound by it. And, wherever the right
resides of beginning a national war, there also must reside the right
of ending it, or the power of making peace. And the same check of
parliamentary impeachment, for improper or inglorious conduct, in
beginning, conducting, or concluding a national war, is in general
sufficient to restrain the ministers of the crown from a wanton or
injurious exertion of this great prerogative.

[Footnote u: Puff. l. 8. c. 6. Sec. 8. and Barbeyr. _in loc._]

[Footnote w: _Ff._ 50. 16.