or a prize won
at the Elian games by his father Neleus, and for debts due to many
private subjects of the Pylian kingdom: out of which booty the king
took three hundred head of cattle for his own demand, and the rest
were equitably divided among the other creditors.]

V. UPON exactly the same reason stands the prerogative of granting
safe-conducts, without which by the law of nations no member of one
society has a right to intrude into another. And therefore Puffendorf
very justly resolves[a], that it is left in the power of all states,
to take such measures about the admission of strangers, as they think
convenient; those being ever excepted who are driven on the coasts by
necessity, or by any cause that deserves pity or compassion. Great
tenderness is shewn by our laws, not only to foreigners in distress
(as will appear when we come to speak of shipwrecks) but with regard
also to the admission of strangers who come spontaneously. For so long
as their nation continues at peace with ours, and they themselves
behave peaceably, they are under the king's protection; though liable
to be sent home whenever the king sees occasion. But no subject of a
nation at war with us can, by the law of nations, come into the realm,
nor can travel himself upon the high seas, or send his goods and
merchandize from one place to another, without danger of being seized
by our subjects, unless he has letters of safe-conduct; which by
divers antient statutes[b] must be granted under the king's great seal
and inrolled in chancery, or else are of no effect: the king being
supposed the best judge of such emergencies, as may deserve exception
from the general law of arms.

[Footnote a: Law of N. and N. b. 3. c. 3. Sec. 9.]

[Footnote b: 15 Hen. VI. c. 3. 18 Hen. VI. c. 8. 20 Hen. VI. c. 1.]

INDEED the law of England, as a commercial country, pays a very
particular regard to foreign merchants in innumerable instances. One I
cannot omit to mention: that by _magna carta_[c] it is provided, that
all merchants (unless publickly prohibited beforehand) shall have safe
conduct to depart from, to come into, to tarry in, and to go through
England, for the exercise of merchandize, without any unreasonable
imposts, except in time of war: and, if a war breaks out between us
and their country, they shall be attached (if in England) without harm
of body or goods, till the king or his chief justiciary be informed
how our merchants are treated in the land with