a right which princes claim of taking from their enemies anything equivalent to what the latter unjustly detain from them or their subjects. For as the delay of making war may sometimes be detrimental to individuals who have suffered by depredations from foreign potentates, our laws have in some respects armed the subject with power to impel the prerogative, by directing the ministers of the crown to issue letters of marque and reprisal upon due demand; the prerogative of granting which is nearly related to, and plainly derived from, that of making war, the former indeed being only an incomplete state of hostilities, and generally ending in a formal denunciation of war. These letters are grantable by the law of nations, whenever the subjects of one state are oppressed and injured by those of another; and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal (words used as synonymous, and signifying, the latter a taking in return, the former the passing the frontiers in order to such taking) may be obtained, in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found. And indeed this custom of reprisals seems dictated by nature herself; for which reason we find in the most ancient times very notable instances of it. But here the necessity is obvious of calling in the sovereign power to determine when reprisals may be made, else every private sufferer would be a judge in his own cause. In pursuance of this principle, it is with us declared by the statute 4 Henry V. c. 7, that if any subjects of the realm are oppressed in time of truce by any foreigners, the king will grant letters of marque in due form to all who feel themselves aggrieved. The form to be observed is thus prescribed: The sufferer must first apply to the lord privy-seal, and he shall make out letters of request under the privy-seal; and if, after such request of satisfaction made, the party required do not within a convenient time make due satisfaction or restitution to the party aggrieved, the lord chancellor shall make him out letters of marque and reprisal under the great seal; and by virtue of these he may attack and seize the property of the aggressive nation, without hazard of being condemned as a robber or a pirate.