Debt upon bond. The defendant pleads, that the plaintiff was an alien enemy born in France of French parents who were alien enemies, and that he came into England sine salvo conductu, and concludes in bar. The plaintiff replies, that at the time of making of the bond he was, and yet is, here per licentiam et sub protectioine domini Regis. The defendant demurs. And Wright Serjeant, objected, that it appears that the plaintiff is an alien enemy,. And came here sine salvo conductu. He admitted, that an alien enemy, who comes here with safe conduct, may maintain an action. But unless there is a safe conduct, though it be per licentiam et protectionam, he cannot maintain an action. For by the same reason a captive or prisoner of war may maintain an action. But to that it was answered and resolved, that the necessity of trade has mollified the too rigorous rules of the old law in their restraint and discouragement of aliens. A Jew may sue at this day, but heretofore he could not, for then they were looked upon as enemies. But now commerce has  [*283]  taught the world more humanity. And as to the case in question, admit that the plaintiff came here before the war was proclaimed, (for so it may be intended) then this action is maintainable, 1. Because there was no need of a safe conduct in time of peace. 2. Though the plaintiff came here since the war, yet if he has continued here by the King’s leave and protection ever since, without molesting the Government or being molested by it, he may be allowed to sue, for that is consequent to his being in protection. And Treby Chief Justice said, that wars at this day are not so implacable as heretofore, and therefore an alien enemy, who is here in protection, may sue his bond or contract; but an alien enemy abiding in his own country cannot sue here. And Dier 2 b. pl. 8, and the other books ought to be understood so. Note, that Treby Chief Justice said in this case last Trinity term, that the King may declare war against one part of the subjects of a prince, and may except the other part. And so he has done in this war with France, for he has excepted in his declaration of war with France all t he French Protestants. And of such proclamations all ought to take notice, because the war beings only by the King’s proclamation.