Selected quad for the lemma: england_n
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A77797
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The priviledges of an ambassadour: VVritten by a civilian to a friend who desired his opinion concerning the Portugall ambassadour
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1654
(1654)
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Wing B545A; ESTC R231192
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5,858
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13
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lagationum Sanctimoniam legatorum Pomponius l. si quis ff de legationibus Sancta corpora Legatorum Varro lib. 3. de ling. lat ab omni injuriâ tectis jure Gentium Servius ad 10 Aeneid tutique regressus legato Papinius lib. 2. I shall not deny but that some learned men do hold that the law of nations is reciprocall and may be violated by the Legate as upon the Legate and that t is one thing to violate the Embassadour and another thing to punish him this supposing a Crime that an Injury hoc juris illud facti nomen est and though a Legat is esteemed holy and inviolable by the lawes ff l. 8. de rer divis yet Marcianus in his elegant definition of the word Sanctum delivers that to be so quod ab injuriâ hominum non autem a jure magistratus defensum atque munitum est and therefore if an Embassadour Jure gentium sanctus habetur Jure-gentium etiam delinquens obligatur ad paenam like as a sanctuary will save a mans life from man-slaughter but not when man-slaughter is comitted within the Sanctuary Cap. in audientia ex de sent excom Frustra siquidem Ecclesiae implorant auxilium qui in eam committunt To this it may be replyed that by Remission of an offending Embassadour to his own Prince the offence is not pardoned but the tribunall changed his Mercuriall rod doth not free but reprieve him he may be interrogated and his examinations transmitted to his Prince to punish him And if an Embassadour ought to be remitted for offences against Princes and Common-wealths which are Crimes contra Jus inter Gentes quod Jus inter Principes populos diversarum Gentium communiter intercedit how much more for offences against private persons that are Crimina solùm Jure Gentium such as are Homicide Felony and Lying c. Now whether that security given to the Legates themselves may be extended to their followers comes home to the Portugalls Case It is a received rule that privilegium concessum personae singulari extenditur ad personas accessorias sine quibus privilegium exerceri non potest Rebuffus de privilegiis c. privileg 166. cap. licet Plut. de privileg in 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And we see it granted at home and abroad to Embassadours their followers being comprehended to use divine service after their owne Countrey Rites Argum. leâ— 16 ff dâ—â—ffio prâ—â—s 12 q. 2. cap. ecclesiar and Religion eademque Privilegia prudentum interpretatione derivantur extenduntur ad Comites cum aequissimum sit oneris periculi socios quinimo muneris vicarios morum testes honoris quoque favoris esse participes And therefore they are equally guilty by the Julian Law who have injur'd either the Embassadors or their Comites ff ad leg Juâ— de repub l. Julia lege De Jure Bel. pac l. 2. c. 18. §. 8 And the most excellent Grotius saith Comites sancti sunt accessoriè and therefore if they doe transgresse the Legat may be demanded to yeild them up but they are not to be taken away by force which being once done by the Achaeans upon the Lacedaemonians who were in company with the Roman Embassadours the Romans exclaim'd The Lawes of Nations were broken Paus lib. 7. And if the Embassadours refuse to deliver up the offendours satisfaction may be required of that Prince or State that commission'd the Legat. The meer Law of Nature exacts punishments in the place where the Crime is committed Lâ—g 2. God ubi crim God ubi sen leg 1. ff l gâ— eo fa cto de vulg Subs and by the Civill Law quisque conveniendus est ubi deliquit vel ubi reperitur it seeming to be reason that reatus omnem honorem excluderet and that immunitas desineret cum incipit esse damnosa Yet the Law of Nations exempts those that come upon publick Faith by which Law many things are forbidden that are allowed by the Law of Nature Also by the Canon Law Clerico delinquenti datur praescriptio fori And the Civill Law speaks De subditis who are to be tried where they have offended If Embassadours and their Comites should be onely secur'd from outrages and injustice other men being so farre protected they enjoy no speciall favour or priviledge Besides the security and remission of an Embassadour and his Comites is of more concernment than their punishments for punishments ought and may be had from that Prince and State which sent the Embassadour And if they refuse justè interpellati warre may be denounced in vindication And therefore those Lawes which subject Stangers to the Lawes of those Territories where the Strangers are found suffer an exception in the persons of Legats because they represent their Princes The Civilities and Violations done to their Embassadours being esteem'd by Princes as done to themselves We finde him in the Civill Law to be guilty of Treason ff leg 6 ta ad leg Jul. Majest 19. Obs qui statuas aut imagines Imperatoris jam consecratas conflaverit aliudve quid simile admiserit and Cujacius like our owne Law affirmes him guilty of the penalty in the Law Cornelia qui monetam vultu Principis signatam conflaverit 7. Variar Cassiodorus brings in King Theodorick speaking Monetae debet integritas quaeri ubi vultus noster imprimitur quoduam erit tutum si in nostrâ peccetur effigies c. Dio. Ap. in Mithr And Philip did therefore overthrow Athens because the Athenians had but bespattered his Image with Urine And if the Abusers of the Statues and Pictures of Princes have been so severely handled how may they be dealt with that shall violate the vocall and animate Images of Princes prope dixerim animum Linguam the Legates themselves Idiaco Secretary to Philip the second King of Spaine told Waad the Embassadour of Queen Elizabeth Camd. Eliz. that the affronts and injuries the Queene had done to Mendoza anno 1584 as formerly to Despesi the Spanyards Embassadours anno 1569. were offered to the Catholick King himselfe An Embassadour therefore representing his Prince enjoyes the same priviledge his Prince should do were he in another Nation And there is a notable President cited out of Fleta Lib. 2. cap. 3. that Kings carry an exempt Jurisdiction being in another Nation where treating of the Jurisdiction of the Court of Marshalsey it is said And these things they may lawfully doe by Office that is to say the Steward of the Kings houshold notwithstanding the liberty of any other although in another Kingdome where the offendour may be found in the Kings house according to that which happened at Paris held in the 14. year of Edw. 1. of one Ingelram of Nogent taken in the houshold of the King of England the King himselfe being then at Paris with silver dishes lately stoln at which deed the King of France being present and whereupon the Court of the King of France did claim Cognizance of the Plea concerning that Theft by Jurisdiction of the Court at Paris the matter being diversly debated in the Councell of the King of France at length it was ordered that the King of England should use and enjoy that his Kingly Prerogative of his houshold where being convicted by Sir Robert Fitz-John Knight Steward of the Kings houshold of the Theft by consideration of the same Court he was hanged on the Gallows in St. German's fields It may be objected that by this Remission of the offendors to their own Masters the like attempts may be encouraged the Traine and followers of Embassadours being not stinted by the Lawes of Nations and then not legatio sed Legio mittatur Proc. lib. 2. whereupon Georgius Romanus Governour of the Citie Dara under Justinian the Emperour refused to admit the Embassadours of Cosrhois the Persian King into the City being foure hundred Persons lest they might prevaile upon the City It is replyed No man can justly object his feare of the multitude of Embassadours for my right is not taken away by another mans seare and so much the lesse because there be many wayes of Caution and prevention of danger It is true that Embassies of Congratulation carry more pomp usually than businesse and the Attendants are many In these Embassies of businesse fewer because transactions are more expeditious and more secret that are managed by few And therefore that little beast the Naturalist cals Millepeda omnium reptilium tardissimum est animalculum And though Demetrius taking it heynously from the Lacedaemonians that had sent onely one person in Embassie to him sic exclamasse fertur unum ad me Lacedaemonij to whom the Legate replyed scitè breviter sed non ad Legationis pompam ac decorem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Isidor lib. 4. speakes of Belus rex Babyloniae who first introduced Commerce by Embassadours that he was content with two Like old Cato that had one or two Boyes onely in his company when he was Embassadour Plutarch Yet our moderne Lawyers commend sometimes the splendor of an Embassage our Stories express them most successful in their Treaties that are most honourable in their carriage and Copious in their traines And Kirchnerus observes the French to be reputed ignominious by the parsimony of their Legations But heretofore as well as at present the Portugalls in their Embassies as Warser de Legat. speakes Lusitani Regis in Hispaniam legationem instar exercitus appulisse and the master of the Houshold appointed to quarter them demanding how many they were being answered by a Portugall that they were 500 like unto Gods and 500 like unto other men in that Embassage replyed that the God-like should go into the Temples and these like men into the Inns. In this delivery of my Judgement I have not endeavoured to flatter my Countrey-men into the usurpation of an illegall priviledge but rather advertis'd them to amplifie their renown by a generous observation of Hospitality and respect to strangers and Embassadours and have impartially searched after truth because though there is no man before whom I might more safely erre yet there is none whom I would more unwillingly seduce than my Second selfe FINIS